Tuesday, August 30, 2016

[IAC#RG] VIGILANCE COMPLAINT against your Secretary Chandraker Bharti

DELHI DIALOGUE COMMISSION (www.delhidialoguecommission.in)

an initiative of "India Against Corruption"

To:

Shri Arvind Kejriwal,
Chief Minister of NCT Delhi

BY EMAIL

Dear Chief Minister,

We are constrained to complain, regretfully, against the gross corruption being displayed by your Environment Secretary Shri Chandraker Bharti, IAS.

Based on his inaction and silence towards us and our complaint, we are complaining to you that this IAS officer Chandraker Bharti appears to be in the pay and pocket of Mr. Mukesh Ambani's company M/s Reliance JIO (or suchlike) which is on a spree of installing thousands of highly polluting mobile towers exclusively powered by diesel gensets all over Delhi.

It is no coincidence that Mr. Chandraker Bharti was brought to Delhi and installed as a Secretary in GNCTD by the L-G, Shri Najeeb Jung, who is himself an old Mukesh Ambani hand, eg. see:

1) Is Najeeb Jung fit for current post?
2) How Ambani's Reliance corrupted the system

3) Faced with crisis, Reliance honchos reach Najeeb Jung

As you know, Delhi is faced with a terrible pollution crisis which needs to be tackled on a war footing and such corrupt officers acting for vested interests should be immediately given the boot.

The people of Delhi, through the Delhi Dialogue Commission, are clearly conveying to your elected government that we will neither tolerate AAP's role in allowing Airtel/Voda to install thousands of polluting diesel genset powered towers in the past nor Mr. Jung's corruption in now allowing Reliance JIO to install tens of thousands of such towers throughout Delhi.

When Delhi voted your govt to power in 2014, Delhi expected you to tackle this pollution problem which is well known since 2013 when these towers began being installed in large numbers, see

Death by Breath: For generators, rules in place but no one to enforce them

IAC believes that these diesel gensets within Delhi now contribute over 40% of the PM10 pollutants in Delhi's air and 80% of that pollution comes from mobile tower gensets. In some areas they contribute 80% of the total PM10 pollutants.

We therefore expect that you will personally inquire into why the specific Reliance JIO mobile tower I have complained about is still functioning exclusively on diesel genset despite it being within 500m of a leading hospital, at least 4 top education institutes and within a peaceful residential area. FYI, the details of your officer's corrupt inactions are in the attached trail mails.

Yout Transport Commissioner should also be sent a show-cause notice to explain why highly polluting motor vehicles registered in Maharasthra are being permanently sited in Delhi in massive quantities for Mr. Mukesh Ambani's corporate to provide their "free" mobile services in Delhi, and no action is being taken against them. The fact that all these trailer mounted mobile sites are illegal in the first place is clear from the situation that they have no fixed electricity connections and are not presently entitled to get them either.

In this instance, the Delhi Dialogue Commission would appreciate receiving a specific reply from your government instead of the usual forwarding note your OSD sends us. We would be obliged to receive your Govt's reply within 5 days and preferably with a charge sheet against your officer/s.

sincerely

Sarbajit Roy

National Convenor
for Delhi Dialogue Commission

(an initiative of "India Against Corruption")

B-59 Defence Colony,
New Delhi 110024

M: +91-8010205897

NB: This communication is sent to the Aam Aadmi Party Govt. of Delhi ('Aap ki Sarkar') in terms of the India Against Corruption decision dated 29.Aug.2011 which can be accessed here

On Thu, Aug 25, 2016 at 3:20 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

To:
Shri Chandraker Bharti, IAS
Secretary
Dept of Environment
Govt. NCT Delhi

Sir

It is very strange that no effective action has been taken by you on
my complaint, and neither has it been acknowledged by your office with
a clear time to resolution timeline. Merely forwarding my complaint to
the non-functioning DPCC is as good as taking no action at all and
such inaction is not expected from a popular government.

