13.03.2018
Model appeal
To
The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi-110023
Respected Sir,
I
lodge this present
complaint where the perpetrator BSF personnel put illegal restriction on
legitimate performance of trade upon the victims. The victim namely Mr.
Rabiul
Sardar is a van puller and the victims namely Mr. Dabir Sardar, Mr.
Tabibar
Molla and Kalam Gazi are raw meat (beef) seller under the strength of
trade license issued by the Gram Panchayat. On 18.02.2018 at 10am Mr.
Mamud Sardar
(grandson of Mr. Dabir Sardar) and Mr. Kalam Gazi were carrying 170kgs
of raw
meat (beef) on the van of Mr. Rabiul Sardar. But the perpetrator BSF
personnel
seized the raw meat as well as the van and detained them at Tarali BSF
Camp..
Mr. Mostafa Sardar(son of Mr. Dabir Sardar) came to know of the incident
and he
went all valid papers to the BSF camp with local Gram Panchayat members
to
release them and the seized goods. But the BSF authority did not pay any
heed
and detained Mr. Mostafa Sardar. All of them were handed over to the
concerned
customs office after detaining them till 4pm on the date of the
incident. Later from the customs office they were
released by executing bonds, the seized raw meat and the van were not released.
In this regard Mr. Mostafa Sardar in writing submitted the true account of the
incident before the Inspector-in-Charge of the customs office and on the next
day Mr. Rabiul Sardar in writing prayed for release of his van but nothing has
happened till date. Our attached fact finding report gives details of the
incident.
The incident again
shows that the persons from poor and marginalized section in our society mostly
bear the brunt of the BSF in the bordering areas whether they are involved with
the crime or not. The right to life and livelihood of the victims as enshrined
in the Art.21 of the Constitution has been grossly violated by the torturous
act of the Border Security Force.
On previous occasions
also the family of the Mr. Dabir Sardar came under the wrath of BSF personnel
for selling raw meat in the locality of Tarali and Hakimpur villages in spite
of having valid trade licence from local Gram Panchayat. In this regard our organisation has lodged complaints before the
Commission and the complaints lodged are attached herewith.
It is hereby relevant
to mention that Mr. R.R. Jha, the then Joint Secretary (HR), Ministry of Home
Affairs (Human Rights Department), Government of India submitted his report
dated 7.4.2011 before the Commission in connection with NHRC Case no.
44/25/13/08-09-PF(initiated on our complaint dated 25.3.2008 in the matter of
the victim Mr. Saiful Mondal from District-Murshidabad, West Bengal) and one of
his recommendations in the said report says thatββ β¦BSF as a Border Guarding
Force should not be involved in regulating movement of rice and other grocery
items purchased by persons in border areas either for their consumption or for
local tradeβ¦β. In the second recommendation of the said report it is also said
that —-βBSF has accordingly advised that they need not object or fix quota of
rice/flour etc. that the villagers might be bringing to their border villages
after purchasing them from the local market either for their own consumption or
for local tradeβ¦β. One copy of the said
report is attached herewith for your kind perusal.
In this present case
the above stated victims from district-North 24 Parganas, a neighbouring
district of Murshidabad district in West Bengal are under attack on their life
and livelihood by the perpetrator BSF personnel for which I seek your urgent
intervention in this matter in the following manner:-
Β·
The
victims must be allowed to run their business peacefully and any illegal act on
the part of the B.S.F. officials to obstruct his business must be thwarted.
Β·
The
guilty Border Security Force officials and personnel involved in harassing and
torturing the victims must be brought to book and punished accordingly.
Β·
The
victims must be provided adequate protection and compensations
Β·
The
concerned BSF personnel must be cautioned and restrained from creating any
excesses on the legitimate performance of the right to life and livelihood of the populace residing within the vicinity
of Indo-Bangladesh Border area..
Thanking
You
Yours
sincerely
β
Biplab
Mukherjee
Secretary,
MASUM
Particulars of the victims: -
(1) Mr. Rabiul Sardar, son of Late Rahim
Sardar, aged about-50 years, by faith-Muslim, residing at Village-Tarali, Post
Office-Hakimpur, Police Station-Swarupnagar, District-North 24 Parganas, West
Bengal
(2) Mr.
Mamud Sardar, son of Mr. Mostafa Sardar, Muslim by faith, residing at Village +
Post Office-Hakimpur, Police Station-Swarupnagar, District-North 24 Parganas,
West Bengal
(3) Mr. Mostafa Sardar, S/O Mr. Dabir Sardar,
Muslim by faith, residing at Village + Post Office-Hakimpur, Police
Station-Swarupnagar, District-North 24 Parganas, West Bengal
(4) Mr. Kalam Gazi, S/O Late Jahar Ali,
age-44 years, Muslim by faith, residing at Village-Tarali, Post
Office-Hakimpur, Police Station-Swarupnagar, District-North 24 Parganas, West
Bengal;
(5) Mr. Tabibar Molla, S/O Mr. Sahajadin
Molla, Muslim by faith, residing at Village-Tarali, Post Office-Hakimpur,
Police Station-Swarupnagar, District-North 24 Parganas, West Bengal
Particulars of the perpetrators: - (1) The BSF Company
Commander of Tarali BSF Camp and other involved BSF personnel connected with
the incident, Battalion-76 under Swarupnagar Police Station, District-North 24
Parganas and (2) the Inspector-in-Charge and other involved personnel of
Tentulia Customs Office.
