26 July 2016
To
The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi – 110023
Ref.:- NHRC Case no.1451/25/6/2015
My complaint dated 25.08.2015
My strong protest against the decision of the Commission
Respected Sir,
On 25.08.2015 I lodged complaint before the Commission in the matter of the victim Samiruddin Sk from District-Cooch Behar, West Bengal.
The Commission registered the complaint vide Case no.1451/25/6/2015 and the Commission vide letter dated 30.09.2015 intimated to me that my complaint was transmitted to the Secretary, Ministry of Home Affairs, Government of India for submitting action taken report within four weeks.
Under the above circumstances, I received a letter dated 23.06.2016 from the Commission wherein it was intimated to me that the case has been closed by the Commission upon relying on the report submitted by Border Security Force.
The Commission also observed that the report denied the allegation made in my complaint and the Commission accepted the unchallenged report of Border Security Force because I was not given any opportunity to submit my comments on the report submitted by Border Security Force.
In the process of fair disposal of the grievances of the victim as raised in my complaint, it is reasonably expected that I should have been given an opportunity to place my comments on the BSF report, but I was denied of such fair process and I even found that the right of fair representation to the victim and the eyewitnesses was not allowed.
It is just to say that such acceptance of unchallenged report of BSF in closing the present case is against the rule of law where the victim's voice was unheard and eventually resulted in the secondary victimization of the victim. The victim's right to adjudication of his grievance through a just, fair and reasonable procedure is completely denied.
I have no hesitation to say that I am deeply aggrieved with such decision of the Commission because right from the inception of the justice delivery system it has been accepted that discovery, vindication and establishment of truth are the main purposes underlying the existence of the justice delivery system and if the justice delivery system acts contrary to such principles, then people for whose benefit the justice delivery system exists shall start doubting the efficacy of the system. I am sorry to say that the decision of the Commission reminds me a famous saying "laws are like spiders' webs: if some light and powerless thing falls into them, it is caught, but a bigger one can break through and get away".
I hope that the Commission would re-call its decision, give me an opportunity to place my comments on the BSF report and the victim is given a fair opportunity to access to justice by making proper representation of his grievance and his voice is heard otherwise the matter will remain a blot in the fair process of justice and the protection of human rights.
Let me finish with a quote - If you are neutral in situations of injustice, you have chosen the side of the oppressor. If an elephant has its foot on the tail of a mouse and you say that you are neutral, the mouse will not appreciate your neutrality. - Desmond Tutu
Thanking you,
Yours truly
Kirity Roy
Secretary, MASUM
My complaint to NHRC
25 August 2015
To
The Chairman
National Human Right Commission
Manav Adhikar Bhawan, Block-C, GPO Complex, INA, New Delhi-110023
Superintendent of Police—Coochbehar--- Ref No. MASUM/SP/CBR/24/4124/15
Respected Sir
Here I am referring one incident of heinous assault by the perpetrator Border Security Force (BSF) jawan upon the victim boy namely Master Samiruddin Seikh without any valid reason. The victim resides at village- Sukarurkuthi, Police Station – Dinhata, District – Cooch Behar, West Bengal.
On 25.3.2015 at about 9 am the victim boy who is only 15 years old went to Bhatiyar More (crossing) under the jurisdiction of Dinhata Police Station to play with his friends but he came under the severe assault in the hands of the perpetrator BSF jawan for the reason that he could not hear the call of the BSF jawan. The victim boy was brutally assaulted by the BSF jawan. The victim boy was under treatment in hospital for three days. Still his physical condition is not well but the family is unable to bear further medical cost for him due to financial crisis. The Superintendent of Police, Cooch Behar did not make any response to the written complaint against the perpetrator BSF jawan submitted by the victim's family.
In this case the perpetrator BSF personnel engaged into perpetrating torture and custodial violence upon an innocent minor boy. The act of the BSF personal was not only savage and brute but also against the national and international legal provisions. The torturous act was in contravention of Article 19 and 37 of UN Convention on Rights of the Children; where the convention has stated that the right of every child to be protected from being hurt or badly treated and not to be punished in a cruel or hurtful way and India has ratified the convention way back. Besides that, Articles 2, 5, 6, and 8 of the UN Code of Conduct by the Law Enforcement Officials has been blatantly violated by the perpetrator BSF jawan.
Hence I seek your urgent action in this case with the following demands:-
· An impartial enquiry by one neutral investigation agency must be directed in this case
· The accused BSF jawanmust be immediately be apprehended and must be prosecuted in open court of law.
· The accused BSF jawan must be punished in accordance with law.
· The victim must be provided with adequate compensation, protection and immediate relief for his medical treatment.
Thanking You,
Yours truly
Kirity Roy
Secretary, MASUM
National Convener- PACTI
Name and details of the victim: - Master Samiruddin Seikh son of Mr. Sahar Ali, aged about 15 years. He lives in village – Sukarurkuthi, Police Station – Dinhata, District – Cooch Behar, West Bengal, India.
Name and Details of Perpetrators: - Mr. Manoj Kumar, Border Security Force (BSF)Jawan of Karola Border Out Post, Company-A, Battalion-124 under Dinhata Police Station.
Date and Time of the incident: - On 25.3.2015 at about 9 am.
Place of the incident: - At "Bhatiyar More (crossing)" near Border Pillar no. - 934(5) S under Dinhata Police Station.
Fact Finding Details: -
It is revealed during the fact finding that Mr. Sahar Ali is aged about 59 years and he is a resident of village – Sukarurkuthi. He is a farmer by profession and only earning member in the family. His family consists of his wife Ms. Rahima Bibi and 6 children. The victim Master Samiruddin Seikh is one of the children of Mr. Sahar Ali and he is about 15 years only.
The victim Master Samiruddin Seikh studies in a Madrasa and he stays there. He comes to home for 1-2 days in every month. On 24.3.2015 he came to home from Madrasa. On 25.3.2015 at about 9 am went to Bhatiyar More (crossing) to play with his friends. At that time his father Mr. Sahar Ali was sipping tea in a tea stall at Bhatiyar More (crossing). At that time One BSF jawan named Mr. Manoj Kumar under Karola Border Out-Post, Battalion No. – 124 called up the victim boy. But due to some distance he could not hear his call. Then Mr. Manoj Kumar got angry and came near to the victim boy. He caught hold of the victim boy and started to beat him indiscriminately by fists and kicks. Seeing the incident Mr. Sahar Ali and some people present on the spot rushed to save the victim boy and requested the perpetrator BSF jawan to leave the victim boy. But the BSF jawan did not pay heed to their request. Then he thrashed the victim boy on the road while kicking him repeatedly on his abdomen. After 10-15 minutes continuous torture Mr. Manoj Kumar left the place while the victim boy almost lost his sense. The whole incident was eye witnessed by the father of the victim and other people.
Then Mr. Sahar Ali took the victim to Dinhata Sub Divisional Hospital in an ambulance. The doctor transferred him to Cooch Behar MJN Hospital for CT scan on that day. After CT scan the victim was taken back to Dinhata Sub Divisional Hospital and he was under treatment in the said hospital for 3 days.
On 29.3.2015 the victim returned to his home but still his health condition is not well. The family is unable to bear the cost of his further treatment due to poor financial condition.
On 20.4.2015 Mr. Meher Badsah, being the elder brother of the victim boy lodged written complaint before the Superintendent of Police, Cooch Behar stating the incident of torture upon the victim and in the complaint he prayed for appropriate legal action. But till date there is no action on the complaint.
--
Secretary
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- +91-33-26220845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in
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