In these circumstances, I am again calling upon you to immediately
direct that the polluting installation I described is promptly shut
down until its poisonous emissions cease and since the aforesaid
polluting installation is also within a 500 metre radius of at least 1
major hospital and 4 prestigious educational institutions in the heart
of Delhi's diplomatic area.

sincerely

Sarbajit Roy

B-59 Defence Colony
New Delhi 110024

Telephone: +91-8010205897

---------- Forwarded message ----------
From: Sarbajit Roy <sroy.mb@gmail.com>
Date: Wed, 17 Aug 2016 09:07:48 +0530
Subject: COMPLAINT of highly polluting portable mobile towers
To: senv@nic.in

To:
The Secretary
Dept of Environment
Govt. NCT Delhi

Respected Sir

I wish to complain that a mobile telecom operator M/s Reliance JIO or
suchlike is recently installing thousands of mobile telecom towers all
over New Delhi which are running on powerful diesel gensets throughout
the day and night and which I apprehend are polluting the atmosphere
and environment and responsible for sharp rise in PM 2.5 and PM 10
particulate matters in Delhi.

By way of example I am enclosing 2 photographs of a trailer with
Maharashtra registration number "MH.42.T 1319" which is permanently
stationed on Dr. Jose Rizal Marg (Chanakyapuri) near Palestine Embassy
since about July 2016 and which is continuously operating a very
powerful diesel generator set spewing pollutants to power a mobile
antenna attached to it.

It is not clear why these rigs are not taking temporary or permanent
connections from the DISCOMS like NDMC or BSES and are vitiating the
atmosphere by running almost continuously on highly polluting diesel
gensets only occasionally supplemented by battery systems.

Accordingly, I would be obliged if you would issue directions to shut
down all these diesel generator based temporary mobile towers whose
proliferation I apprehend to be a major cause of rise in PM2.5 and PM
10 SPM pollutants in Delhi.

I am caused to approach you post haste since the State Air Control
Board (ie. DPCC) is completely defunct and is not monitoring SPM data
in Delhi since 2009, as evidenced by their website documents which I
have downloaded today and am attaching herewith.

Since it is a life threatening matter, I trust you will promptly
acknowledge this email, and take action immediately or within 1 week
in any case.

sincerely

Sarbajit Roy

B-59 Defence Colony
New Delhi 110024

Telephone: +91-8010205897

Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS

Evidently, there are ills in our judicial system. No use blaming only judiciary for the same. It is a combination of so many factors - some of which that come to mind are as follows -
With due respect top all Courts , Justices , Judges without contempt is submitted.
1. Outdated laws that the executive has failed to update. LOOKING TO THE PRESENT CIRCUMSTANCES OF CASE AND REALITY IN THE CASE , I WOULD SAY THE JUDGMENT SHOULD BE GIVEN IN PRESENT CIRCUMSTANCES APPROPRIATELY
.
2. Very large number of vacancies in Judiciaries for which political bosses and executives are equally responsible as the judiciary itself. Bureaucratic delays in approvals are galore. IT IS WITH DUE RESPECT TO ALL JUSTICES, JUDGES SUBMITTED THAT AS FAR AS IN MY ALL CASES , FOR LAST 22 YEARS, THEY SHOULD BEHAVE WITHIN THEIR OATH. OUT RIGHT , BEFORE DISMISSAL , ONE SHOULD THINK HUNDREDS OF TIME NEGATIVELY APPROACH. I ALWAYS APPEARS AS PARTY IN PERSON. WHAT IS WRITTEN IN THE PETITION IS NEVER CONSIDERED IN ORDER AT ALL.!!!!! IN SUPPORT OF THE SAME I CAN FILE AN AFFIDAVIT AND DOCUMENTARY EVIDENCE ALSO,

3. Government the biggest litigant - responsible the bureaucratic approach - some times Govt goes for litigation for small sums up to supreme court against poor employees / residents. GOVERNMENT THINKS , OFFICIALS, THEY HAVE NOT TO PAY OUT OF THEIR POCKET EXPENSES AT ALL.

