Skip to main content

Plea to NHRC: Fairly investigate into 'enforced disappearance' of youth off Bangla border

Counterview Desk 
In a representation to the National Human Rights Commission (NHRC) chairman, human defender Kirity Roy, who is secretary, Banglar Manabadhikar Suraksha Mancha (MASUM) and national convenor, Programme Against Custodial Torture & Impunity  (PACTI), has said that his fact finding team has found out how the Border Security Force personnel are responsible for allegedly "enforced disappearance of a minority youth" off the border with Bangladesh. 
Roy demanded that the NHRC should "fairly intervene" in the case, as the "right of the family of the deceased victim for a fair enquiry has been denied and such denial is still in continuation.

Text: 

I wish to attract your attention over the systematic use of enforced disappearance practice by Border Security Force (BSF) personnel in 24 Parganas (North) to initiate an era of brutality at the said area of Indo- Bangladesh bordering area of West Bengal.
Through our fact finding it has been reported that the BSF illegally apprehended, tortured the victim to death and then instrumental in disappearing the body. From the time of incident the body of the victim could not be traced. The mother of the disappeared victim in this incident, Mrs. Nokila Mondal lodged complaints to the Swarupnagar police station, Superintendent of Police of 24 Parganas (North) and Sub Divisional Officer of Basisrhat sub division of 24 Parganas (North) district but authority failed to trace out the victim.
It must be mentioned here that enforced disappearance is considered to be the worst form of crime as the feeling of insecurity generated by this practice is not limited to the close relatives of the disappeared, but also affects their communities and society as a whole. It also an act of destruction of evidence of crime. This case is also adding up to the list of murders by Border Security Force, where the higher officials and police administration in a nexus, tries to save the perpetrators. It is also to be mentioned that the place of the incident is well inside Indian Territory from border of Bangladesh.
The perpetrator Border Security force personnel not only violated the rights guaranteed in Article 21 of Indian Constitution but also the premise of Article 7 of International Covenant on Civil and Political Rights as well as the Goal number 8 and 16 of Sustainable Development Goal earmarked by United Nations and in both these international instruments; the government of India is a party and have agreement. The incident and subsequent impunity legitimize our long standing demand for immediate ratification of United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment and Declaration on the Protection of all Persons from Enforced Disappearances. The perpetrators also violated the article 2, 3 and 8 of Code of Conduct for Law Enforcement Officials; Adopted by General Assembly resolution 34/169 of 17 December 1979. The perpetrator Border Security Force personnel also made offence under section 201 of Indian Penal Code for causing disappearance of evidence in order to screen their offence. I am sorry to say that thousands of incidents of torture, killing and disappearance by men in uniform have been reported to NHRC and other governmental agencies but no proper remedial or corrective measures have been taken.
I hope that the Commission would fairly intervene in this present case as the right of the family of the deceased victim for a fair enquiry has been denied and such denial is still in continuation.
Under the circumstances we demand: 
  • BSF should be posted in actual borders and not inside villages.
  • The whole incident must be investigated by Commission’s own investigating team.
  • In first instance while the mother of the victim made a written complaint to the Swarupnagar PS on 15th of December 2023, no FIR has been registered, later while she made the similar complaint to the Superintendent of Police on 26th December 2023, FIR has been registered, thus punitive action must be initiated against the on duty police personnel of Swarupnagar PS.
  • Immediate direction should be given to the concerned authorities for taking necessary action to recover the body of the disappeared victim.
  • The guilty Border Security Force personnel involved must be booked and prosecuted in open court of law.
  • The police and BSF administration must take appropriate steps to control cross border smuggling in bordering villages instead of collaborating with the smugglers.
  • The family of the victim must be duly compensated and security and safety of the witnesses and family members must be ensured.
  • Any other action as the Commission may deem fit and proper.
***
Name of the Victim: Mr. Milan Mondal, son of Late Arshad Mondal, aged about 33 years, by faith - Muslim, other backward caste, by occupation an agrarian wage labour and part time involvement in cross border smuggling of goods as mere courier, without possessing agrarian land, resident of village- Daharkanda, Police Station- Swarupnagar, Block - Swarupnagar, Gram Panchayet- Bithari- Hakimpur, Post Office - Hakimpur - 743273, District - 24 Parganas (North), West Bengal. Aadhar card no. 418181583594
Name of the secondary victims: (i) Ms.Nokila Mondal, aged about 54 years, mother of the victim. (ii) Master Hasan Mondal, aged about 6 years, son of the victim. All are residing at village Daharkanda Police Station- Swarupnagar, Block - Swarupnagar, Gram Panchayet- Bithari- Hakimpur, Post Office - Hakimpur - 743273, District - 24 Parganas (North), West Bengal.
