India: BSF Strikes Again, This Time a Farmer

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-007-2012

Send an Appeal Letter

26 January 2012
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INDIA: BSF strikes again, this time a farmer

ISSUES: Torture; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM concerning yet another case of torture by the Border Security Force (BSF), stationed along the Indo-Bangladesh border. In this case too, it is alleged that the BSF has tortured a civilian. The victim in the case is Mr. Tabibar Molla, is a resident of North 24 Parganas district of West Bengal and a farmer. It is alleged that the BSF tortured the victim while he was on his way to his farm. The victim suffered serious injuries in the incident.

CASE NARRATIVE:

The incident happened on 13 December 2011 at about 1pm. Four BSF officers stationed at outpost number three, under the jurisdiction of Tarali border outpost near Tarali FP school road crossing stopped Molla while he was on his way to his farm. The officers accused Molla of pelting stones on the previous night and prevented him from leaving. Molla protested and claimed that the accusation is wrong.

The officers however refused to agree. They then detained Molla and started assaulting him with wooden baton and with rifle butts. Molla suffered serious injuries on his head, ears, legs and on his backside in the incident. The injuries caused blunt marks from trauma on Molla.

Molla shouted for help. Some persons in the locality heard Molla's cry for help and arrived at the scene. They helped Molla to be rescued from the BSF officers. They helped Molla to be taken to a medical practitioner on the same day. It is alleged that the BSF officers also shouted filth at Molla in Hindi, while they assaulted him.

Molla lodged a written complaint against the BSF officers at the office of the Sub-Divisional Police Officer, Basirhat, on 16 December 2011. It is alleged that the officer did not take any action till date despite receiving the complaint.

Molla alleges that persons namely Mr. Bapi Mondal, Mr. Ainuddin Sardar and Ms Hamida Bibi were witnesses of the incident. Molla also claims that it is these people who rescued him from the BSF. Molla has narrated this in his complaint to the Sub-Divisional Police Officer. Molla has also provided to the officer adequate identification details of the BSF officers who allegedly assaulted him. Molla has identified one officer having a nametag bearing the name 'Prem Singh'.

ADDITIONAL INFORMATION

This is yet another example of the atrocities committed by the BSF. The AHRC and MASUM together have reported about 800 cases of custodial violence committed by the BSF during the past eight years. All these cases with narrative details of the incident and that of the persons involved in the incident have been transmitted to the authorities in India calling for actions. The AHRC has noted that the BSF enjoys absolute impunity in India, a fact reiterated by the lack of criminal as well as disciplinary actions against the officers involved in each case. At the very minimum, a statutory requirement of investigating a complaint and recording the statements of the victim/s as well as the witness/s is not usually complied by the Indian authorities, despite the fact that each case involves a clear breach of law, often punishable under the Indian Penal Code, 1860.

The Border Security Act, 1968 and its Rules 1969, regulates the conduct of the BSF. According to Section 28 (a) of the Act, any person unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation … shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend to one year or such less punishment as is in this Act mentioned. Section 40 of the Act provides that any person subject to the act who is guilty of any act or omission which, though not specified in the 2004 Act, is prejudicial to good order and discipline of the force shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. Section 41 (f) of the Act mandates that a BSF officer who commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving to be punished with seven years of imprisonment.

The Indian Penal Code, 1860 provides punishment for voluntarily causing hurt or injuries to a person. Section 326 of the Code prescribes punishment by way of imprisonment for a term of ten years to a person who voluntarily causes hurt by dangerous weapons or means. Section 357 mandates one year imprisonment for a person who attempts to wrongfully confine a person. Section 307 mandates punishment for a term of ten years for a person who attempts to murder another person. In addition, Article 21 of the Constitution guarantees protection of life and personal liberty of every citizen.

