Significant increase in 'killing civilians' by BSF men in WB border districts: NHRC told

Counterview Desk
Kirity Roy, secretary, Banglar Manabadhikar Suraksha Mancha (MASUM), and national convenor, Programme Against Custodial Torture & Impunity (PACTI), in a representation to the chairman, National Human Rights Commission has alleged that a poor marginalized youth Bikash Debnath, of Cooch Behar district, West Bengal, died after Border Security Force (BSF) personnel's "continuous tortured him for three hours".
He say, "Incidents of killing civilians by the BSF force have significantly increased in the bordering districts of the state of West Bengal in the past few years. This case also adding the list of murders in BSF’s custody where the higher official and police administration with a nexus tries to save the perpetrators.

Text:

This is to bring to your kind attention an incident of brutal killing of a poor marginalized youth namely Bikash Debnath from Uttar Chamta village under Sitai Block and Police Station in the district of Cooch Behar, by the perpetrator BSF personnel attached with Battalion number 75 of Koimari border outpost.
The victim was forcefully apprehended by the perpetrators BSF on duty, and continuous tortured him for three hours. Later his body was recovered from Indo Bangladesh border side. It is a clear case of murder in custody of BSF on duty.
Sitai Police took the body of the victim to the Sitai Block Hospital where the victim was declared as brought dead. Without doing inquest, the dead body of the victim was taken to Sitai Police Station and there the inquest was done by one police person of Sitai Police Station and one executive magistrate which was violated section 174 and 176 (1) (a) of the Criminal Procedure Code.
There were several injury marks in the body of the deceased observed by the family members and eye witnesses. Even they observed scratch marks in the land where the victim was beaten to death by the BSF personnel.
On December 12, 2021 in the evening the family members lodged one written complaint to the Sitai Police Station against BSF for the death of the victim. The then on duty police officer took the written complaint but did not provide any received copy to the victim’s family. No case was registered by the Police on that time.
On the next day from the GR section we received the information that one case was registered by the police vide Sitai Polife Station case number 198/21 dated December 12, 2021 under section 302. But in the FIR copy police did not mention the details of the accused just only mentioned ‘unknown persons’. No signature or thumb impression of the complainant was received in the FIR copy. In the complaint copy attach with FIR there is no specific allegation against the BSF authority.
We have an apprehension that police with the nexus of BSF made a fabricated complaint and took the signature of Biseswar Debnath, elder brother of the victim who is also an illiterate person.
This violates section 154 of the Code of Criminal Procedure and apex court guidelines in the case of Lalita Kumari vs State of Uttar Pradesh [WP (Crl) 68 of 2008] which clearly states that immediate registration of First Information Report is mandatory under section 154 of the Code of Criminal Procedure if the information discloses commission of a cognizable offence and provide the copy of the FIR to the complainant free of cost.
As the police personnel of Sitai Police Station did not take any action in this respect, on January 17, 2022, Khageswar Debnath, father of the deceased sent one written complaint to the Superintendent of Police, Cooch Behar.
Salient points in this case:

It is a case of death due to torture in custody of BSF under Battalion number 75 of Koimari Border Out Post.
Guidelines framed and circulated by NHRC in case of custodial death on March 27, 1997 was not followed by police personnel of Sitai Police Station and local civil administration.
Supreme Court of India in various cases, laid down norms to be followed in case of cognizable offence like custodial death; such as, immediate register of FIR, investigation by CID or police team of another police station led by a senior officer, etc. which was not followed here.
Why judicial Magistrate was not done the inquest of the victim as for custodial death any judicial magistrate should inquest the body?
Why the inquest was not done in the Sitai Block Hospital where the victim was declared dead?
Why the duty officer of the Sitai Police Station did not register the written complaint of the family members of the victim at first?
Why in the FIR copy police omitted the specific allegation of the BSF?
Till date place of incidents, witnesses, family members were not examined; scratch in the earth of the place of incidence, hair, fibbers were not collected.
The case of killing of human within Cooch Behar district is not only this one. Even under the Sitai Police Station jurisdiction area this is not a first killing done by BSF. In each case of killing, BSF and investigating police including civil administration nexus throttled the throat of criminal justice system.
This case manifests systematic impunity in our state of West Bengal.

It must be mentioned that incidents of killing civilians by the BSF have significantly increased in the bordering districts of the state of West Bengal in the past few years. This case also adding the list of murders in BSF’s custody where the higher official and police administration with a nexus tries to save the perpetrators.
The perpetrator BSF personnel not only violated the rights guaranteed in Article 21 of Indian Constitution but also the premise of Article 7 of International Covenant on Civil and Political Rights as well as the Goal number 8 and 16 of Sustainable Development Goal earmarked by United Nations and in both these international instruments; the government of India is a party and have agreement.
The incident and subsequent impunity legitimize 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 intervention in this present complaint with the following demands of justice to the family of the victim:

