Mr. Abhijit Adhikari is the only earning member of his family consisting of five members. They are enlisted in Below Poverty Line (BPL) list. He worked as mason. Their house was located near Border Security Force Out-Post no. 8 under Angrail BSF Camp. On 14/05/2009 at about 10 pm three BSF personnel of the said BSF out post came to the house of the victim. They asked the whereabouts of the victim to his mother, Ms. Sima Adhikary. His mother out of fear told them that he was not at home. But Ms. Namita a local resident who accompanied with the BSF personnel to the house of the victim told them that he was present inside the house. Then Mr. Rajendra, one of the BSF personnel forcibly pushed her on the ground and all the BSF personnel trespassed into the house and found the victim inside the house. Then they forcibly dragged him out of the house and started beating him black and blue. Then they took him to the BSF camp.
The perpetrator-B.S.F personnel took the victim to Angrail BSF Camp at about 00.00 hours at night. When they reached at the BSF camp with the victim, one B.S.F jawan standing at front of the sentry gate slapped tight on the face of the victim. In the camp the victim was tied up with a tree by an iron chain. He was not served with any food to eat during the whole night and the next day. The father of the victim went to the camp next day with some food which was given to the victim. On 15/05/2009 in the morning the victim was again beaten up brutally by four BSF personnel of the said BSF Camp. He was forced to lie upside down and they kicked him 5-6 times on his back and waist. They also kicked on his buttock, chest and beat him up by sticks aiming on his both hands and below the knees.
The victim on the same day was sent to the Custom Office, Petrapole Circle, Petrapole, North 24 Parganas and he was forced to sign on some blank papers. The family members of the victim also reached at the customs office and could be able to release him after giving Rs. 1000/- by cash as bribe. Then the family members of the victim took him to G.R. Dhar Sub-Divisional Hospital, Bongaon on the same day as his condition deteriorated. The victim remained under treatment in the said hospital from 15.5.2009 to 17.5.2009.
Ms. Sima Adhikari, the mother of the victim stated before our fact finding team that her son i.e. the victim was subjected to such heinous assault as he refused to work for Ms. Namita and carry out her instructions. She further stated that Ms. Namita maintained good terms with the BSF personnel posted in the area and Mr. Rajendra, one BSF jawan used to live at her house.
Ms. Sima Adhikari, the mother of the victim tried to lodge complaint at Gaighata Police Station against the perpetrator-BSF jawans. But the on duty police officer refused to take any complaint and asked her to meet with 2nd Officer (meojobabu). He also refused to take the complaint and told her that he can not do anything in this case. Then on 15.5.2009 she submitted a written complaint before the Sub-Divisional Police Officer, Bongaon but still there is no action from his side either against the police personnel of Gaighata Police Station or the involved BSF personnel.
Ms. Sima Adhikari informed our fact finding team that on 5.7.2009 the victim went to visit one of his relatives house and on 6.7.2009 some BSF personnel posted in the area sent message to her through one local boy namely Mr. Sankar Bala asking her son to meet with the Commanding Officer of the BSF Camp. On the next day i.e. on 7.7.2009 three BSF personnel came to her house and told her that the Commanding Officer of the BSF camp wanted to meet with the victim at the Camp. Out of fear of being tortured again in the hands of the BSF personnel, Ms. Sima Adhikary had asked her son not to return to house.
Thereafter Ms. Sima Adhikari, mother of the victim was served with a notice (C No. VIII (II) 41-EXP/PTPC/09-10) dated 17.6.2009 from the office of the Superintendent of Customs, Petrapole Circle, Petrapole, North 24 Parganas. In the said notice it was claimed that on 15.5.2009 at about 5.30 hours he brought some cattle at border area and the BSF personnel intercepted him and at that time he could not produce any valid document in favour of the cattle. By virtue of the said notice the victim was asked to file show cause as to why the said seized goods should not be confiscated.
Ms. Sima Adhikari, mother of the victim claimed that the allegations made in the said notice are absolutely false as her son was forcibly picked up by the BSF personnel from her house on the date of the incident and in order to conceal their crime the victim was tagged with such false allegations by the Customs officials and the perpetrator-BSF personnel in connivance with each other.
It is revealed during the fact finding that the victim was not served with any copy of seizure list though he was entitled to the same under section 110 of Customs Act, 1962 if anything was seized from the victim as alleged by the customs officials in the notice. Further no information was lodged at Gaighata Police Station either by the Customs Office or by BSF regarding such seizure of cattle from the victim.
Name of victim: Mr. Abhijit Adhikari, son of Mr. Bimol Adhikari, aged about-22 years, by faith-Hindu, residing at village- Angrail, Post Office: Angrail, Police Station: Gaighata, District North 24 Parganas, West Bengal, India.
Name of perpetrators: (1) Mr. Rajendra and other Border Security Force personnel of Angrail Border Security Force Camp, Company-E, Battalion- 126, Police Station-Gaighata, District-North 24 Parganas; (2) The Officer-in-Charge and the 2nd Officer (Mejobabu) of Gaighata Police Station; (3) the Superintendent of Customs and other officials of customs, Petrapole Circle, Petrapole, District-North 24 Parganas, West Bengal, India.
Place of incident: At the house of the victim at village- Angrail, Post Office: Angrail, Police Station: Gaighata, District North 24 Parganas, West Bengal, India
Date and time of incident: On 14.5.2009, 6.7.2009, 7.7.2009.
-- Kirity Roy Secretary Banglar Manabadhikar Suraksha Mancha (MASUM) & National Convenor (PACTI) Programme Against Custodial Torture & Impunity 26 Guitendal Lane Howrah 711101 West Bengal INDIA
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