Brutal torture in custody clubbed with inaction: Colonial system of impunity

Kirity Roy, Secretary, Banglar Manabadhikar Suraksha Mancha (MASUM) writes to the Chairman, National Human Rights Commission:

***

I want to draw your attention towards a case of criminal trespass, illegal apprehension, brutal and unethical custodial torture upon the innocent Muslim youth of Purba Sahebganj village under the Dinhata-II Block and Sahebganj Police Station in the district of Cooch Behar, West Bengal. Mr. Johirul Islam, a 30 years young man isthe victim of this incident. He was illegally apprehended from his house by BSF and brutally tortured in BSF custody and even attempted to kill by the Border Security Force personnel including the Company Commander Mr. Bijay Kumar attached with Purba Sahebganj Border Out Post, Battalion number 129. Torture upon the victim was so ghastly that till now he cannot walk properly due to severe pain in lower back portion of his body.
Mr. Ahammad Ali, father of the victim lodged one written complaint to the Sahebganj Police Station but the concerned police did not register any case after knowing that a cognizable offence was made against the victim. This is a violation of Section 154 of the Code of Criminal Procedure and Apex Court guidelines in the case of LalitaKumari vs. State of Uttar Pradesh [WP (Crl.) 68 of 2008] where Supreme Court clearly laid down 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. He also sent his complaint to the Superintendent of Police, Cooch Behar but till time no action has been taken by the concerned district police administration.
This incident violates Article 14 and 21 of the Constitution of India. The perpetrators are punishable under the following:
a. Section 441 of Indian Penal Code (IPC) – Criminal Trespass
b. Section 323 IPC – Voluntarily causing hurt
c. Section 325 of IPC – Voluntarily causing grievous hurt.
d. Section 326 of IPC – Voluntarily causing grievous hurt by dangerous weapons
e. Section 307 IPC – Attempt to murder
During the time of apprehension of Johirul from his house by BSF personnel, no memorandum was issued by the BSF which is unethical.
The incident violates Article 3 (Right to life, liberty and security); Article 5 (Freedom from torture, cruel inhuman or degrading treatment or punishment); Article 7 (Equality before law and equal protection of laws) and Article 8 (Right to effective remedy) of the Universal Declaration of Human Rights (UDHR) and Article 6 (Right to life) and Article 7 (Right not to be tortured) of the International Covenant on Civil and Political Rights (ICCPR) and in both two international instruments India is party to and signed the documents.
During the time of release from the Dinhata Sub Divisional Hospital, the on duty doctor advised him to receive treatment outside of the hospital. This is an unethical job and violation of the guidelines of Indian Medical Association (IMA).
The family of Mr. Johirul Islam is very poor. He is the only earning member of the family and completely dependent on his work. As a result of BSF torture, now he is unable to walk. Now from what source he will earn from his family members. While the Government of India has been considering implementing the United Nations Sustainable Development Goals within 2030 and where the eighth goal is to promote sustained inclusive and sustainable economic growth, full and productive employment and decent work for all, but the agent of the government (here BSF) by illegal apprehension and custodial brutal torture upon the victim, snatched his right to decent work. The incident also violated Article 6 (Right to work) and Article 9 (Right to social security) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The impunity and the omission in duty by the concerned department after lodging the complaint by the victim before the Officer in Charge, Sahebganj Police Station and Superintendent of Police, Cooch Behar district also violates Goal number 16 of the UN SDG for providing access to justice for all.
The incident and subsequent impunity legitimize our long standing demand for immediate ratification of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment (UNCAT).
The incident reflects the entrenched impunity in the criminal justice system and systemic attack on religious minorities, especially Muslims by public officials. Therefore I seek your urgent intervention in the case by fulfilling the following demands:
· An independent and non-partisan investigation of the incident by the Investigating wing of the Commission.
· BSF should be posted in the actual borders not inside the villages.
· Proceedings should be initiated against the perpetrators of the BSF and the police and strict punishment should be given if found guilty.
· Adequate compensation for the victims from the pocket of the perpetrator BSF personnel.
· Directions to the Sahebganj Police Station to register one case based on the written complaint of the victim and issue the FIR copy to the informant and start impartial investigation in respect.
· Security and safety of the victims and their family members must be ensured.

