INDIA: Coconut vendor badly abused and illegally detained by Border Security Forces in West Bengal 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organisation in West Bengal, about the abuse of a poor coconut vendor at the hands of the Border Security Forces (BSF) in Muradpur village, West Bengal.

Khalil Uddin is a hawker, selling coconuts mainly in Dakshin Ghoshpara village, under Jalangi police station and travels from one village to another on his bicycle. On 11 May 2005, at about 2 p.m, when he reached the BSF outpost, one of the BSF jawans asked Khalil to cut him a coconut which he did. However, when Khalil asked for money, the BSF jawan not only refused to pay but along with 3 other colleagues started assaulting him. When Khalil fell to the ground, they kicked him with their military boots and then dragged him to the nearest BSF camp where they further abused him.

Some villagers noticed the BSF abusing Khalil and informed other fellow villagers. A huge crowd soon gathered in front of the BSF camp. Khalil was released from the BSF custody only in the evening.

The next day, Khalil along with his brother, lodged a complaint against the perpetrators with the Jalangi Police Station (General Diary Entry No 1137). However, the police did not start criminal proceedings. The victim, with the support of MASUM, wanted to lodge a complaint in the court on May 16. However, he was threatened by a group of armed men involved in illegal activities, such as cross border smuggling, with the help of BSF personnel, and was therefore unable to.

MASUM has contacted the Jalangi Police Station many times but no action has been taken. Please immediately send a letter to the Director General of Police of West Bengal, asking him to intervene and order an impartial investigation by an independent authority in this case. The perpetrators involved in the abuse should be punished as also the armed men responsible for threatening the victim. The victim, along with his family, should be provided with security. An investigation in cross border smuggling and other illegal activities in which the BSF is involved should also be looked into carefully and steps should be taken to stop this from happening in the future.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION

Name of the victim: Khalil Uddin Shah, age 55, Son of Late Ukil Uddin Shah
Address: Dayarampur village, Jalangi PS, Murshidabad district, West Bengal
Alleged perpetrators:
BSF jawans:
1. Habibullah Khan
2. Three other Jawans
Local Armed Men all of Dayarampur village:
1. Bablu Shah s/o Ummat Ali Shah
2. Tujam Mollah s/o Safdar Mollah
3. Hossain Mollah s/o Abdul Kalam Mollah
4. Bujlur Rahman Mollah s/o Ismail Hossain Mollah
5. Abdus Samad shah s/o Karim Shah
6. Others

Date of the incident: 11 May 2005, 2 p.m and 16 May 2005
Place of the incident: Muradpur village, BSF outpost and Dayarampur village

Case Details:

Khalil Uddin, is a coconut vendor from Murshidabad district, who travels on his bicycle from one village to another selling coconuts. He was, however, not always been poor. His family owned large agricultural lands, which were however washed away by the Padma river thus depriving Khalil and his family of a comfortable living. Khalil then resorted to selling coconuts in order to survive and make a living.

On 11 May 2005, when Khalil reached the BSF outpost on his bicycle, one of the jawans, Habibullah Khan, stopped him and asked him to cut a coconut, which Khalil did. However, when he asked to be paid, the jawan along with 3 others started to assault him. Using filthy language, they kicked him with their military boots and pushed him to the ground and then dragged the injured man to the nearest BSF camp where they detained him illegally for several hours.

A few villagers who had seen the abuse alerted others and within three hours of the incident, hundreds of villagers assembled in front of the BSF camp. It was only then that Khalil was released from the BSF custody.

The next day, Khalil, along with his elder brother, went to the Sadikhandeoar rural hospital for treatment and then lodged a complaint against the perpetrators at the Jalangi Police Station (General Diary Entry No. 1137). However, the police did not start criminal proceedings and when MASUM enquired as to why, Sub-Inspector Mr Amal Jana said he had no idea as to why an FIR (First Information Report) had not been filed, though it was a cognisable offence.

The victim, with the help of MASUM, then decided to move to the criminal court and approach the court. On May 16, when Khalil was on his way to the court, he was stopped by a local armed gang who threatened him not to lodge a complaint against the BSF men. It is alleged that all the members of this gang have a strong hold of the local administrative machinery, including the BSF, and are heavily involved in various illegal activities, including cross border smuggling. The head of the gang, Bablu Shah is an ex-BSF personnel and it is purported that they operate openly with the support of BSF personnel attached with the Post Commandant and the Major of Dayarampur BOP camp (under Battalion No. 51).

No action has been taken against the perpetrators despite MASUM having contacted the Jalangi Police Station several times with the latest information. However, abuse and torture by BSF is not new and many reported incidents in the past few years have proved the involvement of the BSF personnel in cases of abuse, torture, illegal detention and even killings. The AHRC strongly condemns such misuse of power, impunity of the guilty personnel and autocratic attitudes of the BSF authority in West Bengal and urges you to intervene in this case on a priority basis. All those responsible for Khalil’s abuse should be punished. Action should be taken against the errant police officers who failed in their duty to file an FIR after the victim’s complaint. The armed gang of men who threatened the victim should also be punished. The victim and his family should be provided with security until the investigation is completed. We also urge the West Bengal government to look into the illegal activities carried out by the BSF personnel and ensure that steps are taken to put an end to this.

SUGGESTED ACTION:
Please send a letter to the Director General of Police, West Bengal urging him to immediately order an impartial investigation into this incident.

 

 

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