4. Advocates - who by unscrupulous means keep on extending the proceedings by forcing adjournments for their personnel gains
THIS IS TOTALLY CORRECT. SEE THE GUJARAT HIGH COURT CASES Company Petition No 17 of 1996 , complete fraud in accounts somehow or the other Ignored completely.!!!
Special Civil Application No 7736 of 2006, two times dismissal orders had been passed , in silently , ignoring the High Court Rules ??!!! Crim Mis A 9684 of 2005 in Cr M 5639 of 1994. See minutely remarks in 2005 order on page no 3 last three line . When such cadre are there , what is use of .............appeal appeal till you die in silence , working for the others....
THESE CASES ARE SUM ONLY . YOU MAY FIND MANY MORE ...........
5. Corruption amongst advocates as well as judiciary NO COMMENTS , IN VIEW OF THE ABOVE IS FULLY COVERED.AND EXPLAINED SILENTLY

On Sunday, 28 August 2016 8:59 PM, ravindra malhotra <indiaresists@lists.riseup.net> wrote:

Evidently, there are ills in our judicial system. No use blaming only judiciary for the same. It is a combination of so many factors - some of which that come to mind are as follows -

1. Outdated laws that the executive has failed to update.
2. Very large number of vacancies in Judiciaries for which political bosses and executives are equally responsible as the judiciary itself. Bureaucratic delays in approvals are galore.
3. Government the biggest litigant - responsible the bureaucratic approach - some times Govt goes for litigation for small sums up to supreme court against poor employees / residents.
4. Advocates - who by unscrupulous means keep on extending the proceedings by forcing adjournments for their personnel gains
5. Corruption amongst advocates as well as judiciary

R.N.Malhotra

--------------------------------------------
On Fri, 8/19/16, Gaur J K <gaurjk@hotmail.com> wrote:

Subject: Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Date: Friday, August 19, 2016, 1:31 PM

19/8/16

This holier than thou attitude of the Chief justice is
not helpful. It clearly negates any suggestion for
improvement in the working of the judiciary. Corruption is
not an issue for him. Suggestion that there should be court
of Appeals in metropolitan cities
like Chennai ,Calcutta and Mumbai is not acceptable to him.
Commercial courts for Govt. litigation is not being
implemented.Gram Panchayats and alternative fora to ease the
pendency is not being implemented.Regds

From:
indiaresists-request@lists.riseup.net
<indiaresists-request@lists.riseup.net> on behalf of
Venkatraman Ns <nsvenkatchennai@gmail.com>

Sent: Saturday, August 13, 2016 7:38 PM

To: indiaresists@lists.riseup.net

Subject: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW
RESTRAINT IN HIS OBSERVATIONS

To

India Against Corruption

CHIEF JUSTICE OF INDIA
NEED TO SHOW RESTRAINT IN HIS
OBSERVATIONS

In open court, Chief Justice of
India has accused central government of bringing the entire
judiciary to a "grinding halt" by sitting on the
recommendations of the collegium for appointment and
transfer
of judges to high courts across the country. It is
disturbing that he went to the extent of saying that the
court would not shy away from a confrontation with the
government, if driven to a corner. He made such
remarks even when the Attorney General assured
that the issue would be taken up at the highest
level.

Even while the Chief Justice made
such sharp remarks, the law minister has said that
appointment of number of judges would be finalized very
soon. Is Chief Justice not aware of this?

The collegium issue has been under
discussions for quite sometime now and many have questioned
the judges themselves appointing the judges , when several
judges at various levels have been caught in corruption
scandals with one former Chief Justice of India
himself being one of the accused.
Government stand appears to
be that there must be proper procedure and transparency in
selection of judges. There is nothing wrong with this view.

Chief Justice rejects the
government's view and insists that he should have the
final say. This stand of the Chief Justice is the origin of
the confrontation.

It would have been appropriate if
Chief Justice has read the mood of the people, who are
increasingly not sure about the caliber of some of the
judges.

Reflecting such public mood , he
should accept the need for a level of transparency in the
appointment of judges. Threat of confrontation by Chief
Justice is not in tune with the functioning of the
judiciary.

N.S.Venkataraman
Nandini Voice for The
Deprived

-----Inline Attachment Follows-----

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Monday, August 29, 2016

Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS

Indian judiciary and governance is a

systematic vandelism by the (pseudo) elites - wherever they are.