Comments

From plagiarism to proxy exams: Galgotias and systemic failure in education

By Sandeep Pandey* Shock is being expressed at Galgotias University being found presenting a Chinese-made robotic dog and a South Korean-made soccer-playing drone as its own creations at the recently held India AI Impact Summit 2026, a global event in New Delhi. Earlier, a UGC-listed journal had published a paper from the university titled “Corona Virus Killed by Sound Vibrations Produced by Thali or Ghanti: A Potential Hypothesis,” which became the subject of widespread ridicule. Following the robotic dog controversy coming to light, the university has withdrawn the paper. These incidents are symptoms of deeper problems afflicting the Indian education system in general. Galgotias merely bit off more than it could chew.

Covishield controversy: How India ignored a warning voice during the pandemic

Dr Amitav Banerjee, MD * It is a matter of pride for us that a person of Indian origin, presently Director of National Institute of Health, USA, is poised to take over one of the most powerful roles in public health. Professor Jay Bhattacharya, an Indian origin physician and a health economist, from Stanford University, USA, will be assuming the appointment of acting head of the Centre for Disease Control and Prevention (CDC), USA. Bhattacharya would be leading two apex institutions in the field of public health which not only shape American health policies but act as bellwether globally.

The 'glass cliff' at Galgotias: How a university’s AI crisis became a gendered blame game

By Mohd. Ziyaullah Khan* “She was not aware of the technical origins of the product and in her enthusiasm of being on camera, gave factually incorrect information.” These were the words used in the official press release by Galgotias University following the controversy at the AI Impact Summit in Delhi. The statement came across as defensive, petty, and deeply insensitive.

Growth without justice: The politics of wealth and the economics of hunger

By Vikas Meshram* In modern history, few periods have displayed such a grotesque and contradictory picture of wealth as the present. On one side, a handful of individuals accumulate in a single year more wealth than the annual income of entire nations. On the other, nearly every fourth person in the world goes to bed hungry or half-fed.

Thali, COVID and academic credibility: All about the 2020 'pseudoscientific' Galgotias paper

By Jag Jivan The first page image of the paper "Corona Virus Killed by Sound Vibrations Produced by Thali or Ghanti: A Potential Hypothesis" published in the Journal of Molecular Pharmaceuticals and Regulatory Affairs , Vol. 2, Issue 2 (2020), has gone viral on social media in the wake of the controversy surrounding a Chinese robot presented by the Galgotias University as its original product at the just-concluded AI summit in Delhi . The resurfacing of the 2020 publication, authored by Dharmendra Kumar , Galgotias University, has reignited debate over academic standards and scientific credibility.

Conversion laws and national identity: A Jesuit response response to the Hindutva narrative

By Rajiv Shah A recent book, " Luminous Footprints: The Christian Impact on India ", authored by two Jesuit scholars, Dr. Lancy Lobo and Dr. Denzil Fernandes , seeks to counter the current dominant narrative on Indian Christians , which equates evangelisation with conversion, and education, health and the social services provided by Christians as meant to lure -- even force -- vulnerable sections into Christianity.

'Serious violation of international law': US pressure on Mexico to stop oil shipments to Cuba

By Vijay Prashad In January 2026, US President Donald Trump declared Cuba to be an “unusual and extraordinary threat” to US security—a designation that allows the United States government to use sweeping economic restrictions traditionally reserved for national security adversaries. The US blockade against Cuba began in the 1960s, right after the Cuban Revolution of 1959 but has tightened over the years. Without any mandate from the United Nations Security Council—which permits sanctions under strict conditions—the United States has operated an illegal, unilateral blockade that tries to force countries from around the world to stop doing basic commerce with Cuba. The new restrictions focus on oil. The United States government has threatened tariffs and sanctions on any country that sells or transports oil to Cuba.

Development at what cost? The budget's blind spot for the environment

By Raj Kumar Sinha* The historical ills in the relationship between capital and the environment have now manifested in areas commonly referred to as the "environmental crisis." This includes global warming, the destruction of the ozone layer, the devastation of tropical forests, mass mortality of fish, species extinction, loss of biodiversity, poison seeping into the atmosphere and food, desertification, shrinking water supplies, lack of clean water, and radioactive pollution.

When a lake becomes real estate: The mismanagement of Hyderabad’s waterbodies

By Dr Mansee Bal Bhargava* Misunderstood, misinterpreted and misguided governance and management of urban lakes in India —illustrated here through Hyderabad —demands urgent attention from Urban Local Bodies (ULBs), the political establishment, the judiciary, the builder–developer lobby, and most importantly, the citizens of Hyderabad. Fundamental misconceptions about urban lakes have shaped policies and practices that systematically misuse, abuse and ultimately erase them—often in the name of urban development.

Search This Blog