Thousands of incidents of torture, killing and disappearance have been reported to NHRC, yet no proper remedial measures have been taken
Date & Time of the incident: On 14.12.2023 at about 5:30 pm and thereafter.
Place of the incident:  At the bank of Sonai river inside Indian territory, between 7 and 8 No. BSF OP of Bithari BOP of BSF Battalion No. 112 .
Details of the perpetrators: 1) Border Security Force personnel who were on duty at the mentioned date and time of the incident at the OP number 7 and 8 at the bank of Sonai river, attached with Bithari BOP of 112 Battalion of BSF, 2) Mr. Rabindra Kumar Yadav, Company Commander of BSF, 3) Officer in Charge of Swarupnagar Police Station and 4) on duty police personnel of Swarupnagar Police Station.
Details of the witnesses: 1. Mr. Jubbar Sardar, son of Ajgar Sardar of Village - Padmabila, Post Office - Hakimpur, Police Station - Swarupnagar 2. Ms. Abeda Sardar, daughter of Late Dhanai Sardar, Village - Padmabila, Post Office - Hakimpur, Police Station - Swarupnagar 3. Ms. Nazma Bibi, daughter of Ater Ali, village- Daharkanda, Post Office - Hakimpur, Police Station- Swarupnagar
Fact Finding Report of MASUM:  The victim Milan Mondal lost his father and subsequently his wife. 23 years ago his widow mother returned to her paternal village and started living with Milan. They don’t posses a piece of land for agriculture and sustaining without any regular income. Nokila Mondal; mother of the victim used to work as agrarian labour. Milan Mondal’s wife died four and half years ago due to blood cancer, leaving a boy child, who is 6 years old now and totally dependent on his father, the victim. Milan Mondal has part time involvement in cross border smuggling as courier like almost all unemployed youth of that area. Presently none from the area has been allotted with MGNRGEA work.  We found that the poverty alleviation and self employment schemes of state and central government is not reaching the masses in this area. Milan’s mother is getting 5 kilogram of rice and 3 kilogram flour per month from ration shop free of cost.
On 14th of December 2023, Milan left his home at around 5 pm and reached at the bank of Sonai river (between 7 and 8 OP of BSF ) with a bag consisting few bottles of Phnsydil (an Indian brand of cough syrup). The on duty BSF personnel of OP number 7 and 8 encircled and captured/ detained him. At this very moment, the people of that area and passerby heard sound of gun shot (which the witnesses confirmed later) and within few minutes two BSF vehicles; one green coloured jeep and one black bigger vehicle reached at the spot of occurrence, and BSF personnel started restricting villagers to reach the spot. Ms. Nazma Bibi, a witness informed the fact finding team that the gun shot sound which she heard was just few minutes before the entry of BSF vehicles at the place of occurrence and subsequent restriction made by BSF to reach the bank of Sonai river. From that time only, there is no trace of Milan Mondal. At around 7.15 pm, Mr. Kalimuddin Molla, son of Samsuddin Molla of village Daharkanda; who employed Milan Mondal to smuggle the goods called Milan on his mobile from his mobile (Kalimuddin Molla’s mobile number 8670565770 and Milan Mondal’s mobile number 9800168796) but the call was received by one BSF personal, who informed that he picked the mobile phone from bank of the Sonai river along with a Gamcha (towel). Later on 15th December 2023 at around 12 noon, someone informed the mother of the victim that Milan’s trouser, t-shirt and sandals were lying at the bank of the river, which she collected from the spot. Milan’s mother Nakila Mondal visited Swarupnagar PS on 15th December 2023 with a written complaint, which has been entered as GDE No. 702/23 dated 15/12/2023 but that was not transmitted into FIR.. On 15.12.2023, police personnel from Swarupnagar PS, villagers, professional divers and BSF collectively made search operation but in vain.
The mother of the victim made another subsequent appeal to the police officials and in this course on 26th December, she made complaints to the Superintendent of Police of Basirhat Police District and requested him for the whereabouts of her son. This complaint was registered as Swarupnagar PS Case No. 768/23 dated 26.12.2023 under sections 302 and 201of Indian Penal Code against unknown BSF personnel of Bithari BOP of 112 Battalion of BSF.
The local administration and Gram Panchayet members, named Hakim Gain, a Gram Panchayet member and Illiyas Gazi; husband of Gram Panchayet member Ms. Rupsa Gazi are intimidating and threatening the family members and witnesses and asking the mother of the victim to withdraw the complaint. On 31.12.2023 evening, BSF personnel with a convoy from Bithari BOP of 112 BSF Battalion visited the house of Jubbar Sardar; a witness, and pressurised him and ask him to keep mum.
As the place of occurrence (river bank of Sonai) is under the jurisdiction and complete control of BSF and BSF personnel are present there to guard the area, it is evident that only they have the whereabouts of the victim, secondly the mobile phone set is with one BSF personal also corroborating their involvement. The place of occurrence is being heavily guarded by BSF personnel, in this situation none other can put the apparels and slippers of the victim at the bank of the river, so it is clear that Milan was apprehended/ captured by BSF personnel and only they have the whereabouts of Milan Mondal.

