19 March 2015
To
The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi – 110023
Ref.:- The NHRC Case No.1491/25/15/2012-PF
Our Complaint dated 10.9.2012
Respected Sir,
On 16.3.2015 I perused the website of the Commission in connection with the above noted case reference and found that the Commission observed that I did not send any comments on the report of BSF and Police by 6.5.2013.
In this connection I would like to mention that I received the Commission's letter dated 5.4.2013 along with the copy of the report from Police and BSF authority. Upon receipt of the same I sent my comments on the police and BSF report to the Commission through my email on 23.4.2013. One copy of the said email dated 23.4.2013 containing my comments on the police and BSF report is attached herewith for your kind perusal.
I hope that the Commission would note the above in the record in connection with the above noted case reference and take appropriate action in this regard.
Thanking You,
Yours truly
Kirity Roy
Secretary, MASUM
| Reply to NHRC Case no. 1491/25/15/2012-PF |
| Kirity Roy <kirityroy@gmail.com> | Mon, Apr 22, 2013 at 6:07 PM |
| To: NHRC <covdnhrc@nic.in>, ionhrc@nic.in Cc: "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>, jrlawnhrc <jrlawnhrc@nic.in> | |
To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi-110001 23 April 2013
Ref.:- Your Letter dated 5.4.2013 in connection with NHRC Case no. 1491/25/15/2012-PF
Our complaint dated 10.9.2012
Our comments against the reports of BSF and Police
Respected Sir,
First of all I want to apologies for my previous reply sent to you yesterday by email. Please ignore that. Here is my reply.
We received your letter dated 5.4.2013 in connection with NHRC Case no. 1491/25/15/2012-PF along with the documents attached with your letter. We place our comments on the reports herein below:-
It is stated in the report of the Sub-Divisional Police Officer, Basirhat, North 24 Parganas that during enquiry Ms. Aleya Bibi stated that Jafar Gazi, son of Siraj Gazi of Nabatkati, distant relatives of the petitioner has taken Rs. 1000/- from her on the plea that he had to pay it to the Custom Officer. But surprisingly the enquiring officer did not examine Jafar Gazi for the reasons best known to him. The victim Jubbar Molla and his mother Aleya Bibi were examined by the enquiring officer and they affirmed the incident of torture and apprehension of the victim by the perpetrator BSF personnel before the enquiring officer.
It is also stated in the enquiry report of the Sub-Divisional Police Officer, Basirhat that "…Officer of Khalsi BOP and Kaijuri of 152 Bn BSF were also examined and relevant documents were examined but nothing could be found to corroborate that Jubbar was either apprehended or detained by the BSF authority…" In this juncture we would like to mention that in Paragraph 4 of the BSF report it is stated that Zubbar Molla (age approx. 10 years) was apprehended on 1st July, 2012 and he was brought at BOP Khalsi for preliminary questioning. Then he was sent to Saraful Rural Hospital for medical examination and he was handed over to custom authority Tentulia. Such report of BSF itself evident the cruel and inhuman treatment committed upon the victim Jubbar Molla who is a minor. The victim being a minor was subjected to questioning as evident from the report. The report is itself proof that the victim's parents were not informed about his apprehension by the BSF personnel and he was clandestinely handed over to customs officials.
On the other hand the Superintendent of Customs, Tentulia Customs Preventive Unit in his letter (Memo no.- C no. VIII(26)tent/Cus/Con/2006/376) dated 8.10.2012 addressed to the Officer-in-Charge of Swarupnagar Police Station affirmed that no such case booked from 25th July, 2012 to 1st August, 2012 in the matter of the victim boy Jubbar Molla, son of Rabiul Molla of Nabatkati, Police Station-Swarupnagar, North 24 Parganas.
The Additional Superintendent of Police, Barasat, North 24 Parganas vide his letter(Memo no. 352/NZ) dated 11.2.2013 addressed to the Superintendent of Police, North 24 Parganas stated that during enquiry it has been transpired that BSF personnel had allegedly detained Jubbar Molla on 27th July, 2012 while he was grazing cattle and he was subsequently released.
Therefore, in short, the reports of the authorities are contradictory with each other and there is no attempt to come with clean hands with their so called reports before the Commission. It seems that the police and BSF authorities are only concerned to save their skin. There is no doubt to assume that the reports are manufactured and concocted.
Hence we request the Commission to set aside the reports placed before the Commission by BSF and the police authorities and direct a neutral investigation by the Commission's own investigation wing by considering the comments placed by us.
Thanking You,
Yours truly
Kirity Roy
Secretary, MASUMSecretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in
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