Killing continues at Darjeeling hills (part II) Suraj Bhushal and Ashok Tamang killed by men in uniform- IMPUNITY rule of the day
Biplab Mukherjee<> / 14 July 2017 at 16:46To: , "" <>
Cc: Chief Minister West Bengal <>, Chief Secretary Gov of WB <>, "DG & IGP, West Bengal Police." <>, MHA JS Human Rights <>, UN SR on EJK <>, DM Darjeeling <>
To 14 July 2017
The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, G. P. O. Complex, INA
New Delhi-110023
Respected Sir
My present complaint is in continuance to draw the attention of your Commission on importunate killings at Darjeeling hills by men in uniform. I made a complaint on 11 July 2017 where I drew your attention on an incident of extra judicial killing of a youth on 7thJuly 2017; here I want to redraw your consideration on subsequent killings by provincial police and Central Reserve Police Force firing upon a procession on just next day; 8thJuly 2017. The hill of Darjeeling is under seize of Central Forces as well as the West Bengal provincial police for more than a month, further the government of West Bengal banned internet services for nearly a month; restricting the locales and civil rights protagonists of the area to disseminate the information about the actual situation to rest of the world.Local media have been ordered by district administration not to publish / air any local news.The protests by the agitating Gorkhaland separate state supporters are being curbed with illegitimate violence by the state authorities denouncing the democratic and human rights doctrine.
I want to inform you two separate killings by State’s armed men, while they resorted indiscriminate and unprovoked firing upon agitating populace on 8thJuly 2017.
Suraj Bhusal; son of Late Tek Bahadur Bhusal; aged about 40 years (date of birth- 10.03.1977) and a resident ofMunicipality Building , C building, Chowk Bazar ,Darjeeling- 734101, was a daily wage labour (coolie) by profession. He used to assist masons in construction works. He used to live with his in- laws at Bhiral Kandal Basti village; which is nearly half an hour drive from Chowk Bazar; Darjeeling, the place of occurrence. On the fateful day 08.07.2017; Suraj was present in the regular procession convened by the joint coordination committee and demanding separate Gorkhaland state and protesting the killing of Tashi Bhutia; which happened just previous night (we made compliant over the killing on 11thJuly 2017). At around 12.30 pm – 1.00 pm the procession reached at the Chowk Bazar; the heart of the Darjeeling. All of a sudden, the posted police and CRPF personnel fired upon the procession. Bullet hit Suraj’s neck and he fell on the ground. At around 1.30 pm, the co - protestors brought Suraj to Darjeeling District Hospital. It was learnt that the attending doctors declared him brought dead. Mr. Arun Dhanuke; a distant brother of the deceased was at the hospital with many others at that time. Post Mortem Examination was done over the body at around 3.30 pm- 4.00 pm. Then the body was handed over to the family. The cremation took place thereafter at the Bhiral Kandal Basti village. Suraj left his wife; Ms. Sapna RaisilyBhusal and two minor sons.
During the same procession, while the protestors reached at Judge Bazar Diwan Diary near Chowk Bajar; Darjeeling, the CRPF and Police personnel fired again and this time Ashok Tamang; son of Late Jit Bahadur Tamang of RN Sinha Road Lower Jubilee Complex under Darjeeling Sadar Police Station was hit by the bullet. Ashok Tamang was an employee of Darjeeling Municipality and 36 years old (date of birth- 19.05.1981). At around 3.00 pm, he had his lunch and went out of his residence to observe the procession. While he was watching the procession from pavement at the mentioned area, a bullet pierced through his upper back and exited from his abdomen in front. The bullet ridden Ashok was brought to the Darjeeling Hospital by other bystanders but as the medical facilities at the Darjeeling Hospital is in shambles now a day and the police personnel are harassing the injured and their attendants by implicating in false criminal cases, Ashok and his attendant somehow sneaked from the hospital and he was brought to the Sikkim Manipal Hospital at Tadong in Sikkim where he was succumbed to his injuries and died on 11thJuly at around 5.30 am. He left two minor daughters; Ms. Riya Tamang (aged 14 years) and Ms. Urgen Tamang (11 years) without any parental care as he was estranged from his wife.
