INDIA: Paddy farmer murdered to conceal corruption amongst Border Security Force officials with cross border smugglers 

Dear friends,

The Asian Human Rights Commission (AHRC) has received the following information regarding the brutal death of farmer Mr. Bagbul Islam Mondal from its partner organisation Banglar Manabadhikar Suraksha Mancha (Masum).

On 12 May 2006, Mr. Bagbul and his brother Masidul were working on their farm cultivating paddy crops at dag. No 273 and 274 of Mouza-Paschim Char, Majhar Diar, Raninagar P.S. At about 11 pm the brothers spotted smugglers trafficking cows and buffalos through their fields towards the Indo-Bangladesh Border. Bagbul and Masidul were concerned for their crops and they tried to confront the smugglers and get them to stop. However, the resistance proved ineffective as the smugglers continued to force the cattle through the crops.

Bagbul and Masidul were travelling home. As they crossed BSF Road near a culvert, they were met by three armed Border Security Forces (BSF) personnel of the Kaharpara Camp of 136 Battalion stationed at the No.8 out post. The officers proceeded to interrogate the brothers and tried to forcibly take them into custody. In the course of the struggle Masidul succeeded to escape but Bagbul was captured. It was reported that the officers then began assaulting Bagbul repeatedly with Lathis (sticks). One of the armed BSF officers fired a shot which penetrated Bagbul’s left armpit. It is alleged that the bullet may have instantaneously killed Bagbul.

On May 13 Bagbul’s wife, Mrs. Nargis Bewa, and relatives tried to file a complaint of murder against the BSF personnel but the Officer in Charge (OC) of Raninagar Police Station, Mr. Samit Bhattacharya S.I, refused to record the complaint and insisted that he would only take the complaint after the post mortem had been conducted. On instructions, Mrs. Bewa returned to the said police station on May 14 after the post mortem and funeral, but was told that the OC was not present and an Assistant Sub Inspector who was present refused to take-down the complaint.

Mrs. Bewa then posted the complaint to Raninagar police station by registered post on May 15 and subsequently made a complaint before the Superintendent of Police, Murshidabad, on May 19. She urged for an immediate investigation and for legal action to be taken against the BSF officers and the police.

On May 26 Masum contacted Mr. Samit Bhattacharya enquiring about the case. The OC denied all knowledge of receiving any complaint from the victim’s family. Mr. Bhattacharya was also informed that upon the death of Bagbul the case was registered at Raninagar PS as an ‘Unnatural Death’ (UD Case No. 09/06). Masum was informed that a case was also initiated by a complaint made by the BSF personnel under Sections 147, 148, 149, 146, 186, 353 & 307 of the Indian Penal Code. An autopsy report was made on May 13 at the Lalbagh Sub Divisional Hospital, Murshidabad, under Post Mortem Report no. 101. Mr. Bhattacharya further informed Masum that the firearm had been discharged in an act of self defense. However, he then categorically stated that there were no significant injuries on any of the BSF personnel and that no BSF officers had complained of the possession of firearms by the victim at the time of firing. It is evident that the allegations clearly contradict witness testimonies and that there is nothing to indicate that the gravity of the situation at the time necessitated open fire.

BACKGROUND

One of the major issues plaguing the bilateral relationship between the India and Bangladesh is border security. India shares its largest border with Bangladesh, a border which is extremely porous. The border crosses rivers, villages, paddy fields and jute fields, making it easy to cross. For many years this border has been facing problems with illegal immigration, smuggling, arms trafficking, drug trafficking and the trafficking of women and children. To deal with some of these problems India has deployed border security forces to deal with infiltration from over the border. However, no consideration has been afforded to people near the border area, a “no man’s land”, who have predominantly been branded as immigrants from Bangladesh.

The Government of India erected boundary fencing and a boundary road to prevent ‘infiltration’. In many places of Nadia, Murshidabad, North 24 Parganas, South 24 Parganas, Dinajpur and other areas, this fencing and border road (BSF road) runs 5-10 kilometers inside the Indian territory from the actual border. In these areas many of the local people who have resided there for centuries cannot gain entry into their own land without the ‘permission’ of the BSF. In many areas, school buildings, temples, and mosques fall on the other side of the fencing. Only twice daily can people use this border road or enter or leave from the fencing gate: once in the morning for half an hour and once in the evening for half an hour.

Farmers are dependent upon the protection of the BSF to continue their likelihood and are also at their mercy as to whether they infringe upon their rights. Due to this situation, common legal remedies are meaningless and farmers are suppressed from voicing their concerns. The AHRC has been monitoring the situation near the Indo-Bangladesh Borders and this is by no means an isolated incident (see further UA-146-2006). The BSF personnel enjoy absolute impunity and it has become common practice for officers to profit from illegal trade and exploit situations by colluding with smugglers.

There are many contentious issues involved in this incident that must be addressed by the appropriate authorities:

1. It is clear that given the details, the complaint presented at the police station should have warranted the registration of a report in itself and that the establishment of the cause of death was not a condition for this to occur. The failure to acknowledge this fact has led to a delay in the investigation and must in itself be properly investigated.

2. The allegation contained in the report reflects a case under Section 302 of the IPC. The police should have registered a case under this section at the first instance and not register the case as an ‘Unnatural Death’, which is conceptually broad and weak.

3. The AHRC has reported previous brutal deaths with the involvement of BSF officers from Out Post No.1 (see further UA-146-2006) where the police have also refused to register the complaint. An investigation must be afforded to examine the corruption surrounding illegal trade and the role that the BSF and police play in such activities.

SUGGESTED ACTION:

Please send letters to the relevant authorities seeking for immediate and proper investigation into the incident.

 

 

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