killing of a Scheduled Caste youth by stabbing while in BSF custody, nexus with police
*To
30 June 2010*
*Principal Secretary (Home)*
*Government of West Bengal*
*Writers’ Buildings*
*Kolkata - 1*
* *
*Sir*
* *
*I am attaching a through fact finding report of custodial killing herewith.
The report itself self explanatory and confirmative about ongoing killings
of Indian citizens in Indo- Bangladesh bordering area of West Bengal by
posted Border Security Force (BSF) personnel.*
* *
*In this particular case Sumanta Mondal, a young boy belonged to bellow
poverty category from Schedule Caste community was brutally murdered by
under mentioned BSF personnel. Though, the personnel in connivance with
local police trying to establish the killing as an encounter death but our
fact finding report and doctors who examined the body established the fact
that Sumanta was heinously killed by the personnel while he was in custody
of the said BSF personnel. This barbaric act was a cold blooded murder
without having minimum respect for human lives. It draw another conclusion
that major section of the posted BSF personnel are involved with illegal
cross border smuggling of goods and persons and while the truth come up to
public domain, they are killing indiscriminately with an intention to
destroy the evidences of their unholy nexus with kingpins of smuggling.*
* *
*In this case no judicial magistrate conducted inquest over the body as
mandatory for any custodial death according to section 176A of Criminal
Procedure Code neither directives/ provisions of National Human Rights
Commission’s (NHRC) guidelines were maintained.***
* *
*As you are aware that in such cases a criminal case under section 302 of
Indian Penal Code should be initiated against the involved personnel as
directive given by NHRC and the case should be investigated by CID. So, in
this case we demand a specific criminal case to be registered against the
perpetrating BSF officials and the case should be investigated by CID. We
also demand for complete protection of family and other corroborative
witnesses of the incident and financial compensation for the deceased’s
family.*
* *
*Hope by measuring the gravity of the incident you will take appropriate
action in accordance to the duty and responsibilities rested upon you.*
* *
* *
*Thanking You*
* *
* *
* *
* *
*(Kirity Roy)*
*Secretary - MASUM*
*Convener – Programme Against Custodial Torture & Impunity (PACTI)*
* *
* *
* *
* *
*Name of the deceased**: Sumanta Mondal, aged- about 22 years, son of- Mr.
Nimai Mondal, Village & Post- Borderpara, Police Station- Raninagar,
District- Murshidabad*
* *
*Name of the perpetrators** – 1) Mr. Sailesh Kumar; Constable (CT No.
00722731) 2) Mr. Ramji Pandey; Inspector and Three other on duty Border
Security Force (BSF) Personnel (name unknown) all attached with 151
Battalion of BSF- B Company posted at Harudanga Out Post (OP) no. VIII*
* *
*Place of Incident**: adjacent to Harudanga out post no. VIII*
* *
*Date and time of the incident**: 16.06.2010 at about 7.00 pm (as reported
by the villagers)*
* *
*Case Detail*
* *
*On the fateful day Sumanta and his three companions tried to smuggle out
buffalos from the said point. It was raining heavily at that time. The
youths tried to take advantage of the situation. Two of his companions
accomplish their mission, another returned back but Sumanta was caught by
the said BSF personnel.
It was reported in a Bangla daily that BSF
‘approved’ 20 buffalos to be smuggled but ‘offenders’ tried for 50.
Ill-fated Sumanto belonged to a family listed in Bellow Poverty category. *
* *
*After taking him into their custody, the said perpetrators killed him. Mr.
Nilanjan Roy; Sub Inspector of Raninagar police station reached at the place
of occurrence and brought the body by a BSF vehicle with registration number
HR- 39A 7419 to Godhanpara Primary Health Center at around 10.30 pm same
date. Five BSF personnel were in the vehicle, while the body was brought to
the said Primary Health Center. At the Health Center, Medical Officer, Dr.
