Another case of inhuman torture by border guards with slang. IMPUNITY

Kirity Roy<> / 25 January 2017 at 15:57
To: "Justice Shri H. L. Dattu" <>,
Cc: BdoJalangi Block <>, Chief Minister West Bengal <>, Chief Secretary Gov of WB <>, "DG & IGP, West Bengal Police." <>, "District Magistrate, Murshidabad" <>, IG South Bengal BSF <>, MHA JS Human Rights <>, Pro Bsf <>, SDO DOMKAL <>, "shqbehrampur.bsf" <>, SP Murshidabad <>, UN SR On Torture <>, Home Ministry <>, DG BSF <>

To25 January 2017

The Chairman

National Human Rights Commission

ManavAdhikarBhawan
Block-C, GPO Complex, INA
New Delhi – 110023

Respected Sir,

I draw your kind attention where some personnel of Border Security Force (B.S.F.) brutally assaulted and tortured Mr. FakirulSardar from district – Murshidabad, West Bengal.Although the victim sent a written complaint to the Superintendent of Police, Murshidabad through registered post but the police in the same boat of BSF did not take any action till date.Our attached fact finding report gives details of the case.

The ill treatment, torture and atrocities upon the innocent villagers of our bordering areas by the Border Security Force are regular incidents. Due to the de-facto impunity enjoyed by the law enforcing agencies they ignored and abused the rights of the citizens. The right to life of the victim has been grossly violated by the BSF as guaranteed under Art.21 of the Constitution of India.

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

  • Secure the life and liberties of the innocent villagers from being tortured in the hands of the law enforcing agencies such as Border Security Force and police
  • The perpetrator Border Security Force personnel for entreating torture upon the victim must be booked under the law and punished for their alleged assault upon the victim by initiating an independent inquiry into the matter.
  • The victim must be given adequate compensation, support and protection.

Thanking you

Yours truly

Kirity Roy

Secretary, MASUM

National Convener, PACTI

Particulars of the victim:- Mr. FakirulSardar, son of Mr. EbrakSardar, aged about-26 years, by faith-Muslim, by occupation-labour, residing at village-NatunLalkup(West), Block-Jalangi, Post Office-Sahebnagar, Police Station-Jalangi, District-Murshidabad, West Bengal, India.

Particulars of the perpetrators: - The two on-duty Border Security Force jawans at BSF Out-Post no.4 under Bamnabad Border Out-Post, Battalion 83, Police Station-Jalangi, District-Murshidabad.

Date and time of the incident: - On 17.12.2016 at about 8 am.

Place of the incident: - At BSF Out-Post no.4 under Bamnabad Border Out-Post, Police Station-Jalangi, District-Murshidabad.

Fact Finding Details:-

It is revealed during the fact finding and also from the statement of the victim that on 17.12.2016 at about 8 am, the victim deposited his voter identity card at BSF Out-Post no.4 and after recording his name in the register maintained at the BSF Out-Post he was going to farming lands to work as a daily labour. At that time two BSF personnel were on-duty at the said BSF Out-Post. Suddenly one of the BSF personnel called the victim back to the Out-Post and he started to abuse the victim in filthy languages. The said BSF personnel blamed on him that he would go to Bangladesh. The BSF personnel giving such false blame upon the victim started to assault him brutally by fists, blows and slaps. The BSF personnel tied his hands and legs with ropes and assaulted him with wooden sticks. They untied the victim’slungi(one type of cloth which Indian men wear from the waist) as well as torn apart his undergarment with a sickle and kept on assaulting him with wooden sticks on his hands, back, legs and feet. Being unable to bear such inhuman assault, the victim started weeping in pain, but the BSF personnel forcibly put sand and earth into his mouth to stop his weeping. Some co-villagers of the victim rescued him and brought him to Godhanpara Block Primary Health Centre for medical treatment. On the next day he received medical treatment from Sagarpara Primary Health Centre. He was also medically treated at Murshidabad Medical College and Hospital. The victim sustained fracture of the 2ndand 4thfingers of his left foot. The medical history reports of the victim showed that he sustained sweeling of both feet and multiple bruise injuries on his body.

The victim sent a written complaint to the Superintendent of Police, Murshidabad on 22.12.2016 through registered post stating the incident physical torture committed upon him by the perpetrator BSF. However the victim alleged that no action has been taken on his complaint till date.