14 December 2018
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, G.P.O Complex, INA
Reference: NHRC case no. 1208/25/13/2016-PF
The Complaint dated 24th August, 2016
Commission's reply dated 18.05.2018
Protest against the direction of the Commission
In connection with the above referred case, the Commission issued one direction dated 18th May, 2018 where the Commission closed the case on the basis of the report submitted by the Under Secretary, IS-I Division, Ministry of Home Affairs, Govt. of India vide his communication dated 19.12.2017, who had also submitted in his report that no atrocities had been committed upon the minor victim and the petitioner had sent the petition with the malafide intention in order to demoralize the security forces and the second point is upon completion of investigation in case FIR no. 408/2016 PS Raninagar , final report had been put in court on 30.11.2016, therefore the Commission did not carry on further intervention into the matter as the matter under sub judice.
I, being the secretary of MASUM beg to submit a strong protest letter against the direction of the Commission to close the case.
At first, it should be remembered the case itself is serious in nature where a minor Muslim boy namely Alamin Sk was assaulted by some unknown BSF jawans at noon while he was returning home from the field, near BSF outpost no. 03 of Kaharpara BOP Camp under Raninagar PS and the inaction of the local police in the matter. After lodging the above stated complaint to NHRC, your authority registered the case and called for the report of the concerned authority. The Commission issued one letter dated 24.08.2017 along with a copy of the police report and on 28.09.2017 our organization submitted the comments on the police report but your authority closed the case on the ground of the report submitted by the Under Secretary, IS-I Division, Ministry of Home Affairs, Govt. of India. But truly said I do not find any copy of the said report. Being the supreme authority for protection of the rights of the human being, is it just on the part of the NHRC to close the case based on just a report submitted by the Central Home Ministry? The said act of the Commission seems to us that Commission is now like a stooge in the hands of the force administration.
Secondly, It also appears from the enquiry report submitted by the Sub Divisional Police Officer, Domkol, Murshidabad, dated 23.09.2016, there are many flaws which mentioned point wise:-
· Ms. Asia Bibi, being the mother of the victim boy was treated as FIR vide Raninagar PS case no. 408/2016 dated 14.08.2016. The FIR was started under sections 341/325/34 of Indian penal Code. All those penal sections are bailable and triable by a judicial Magistrate. The victim's mother alleged in her complaint that the victim was beaten by two BSF personnel and became unconscious. The victim sustained bone fracture, bleeding and deep cut injuries on his body and he sustained grievous hurt due to murderous assault committed upon him by the accused BSF personnel. She even stated in her complaint that the accused BSF personnel attempted to him by throttling his neck with a towel. Therefore the circumstances stress that the accused persons should have been arrayed under section 307/326 of the Indian penal code. But the police charged lighter sections against the accused BSF personnel. Such action of the police is not just and in equality of legal ethics and also not as per with the lawful discharge of duty by the police.
· The victim's mother stated before the enquiring officer that the incident of physical assault upon the victim by the involved BSF personnel followed by his medical treatment was true. But the enquiry officer suppressed the fact in respect of the above stated case.
From the above points it is proved that the report dated 23.09.2017 submitted by the SDPO, Domkol is a fabricated and concocted one and has no relevancy in the eyes of law and a reply was written against this police report on 28.09.2017 by the then secretary of MASUM Mr. Biplab Mukherjee.
Now, from the recent direction of the Commission I got information that pursuant to the direction of the Commission a report dated 19.12.2017 had been submitted by the Under secretary, IS-I Division, Ministry of Home Affairs, Govt. of India. But I do not find any report dated 19.12.2017 submitted by the Under Secretary, IS-I Division, ministry of Home Affairs, Govt. of India forwarded to me for my comment. So, the question rises here, without giving me an opportunity to peruse the report dated 19.12.2017 submitted by the Central Home Ministry how can your authority close the case? Is that report is confidential? Is NHRC wants to be mouthpiece of ministry of Home Affairs, Govt. of India? I want to remember within myself, Thomas Jefferson's phrase "when injustice becomes law, resistance becomes duty".
Thirdly, Border Security Force is an authority under the Central Home Department. So it is natural that the report of the Home Ministry, Govt. of India never discloses the criminal activity of the power lover BSF personnel. To conceal the crime of the perpetrator BSF personnel, the report of the Central Home Ministry suppressed the truth and made a fabricated story.
Fourthly, the final report submitted by the police is a prima facie evidence and not a concluding one. But it is revealed from some cases that NHRC is now working under the guidance of police authority. Is it a rule of justice where NHRC closed the case simply for filing final report by the police? Then in India, there is no need of judiciary. Let police can or cannot register one complain, let them to file charge sheet or final report against the offender and let be it granted by Constitution of India. NHRC should recommend that in India, no justification of running criminal courts, no need to run HRIs.
Besides that previously SDPO, Domkol, Murshidabad had submitted his report to your authority on 23.09.2016 through the Superintendent of Police, Murshidabad. There he reported that the investigation of this particular criminal case being FIR no.408/2016 under Raninagar PS was pending. But after that the report dated 19.12.2017 submitted by the SP, Murshidabad, just only stated the final report had been put in the court on 30.11.2016. Here several questions rise in the minds of the sound people:-
(i) The Ministry of Home Affairs, Govt. of India has already issued Advisory on Crime against Children. The advisory mandates for all out efforts to apprehend the accused persons, through investigation and filling of charge sheet within 3 months from the date of the occurrence without compromising on the quality of the investigation. Then why did the final report had been submitted to the respective court after passing out 3 months of the fateful incident?
(ii) Why did after a long time (almost one year) of submission of the final report to the Court, The SP, Murshidabad, sent a report to NHRC just only saying the final report had been put in the court?
(iii) Was your authority got the copy of the final report submitted by the SP, Murshidabad, to the Court? If yes, then
(a) Why NHRC did not send me the copy of the final report?
And if no, then
(b) Why NHRC did without perusing the final report submitted by the SP, Murshidabad, close the case?
(c) Before closing the case did NHRC satisfied itself that copy of final report was sent to complainant and the investigation report of police was just, fair and reasonable?
(iv) Was the final report submitted by the police authority, had any relevance for closing the case, where we all know that the authority of the police and BSF are under the Home department, be it central or state?
The contention of the NHRC is, as the final report was filed in the court, therefore the matter became sub judice and thereby no intervention was needed. It should be remembered that NHRC is a quasi judicial body and a watch tower over all types of violations of human rights. So it has jurisdiction to run the case after knowing the matter was sub judice. There was a vast difference between the court proceedings and NHRC proceedings. Closing the case without giving me any chance to peruse the report dated 19.12.2017 submitted by the Under Secretary, IS-I Division, Ministry of Home Affairs, Govt. of India and on the ground of submitted final report to the court by the police is baseless and violation of the rules of natural justice.
Therefore, it is my urge to your good authority that kindly considers my above stated points and stuck the previous decision of closing the case and sends the report dated 19.12.2017 submitted by the Under Secretary, IS-I Division, Ministry of Home Affairs, Govt. of India for my proper reply in respect of the report.
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Tele-Fax - +91-33-26220843
Disclaimer:The information in this email is confidential and may be
legally priviledged. It is intended solely for the addressee. Access
to this email by anyone else is unauthorised.If you are not the
intended recipient, disclosure,copying,distribution or any action
taken or omitted to be taken in reliance on it,it is prohibited and
may be unlawful.In such case,you should destrioy this message and
kindle notify firstname.lastname@example.org by reply email.