BSF should be posted in actual border and not inside the villages.The whole incident must be investigated by a neutral agency appointed by the Commission.
This unlawful death should be properly investigated in line with Minnesota Protocol.
The unnatural death case initiated by Sitai Police Station on December 12, 2021 must be investigated properly under the appropriate legal provision.
The administration must take appropriate steps to control cross border smuggling in bordering villages.
The guilty BSF personnel involved in killing in custody must be booked and prosecuted in open court of law; not under in camera proceedings where accused, prosecutor and judge are brothers.
Disciplinary action should be initiated against the then on duty police personnel of Sitai Police Station who without doing the inquest in the place where the victim was declared dead, taking the victim’s dead body to the Sitai Police Station.
We have an apprehension that police with the nexus of BSF made fabricated the original written complaint of the victim’s family. Therefore, immediate steps to be taken to record the statements of the victim’s family members by one judicial magistrate under section 164 of the Code of Criminal Procedure.
Police personnel involved in fabricating the victim’s complaint should be immediately charged with section 192 and 201 of the Indian Penal Code.
The family of the victim must be duly compensated and security and safety of the witnesses and family members must be ensured.

Comments

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Call to "enjoy" pilgrimage of Sabarmati beyond Ahmedabad, where river water turns black

Sabarmati at Vautha By A Representative Nagrik Sashaktikaran Manch (NSM), a Gujarat-based civil rights organization, has called upon the state's citizens to join in a "unique yatra" along the river Sabarmati, starting in Ahmedabad and ending off the Gulf of Khambhat, where the river is supposed to merge with the sea. Pointing out that in Hindu culture, rivers are equated with Mother Goddess, NSM convener Jatin Seth says, it will be a "special event of pilgrimage", because, just like Ganga, Sarbarmati possesses "special properties." "Starting at Giaspur, one can see how industries are releasing chemicals in Sabarmati, and you get a Thumbs-Up like colour of the water, and if you drink it, you are sure to be at least affected by cancer, and this way would enable you to book your ticket in the paradise. The river has a special smell, too, emanating from a black cocktail-type colour", says Seth in a statement. A village next to Sabarmati river In...

Budget for 2018-19: Ahmedabad authorities "regularly" under-spend allocation

By Mahender Jethmalani* The Ahmedabad Municipal Corporation’s (AMC's) General Body (Municipal Board) recently passed the AMC’s annual budget estimates of Rs 6,990 crore for 2018-19. AMC’s revenue expenditure for the next financial year is Rs 3,500 crore and development budget (capital budget) is Rs 3,490 crore.

Is India emulating west, 'using' anti-terror plank to justify state-supported violence?

Fahad Ahmad, Baljit Nagra* Prime Minister Justin Trudeau has accused India of being involved in the assassination of Hardeep Singh Nijjar, a Canadian Sikh leader, on Canadian soil. Narendra Modi’s right-wing Hindu nationalist Indian government is defiant and denies involvement. Indian officials have instead admonished Canada for being a “ safe haven ” for Sikh “terrorism,” a pejorative for Sikh self-determination .

As 2024 draws nearer, threatening signs appear of more destructive wars

By Bharat Dogra The four years from 2020 to 2023 have been very difficult and high risk years for humanity. In the first two years there was a pandemic and such severe disruption of social and economic life that countless people have not yet recovered from its many-sided adverse impacts. In the next two years there were outbreaks of two very high-risk wars which have worldwide implications including escalation into much wider conflicts. In addition there were highly threatening signs of increasing possibility of other very destructive wars. As the year 2023 appears to be headed for ending on a very grim note, there are apprehensions about what the next year 2024 may bring, and there are several kinds of fears. However to come back to the year 2020 first, the pandemic harmed and threatened a very large number of people. No less harmful was the fear epidemic, the epidemic of increasing mental stress and the cruel disruption of the life and livelihoods particularly among the weaker s...

Covid response? How, gripped by fear and groupthink, scientists 'failed' children

By Bhaskaran Raman* “Today’s children are tomorrow’s future”, “Nurture children’s dreams”, “A child’s smile is sunlight”. These are some cliches, rendered rather uninspiring through repetition and obviousness. However, for nearly 2½ years, society forgot these cliches, children suffered as science failed and groupthink prevailed. Worse, all of this has been swept under the rug.

Job opportunities decreasing, wages remain low: Delhi construction workers' plight

By Bharat Dogra* It was about 32 years back that a hut colony in posh Prashant Vihar area of Delhi was demolished. It was after a great struggle that the people evicted from here could get alternative plots that were not too far away from their earlier colony. Nirmana, an organization of construction workers, played an important role in helping the evicted people to get this alternative land. At that time it was a big relief to get this alternative land, even though the plots given to them were very small ones of 10X8 feet size. The people worked hard to construct new houses, often constructing two floors so that the family could be accommodated in the small plots. However a recent visit revealed that people are rather disheartened now by a number of adverse factors. They have not been given the proper allotment papers yet. There is still no sewer system here. They have to use public toilets constructed some distance away which can sometimes be quite messy. There is still no...

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat* As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Search This Blog