Friends,
here is an update of continuation of BSF atrocities on a widow with her
minor sons. The impumity enjoyed by the BSF has been percolated to the
lowest strata of the armed force with official sanctions from their
higher-ups. In this case, local police are in connivance with the
perperators.

In this scenario, one thing is clear that who are supposed to protect our
lives actually trying to mutilate physical and mental state of human beings.
By this they are propagating that the system of subjugation will continue.

*Please challenge this & act as you feel*
**
*Regards*
**
**

*4 February 2009*



To

The Chairman

National Human Rights Commission

Copernicus Marg,

Faridkot House

New Delhi-110001



Respected Sir,



We have received information that the Ms. Jharna Bala and her minor sons
from the district North 24 Parganas, West Bengal were subjected to murderous
torture day by day by the accused BSF personnel. There are series of
incidents when the victims have been subjected to harassment and physical
torture. The local police station also played an ineptitude role in the
matter without taking any action against the accused BSF. The complaints
lodged by the victims failed to protect them from the ongoing brutality of
the perpetrators and the life and liberty of the victim under continuous
threat and peril due to the impunity enjoyed by the perpetrators.  Our
attached fact finding report gives details of the case.



The right to life of the victim and the people living in the border area are
randomly violated by the BSF and the police instilling fear among the people
to fulfill their immoral gain which is evident in the recent incidents.



Hence we seek your urgent intervention in this matter in the following
manner:-



   - Guarantee, in all circumstances, the physical and psychological
   integrity of Ms. Jharna Bala and her minor sons.
   - Order an impartial and exhaustive inquiry into the repeated occurrence
   of assault upon Ms. Jharna Bala and her sons and bring those responsible
   before a open criminal court and apply penal, and/or administrative
   sanctions as provided by law;
   - Ensure that the investigation of the criminal case Gaighata Police
   Station Case no. 431/2008 dated 12.11.2008 which was started and pending
   against the accused BSF personnel should be neutralized from making any
   undue interference by the perpetrators and the investigation must be handed
   over to any neutral investigating agency as the police officers of Gaighata
   Police Station are inactive in taking any steps against the accused persons
   and/or apprehend them.
   - Ensure the protection of the witnesses for meeting out justice and
   punish the accused BSF personnel.
   - Ensure that adequate compensation be provided to the victim and her
   family;





Thanking You



Yours truly,









Kirity Roy



Secretary of MASUM


============ XXXX =============

**

*Name of the victim**:- (*1) Master Sujit Bala, aged about-16 years; (2)
Master Pradip Bala,; (3) Avishek Bala, aged about-15 years, all sons of late
Khagendranath Bala ; (4) Mr. Sanjit Bala, son of late Sunil Bala; (5) Ms.
Jharna Bala, wife of late Khagendranath Bala, all  by faith-Hindu and all
residing at village- Biswaspara, Post Office-Angrail, Police
Station-Gaighata, District-North 24 Parganas, West Bengal, India.**

* *

*Name of the perpetrators*: - (1) Assistant Commandant Mr. Bhagat Singh Rana
and other four BSF jawans of Battalion-126, G-Company of Angrail Border
Security Force Camp, Police Station-Gaighata, District-North 24 Parganas;
(2) Mr. Tushar Kar, Officer in Charge of Gaighata Police Station; (3) Mr.
Ashok Sindhia, Constable, BSF, Battalion-126, G-Company of Angrail Border
Security Force Camp, Police Station-Gaighata; (4) Mr. Mohan Roy, Constable,
BSF 126 battalion (G Company) (5) Mr. Bharat Majhi, residing at Jhoudanga,
Police Station-Gaighata, District-North 24 Parganas.



*Place of Incident*:- in front of the house of the victim Ms. Jharna Bala at
Angrail Biswaspara,  Police Station-Gaighata, District-North 24 Parganas,
West Bengal, India.**

* *

*Date of Incident*:- On 15.1.2009 and also on 1.2.2009.



*Case Details*:- Master Sujit Bala was brutally assaulted by Border Security
Force (BSF) officers on October 19, 2008 in front of his house at village-
Biswaspara. Master Sujit Bala was 16 years old when the incident occurred.



On 19 October 2008 at about 5:45 p.m., five BFS officers, including
identified Assistant Commandant Bhagat Singh Rana from Angrail BSF Camp,
came to Master Sujit Bala's house, forcibly took him out and started beating
him. The victim was severely kicked and punched, including with rifle butts,
all over his body. The beatings only stopped when the boy felt unconscious.
At that time, the BSF officers left him bleeding, in front of his house.
Then, some villagers, including victim's brother, took Master Sujit Bala to
Jiban Deep Nursing Home from where he was referred to Sub-Divisional
Hospital of Bongaon. He remained hospitalized until 23 October, 2008.



The police of Gaighata Police Station simply recorded the complaint of Ms.
Jharna Bala, mother of Sujit Bala in the General Diary of the police station
General Diary Entry no. 943/2008 dated 19.10.2008. On October 20, 2008 she
lodged written complaints before the highest representatives of the police
administration in the district (i.e. Superintendent of police,
Sub-Divisional Officer and Sub-Divisional Police Officer). Upon complaint of
the victim we (MASUM) on behalf of the victim lodged complaint dated
27.12.2008 before National Human Rights Commission, the Inspector General of
Border Security Force, Hon'ble Governor, West Bengal, Principal Secretary
(Home), Government of West Bengal. The international human rights
organization namely OMCT also issued urgent appeal recommending appropriate
action in this matter.