The Supreme Court of India in Shivprasad Pandey v Central Bureau of Investigation, New Delhi, reported in 2003 All India Reporter 1974 has criticized the BSF for the torture committed by them and has convicted officers found guilty of the offence.

Had the BSF been operating in compliance with the Border Security Force Act, 1968 and its Rules 1969, such incidents would not have happened. It shows that discipline and commitment to duty is not ensured within the rank and file in the force. Violence by the BSF against unarmed civilians and other forms of corruption and crimes committed by the BSF with impunity is a threat to the border security of the nation. Such a BSF is a threat to the entire country.

SUGGESTED ACTION:
Please write to the authorities listed below asking for their urgent intervention in this case. The AHRC is also writing a separate letter to the UN Special Rapporteur on Torture calling for an intervention in this case.

To support this appeal, please click here.

SAMPLE LETTER:

Dear __________

INDIA: Kindly investigate the case of torture committed by the BSF at Tarali BSF border outpost

Name of victims: Mr. Tabibar Molla, son of late Sahajaddin Molla, aged about 38 years, residing at Tarali village, under the jurisdiction of Swarupnagar, North 24 Parganas district, West Bengal state, India
Names of alleged perpetrators: BSF officers on duty on 13 December 2011 at about 1pm at the Border Security Force Outpost number three under the jurisdiction of Tarali BSF border outpost situated near Tarali FP school road crossing, including one officer having his name plate reading 'Prem Singh'
Date of incident: 13 December 2011
Place of incident: BSF Outpost number three under the jurisdiction of Tarali BSF border outpost situated near Tarali FP school road crossing, North 24 Parganas district, West Bengal

I am writing to express concern regarding yet another incident of torture reported by the BSF from the Indo-Bangladesh border in West Bengal state, India.

The incident reportedly happened on 13 December 2011 at about 1pm. Four BSF officers stationed at outpost number three, under the jurisdiction of Tarali border outpost near Tarali FP school road crossing stopped Molla while he was on his way to his farm. The officers accused Molla of pelting stones on the previous night and prevented him from leaving. Molla protested and claimed that the accusation is wrong.

I am informed that the officers however refused to agree. They then detained Molla and started assaulting him with wooden baton and with rifle butts. Molla suffered serious injuries on his head, ears, legs and on his backside in the incident. The injuries caused blunt marks from trauma on Molla.

It is reported that at that time Molla shouted for help. Some persons in the locality heard Molla's cry for help and arrived at the scene. They helped Molla to be rescued from the BSF officers. They helped Molla to be taken to a medical practitioner on the same day. It is alleged that the BSF officers also shouted filth at Molla in Hindi, while they assaulted him.

It is alleged that Molla has lodged a written complaint against the BSF officers at the office of the Sub-Divisional Police Officer, Basirhat, on 16 December 2011. It is alleged that the officer did not take any action till date despite receiving the complaint.

I am informed that Molla alleges that persons namely Mr. Bapi Mondal, Mr. Ainuddin Sardar and Ms Hamida Bibi were witnesses of the incident. Molla also claims that it is these people who rescued him from the BSF. Molla has narrated this in his complaint to the Sub-Divisional Police Officer. Molla has also provided to the officer adequate identification details of the BSF officers who allegedly assaulted him. Molla has identified one officer having a nametag bearing the name 'Prem Singh'.

I am concerned about the repeated incidents of torture and other forms of violence committed by the BSF in India, in particular by those officers stationed along the Indo-Bangladesh border. This case is unfortunately yet another example. I am informed that the AHRC and MASUM together have reported about 800 cases of custodial violence committed by the BSF during the past eight years. All these cases with narrative details of the incident and that of the persons involved in the incident have been transmitted to the authorities in India calling for actions. I am also informed that the BSF enjoys absolute impunity in India, a fact reiterated by the lack of criminal as well as disciplinary actions against the officers involved in criminal cases thus far brought to your information. I am informed that at the very minimum, a statutory requirement of investigating a complaint and recording the statements of the victim/s as well as the witness/s is not usually complied by the Indian authorities, despite the fact that each case involves a clear breach of law, often punishable under the Indian Penal Code, 1860. I hope the fate of this complaint too will not be the same.