The problem is British left, but not their beuracracy. This applies in the case of judges also. But British have changed, we still have their code of conduct.

Will India become quality based, one day!

Doubtful. Root cause is the failure of our educational system, and failure of our elites. Most are egocentric and do not participate in nation building exercise - global economy a boon for them. This lead to bickering, private education, somehow employed in th Govt, or otherwise, get "alms", amaze wealth, and abuse all innocents, 95% of India, for their favour. With every move, corruption is systematised: a perfect system, including judiciary, has been developed.

India is still the best - we boast - for democracy and tolerance. But when will a common man get a service from GOVT, without paying a 'price'.

The light in the tunnel is far away.

Pitchappan

On Friday, August 26, 2016, 20:21, ravindra malhotra <indiaresists@lists.riseup.net> wrote:

Evidently, there are ills in our judicial system. No use blaming only judiciary for the same. It is a combination of so many factors - some of which that come to mind are as follows -

1. Outdated laws that the executive has failed to update.
2. Very large number of vacancies in Judiciaries for which political bosses and executives are equally responsible as the judiciary itself. Bureaucratic delays in approvals are galore.
3. Government the biggest litigant - responsible the bureaucratic approach - some times Govt goes for litigation for small sums up to supreme court against poor employees / residents.
4. Advocates - who by unscrupulous means keep on extending the proceedings by forcing adjournments for their personnel gains
5. Corruption amongst advocates as well as judiciary

R.N.Malhotra

--------------------------------------------
On Fri, 8/19/16, Gaur J K <gaurjk@hotmail.com> wrote:

Subject: Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Date: Friday, August 19, 2016, 1:31 PM

19/8/16

This holier than thou attitude of the Chief justice is
not helpful. It clearly negates any suggestion for
improvement in the working of the judiciary. Corruption is
not an issue for him. Suggestion that there should be court
of Appeals in metropolitan cities
like Chennai ,Calcutta and Mumbai is not acceptable to him.
Commercial courts for Govt. litigation is not being
implemented.Gram Panchayats and alternative fora to ease the
pendency is not being implemented.Regds

From:
indiaresists-request@lists.riseup.net
<indiaresists-request@lists.riseup.net> on behalf of
Venkatraman Ns <nsvenkatchennai@gmail.com>

Sent: Saturday, August 13, 2016 7:38 PM

To: indiaresists@lists.riseup.net

Subject: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW
RESTRAINT IN HIS OBSERVATIONS

To

India Against Corruption

CHIEF JUSTICE OF INDIA
NEED TO SHOW RESTRAINT IN HIS
OBSERVATIONS

In open court, Chief Justice of
India has accused central government of bringing the entire
judiciary to a "grinding halt" by sitting on the
recommendations of the collegium for appointment and
transfer
of judges to high courts across the country. It is
disturbing that he went to the extent of saying that the
court would not shy away from a confrontation with the
government, if driven to a corner. He made such
remarks even when the Attorney General assured
that the issue would be taken up at the highest
level.

Even while the Chief Justice made
such sharp remarks, the law minister has said that
appointment of number of judges would be finalized very
soon. Is Chief Justice not aware of this?

The collegium issue has been under
discussions for quite sometime now and many have questioned
the judges themselves appointing the judges , when several
judges at various levels have been caught in corruption
scandals with one former Chief Justice of India
himself being one of the accused.
Government stand appears to
be that there must be proper procedure and transparency in
selection of judges. There is nothing wrong with this view.

Chief Justice rejects the
government's view and insists that he should have the
final say. This stand of the Chief Justice is the origin of
the confrontation.

It would have been appropriate if
Chief Justice has read the mood of the people, who are
increasingly not sure about the caliber of some of the
judges.

Reflecting such public mood , he
should accept the need for a level of transparency in the
appointment of judges. Threat of confrontation by Chief
Justice is not in tune with the functioning of the
judiciary.

N.S.Venkataraman
Nandini Voice for The
Deprived

-----Inline Attachment Follows-----

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Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS

Vijoy Ambasta

"Their allegiance to the constitution by the Judiciary is maximum or the fullest.."