Since Ms. Jharna Bala lodged complaints, she and her sons have been
frequently threatened by the perpetrators. For example, on 25 October 2008
around 9 a.m., several BSF officers came into her house and tried to
forcibly take her elder son away. Thanks to strong resistance by the local
residents, they failed. When the officers left the place, they threatened
the Bala family, including with death, because of the complaints they had
lodged.



No action was taken by the administration against the BSF personnel until
Ms. Jharna Bala received a letter dated 30 December 2008 where the
Sub-Divisional Officer informed her by way of a written communication (Memo
no. G/ 1938/ H.C.(G) S.D.O. Bongaon) dated 30.12.2008 that the
Officer-in-Charge of Gaighata Police Station had started a case being
Gaighata Police Station Case no. 431/2008 dated 12.11.2008 under sections
341, 325, 34 and 506 of the Indian Penal Code and investigation is
proceeding. The police voluntarily lowered the level of gravity of the acts
and consequently charged the BSF officers with bailable offences and the
police still did not apprehend the perpetrators.



Having the above mentioned background of the situation, the BSF officers
again involved with assaulting two youths namely Master Avishek Bala, (aged
about-15 years) being brother of Master Sujit Bala and Mr. Sanjit Bala,(aged
about-18 years) son of late Sunil Bala on 15.1.2009 at about 1.30 pm in
front of the house of Ms. Jharna Bala. It was reported that those two youths
were asked by the involved BSF officers to hand over the pigeons they had at
the time of incident. The victims refused to do so because those pigeons
were their pets. The BSF personnel did not relent and started beating them
black and blue with bamboo sticks. Then the victims were dragged at the BSF
camp and confined them for about two hours inside the camp. Ms. Jharna Bala
getting information of the incident soon contacted with our district human
rights monitor Mr. S. Mukhtar Ahmed who reported the incident to MASUM.  From
MASUM office Mr. Kirity Roy then contacted over telephone with Mr. Vikash
Chandra, Additional District Inspector General (G), South Bengal Frontier,
B.S.F., who assured to look after the matter and few hours later we came to
know from Mr. S. Mukthar Ahmed that those two youths have been released from
the BSF camp. But the victims alleged that at the time of release the BSF
personnel forced them to sign on some blank papers.  The victims were
treated at Sub-Divisional Hospital, Bongaon. The x-ray examination report of
Master Avishek Bala revealed fracture phalange of left index finger. The
physical condition of Master Sanjit Bala further deteriorated and he had to
hospitalize on 21.1.2009 at J.R. Dhar (Sub-Divisional) Hospital, Bongaon
where he remained under treatment till 25.1.2009.



When the incident of physical assault upon Master Avishek Bala and Master
Sanjit Bala is still afresh, Ms. Jharna Bala was subjected to physical
assault by the perpetrators. The latest incident happened on 1.2.2009 at
about 9 am in the morning when Master Pradip Bala went out on morning call
at the backyard of their house. At that time he saw that one man namely Mr.
Bharat Majhi was standing there holding one cow in his hand and he was
talking over telephone. Mr. Bharat Majhi conducts ferrying for the BSF in
that area. Seeing Master Pradip Bala at the spot Mr. Bharat Majhi asked him
to leave the place immediately but Master Pradip Bala refused to do so. Then
Mr. Bharat Majhi abused Master Pradip Bala in filthily languages and hit him
with a wooden stick. Master Pradip Bala protested and the local villagers
intervened and rescued the victim. Mr. Bharat Majhi left the place
threatening the victim with dire consequences. Then Pradip Bala took shelter
in a nearby house upon suggestion of the local villagers to save his life.
Soon Mr. Bharat Majhi reached at the house of the victim along with BSF
jawans and they started beating Ms. Jharna Bala mercilessly for not finding
Master Pradip Bala in the house. One of the BSF jawans namely Mr. Ashok
Sindhe, Constable of BSF as identified Ms. Jharna Bala, pounced upon her and
beat her brutally on her nose and face. The perpetrators left the place
threatening to kill her sons if the complaints lodged against the BSF have
not withdrawn by Ms. Jharna Bala immediately.  Ms. Jharna Bala was admitted
in Sub-Divisional Hospital, Bongaon and she was discharged from the said
hospital on 3.1.2009.  It was also reported that the police of Gaighata
Police Station refused take any complaint in this matter and Ms. Jharna Bala
being helpless lodged one written complaint before the Sub-Divisional Police
Officer, Bongaon, North 24 Parganas.


-- 
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
26 Guitendal Lane
Howrah 711101
West Bengal INDIA
Mobile: 09903099699
Tele Fax : +91-33-2640 4118
Phone: +91-33-2640 4520
e. mail : kirity...@gmail.com
Web: www.masum.org.in





-- 
W A Laskar
Freelance Reporter and Human Rights Activist
with Barak Human Rights Protection Committee,
http://bhrpc.net.googlepages.com
15, Panjabari Road, Darandha, Six Mile, Guwahati-781037, Assam, India
Cell: +919401134314

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