Date & time of the incident: - On 18.02.2018
around 10 am and subsequent thereafter.
Fact Finding Details:-
It is revealed during the fact finding that the
Mr. Rabiul Sardar is a van puller. He is the owner of an engine fitted rickshaw
van. He carries different goods throughout the village area of Tarali, Hakimpur
villages on his engine fitted rickshaw van on hire by people in the locality.
On 18.02.2018 during morning one Mr. Kalam
Gazi of Tarali village hired the engine fitted rickshaw van of Mr. Rabiul
Sardar for bringing some raw meat (beef) from Ramchandrapur Market. Accordingly
Mr. Rabiul Sardar loaded 170 kilogram of raw meat (beef) from Ramchandrapur
Market on his engine fitted rickshaw van and started from the said market with
Mr. Mamud Sardar and Mr. Kalam Gazi and reached Hakimpur BSF Check Post under
Swarupnagar Police Station. They submitted the relating documents in support of
purchase and transporting of the raw meat (beef). After taking necessary
permission from the said Check Post they started towards Tarali and on the way to
Tarali one BSF Jawan stopped them. Mr. Mamud Sardar and Mr. Kalam Gazi submitted
the relating documents in support of the goods loaded on the van but the said
BSF officer did not pay any heed to those documents and forcibly took the engine
fitted van along with the loaded raw meat (beef) to the BSF Camp at Tarali. The
BSF personnel also took Mr. Mamud Sardar, Mr. Kalam Gazi and Mr. Rabiul Sardar
to the BSF Camp.
Mr. Mostafa Sardar being the father of Mr. Mamud
Sardar came to know about the incident and went to the BSF camp at Tarali with the
Upapradhan and another member of local Gram Panchayat and showed all the valid
documents in support of trading beef and requested BSF Officials to release seized
van and the goods but the BSF Officials refused to pay any heed to their
request. Thereafter the BSF persons of the said BSF Camp handed over the
custody of Mr. Mostafa Sardar, Mr. Mamud Sardar, Mr. Kalam Gazi and Mr. Rabiul
Sardar to Tentulia Customs Office. There the officers of the customs office
interrogated them and Mr. Mostafa Sardar in writing explained the true account
of the incident.
Mr. Mostafa Sardar in his writing stated that
on 18.02.2018 at about 10am his son Mr. Mamud Sardar and Mr. Kalam Gazi bought
170 Kgs. of raw meat (beef) from Ramchandrapur Market and with the said goods they
were going to Tarali village for the purpose of selling the goods in the village.
On the way to Tarali, BSF persons detained them and seized the goods along with
the van. They along with the seized items were taken to Tarali BSF Camp. On
getting information he along with the local Gram Panchayat members went to the
camp. He met with the BSF Company Commander of the camp and submitted all valid
papers showing that the goods belonged to three persons Mr. Dabir Sardar, Mr.
Kamal Gazi and Mr. Tabibar Molla who under valid license sell raw meat (beef)
in Tarali village as the BSF authority has issued objection in killing cattle
for the purpose of getting meat. They sell raw meat (beef) in the locality of
Tarali village to meet the demands of food requirement of the area which is
densely populated by Muslim community people. He further stated that he went to
the camp with papers only to show that there was no illegality committed in
carrying on the said goods and he requested for release of the goods. But the
BSF Company Commander of Tarali BSF camp did not give any value to the
documents and asked the Upaprodhan and the member of the Gram Panchayat who
accompanied him to leave the camp. After they left the camp, the Company
Commander detained Mr. Mostafa Sardar, Mr. Mamud Sardar and Mr. Kalam Gazi and
Mr. Rabiul Sardar in the camp. At about 4pm in the evening the BSF persons of
the said BSF Camp handed over the custody of Mr. Mamud Sardar and Mr. Kalam
Gazi and Mr. Rabiul Sardar to Tentulia Customs Office along with the seized van
and raw meat (beef) of 170kgs. Thereafter they were released from the customs
office upon executing bonds, but the customs office retained the custody of the
seized van and the raw meat (beef) of 170 kgs. in its custody.
On 19.02.2018, Mr.. Rabiul Sardar submitted a
written complaint before the Inspector of Customs, Tentulia Customs Prev. Unit
stating the incident and he prayed for release of his engine fitted rickshaw
van which is the only source of his income. But till date he did not get back
his van for which he has been unable to earn his livelihood causing tremendous
financial hardship to his family members.
β
Previous Complaint
βRR Jha Recommendations
βTrade Licenses
β