This is not correct. Many times, It violates the law in letter and spirit.

Judiciary must follow the law which at times does not follow.

Its dictate on dahi-handi is wrong.

Why it bothers about hindu customs only?

It has nothing to say on slaughtring of bakras on eid or bakar eid.

Why it does not suo-motto ban 3 Talaq?

Judiciary can not be above people.

It must respect the people and should not indulge in making laws.

On Sat, Aug 27, 2016 at 9:40 AM, Vijoy Ambasta <vijoy.ambasta@gmail.com> wrote:

Dear Shri NS Venkatraman
In a democracy if everyone takes the law in their hands it would be chaos. We have trust in the SC much more than what we have for the politicians and the legislatures. Even though the functioning of the courts are like too many procedures and too many fees not conducive to speedy justice. The Nirbhaya case convicts are a case in point why is the convict not given the sentences they were awarded. The essence of justice is lost some where in these delays.
Someone somewhere has to trust the pillars of the constitution somewhere. Among those pillars the judiciary is the most trusted.. Once that happens MNS and Shivsena would not have defied the SC directive in Maharashtra to exceed the 20 ft level in the Dahi Handi pyramids..
The message is that let us respect the Judiciary in their decisions. No one (R) should come in between. Then only the people's trust in the system would be restored to its maximum. The legislatures have their shackles in adverse public opinion though the Judiciary has no shackle as they follow the constitution in its letter and spirit. It is our pliable system that allowed the SC diktat to be defied the way it was done in Maharashtra thus lowering the dignity of the Judiciary otherwise those who defied or incited would have been in jail.
So in my opinion let us leave the judiciary alone in their decisions. Their allegiance to the constitution by the Judiciary is maximum or the fullest..
If the law minister has said that the appointment of 150 HC judges is approved then why is the delay?
Vijoy Ambasta

On 13 August 2016 at 19:38, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:

To

India Against Corruption

CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS

In open court, Chief Justice of India has accused central government of bringing the entire judiciary to a "grinding halt" by sitting on the recommendations of the collegium for appointment and transfer of judges to high courts across the country. It is disturbing that he went to the extent of saying that the court would not shy away from a confrontation with the government, if driven to a corner. He made such remarks even when the Attorney General assured that the issue would be taken up at the highest level.

Even while the Chief Justice made such sharp remarks, the law minister has said that appointment of number of judges would be finalized very soon. Is Chief Justice not aware of this?

The collegium issue has been under discussions for quite sometime now and many have questioned the judges themselves appointing the judges , when several judges at various levels have been caught in corruption scandals with one former Chief Justice of India himself being one of the accused.

Government stand appears to be that there must be proper procedure and transparency in selection of judges. There is nothing wrong with this view.

Chief Justice rejects the government's view and insists that he should have the final say. This stand of the Chief Justice is the origin of the confrontation.

It would have been appropriate if Chief Justice has read the mood of the people, who are increasingly not sure about the caliber of some of the judges.

Reflecting such public mood , he should accept the need for a level of transparency in the appointment of judges. Threat of confrontation by Chief Justice is not in tune with the functioning of the judiciary.

N.S.Venkataraman

Nandini Voice for The Deprived

Post: "indiaresists@lists.riseup.net"
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S. L. Chowdhary

M: 98290-23249

Sunday, August 28, 2016

Re: [IAC#RG] Nepotism : न्यायाधीश बना खानदानी पेशा :Business of Justice in India.

sir its going on since 1947 and will continue until all party parliament panel start giving approval for appointment as judge by the President.

can some one tell - which other professional private practice/service period is accepted to grant govt pension other then for advocate profession ?.

SC Judges granting pension to ex-colleagues after ONE day in judge's chair and quits, but for others not even after 10 yrs govt service. and they say they are honest.