Sabyasachi Chakroborty examined the body and at about 11.15 pm informed the
persons present at the Health Center that Sumanta died at least 8-10 hours
back. He also examined the constable Sailesh Kumar and found no injury in
his body, as reported, though Sailesh complained about pain in his body. BSF
corroborated that Sumanto died due to firing from Sailesh Kumar’s service
riffle and thereafter filed a criminal case against the deceased as
Raninagar PS Case No. 328/10 dated 17.06.2010, under sections
147/148/149/186/188/353/307/379/411 of Indian Penal Code and 12 of PP Act.
>From Godhanpara Primary Health Center body was sent to Raninagar police
station.*
* *
*At about 12 midnight, Mr. Biplab Chandra De; Circle Inspector of Domkal
made inquest over the body at Raninagar police station while the body was
rested on the said BSF vehicle. At 12.45 am on 17.06.2010, Mr. Arunabh Das;
Block Development Officer of Raninagar Block- 2 made inquest report at the
same place therefore at the top of BSF vehicle.*
* *
*The assembled crowd was skeptical about the injury mark in the chest of the
deceased as they were not convinced that it was due to bullet firing as
narrated by the BSF officials. While the Company Commander was asked about
the same and entry and exit wounds, he replied as the bullet was fired from
an Insus Riffle from a close proximity, so the bullet got stuck inside the
body, though the statement itself has no rationale. Dr. Sabyasachi
Chakroborty again visited Raninagar police station at about 1.30 pm for
reexamine the body, especially the back of the body, and after not finding
any exit wound, had a discussion with Mr. Ramji Pandey, the Company
Commander. The nature and size of the injury mark was quite abnormal in
respect to bullet injury. Mr. Pandey tried to satisfy the doctor by saying
it was from Insus riffle and close proximity and it was stuck inside. But
the abnormally large wound made the said doctor dissatisfied with Pandey’s
logic. The Circle Inspector of Domkal, Mr. Biplab Dey echoed Mr. Pandey’s
observation and directed Mr. Nilanjan Roy to write down for seizure of the
bullet which was supposedly inside the body.*
* *
*At around 2.15 pm on 17.06.2010 the body was sent for Post Mortem
Examination (PME) to Lalbagh Sub Divisional Hospital, again by using the
same BSF vehicle. The on duty doctor deputed for PME refused to do the same
at the Lalbagh SD Hospital, because police in their forwarding note
mentioned that death was due to firing but he opined differently and as the
hospital don’t have forensic facilities he referred Baharampur New General
Hospital (police morgue) for PME. *
* *
*The body was lying at the Baharampur New General Hospital till next day
evening, at around 5.00 pm on 18.06.2010, the doctor deputed for PME; Dr.
Gourishankar Das came out of the morgue and told the relatives he did not
performed PME over Sumanta’s body. While the relatives asked for the reason,
he said death was not due to bullet injury which was contradictory to
forwarding report of police and it seems to be a complex case, so the PME
would be done at Burdwan Medical College which has proper facilities with
forensic department to ascertain the cause of death and weapon used. The
investigating officer of the case Mr. Nilanjan Roy; SI, was present at the
place. While he was asked about the reason of death, he replied that could
be determined after PME. The body was sent to Burdwan Medical College
Hospital on the same day but appallingly, PME was not done at Burdwan
Medical College and Hospital till 20.06.2010. At last it was done at 1.15 pm
on 20.06.2010 by Dr. Debashis Sarkar. As reported Dr. Sarkar told Mr.
Jagabandhu Mondal; uncle of the deceased, who was present at Burdwan Medical
College and Hospital, that
Sumanta was not died due to bullet injury instead
he was killed with the help of dagger or spear like weapon. To ascertain the
reason of death some portion of corpse has been sent to Kolkata for further
examination. *
* *
*The body was cremated at Khagra crematory in Murshidabad on 20.06.2010.*
--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
26 Guitendal Lane
Howrah 711101
West Bengal INDIA
Mobile: 09903099699
Tele Fax : +91-33-2640 4118
Phone: +91-33-2640 4520
e. mail : kirity...***********
Web:
welcome to
yeh the sacred animal can fly so might reach the border by flying.