The Border Security Act, 1968 and its Rules 1969, regulates the conduct of the BSF. According to Section 28 (a) of the Act, any person unnecessarily detains a person in arrest or confinement without bringing him to trial, or fails to bring his case before the proper authority for investigation … shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend to one year or such less punishment as is in this Act mentioned. Section 40 of the Act provides that any person subject to the act who is guilty of any act or omission which, though not specified in the 2004 Act, is prejudicial to good order and discipline of the force shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned. Section 41 (f) of the Act mandates that a BSF officer who commits any offence against the property or person of any inhabitant of, or resident in, the country in which he is serving to be punished with seven years of imprisonment.

The Indian Penal Code, 1860 provides punishment for voluntarily causing hurt or injuries to a person. Section 326 of the Code prescribes punishment by way of imprisonment for a term of ten years to a person who voluntarily causes hurt by dangerous weapons or means. Section 357 mandates one year imprisonment for a person who attempts to wrongfully confine a person. Section 307 mandates punishment for a term of ten years for a person who attempts to murder another person. In addition, Article 21 of the Constitution guarantees protection of life and personal liberty of every citizen.

The Supreme Court of India in Shivprasad Pandey v Central Bureau of Investigation, New Delhi, reported in 2003 All India Reporter 1974 and in The Commandant, 68 BN BSF Gakulankar v Shri Arjundas reported in 2006 (7) Supplement Supreme Court Reporter p. 251 has criticized the BSF for the torture committed by them and has convicted officers found guilty of the offence.

Had the BSF been operating in compliance with the Border Security Force Act, 1968 and its Rules 1969, such incidents would not have happened. It shows that discipline and commitment to duty is not ensured within the rank and file in the force. Violence by the BSF against unarmed civilians and other forms of corruption and crimes committed by the BSF with impunity is a threat to the border security of the nation. Such a BSF is a threat to the entire country.

I therefore request you:

1. That the complaints of torture in this case be investigated by an independent agency;
2. That the statements of the witnesses to the incident recorded immediately by a judicial officer;
3. The alleged officers placed on immediate suspension and their case immediately referred to the BSF court or to a civilian court;
4. Should the case be adjudicated by a BSF court, the victim and the witnesses adequately represented in such proceedings by a lawyer of their choice;
5. That victim and the witnesses in the case provided immediate protection;
6. The entire investigation supervised by a judicial officer and the victim or a member of their family is informed about the progress of the investigation;
7. The union government pay an interim compensation to the victim pending the final disposal of their complaints by a court of law.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. U. K. Bansal (IPS)
Director General - Border Security Force
Government of India
Block 10, CGO Complex
Lodhi Road, New Delhi -03
INDIA
Fax: +91 11 24360016
E-mail: probsf@yahoo.com, bsfhq@bsf.nic.in, bsf_hq@hub.nic.in, bsf_hq@bsf.delhi.nic.in

2. Director General & Inspector General of Police
Government of West Bengal
Writers Buildings, Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
Email: dgp_westbengal@gmail.com

3. Chief Secretary
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Fax: + 91 33 22144328
Email: chiefsec@wb.gov.in

4. Additional Chief Secretary (Home)
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Email: sechome@wb.gov.in

5. Ms. Mamata Banerjee
Chief Minister
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Fax: + 91 33 22144328
Email: cm_wb@nic.in

6. Mr. P. Chidambaram
Home Minister
Government of India
Ministry of Home Affairs
North Block, New Delhi 110003
INDIA
Fax: + 91 11 23093750 / 23092763
Email: hm@nic.in

7. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax: + 91 11 2338 4863
E-mail: chairnhrc@nic.in

Thank you
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

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