Justice should not only be done but that should also appear to have been done - An appeal to NHRC
18th July 2013
National Human Rights Commission
Sub.:- Your Letter dated 26.6.2013 in connection with NHRC Case no. 703/25/13/2012-PF
Our complaint dated 2.4.2012
Sub.:- Reply against the BSF report
On 1.7.2013 we received your letter dated 26.6.2013 in connection with NHRC Case no. 703/25/13/2012-PF along with the BSF report attached with the letter.
We submit our comments on the report herein below:-
It is stated in the report that over the incident of 25.3.2012 upon the victim Baidyanath Mondal a specific police case was started against the accused BSF personnel vide Raninagar Police Station Case no. 160/2012 dated 26.3.2012 under sections 341/323/506/349 of Indian Penal Code and the investigation of the case ended in charge sheet against the three BSF personnel. Therefore it is established that there are prima facie materials and evidence against the three accused BSF personnel who have been charge sheeted and such fact is well within the knowledge of BSF including its higher officials. Therefore the law demands that the three accused BSF personnel must surrender before the trial court and face the trial. But instead of doing so the BSF report questioned the authority of the concerned police in submitting charge sheet against the accused BSF personnel which is totally outside the locas-standi of the BSF authority. The BSF authority is trying to interfere into the judicial process with ultimate motive to screen the offenders leaving the accused BSF personnel to roam freely till date.
We are astonished to peruse the statements made in Paragraph 5 of the BSF report. It is stated therein that two persons namely Mr. Narayan Mondal being a member Raninagar Gram Panchayat and Mr. Abdul Kasim Mir, Up-Pradhan of Katlamari Gram Panchayat met with the victim after questioning by BSF personnel and one conclusion was drawn that no ill treatment or torture was done by BSF personnel against the victim. This is itself a proof that the BSF authority is trying to screen the accused BSF personnel and interfere with the judicial process by collecting compelled testimony of the aforesaid two persons who has no link with the incident of the alleged torture upon the victim by the accused BSF personnel and the allegations made in our complaint regarding threats upon the victim also became credible.
In our complaint we also alleged the incidents of threats upon the family members of four teenage boys killed by perpetrator BSF personnel. The BSF authority only stated in its report that the reply to our complaint dated 30.3.2012 was sent to the Commission. But there is no whisper in the report as to whether there was any enquiry into our complaint dated 2.4.2012 which is the subject matter of our present reply.
It is also relevant here to mention that it is stated in the BSF report that one reply from BSF authority was sent to the Commission vide letter no. BSF/SEC/OPS/HR-CELL/468/2010/2344 dated 8.3.2010 was sent to the Commission in the matter alleged killing of Mr. Subodh Mondal by the perpetrator BSF personnel, but till date we did not receive any communication from the Commission in this regard though the fact remains the Commission started one case vide NHRC case no. 46/25/13/2010-PF/DB-II against our complaint dated 24.11.2009. We request the Commission to send the copy of BSF reply so that we will be able to make our comments in this regard.
Here I want to recall my urgent letter dated 2nd April 2012 to your Commission seeking your necessary action in this matter to save the life of victim Subodh Mondal’s father, Mr. Baidyanath Mondal; when a huge force of BSF led by officers forced him to sign in a blank paper on same day at 12 noon. I received no response to that letter.
I am sure that Your Commission has came across several instances of how police / armed forces can manufacture the records to save their skin. So relying upon documents presented by the perpetrators / defendants using their uniform, giving no chance to the petitioner / victim, is a miscarriage of justice.
Hence we demand that the present BSF report must be set aside considering the comments made by us as above. Since there are sufficient materials on record that the victim Baidyanath Mondal was tortured and threatened by the perpetrator BSF personnel, we request the Commission to recommend appropriate action against the perpetrator BSF personnel. We also request the Commission to protect the victim and the available witnesses in the criminal case Raninagar Police Station Case no. 160/2012 dated 26.3.2012 which ended in charge sheet against the accused BSF persons so that the victim and the witnesses shall not come under any further threats and intimidation in the hands of the perpetrator BSF personnel and/or any person in connection with BSF.
Your kind action in this matter would be highly solicited.
Final order passed by NHRC--
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@...