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

The soundtrack of resistance: How 'Sada Sada Ya Nabi' is fueling the Iran war

By Syed Ali Mujtaba* The Persian track “ Sada Sada Ya Nabi ye ” by Hossein Sotoodeh has taken the world by storm. This viral media has cut across linguistic barriers to achieve cult status, reaching over 10 million views. The electrifying music and passionate rendition by the Iranian singer have resonated across the globe, particularly as the high-intensity military conflict involving Iran entered its second month in March 2026.

Kolkata dialogue flags policy and finance deficit in wetland sustainability

By A Representative Wetlands were the focus of India–Germany climate talks in Kolkata, where experts from government, business, and civil society stressed both their ecological importance and the urgent need for stronger conservation frameworks.

Beyond Lata: How Asha Bhosle redefined the female voice with her underrated versatility

By Vidya Bhushan Rawat* The news of iconic Asha Bhosle’s ‘untimely’ demise has shocked music lovers across the country. Asha Tai was 92 years young. Normally, people celebrate a passing at this age, but Asha Bhosle—much like another legend, Dev Anand—never made us feel she was growing old. She was perhaps the most versatile artist in Bombay cinema. Hailing from a family devoted to music, Asha’s journey to success and fame was not easy. Her elder sister, Lata Mangeshkar, had already become the voice of women in cinema, and most contemporaries like Shamshad Begum, Suraiya, and Noor Jehan had slowly faded into oblivion. Frankly, there was no second or third to Lata Mangeshkar; she became the first—and perhaps the only—choice for music directors and all those who mattered in filmmaking. Asha started her musical journey at age 10 with a Marathi film, but her first break in Hindustani cinema came with the film "Chunariya" (1948). Though she was not the first choice of ...

Maoist activity in India: Weakening structures, 'shifts' in leadership, strategy and ideology

By Harsh Thakor* Recent statements by government representatives have suggested that Maoism in India has been effectively eliminated, citing the weakening of central leadership and intensified security operations. These claims follow sustained counterinsurgency efforts across key regions, including central and eastern India. However, available information from security agencies and independent observers indicates that while the organizational structure of the CPI (Maoist) has been significantly disrupted, elements of the movement remain active. Reports acknowledge the continued presence of cadres in certain forested regions such as Bastar and parts of Dandakaranya, alongside smaller, decentralized units adapting their operational strategies.

'Fraudulent': Ex-civil servants urge President to halt Odisha tribal land dispossession

By A Representative A collective of 81 retired civil servants from the Constitutional Conduct Group has written to the President of India expressing alarm over what they describe as the wrongful dispossession of tribal lands in Odisha’s Rayagada district. The letter, dated April 19, 2026, highlights violent clashes in Kantamal village where police personnel reportedly injured over 70 tribal residents attempting to protect their community rights.

From Manesar to Noida: Workers take to streets for bread, media looks away

By Sunil Kumar* Across several states in India, a workers’ movement is gathering momentum. This is not a movement born of luxury or ambition, nor a demand for power-sharing within the state. At its core lies a stark and basic plea: the right to survive with dignity—adequate food, and wages sufficient to afford it.

Dhandhuka violence: Gujarat minority group seeks judicial action, cites targeted arson

By A Representative The Minority Coordination Committee (MCC) Gujarat has written to the Director General of Police seeking judicial action in connection with recent violence in Dhandhuka town of Ahmedabad district, alleging targeted attacks on properties belonging to members of the Muslim community following a fatal altercation between two bike riders on April 18.

Midnight weeping: The sociology of tragic vision in Badri Narayan’s poetry

By Ravi Ranjan* Badri Narayan, a distinguished Hindi poet and social scientist, occupies a unique position in contemporary Indian intellectual life by bridging the worlds of creative literature and critical social inquiry. His poetic journey began significantly with the 1993 collection 'Saca Sune Hue Kaï Dina Hue' (Truth Heard Many Days Ago). As a social historian and cultural anthropologist, Narayan pioneered a methodological shift away from elite archives toward the oral traditions and folk myths of marginalized communities. He eventually legitimized "folk-ethnography" as a rigorous academic discipline during his tenure as Director of the G.B. Pant Social Science Institute.

Why link women’s reservation to delimitation? The unspoken political calculus

By Vikas Meshram* April 16, 2026, is likely to be recorded as a special day in the history of Indian democracy. In a three-day special session of Parliament, the central government is set to introduce a comprehensive package of three historic bills: the Constitution (131st Amendment) Bill, 2026; the Delimitation Bill, 2026; and the Union Territories Laws (Amendment) Bill, 2026. The stated purpose of all three is the same: to implement the Nari Shakti Vandan Adhiniyam (106th Constitutional Amendment) passed in 2023. However, the political intent concealed behind these measures — and their impact on the federal balance — is far more profound. It is absolutely essential to understand this.

Counterview

Search This Blog