Background of renewed stir for Gorkhaland and the unrest in Darjeeling:-
1)The current phase of violence started on June 8 when Gorkha Janamukti Morcha (GJM) leaders led a protest demonstration demanding Chief Minister of West Bengal Ms. Mamata Banerjee, who was chairing a cabinet meeting in Darjeeling that day, take back the decision making Bengali a compulsory subject in all schools, including those in the Darjeeling Hills. The Nepali-speaking majority was upset over the decision to “impose” Bengali on them.
2)To quell the violence that spread quickly after GJM supporters clashed with police in Darjeeling, the government called in the army.
3)The chief minister of West Bengal, Ms. Mamata Banerjee, later exempted Darjeeling schools but by then the agitation against the “imposition of Bengali” had revived the demand for a separate state. The hill parties, which held several meetings, unanimously resolved to step up the struggle for Gorkhaland.
4)On June 15, police raided the GJM office and the home of its leader, Bimal Gurung, after the outfit called for an indefinite shutdown that continues to this day.
5)Three protesters were killed and many wounded allegedly in police firing in Darjeeling on June 17. The chief minister denied that three young men were killed by police bullets.(MASUM made complaints to NHRC over these killings on 6thJuly 2017 and on 11thJuly 2017 over the killing of Tashi Bhutia )
6)To bring situation under control, the government blocked internet services on June 17. The ban continues till date.
7)A Gorkhaland movement coordination committee was formed on June 29 with representatives from 15 parties and organisation to lead the struggle for a separate state.
8)Violence flared up on July 8. Three persons were killed in alleged police action as protesters vandalised government buildings and set fire to a toy train station and damaging police vehicles, forcing the administration to call the army back barely a week after it had left.
9) Ms.Mamata Banerjee said she was ready for talks with the hill parties if they return to the path of peace. The offer was shot down, with Gorkha leaders saying they didn’t want a dialogue with the state government.
10)The chief minister has blamed the Bharatiya Janata Party (BJP) ruling party of India, an ally of the GJM, for stoking unrest, accusing the Central Government for “disintegrating federalism” by refusing to send paramilitary forces to curb the violence. She also sees a foreign hand. “The violence in Darjeeling is a planned one. There are foreign links to this violence,” Ms. Banerjee has said.
Our activists at Darjeeling have gathered the relevant documents and pictures but not in position to transfer those to our office because of banning of internet service and collapse of postal department.
Over these extreme human rights violations; I demand for:-
1.The National Human Rights Commission must send a high level investigating team to investigate the overall breakdown of human rights situation at Darjeeling hills
2.The series of killings, unprovoked firing and physical torture must be investigated by the investigating team of NHRC, including the killings of Suraj Bhushal and Ashok Tamang
3.Demand for Gorkhaland separate state is a political demand and having sanctity within the international conventions like Article 1 of International Covenant on Civil and Political Rights and International Covenant on Economic Social and Cultural Rights as well as our domestic constitutionality under Article 3 of Indian Constitution; thus the impasse should be solved through dialogue.
4.Violation of Article 19 of Indian Constitution must be treated seriously and internet service must be restored
5.Guidelines laid down by NHRC on Death Due to Police Actions should be followed in true spirit. Violators in uniform should be booked under specific criminal charges
6.Victims of extra judicially killings, torture, inhuman and degrading treatment be compensated, the families of Suraj Bhushal and Ashok Tamang must be financially compensated and their family provided with safety and security
7.Perpetrator police and CRPF personnel must be punished, investigation should be done by an independent agency, in no case by the West Bengal Police.
8.The matter should resolved through State Reorganisation Commission on the auspices of State Reorganisation Act; 1956
Sincerely Yours
Biplab Mukherjee
Secretary- MASUM
Body of Suraj Bhushal
Ms. Sapna RaisilyBhusal; widow of Suraj Bhusal