INDIA: BSF officers engaged in murder spree in Murshidabad district, West Bengal 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-249-2006
ISSUES: Military, Police violence,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner in India, MASUM about yet another brutal killing by the Border Security Forces (BSF) at the Indo-Bangladesh border. According to the information received Mr. Saifuddin, a farmer was forcefully taken into custody by the BSF officers on 1 June 2006, beaten brutally and later shot at close range with a light machine gun for protesting against the officers engaging and aiding cross-border smuggling. It is also alleged that the BSF later filed a false case against Saifuddin at the Raninagar police station, where Saifuddin was charged with several offences including preventing the BSF officers from discharging their duty.

On 1 June 2006 at about 8 p.m., Saifuddin was going to his paddy fields. On his way he witnessed officers from the BSF helping cross-border smugglers. Saifuddin raised his voice against the officers and the smugglers protesting against the officers and them helping the criminals. Hearing Saifuddin’s protest Mr. Sukhen Kumar Mondal a BSF officer took Saifuddin into custody and started beating him with sticks. It is alleged that there were also other officers of the BSF who joined Mondal in the assault against Saifuddin. The officers pinned Saifuddin to the ground and continued assaulting him. When Saifuddin was unable to move, Mondal shot Saifuddin with a light machine gun killing Saifuddin immediately. It is alleged that the officers were from BSF out-post number three and four of Kaharpara BSF camp, serving with 136-BSF battalion, stationed at the Indo-Bangladesh border in Murshidabad district, West Bengal.

The officers later took Saifuddin’s body to the nearest BSF camp. From the camp they collected four cows, one pair of sandals and a towel and produced them along with the body of Saifuddin at  Raninagar police station. It is alleged that the cows, sandals and the towel were seized from some cross-border smugglers earlier. The officers also lodged a complaint against Saifuddin at the police station alleging offences under Sections 147, 148, 149, 353 and 307 of the Indian Penal Code, which the Raninagar police registered as case number 112/2006.

The AHRC is informed that BSF officers often aid cross-border smugglers activities at the Indo-Bangladesh border and share profits from the illegal trade with them. The most common commodities smuggled from India to Bangladesh are cattle, medicines and food grains. The BSF is posted at the border to prevent this illegal trade. However, the officers connive with the smugglers and help them transit their commodities in the cover of darkness. The BSF also keep a few cattle and other articles commonly smuggled across the border in their camp to produce them once in a while as seized articles from the smugglers for their record. The local farmers like Saifuddin suffer huge damage from this trade since the movement of cattle destroys their crop.

Coming to know about Saifuddin’s death, his wife Mrs. Mursida Bewa filed a written complaint at the Raninagar police station against the BSF officers. It is alleged that even though the complaint was filed on 3 June 2006, the police are yet to take any action on the complaint. Before releasing Saifuddin’s body to his family, an autopsy examination was conducted at Lalbagh Sub-Divisional hospital on June 2. [Postmortem report number 124 of Lalbagh Sub-Divisional hospital dated 2 June 2006]

Other relevant facts:

The AHRC in the recent past has been calling upon the authorities in India, particularly the Commanding officers of the BSF and the West Bengal State Government authorities to intervene in cases of killings reported from the Indo-Bangladesh border. The AHRC has reported many cases in the recent past where similar incidents of murder were reported from West Bengal. For further information please see UA-244-2006UA-225-2006,  UA-184-2006, UA-174-2006UA-146-2006UA-217-2005UA-79-2005FA-04-2005 and UA-18-2005. In at least four cases the incident happened within the jurisdiction of Raninagar police station.

MASUM, after their investigation into these cases and also after interviewing local persons, is of the opinion that the police officers posted at Raninagar police station are at fault for not taking any action in any of the cases reported at this police station. The local persons allege that the police officers stationed at Raninagar police station also connive with the criminals engaged in cross-border smuggling and the BSF officers who protect them.

In all of the above cases a consistent pattern of the chain of events could be noted. In each of these cases, the deceased, often a farmer is taken into custody, beaten up and then shot at point blank range by the BSF. The body is later produced at the same police station – the Raninagar police station – and a case registered against the deceased. In most cases the charges are under a few select sections of the Indian Penal Code. The police never initiate any action in these cases.

The AHRC has also observed that in many cases the victims fail to report the case with the police fearing repercussions from the BSF. It is also evident that since the local police are not initiating any action upon the complaints filed by the relatives of the victims, in cases where they dared to lodge complaints, the victims’ families failed to report cases.

Suggested action:

Please write to Mr. Srikumar Mukherjee, The Minister of State, Government of West Bengal and other concerned authorities seeking their intervention. The perpetrators should be punished for their arbitrary actions and the government should take immediate cognisance of the cross-border smuggling and the continuous infiltration of the Indo-Bangladesh border. Despite having brought this to the notice of the authorities many times in the recent past, little seems to have been done in this regard. We hope that this case will once again highlight the urgency of this matter so that many lives can be saved in the future.

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SAMPLE LETTER

Dear _____________,

INDIA: BSF officers engaged in murder spree in Murshidabad district, West Bengal

Name of victim: Mr. Saifuddin Sk., aged about 32 years, formerly residing at Sarandajpur village, Katalamari post, within the jurisdiction of Raninagar police station, Murshidabad district, West Bengal.
Name of the alleged perpetrators: Mr. Sukhen Kumar Mondal and four other Border Security Force officers from Border Security Force out-post number 3 and 4 of Kaharpara camp, serving with 136- battalion, stationed at the Indo-Bangladesh border in Murshidabad district, West Bengal
Date of incident: 1 June 2006

I am appalled to learn of yet further extra-judicial killings allegedly orchestrated by officers of the Border Security Forces (BSF) in India. I am well aware of the many other recent cases involving such killings and am angered by the entirely inadequate response of the relevant authorities to try and stem this wave of violence.

The latest incident took place on 1 June 2006 at 8pm when the victim, Saifuddin was going to his paddy fields. It is alleged that Saifuddin protested against the BSF helping cross-border smugglers engage in the illegal trade of cattle and other articles across the Indo-Bangladesh border. Saifuddin was raising his voice against the officers for the cattle destroying his crops. Hearing Saifuddin Mr. Sukhen Kumar Mondal, an officer with the BSF took Saifuddin into custody, beat him and later shot him at close range with a light machine gun. It is alleged that four other officers from the BSF also helped Sukhen in the act.

Thereafter the involved officers carried the dead body to Raninagar police station and produced it along with some cattle and other articles and lodged a false complaint against Saifuddin at the police station. I am also informed that the local police which registered a case against Saifuddin on the compliant filed by the BSF officers have refused to register a case of murder against the BSF officers, in spite of the fact that Saifuddin’s wife filed a complaint at the police station regarding the incident and against the BSF officers. The Raninagar police have only registered a case of unnatural death for Saifuddin’s murder. I am also informed that Saifuddin’s body was examined at Lalbagh Sub-Divisional Hospital where a post-mortem examination was conducted upon Saifuddin’s body and the body later released to the family for cremation.

To bring justice to this case and to help ensure the prevention of this type of crime, the authorities in India, particularly the Minister of State of the Government of West Bengal must intervene at once. The BSF officers concerned must be immediately suspended from their duty and an inquiry needs to be conducted into this incident by a neutral agency. If the allegations are proven correct, the guilty BSF officers should be tried in accordance with the law. Adequate compensation should be provided to the families of the victims.

I ask that action be taken into this matter before any further killings occur.

Yours sincerely,
_______________________________

PLEASE SEND YOUR LETTERS TO:

1. Mr. Srikumar Mukherjee
Minister of State
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4052
Email: moshome@wb.gov.in

2. Mr. Buddhadeb Bhattacharjee
Chief Minister and Minister in Charge of Home (Police) Department
Government of West Bengal
Writers’ Buildings
Kolkata – 700001
West Bengal
INDIA
Tel: +91 33 2214 5555 (O) / 2280 0631 (R)
Fax: +91 33 2214 5480
Email: cm@wb.gov.in

3. Mr. P.R. Ray
Home Secretary
Government of West Bengal
Writers’ Buildings
Kolkata – 700001
West Bengal
INDIA
Tel: +91 33 2214 5656
Fax: +91 33 2214 3001
Email: sechome@wb.gov.in

4. Mr. Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi -110001
INDIA
Tel: +91 11 23074448
Fax: +91 11 2334 0016
E-mail: chairnhrc@nic.in

5. Mr. Shivraj V. Patil
Home Minister
Ministry of Home Affairs
Jaisalmer Hosue
New Delhi
INDIA
Fax: +91 11 23094221/ 23794833

6. The Director General
Border Security Force
B-10, CGO Complex
New Delhi
INDIA
Fax: +91 11 24361202
Email: bsf_hq@hub.nic.in

7. Inspector General (Administration)
Border Security Force
B-10, CGO Complex
New Delhi
INDIA
Fax: +91 11 24361202
Email: bsf_hq@hub.nic.in

8. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR ON EXTRA-JUDICIAL, SUMMARY, OR ARBITRARY EXECUTIONS)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-249-2006
Countries : India,
Issues : Military, Police violence,