On Monday, 29 August 2016 7:45 AM, Babubhai Vaghela <vaghelabd@gmail.com> wrote:

Dear All,

न्यायाधीश बना खानदानी पेशा, भाई-भतीजावाद की भेंट चढ़ा इलाहाबाद हाईकोर्ट!

http://www.indiaspeaksdaily. com/judicial-corruption- nepotism-in-allahabad-high- court/

Business of Justice to Protect Culprit Big-Wigs and Hit Helpless Poor Indians.

India needs simpler judicial system. Not even 1 % get justice in present system - Prashant Bhushan.

https://www.youtube.com/watch? v=udJjDwGDREA

Regards,

Babubhai Vaghela,

Ahmedabad - 9427608632.

---------- Forwarded message ----------

From: AK Bhattacharyya <indiaresists@lists.riseup.net >

Date: Wed, Aug 24, 2016 at 9:54 AM

Subject: [IAC#RG] Court work load

To: Indiaresists <indiaresists@lists.riseup.net >

The courts are overloaded with outstanding long duration cases.IF CJI puts a survey team to review the details of such ones many of them are created by greedy professionals .and could be settled by discussion outside the court by reconciliation and discussion.and need not involve such heavy long duration costly ones with one common factor of taking a new date through adjournement and creating one more case..

CJI /Register Supreme court need to review the functioning of legal professionals who indulge/ contribute to delays and censure them from Bar Council.Some determined effort is called for to control such new rich professionals.

With kind regards A.K.BHATTACHARYYA F.I.StructE (UK), FIE (India), FIBE, FIRT H-2A, Hauzkhas, New Delhi -16, Ph:011-26854127

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[IAC#RG] Corruption / Incompetence of your GNCTD Secretaries

DELHI DIALOGUE COMMISSION (www.delhidialoguecommission.in)

an initiative of "India Against Corruption"

To:

Shri Arvind Kejriwal,
Chief Minister of NCT Delhi

BY EMAIL

Dear Chief Minister,

I am enclosing the latest realtime 10 um pollution data reports from DPCC's monitoring station at R.K.Puram between 20:30hrs and 01:00 hrs for 27.Aug.2016 and 28.Aug.2016, personally downloaded by me from DPCC'd website dpccairdata.com

As a person trained in engineering, you will surely be able to detect the abnormal spike in pollution to 273 versus standard of 100 between this time.

As a person trained in engineering, you will surely also know the reason for this spike being caused.

Because this massive pollution is directly caused by the rampant corruption of Transport Dept/GNCTD alongwith the corruption/incompetence of your Environment Dept, I hope that youi will listen to the voice of the citizens of Delhi (conveyed by IAC's Delhi Dialogue) and charge-sheet / dismiss / suspend your Commissioner (Transport), your Secretary (Environment) and the Secretary/DPCC.

PS: I mention in passing that the voters/citizens of Delhi are getting increasingly upset by the overall incompetence of the elected GNCTD in solving the problems we convey to your office. If your AAP's governance merely consists of marking our complaints downwards till they are end up in waste bins, we voters can also repay your MLA's and councillors in the same coin.

sincerely

Sarbajit Roy

National Convenor
for Delhi Dialogue Commission

(an initiative of "India Against Corruption")

B-59 Defence Colony,
New Delhi 110024

M: +91-8010205897

NB: This communication is sent to the Aam Aadmi Party Govt. of Delhi ('Aap ki Sarkar') in terms of the India Against Corruption decision dated 29.Aug.2011 which can be accessed here

[IAC#RG] Torturing own citizen for no reason is allowed by BSF. IMPUNITY

27 August 2016

The Chairman

National Human Rights Commission

Manav Adhikar Bhawan

Block-C, GPO Complex, INA

New Delhi-110023

Respected Sir,

Here I am referring one incident of murderous assault by the perpetrator Border Security Force (BSF) personnel upon a daily wage earner youth. In this case on the date of the incident i.e. on 29.05.2016 in the afternoon the victim was physically assaulted by the perpetrator BSF personnel. Victim submitted a written complaint in this regard before the Superintendent of Police, Coochbehar on 21.07.2016 but till date no action has been taken on the complaint. Our attached fact finding report gives details of the incident.

The perpetrator BSF personnel violated Articles 2, 5, 7 and 8 of the UN Code of Conduct for law Enforcement Officials. They also violated Articles 7 and 17 of ICCPR (International Covenant on Civil and Political rights), Article 21 of the Constitution of India. This torturous act by BSF legitimizes our long standing demand for immediate ratification of United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment.

Hence I seek your urgent action in this case with the following demands:-

· An impartial enquiry must be directed in this case

· The perpetrator BSF personnel must be immediately be booked under the law with specific legal provisions and prosecuted in regular court of law.

· The complaint made by the victim before the Superintendent of Police must be treated as an FIR.

· The victim must be provided with adequate financial compensation, protection and safety.

Sincerely Yours

(Kirity Roy)

Secretary- MASUM

National Convener- PACTI

Name of the victim: - Mr. Abdul Motalep Sarkar; son of late Belayet Hussain aged about 31 years, resides at Village- Shitarerkuchi, Block – Dinhata -2 , Police Station- Dinhata, Post Office – Chowdhuryhat, District – Cooch Behar.

Name of Secondary Victims:- 1. Ms. Sahida Bibi wife of Mr. Abdul Motalep Sarkar aged about 25years 2. Mr. Rehan Sarkar son of Mr. Abdul Motalep Sarkar aged about 4 years. 3. Ms. Jannatun Nesha; daughter of Mr. Abdul Motalep Sarkar, aged about 12 years 4. Ms. Ajufa Bewa mother of Mr. Abdul Motalep Sarkar aged about 50 years.

Name of the perpetrators: Mr. Dubey of BSF- DIB and 4 Border Security Force Constables of Alpha Company of Chowdhuryhat Border Out Post under 142 BSF Battalion

Date and time of incident: On 29.05.2016 at around 1.30 pm

Case Details

Mr. Abdul Motalep Sarkar, is a resident of village- Shitarerkuchi, Post office – Chowdhuryhat, Police Station – Dinhata, District – Cooch Behar. His family consists with Ms. Ajufa Bewa (Mother), Mrs. Sahida Bibi (Wife), Mr. Rehan Sarkar (Son), and Ms. Jannatun Nesa (Daughter). He owns a small piece of agrarian land where he cultivates and often visits Delhi as helping hand for mason. It was also reported that he has some connections with cross border smuggling as mere courier.

On 18^th may 2016 victim returned back from Delhi and was with his family. After some days he visited his aunt's house on 29.05.2016 at Jaygir Balabari No. II village; which is adjacent to Indo Bangladesh border fence and near to gate number 3 under Choudhuryhat Camp. He spent nearly 2-3 hours at her aunt's place and then started to return from there at around 1.30 pm. At that time one BSF personal; Mr. Dubey attached with DIB- BSF Battalion number 142 under Alpha Company of Chowdhuryhat Border Out Post captured him and bound his hands on his back with ropes. Then Mr. Dubey took the victim at mentioned border outpost. After hearing about the incident, victim's aunt and his cousin rushed to the camp. Reaching at the camp, the relatives found Motalep was severely tortured. Four Border Security Force Constables first undressed him and then blindfolded his eyes by a black cloth, tied both of his hands and grounded him on his face. After that all four BSF constables rigorously beat on his toe, palm, thigh and his back. He screamed on intolerable pain. To suppress his voice they had put a bundle of cloth on his mouth. After that they put him on a water tank and poured water from the top. After 30 minutes of this inhuman torture victim lost his sense.

At that time the relatives of Mr. Abdul Motalep Sarkar reached at the camp and requested the BSF personnel to stop their barbaric torture. They produce the return ticket of the victim from Delhi to the BSF personnel to prove his innocence. Then at around 6.30 pm Border Security Force personnel freed him after taking signature on blank paper of his relatives and member of local Panchayet.

The health condition of victim was not good at that time. So the relatives admitted him at Dinhata sub- divisional hospital at around 7.30 pm. He was admitted there for next two days. His MRI and CT scan was done over there. After two days he was discharged from hospital. On 21.07.2016 the victim lodged one written complaint before Superintendent of Police of Cooch Behar. Till now he is not able to do his regular jobs.

Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
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PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in