Comments

TRENDING

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative  The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani*  India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

A Marxist intellectual who dwelt into complex areas of the Indian socio-political landscape

By Harsh Thakor*  Professor Manoranjan Mohanty has been a dedicated advocate for human rights over five decades. His work as a scholar and activist has supported revolutionary democratic movements, navigating complex areas of the Indian socio-political landscape. His balanced, non-partisan approach to human rights and social justice has made his books essential resources for advocates of democracy.

Four J&K MLAs visit Wular lake, pledge support to fisher community, environmental conservation

By Shamim Ahmed*   In a historic meeting that highlighted both environmental and social concerns, four Members of the Legislative Assembly (MLAs) visited Wular Lake to meet with the fisherfolk community, signaling a significant step in addressing their longstanding issues. This gathering, organized with the support of dedicated advocates, marks a strengthening of efforts to both safeguard the lake’s ecosystem and support the community’s welfare.

Supreme Court’s dismissal of PIL on Covid vaccine safety is counter to known science and mathematics

By Bhaskaran Raman*  On 14 Oct 2024, the Supreme Court of India dismissed a Public Interest Litigation (PIL) on the side-effects of the Covid vaccine. In 2021, the world saw the rollout of various Covid vaccine candidates. In India, Bharat Biotech’s Covaxin and Serum Institute of India’s Covishield were rolled out. Covishield was nothing but Oxford’s AstraZeneca relabelled in India. The importance of open-minded and scientific probe of Covid vaccine safety In 2020/2021, all Covid vaccines were authorized for emergency use, which meant that the necessary efficacy and safety follow-up was incomplete at that time. The originally approved trials – called randomised controlled trials (RCT) had a “vaccine” group and a “placebo” group for comparison. Such experimental comparison/control is the cornerstone of the scientific method – which even children learn in photosynthesis experiments in class-1. The vaccine trials were scheduled to conclude in late 2022/early 2023. For instance, Covax...

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah  The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor*  Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad*  On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya.