Posts Tagged ‘Cruelty’

Illegal Arrest, Torture of Civilians by Central Reserve Police Force Personnel

January 18, 2011

Illegal Arrest, Torture of Civilians by Central Reserve Police Force Personnel

On 19 March, 2008 at about 10.30 pm one Gypsy and two 407 truck-ful of CRPF personnel belonging to 147 battalion camping at Kashipur, Cachar along with Mr. S C Nath, an Assistant Sub Inspector of Police posted at Borkhola police station in Cachar, came at Behara Bazar under the jurisdiction of Katigorah police station, Cachar and picked up Mr. Ranjit Roy, Mr. Birbikram Deb and Mr. Raju Kar at gun point.

These three youth are ordinary residents of Behara Bazar and by occupation businessmen with small shops at the bazaar. As usual they were shutting the shutters of their shops after the day’s drudgery to go home when they were accosted by the said security forces. The CRPF personnel started to beat them with gun butt and bayonet inflicting intentionally severe pain causing sufferings and hurts on their persons apparently to intimidate them and rob them of their belongings. When at the scream of the victims people started to come out and gather around the scene the CRPF men took them aboard a vehicle and went away.

They went to an adjacent temple named Loknath Mandir at Nilcherra and woke up Mr. Sandipan Chakrabarti and Subir Guha, drivers of the temple, who were asleep there. Here also the CRPF jawans applied their gun butts and bayonets causing more serious injuries to both the said persons with intention to force them to board a vehicle at which Mr. Swapan Bhattacharya, the priest of the temple, protested. Abuses and intimidation were also hurled at him. But on the possibility of waking up nieghbourhood people by this hullabaloo the CRPF personnel left these two victims.

Now they went with the first mentioned three victims not to the Katigorah police station under which jurisdiction they were in action but to the Borkhola police station and tried to persuade Mr. Ajijur Rahman, the Officer in Charge of the police station, to register an FIR against the victims by producing six fresh bullets and claiming that these had been found with the victims. After interrogation Mr. Ajijur Rahman denied to admit the CRPF theory that the victims belonged to any non-state armed organizations as well as to frame them as such. But Mr. Ajijur Rahman himself detained the victims illegally for the whole night instead of making arrangement for their medical treatment. He acted in contravention of strictures of the law of the land and international human rights law, perhaps, as well-known practice of Assam Police suggests, for a few thousand rupees from the victims.

There was an eerie environment of fear and tension everywhere in Barak Valley when the news reached people the next morning. Despite this, some individuals and organizations including Barak Human Rights Protection Committee came into action and contacted senior police officers and the Deputy Commissioner of Cachar. The five victims were sent to the Silchar Medical College and Hospital, Silchar for treatment.

ASI S C Nath stated on 20 March, 2008 at the Office of the Superintendent of Police in the presence of media and social and human rights activists that CRPF personnel themselves had kept the bullets in the pockets of the victims forcibly. Senior CRPF officer S S Bohar made himself present at the SP office a little later and apologized to the people for the incident of the day before. He admitted that CRPF acted wrong information and also promised that there would be an inquiry into the matter. SP, Cachar also promised to take necessary actions in this regard.

On the other hand, Mr. Biswajit Sinha, the OC of Katigorah police station denied to register the complaints filed by the Mr. Ranjit Roy and his two companion victims and by the authority of Nilcherra Loknath Mandir as FIRs. Mr. Ranjit Roy and others alleged in their complaints that Mr Tapan Deb, Mr. Sujit Deb of village Dinanathpur and Mr. Sanjay Mahato of village Chayaranbasti were behind the whole incident. Local people alleged that these three persons are known as CRPF informer as well as members of an AOG having a camp in the area. Mr. Kanailal Bhattacharya, joint secretary of Desh Bondhu Club, was called on his cell number 94353 72029 from +9194356 66043 at 6. 57 pm on 21 March, 2008 and threatened with death apparently for his co-operation with BHRPC fact-finding team. The caller was Tapan Deb and the number from which the call was made is usually used by local chief of the AOG, Mr. Bhattacharya alleged. He also claimed that Mr. Tapan Deb, Mr. Sujit Deb and Mr. Sanjay Mahato have been using the AOG camp as their hideout. Local people also alleged that Mr. Haidar Hussain Laskar, an ASI at Behara Outpost works as an informer of the AOG more than as a police officer on the ground that if he was given any information regarding the trafficking of arms and ammunitions and other illegal activities of the AOG he cautions them instead of taking any actions against them.

In the complaint Mr. Ranjit Roy, Mr. Birbikram Deb and Mr. Raju Kar also alleged that the CRPF personnel took away rupees 2,275.00 (two thousand two hundred and seventy five) only, rupees 6,000.00 (six thousand) only and a wrist watch and rupees 2,320.00 (two thousand three hundred and twenty) only from them respectively at gun point.

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Custodial Death of Motahir Ali and Events in the Aftermath

June 13, 2010

Brief Summery of

The BHRPC Fact-finding Report

on Custodial Death of Motahir Ali and Events in the Aftermath in Kalain, Cachar

BHRPC Ref. No. …………….                                                                            Date………………….

Get the pdf version of the report

It was reported in local media that an innocent citizen was killed by police on 21st September, 2007 at Kalain in the district of Cachar, Assam. The police tortured the victim to death in full public view, allegedly for refusing by the victim and his relatives to pay a gratification of rupees ten thousand to sub-inspector Narain Tamuli, in-charge-officer of Kalain Police Patrol Post under Katigorah Police Station.

Next day, after getting the news, a team was formed by Barak Human Rights Protection Committee to visit the spot, and find the facts about the whole case and submit a preliminary report. According to the sources and witnesses talked with by the BHRPC fact finding team, Motahir Ali Tapadar, 38 was a resident of village Bhatghat in Kalain, a daily wage labourer and a father of 3 children of 9, 5 and 4 years of age. He was a law abiding and peace loving citizen. There were no complaints against him whatsoever other than one in connectionwith which he was taken into custody by the police.

Witnesses revealed that there was a petty quarrel at 11am on 20th September between him and his neighbours, namely, Ala Uddin and Sahab Uddin.The quarrel which led the parties to scuffling actually was originated from the quarrel of the kids of the two neighbouring houses over playthings or games. As a result Sahabuddin lodged a complaint against Motahir Ali which was registered under section 326 etc. of the Indian Penal Code, 1860. At about 12.30 pm Narain Tamuli, the in-charge-officer of Kalain PPP arrested Motahir Ali Tapadar. At 1.30pm both complainant and accused, namely Sahab Uddin and Motahir Ali, were medically examined by Dr Badal Das and only a minor bruise on the forehead of Mr. Tapadar was found which may be caused due to scuffling. There were no wounds whatsoever on the person of the complainant, leave alone such grievous hurt caused by dangerous weapons that can fall under section 326.

Some respectable persons from Bhatghat village and relatives of the detainees went to the PPP to bail them out and settle the dispute amicably. Thry saw, according to the statement of Alimun Nesa Tapadar, wife of the victim, who accompanied the group, that S I Narain Tamuli and other police personnel were beating, kicking, abusing and humiating the victim. Alimun Nesa also alleged that Narain Tamuli administered on her person severe lathi-blows and kicked her in the belly in her condition of pregnancy. Salman Uddin, a minor son of Motahir and Alimun Nesa, who accompanied his mother to see his father, was also beaten badly. When they prayed and beseeched the in-charge officer police got infuriated and denied to release him on bail. The whole night police tortured the detainee mercilessly.

Next day, that is 21st September, at 10.30am when Narain Tamuli brought Mutahir Ali Tapadar out of the station house to take him to court he started administering lathi-blows and kicking incessantly in full view of the people gathered at the adjacent office house of Kalain Gaon Panchayat where flood relief were being distributed. The crowd tried to stop Tamuli in vain. Namar Ali Tapadar and Alimun Nesa Tapadar, brother and wife respectively of the victim, who were also present in the crowd, beseeched Tamuli for mercy with no effect. At this time Tamuli demanded ten thousand rupees from Alimun Nesa but she expressed her inability to pay such a huge sum. Here also Tamuli beaten her and her brother in-law. Being frustrated they went to the Circle Office to file complaint and seek help from Debashis Baishya, circle officer and the nearest magistrate.

When the condition of the victim deteriorated beyond limits Tamuli took him to Kalain Primary Health Centre instead of court. In the PHC too Tamuli kept kicking and beating him. The crowd gathered at a free medical camp, which was then being held there, tried to dissuade him without result. Tamuli continued his ritual until there was no sign of life in the body and it got still. When at 1.30pm Dr Badal Das, in-charge officer of the health centre came and examined he did not declare Motahir Ali dead, though in fact he was, for fear of public fury. Instead, he referred him to the Silchar Medical College Hospital, Silchar where Tapadar was declared dead.

After autopsy of the body of Tapadar at the Silchar Medical College Hospital it was returned to his family members at 1.30am in the night.

Before news came from the Medical College the people could guess the fact and got outraged. Hundreds of local people gathered at 2.00pm around the house of patrol post and started shouting slogans demanding arrest of Narain Tamuli. Police charge them with sticks and bayonet which further infuriated the crowd and they started throwing stones. Police then opened fire and kept firing till 80 rounds were shot. In the firing there was only one severe injury. Shahidur Rahman, 17, who was watching the incident from the roof top of a two storied house, was injured badly in his left leg. He was admitted to Silchar Medical College Hospital; Silchar. .Being terrified by such heavy firing the crowd got dispersed. Then the Police themselves set fire on the patrol post and burnt it down in order to distract the attention of people from the murder case and hush it up. The propaganda that after the death of Mutahir Ali the outraged local people burnt down the patrol post is false and intentional.

The terrified local people shut their mouth tight. At first nobody dared to speak anything about the incident. Subsequently a large number of local people requesting anonymity claimed that some men of police had burnt down the patrol post. They raise two arguments for the claim. Firstly, although there was only one hit and injury the police shot eighty rounds of fire to disperse the mob and no mob can withstand such a large quantity of fire. In fact, exactly this thing happened. The mob got dispersed and fled away after a few rounds of firing. Secondly, fire caught first in the hind part of the patrol post. If the mob had set fire they would have done so in the front part because they were there. Moreover, there is a marsh behind the patrol post house for which it is not possible for the mob to come along this side.

Police registered an FIR against one Faruk Ahmed and other five hundred unidentified persons in connection with the fabricated charges of attempt to murder, causing obstruction to police the performance of their lawful duty etc invoking section 307 etc. of IPC. Police, in connection with this false case, raided, beaten, abused and humiliated family members, relatives and fellow villagers of the victim. Even arrested they arrested three innocent persons, namely Faruk Ahmed, Ibajul Hoque and Imamul Hoque, who were subsequently released on bail by the Gauhati High Court.

When, Saidur Rahmen, the person injured in police firing recovered a little and released from the Medical College Hospital was also arrested by the police which act of the police was termed by the intellectuals of the valley as barbaric and brutal. With the intervention of Barak Human Rights Protection Committee the Superintendent of Jails sent him to the hospital then applied to the court for according permission.

Barak Human Rights Protection Committee thinks that the weight of the arguments can not be denied. There are enough reasons to believe that the police might not have burnt the patrol post themselves but they did so through the agency of hired persons. In fact, the incident of burning down the patrol post is enigmatic and indicative of a deeper and larger conspiracy. The way in which police is desperately over-active in hounding the people in relation to the case of burning down the patrol post despite requests from various quarters not to harass and arrest the innocent people and to call an all-party-meeting to decide further action regarding the case, is indicative of such a conspiracy. The fact of non-registration of an FIR regarding the murder of Mutahir Ali and harassing and arresting innocent people arbitrarily tells of the desperate efforts on the part of the police to save their skin at any cost. The enigmatic web of the whole incident can only be unknotted by an impartial investigation. So the Barak Human Rights Protection Committee strongly demands a CBI probe of the whole incident.

Neharul Ahmed MazumderSecretary General

Urgent Appeal Regarding an Incident Where Army raids a village, assault and molests women in Assam

June 10, 2010

URGENT APPEALS PROGRAMME

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Urgent Appeal No. BHRPC/UA/22/210                    Dated: 08 June 2010

Dear Friends,

Barak Human Rights Protection Committee (BHRPC) forwards this Urgent Appeal issued by Asian Human Rights Commission (AHRC) regarding an incident where army raids a village, assault and molests women in Assam with request to all to take suggested actions.

Yours Sincerely

Waliullah Ahmed Laskar

15, Panjabari Road, Six Mile,

Guwahati-781037, Assam

INDIA: Army raids a village, assault and molests women in Assam
ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMMEUrgent Appeal Case: AHRC-UAC-080-20107 June 2010
——————————————————
INDIA: Army raids a village, assault and molests women in Assam

ISSUES: Violence against women; torture; militarisation; impunity
——————————————————

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the soldiers from a field regiment stationed in Manipur Block, Hailakandi district, Assam illegally raided houses in Mohanpur village and in the process tortured the inmates, molested women and girls and even took their pictures at gun point. It is reported that the soldiers were looking for Mr. Nurul Hoque Barbhuiya, the former elected president of Mohanpur Gaon Panchayat. During the raid that lasted for about half a day, the soldiers destroyed household properties at gun point and opened fire to threaten the villagers who gathered near the house. A pregnant woman who was kicked in her abdomen by the soldiers lost her child in a miscarriage within two days after the incident.

CASE NARRATIVE:

According to the information we have received from the Barak Human Rights Protection Committee (BHRPC), a human right organisation based in Assam, the soldiers from 117/33 Field Regiment stationed at Manipur Block, Hailakandi, Assam state raided the house of Mrs. Hawatun Nesa, wife of Mr. Nurul Hoque Barbhuiya at about 3.30am on 23 May 2010 in Mohanpur village. Hawatun is the president of Mohanpur Gaon Panchayat, a position previously occupied by her husband Nurul.

There were about 17 soldiers who entered the house and all of them had their face covered by black cloth. The soldiers knocked at the front door of the house at about 3.30am when the family was sound asleep. Hawatun opened the door. Without warning, the soldiers marched into the house and asked Hawatun where her husband Nurul was. Hawatun replied that Nurul is not at home as he had gone to a relative’s house in a nearby village a day before. The soldiers refused to believe this and started searching the house.

They ordered everyone to get off from their bed. 82-year-old Mr. Mashur Ali Barbhuiya, Nurul’s father was unable to get from the bed since he requires help to get up. The soldiers dragged Mashur from the bed holding him by his throat. Then the soldiers started beating 65-year-old Mrs. Fulerun Nesa, Nurul’s mother accusing her that she is hiding Nurul. Then the officers started destroying household goods and furniture including chairs, tables, drawers, wardrobes and cooking utensils. The soldiers were not accompanied by women soldiers or women police officers from the local police station, which is a mandatory requirement under the law. The soldiers did not inform the family why they were looking for Nurul.

At about 7.30am the villagers gathered around the house to see what was going on in Nurul’s house. At the time some of the soldiers came out of the house and fired a few shots into the air asking the villagers to stay away. The soldiers did not allow Hawatun to feed her children and others inside the house till 2.30pm. When she requested the soldiers to allow her to feed the family, a soldier pointed his rifle at her and ordered that she must feed the soldiers rather than her family and forced her to make tea and cook snacks for the soldiers to eat. They refused her to feed her family members until the soldiers left.

In the meanwhile some soldiers went to the neighbouring house where Mr. Moinul Hoque Barbhuiya resides with his family. The soldiers searched this house also. Mrs. Rejwana Parvin Barbhuiya, aged 24 years, the eldest daughter of Moinul who was recently married was home at the time. The soldiers molested her and her two younger sisters, Sabina Yasmin Barbhuiya aged 14 years and Shahnaj Yasmin Barbhuiya aged 17 years, by holding the girls by their arms and pulling them towards them with a gesture to have sex with them in front of their father.

The soldiers threatened that they have weapons and that they could do anything to them if they refused to come closer. They threatened that they could rape the girls in front of their father. One of the soldiers asked the girls and their elder sister to come along with them if they wanted to have sex away from their home and parents. Then the soldiers took turns to take the pictures of the girls and their elder sister with their mobile telephone camera.

Rejwana informed the BHRPC that she had to beg and plead with the soldiers not to rape herself or her sisters. Rejwana informs that her sisters and she are traumatized by the incident and they find it difficult to speak to their father who witnessed helplessly while his daughters were abused by the soldiers.

The soldiers during the raid in Hawatun’s house also engaged in pilferage. They took dress, cosmetics, utensils and gold ornaments belonging to the family when they left the house. The articles stolen from the house is approximately of Rs. 70,000 in value. Hawatun also accuses that the soldiers took Rs. 20,000 in cash that they found inside the house.

Before leaving, the soldiers forced Hawatun to sign documents that they had prepared and forced her to affix her official seal in the documents. The soldiers also took by force documents belonging to the Panchayat that Hawatun had kept at home. The soldiers took two mobile telephones from the house with its SIM cards with registered numbers 9854621923 and 9435582945 used by Nazim Uddin, Hawatun’s brother, and that of Hawatun. Hawatun’s brother’s telephone was returned on 25 May.

While the soldiers were still at Hawatun’s house some other soldiers were on the rampage in the village. At about 5am, they raided yet another house. This house belonged to Mr. Mujammil Ali Barbhuiya and is about 0.5kms away from Hawatun’s house. When the soldiers entered the house compound Ali was getting ready to go to his farm. The soldiers stopped him and demanded to know where Nurul is. When Ali informed the soldiers that he did not know where Nurul was they assaulted him with a bamboo stick and started hitting him with their rifle butt. Ali fell down and his cloths were torn. Ali’s wife Rushna Begum came running to rescue Ali from the soldiers. But she was also kicked around and beaten by the soldiers. The soldiers stopped assaulting Ali when they saw yet another villager Mr. Abdul Jalil Laskar, aged about 65 years on the street.

Laskar was going to the mosque for his morning prayers. The soldiers grabbed Laskar by his dress and without asking anything started beating him. Some persons who happened to witness this tried to intervene and they were also beaten up by the soldiers. Mrs. Latiful Begum Barbhuiya, aged 35 years, Sharmina Begum, aged 12 years and a mentally challenged boy, Imran Hussain aged 14 years are among those who were beaten up. Mrs. Suretun Nesa, aged about 30 years was beaten up by the soldiers and kicked in her abdomen. Suretun Nesa was in her advanced stage of pregnancy and on 25 May she had a miscarriage at Silchar Medical College and Hospital due to the injuries suffered to her womb from the assault.

Another group of soldiers at about 6am went to yet another house belonging to Mr. Amit Das. The soldiers asked Das about Nurul for which Das replied that he did not know about Nurul’s whereabouts. Immediately the soldiers started beating him, whereby he sustained serious injuries on his leg. Das is currently under treatment at Community Health Centre, Mohanpur. It is reported that the soldiers refused to allow anyone to leave the village to seek medical help until they left.

It is suspected that the raid and assault was carried out for wrecking political vengeance against Nurul and his wife, who are popular among the villagers. Both husband and wife do not belong to any political parties and during their tenure as the president of the local panchayat they are trying to root out corruption in the distribution of funds in the government schemes. It is widely believed among the villagers that the some local politicians are behind instigating the soldiers to raid the village in an act of vengeance against Nurul and his wife since they have so far refused to join any political parties.

ADDITIONAL INFORMATION:

The BHRPC contacted Subedar Mr. Yadav at the 117/33 Field Regiment in Manipur Block on 4 June at about 12pm. The officer informed BHRPC that the operation was conducted based on the information provided from anonymous sources, but the identity of the suspect was mistaken and that they have apologised to Hawatun about the incident. Yet the officer insisted that he need to meet Nurul.

At about 1pm Captain Mr. Amit Gautom, COB Commander contacted BHRPC from the telephone number +91 9435742088. The Captain informed BHRPC that the raid was conducted by the 117/33 Field Regiment. When the Captain was questioned about the absence of any police officer during the raid he first replied that it is not required under law. When confronted about his misinterpretation of the law, quoting from the Naga People’s Movement for Human Rights case as decided by the Supreme Court of India, the Captain claimed that the raiding party was accompanied by a police constable from Katlicherra Police Station. However, the BHRPC claims that Mohanpur is outside the jurisdiction of Katlicherra Police Station.

The Captain further claimed that they did not injure, torture or abuse anyone during the raid and that the soldiers did not destroy any property. He claimed that Hawatun has signed a document to prove this. Hawatun as well as her family members claim that the document was signed by Hawatun at gunpoint and that she was not informed about the content of the document. It has to be noted that this is a common practice employed by soldiers and police officers when they conduct illegal house raids in India. The AHRC has reported cases in the past where soldiers and police officers resorting to such practices.

The Captain further informed BHRPC that Hawatun and her husband need not be afraid if they are innocent. The Captain also claimed that the army will use force only when required. Yet the Captain insisted that Nurul and Hawatun must come to their camp and meet the Captain. He also threatened that there would be further raids in the village if the army receive any information and insisted that the raid on 23 May was not conducted on any mistaken identity.

The police so far have refused to register any case concerning the incident. Two complaints however are filed at Algapur Police Station, one by Hawatun and the other by Abdul Jalil. The police accepted Hawatun’s complaint but refused to register any formal case. As for Abdul’s complaint, the police asked him to go home and refused to register a case based on his complaint. The police told Abdul that he must be happy that he is alive after his encounter with the army and that he should not complain and if he insisted, the army would get him and finish him off in some other excuse.

It must be noted that the army has no right whatsoever to summon a civilian to their camp and has no legal mandate to engage in crime control or other operations in the area unless for supporting police operations. The local police must immediately record the statement of the injured and the witnesses to the incident. This is a clear case of abuse of authority by the army and such acts must not be allowed to recur. In addition, the soldiers conducting house raids without informing their ranks and names with their face cowered is a direct violation of law against which the unit’s immediate commanding officer must be punished.

The villagers also fear for the safety of Nurul and his wife Hawatun. They say that if the husband and wife try to pursue their case against the soldiers, they will come again and kill both of them and later claim that they were killed in an armed encounter, a phenomenon common in the region and there would be no inquiry into the case at all. But Nurul and Hawatun are confident that if there is enough pressure, there will be an investigation into the incident and the soldiers will be punished.

SUGGESTED ACTION:

Please write letters to the authorities mentioned below, in particular to the Defence Minister of India and the Chief Minister of Assam, expressing your concern in the case. The statements of the victims and witnesses must be recorded by a judicial magistrate and the Army has a legal as well as moral duty to inform the civilian authorities about the identities of the officers involved in the raid. The AHRC is writing separate letter of concern to the UN Special Rapporteur on violence against women calling for an intervention in the case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear __________,

INDIA: Illegal army raid in Mohanpur, Assam must be investigated

Name of injured victims:
1. Mrs. Suretun Nesa, aged about 30 years, wife of Mr. Altaf Hussain Barbhuiya
2. Mr. Abdul Jalil Laskar, aged about 65 years
3. Mrs. Latiful Begum Barbhuiya, aged about 35 years
4. Ms. Sharmina Begum, aged about 12 years
5. Imran Hussain, aged about 14 years
6. Mr. Amit das, aged about 35 years, son of Umesh Das
7. Mr. Mashur Ali Barbhuiya, aged about 82 years
8. Mrs. Fulerun Nesa, aged about 65 years
9. Mrs. Hawatun Nesa, aged about 30 years
Name of the threatened victims:
1. Mr. Nurul Hoque Barbhuiya, aged about 42 years
2. Farhat Parvin Kawsar Barbhuiya, aged about 9 years, daughter of Nurul Hoque Barbhuiya
3. Rahat Parvin Kawsar Barbhuiya, aged about 7 years, daughter of Nurul Hoque Barbhuiya
4. Fuzail Ahmed Barbhuiya, aged about 6 years, son of Nurul Hoque Barbhuiya
5. Mikail Ahmed Barbhuiya, aged about 3 years, son of Nurul Hoque Barbhuiya
6. Mr. Moinul Hoque Barbhuiya
7. Mrs. Rejwana Parvim Barbhuiya, aged about 24 years, daughter of Moinul Hoque Barbhuiya
8. Ms. Sabina Yasmin Barbhuiya, aged about 14 years, daughter of Moinul Hoque Barbhuiya
9. Ms. Shahnaj Yasmin Barbhuiya, aged about 17 years, daughter of Moinul Hoque Barbhuiya
All the above victims are the residents of Mohanpur village, Hailakandi district, Assam

Names of the perpetrators:
1. About 17 unidentified soldiers under the command of Captain Mr. Amit Gautom, stationed at 117/33 Field Regiment stationed at Manipur block, Hailakandi District, Assam
2. Captain Mr. Amit Gautom, of 117/33 Field Regiment stationed at Manipur block, Hailakandi District, Assam

Date of incident: 23 May, 2010
Place of incident: Mohanpur village, Hailakandi district, Assam

I am writing to voice my concern regarding the case of an illegal army raid held on 23 May 2010 in Mohanpur village, Hailakandi district Assam, in which several persons were seriously injured and several others threatened by the soldiers of 117/33 Field Regiment stationed at Manipur block, Hailakandi District under the command of Captain Mr. Amit Gautom.

I am informed that about 17 soldiers on 23 May 2010 at about 3.30am raided the house of Mrs. Hawatun Nesa, the president of Mohanpur Gaon Panchayat, a position previously occupied by her husband Nurul Hoque Barbhuiya. I am informed that the soldiers were looking for Nurul, Hawatun’s husband.

It is reported that the soldiers who entered the house had their face covered by a black cloth thereby concealing their identity, which is illegal in India. The soldiers knocked at the front door of the house at about 3.30am when the family was sound asleep and asked for Nurul when his wife Hawatun opened the door. I am informed that without being accompanied by any woman soldiers or police officers and without offering the women in the house to step outside the house, the soldiers marched into the house and asked Hawatun where her husband Nurul was. This again is a clear violation of Indian laws, in particular the several directives issued by the Indian Supreme Court concerning state agencies, including police and the military, conducting house raids and the Criminal Procedure Code, 1973.

I am informed that Nurul was not at home at the time of the raid since he had gone to a relative’s house in a nearby village a day before. It is reported that the soldiers refused to believe the statement given by Hawatun that her husband is not at home and started searching the house.

It is reported that the soldiers then ordered everyone to get off from their bed. I am aware that 82-year-old Mr. Mashur Ali Barbhuiya, Nurul’s father was unable to get up from his bed since he required help and that the soldiers dragged Mashur from the bed holding him by his throat. The soldiers reportedly assaulted 65-year-old Mrs. Fulerun Nesa, Nurul’s mother accusing her that she is hiding her son. It is reported that the officers then destroyed household goods and furniture including chairs, tables, drawers, wardrobes and cooking utensils. Until today the soldiers have not informed why they are looking for Nurul.

It is reported that at about 7.30am the villagers gathered around the house to see what was going on in Nurul’s house. At the time some of the soldiers came out of the house and fired shots into the air asking the villagers to stay away. I am informed that the soldiers did not allow Hawatun to feed her children and others inside the home till 2.30pm whereas the soldiers forced Hawatun to make them tea and snacks. I am aware that the soldiers refused anyone in the house to have food until they left.

I am also informed that while some soldiers stayed at Hawatun’s house some soldiers went to the neighbouring house where Mr. Moinul Hoque Barbhuiya resides. I am informed that the soldiers searched this house and in the process molested Moinul’s daughters who were in the house at the time. Mrs. Rejwana Parvin Barbhuiya, aged 24 years, the eldest daughter of Moinul who was recently married was home at the time. The soldiers molested her and her two younger sisters, Sabina Yasmin Barbhuiya aged 14 years and Shahnaj Yasmin Barbhuiya aged 17 years, by holding them by their arms and pulling them towards them with a gesture to have sex with them in front of their father.

I am informed that the soldiers threatened that they have weapons and that they could do anything with the girls and the woman if they refused. It is reported that the soldiers threatened that they could rape the girls and the woman in front of their father. One of the soldiers asked the girls and their elder sister, Rejwana, to come along with them if they wanted to have sex away from their home and parents. It is reported that the soldiers then took turns to take the pictures of the girls and their elder sister with their mobile telephone camera.

Rejwana has informed the BHRPC, a local human rights organisation that she had to beg and plead with the soldiers not to rape herself or her sisters. It is reported that Rejwana and her sisters are traumatized by the incident and they find it difficult to speak to their father who witnessed the incident helplessly while they were abused by the soldiers.

It is alleged that the soldiers during the raid in Hawatun’s house also engaged in pilferage. Hawatun claims that the soldiers took dress, cosmetics, utensils and gold ornaments belonging to the family when they left the house. The articles stolen from the house is approximately of Rs. 70,000 in value. Hawatun also accuses that the soldiers took Rs. 20,000 in cash that they found inside the house.

I am also informed that before leaving the soldiers forced Hawatun to sign documents that the soldiers had prepared and forced her to affix her official seal in the documents. It is reported that the soldiers also took by force documents belonging to the Panchayat that Hawatun had kept at home. Hawatun claims that the soldiers took two mobile telephones from the house with its SIM cards with registered numbers 9854621923 and 9435582945 used by Nazim Uddin, Hawatun’s brother, and that of Hawatun. Hawatun’s brother’s telephone was returned on 25 May.

I am also informed that while the soldiers were still at Hawatun’s house some other soldiers were on the rampage in the village. It is reported that at about 5am, they raided yet another house belonging to Mr. Mujammil Ali Barbhuiya. When the soldiers entered the house compound it is reported that Ali was getting ready to go to his farm. It is alleged that the soldiers stopped him and demanded to know where Nurul is. I am informed that when Ali told the soldiers that he did not know where Nurul was they assaulted him with a bamboo stick and started hitting him with their rifle butt.

Ali fell down and his cloths were torn. Ali’s wife Rushna Begum came running to rescue Ali from the soldiers. But she was also kicked around and beaten by the soldiers. The soldiers stopped assaulting Ali when they saw yet another villager Mr. Abdul Jalil Laskar, aged about 65 years on the street.

I am informed that Laskar was going to the mosque for his morning prayers when the soldiers grabbed him by his dress and without asking anything started beating him. It is reported that persons who happened to witness this when tried to intervene they were also beaten up by the soldiers. Mrs. Latiful Begum Barbhuiya, aged 35 years, Sharmina Begum, aged 12 years and a mentally challenged boy Imran Hussain aged 14 years, are among those who were beaten up.
Mrs. Suretun Nesa, aged about 30 years and wife of Mr. Altaf Hussain Barbhuiya also was beaten up by the soldiers and kicked in her abdomen. Suretun Nesa was in her advanced stage of pregnancy and on 25 May she had a miscarriage at Silchar Medical College and Hospital due to the injuries suffered to her womb from the assault.

I am further informed that another group of soldiers at about 6am went to yet another house belonging to Mr. Amit Das. The soldiers asked Das about Nurul for which Das replied that he did not know about Nurul’s whereabouts. Immediately the soldiers started beating him, whereby he sustained serious injuries on his leg. I am informed that Das is currently under treatment at Community Health Centre, Mohanpur. It is reported that the soldiers refused to allow anyone to leave the village to seek medical help until they left.

Nothing is known as to why the soldiers conducted the raid and for what purpose are they looking for Nurul. I am informed that the raid was conducted by soldiers under the command of Captain Mr. Amit Gautom of 117/33 Field Regiment stationed at Manipur block, Hailakandi District. I am informed that the Captain has ordered Nurul and Hawatun to be present in his camp, an order he is legally unfit and have no powers to issue.

I am certain that the deployment of army detachment units in Assam is for the singular purpose of aiding operations by the local police and that the army has no legal mandate to engage in either crime control of carryout investigations or house raids without police assistance. I am also certain that the law in India mandates the army can enter houses only if they suspect that an enemy or a terrorist is harboured in the house. In all these circumstances they are expressly prohibited to cover their face or take similar measures to cover their identity. This very act forces me to suspect that the soldiers were operating illegally, for which they have to be punished. Captain Amit Gautom, being the immediate commanding officer of the unit engaged in the raid, must be immediately punished for his command responsibility, even if he was not directly present in the raid.

The army also has a moral as well as legal duty to divulge the identities of the soldiers involved in the raid to the civilian authorities, in particular the Algapur Police Station, where a complaint has been registered against the incident.

I am informed that the police so far have refused to register any formal case concerning the incident. Two complaints however are filed at Algapur Police Station, one by Hawatun and the other by Abdul Jalil. It is reported that the police accepted Hawatun’s complaint but refused to register any formal case based on his complaint. As for Abdul’s complaint, the police asked him to go home and refused to register a case. It is reported that the police told Abdul that he must be happy that he is alive after his encounter with the army and that he should not complain and if he insisted, the army would get him and finish him off on some other excuse.

I therefore request you to:
1. Make appropriate arrangements so that the statements of the victims and the witnesses in the case are recorded by a judicial magistrate;
2. The soldiers involved in the incident, in particular Captain Mr. Amit Gautom, and the soldiers involved in the raid are suspended from active duty and detained by the military police;
3. That the complaint filed by Hawatun at Algapur Police Station is converted into a formal case after registering a First Information Report and Crime; and the case be investigated by the police;
4. The soldiers involved in the raid handed over to the custody of the local police and produced before a Judicial Magistrate, charged with the offense as alleged in the complaint filed by Mrs. Hawatun;
5. The complaint filed by Mr. Abdul Jalil at Algapur Police Station be accepted to records and a similar procedure initiated as in the complaint filed by Mrs. Hawatun;
6. The Army Command conducts an impartial inquiry into the incident and actions initiated to prevent the soldiers from misusing their presence in the district among civilian population for acts that could be termed as ‘unbecoming of a soldier’.

I’m looking forward to your intervention in this case.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. A. K. Anthony
Defence Minister
Government of India
104 South Block
New Delhi
INDIA
Fax: +91 11 23015403

2. Dr. P. Chidambaram
Minister, Ministry of Home Affairs
Griha Mantralaya Room
No. 104, North Block Central Secretariat
New Delhi 110001
INDIA
Fax: +91 11 2301 5750, 2309 3750, 2309 2763

3. Mr. Tarun Gogoi
Chief Minister of Assam
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2262069

4. Chief Secretary
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2260900
Email: psccy_it@assam.nic.in

5. Director General of Police
Assam, Ulubari
Guwahati-7, Assam
INDIA

Thank you.

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

Posted on 2010-06-07

AHRC URL: http://www.ahrchk.net/ua/mainfile.php/2010/3473/

BHRPC URL:

BHRPC Fact-finding Report on Army Atrocity in Mohanpur, Hailakandi

May 27, 2010

Vandalism by Soldiers in Assam Causing Grievous Hurts and Miscarriage

Report in the Portable Document Format (pdf)

In another atrocious incident in Assam soldiers of the Indian army illegally raided several houses in a village, indiscriminately beaten up many people including bed-ridden aged persons, expectant mother causing miscarriage, children and disabled persons causing grievous injuries to them in the district of Hailakandi on 23 May, 2010. They molested young girls and attempted to rape them. They also reportedly robbed a family of all their cash and other valuables. There are strong fears among the villagers that the incident may be repeated and worse. Extrajudicial killings by state agents are common in this part of India, and impunity remains a severe problem.

BHRPC received information that at about 3.30 am on 23 May, 2010 a group of 16/17 soldiers belonging to the artillery 11 field regiment from their base at Arunachal, Silchar knocked at the door of Mr Nurul Hoque Barbhuiya (better known to the local people as Samoi Panchayat), former president of Mohanpur Gaon Panchayat (GP, elected village level local government body, village counterpart of municipality) and husband of the present president, aged about 42, of village Mohanpur under the jurisdiction of Algapur police station in the district of Hailakandi in Assam. Mohanpur is a village situated at a distance of about 15 kilometres to the northward from Hailakandi town.

Having received information a team from BHRPC visited the village and talked with victims, their relatives, doctors treating them and other villagers and collected evidence from them. BHRPC also talked with police officers including the officer in charge of Algapur police station. The information received reveal that the soldiers were in uniform and their faces were covered with black clothes. They were not accompanied by a police officer or any other representative of the civil administration.

When the present GP president Mrs Hawatun Nesa, wife of Nurul Hoque Barbhuiya, aged about 30 years, opened the door the soldiers entered the house and asked for Samoi Panchayat, her husband. She told them that he did not return home last night from the house of a relative in another village where he went the day before. They started searching for him in all the rooms and asked the inmates to get up from bed. They wrung the throat of 82 year old bed-ridden father of Samoi Panchayat Mr Mashur Ali Barbhuiya because he could not immediately drag his body from the bed, which normally he hardly can do without help. They also beat up 65 year old mother of Samoi Panchayat Mrs. Fulerun Nesa accusing her of hiding her son. The soldiers then started breaking and destroying household goods such as furniture including chairs, tables, beds, drawers, wardrobes etc. and utensils.

Mrs Hawatun Nesa Barbhuiya stated that when in the morning at approximately 7.30 am people from the locality tried to see what is going on the soldiers opened fired. They fired in the air three times at which the whole village got terrified. She was not allowed to feed her five children and ailing elders till the soldiers left her house at about 2.30 pm in the evening. When she tried they abused her and threatened her by pointing gun at her ear and they forced her to serve them tea and snakes several times.

Her daughters Farhat Parvin Kawsar Barbhuiya aged about 9, Rahat Parvin Kawsar Barbhuiya aged 7, and sons Fuzail Ahmed Barbhuiya aged about 6, Suhail Ahmed Barbhuiya aged about 5 and Mikail Ahmed Barbhuiya aged 3 were badly traumatised. BHRPC members observed that the children developed some syndrome of trauma such as they could not sleep well in the night due to several interruptions by nightmares, they even experience hallucinations that armed men are trying to kidnap them in waking hours, they shudder and break down into weeping even at indirect mentions of the incidents.

In the mean time, some of the soldiers went to the adjacent house belonging to Mr Moinul Hoque Barbhuiya and purportedly searched for Samoi Panchayat. Mrs Rejwana Parvin Barbhuiya aged about 24, the older daughter of Moinul Hoque who is married and came for a few days to her father’s house, stated that two soldiers seriously misbehaved with her younger sisters namely Sabina Yasmin Barbhuiay aged about 14, a student of class VIII, and Shahnaj Yasmin Barbhuiya aged about 17 and studying in class XI. The soldiers repeatedly proposed them for sex and elopement in front of all family members and other soldiers. They grabbed their hands and engaged in scuffling with them. They also told the girls that they are soldiers with big guns and they can do anything with them. The soldiers threatened that if they would not comply they would be abducted and raped. They took the photos of the girls in their mobile sets. Rejwana told that she managed to protect the girls somehow from the worst. But they also got traumatised.

Mrs Hawatun Nesa also stated that the soldiers took away items of apparel, cosmetics, utensils and jewellery etc. bought to be given as wedding gift to Shahnaj at her marriage fixed to be solemnised on 26 May, 2010 worth approximately Rs. 70, 000.00 (seventy thousand) and Rs. 20, 000.00 (twenty thousand) cash. She also stated that the soldiers took signatures of Rejwana and herself in a paper written something on it which they did not allow her to read and they used her official stamp in the paper. They did it at gun point. The soldiers took away some official documents and papers belonging to the GP office. They also took away two mobile phones with SIMs with the numbers +919854621923 and +919435582945 used by Mr. Nazim Uddin, brother of Hawatun Nesa, and Hawatun Nesa respectively. However, the mobile used by her brother was returned to Hawatun Nesa on 25 May, 2010. She filed a complaint to the officer in charge (OC) of Algapur Police Station (PS) but police did not register a First Information Report (FIR).

Some other soldiers were also on rampage at the same time in other parts of the village. At about 5 am they raided the house of Mr. Mujammil Ali Barbhuiya, aged about 35, son of late Namor Ali Barbhuiya of Mohanpur part VI, half a kilometre away from the house of Samoi Panchayat. Mujammil Ali lives by farming his lands and at that time he was preparing to go to his farming field for work. Soldiers stopped him and asked whether he knows the whereabouts of Samoi Panchayat. But at his expression of ignorance they started beating him with the butts of gun and bamboo sticks. When he fell to the ground they kicked him incessantly. His clothes were torn into pieces. When his wife Mrs Rushna Begum Barbhuiya tried to rescue him they also beat her up.

They left severely injured Mujammil Ali when they saw another old man Mr. Abdul Jalil Laskar, aged about 65, in the street, who was going to the nearby mosque to participate in the morning prayer. They grabbed him and without much ado started administering severe blows of gun butts and bamboo sticks on the fragile body of the old man. When people tried to intervene they were also beaten up. Mrs. Latiful Begum Barbhuiya, a woman aged 35, Sharmina Begum, a girl aged 12 and a mentally retarded boy Imran Hussain aged about 14 were also badly beaten up. An expectant mother of about 9 months of gestation Mrs. Suretun Nesa (aged about 30, wife of Altaf Hussain Barbhuiya) was not spared. The soldiers kicked her in the abdomen and as a result she suffered miscarriage on 25 May, 2010 at the Silchar Medical College and Hospital, Silchar.

Another group of soldiers at about 6 am went to a nearby house belonging to Amit Das (known also as Sona Das, aged about 35, son of late Umesh Das). They also asked him about Samoi Pachayat and when he told them that he did not know where he is, they started beating him. He sustained injuries on his legs and is under treatment in the Community Health Centre, Mohanpur. It is also reported that soldiers even tried to prevent the wounded and injured from going to hospital.

The villagers are as much terror struck as surprised by the incidents. They are at a loss to explain the incidents. As there is no complaint against Samoi Panchayat with the police or any other authorities. He is a peace loving public spirited person. According to the persons BHRPC team spoke with, Samoi Panchayat is a very respectable person in the village. People love and trust him. He was elected as the GP president for two consecutive terms and when in the last election the seat fell under the quota for women his wife got elected with a huge margin. Some villagers requesting anonymity told that they saw political conspiracy behind the incidents. Neither Samoi Panchayat nor his wife is a member of a political party. They are independent politicians. They also don’t divide funds for rural development schemes that are implemented by the Panchayat among politicians and officials as is the practice in many other GPs. These villagers think that some of the politicians, most probably, belonging to ruling congress party might want to teach Samoi Panchayat a lesson and for this purpose they are using the army.

There are fears among the villagers for the safety of Samoi Panchayat and two girl children Sabina and Shahnaj. BHRPC is also very concerned for their safety and physical and psychological integrity of all victims and other villagers.

It is obvious that the actions of the soldiers don’t come within the rules of any civilised society. They not only violated human rights of the villagers but also violated the law of the land and committed serious crimes of house trespass, robbery, grievous hurt, causing miscarriage, attempted rape, molestation, assault, criminal intimidation and so on with intent to terrorise the people for political purpose like members of a terrorist group.

Report prepared by

Waliullah Ahmed Laskar

For BHRPC

On 26 May, 2010-05-26

At Guwahati, Assam

Brief Summery of The BHRPC Fact-finding Report on Kalam Uddin of Jirighat

May 25, 2010

Brief Summary of

The BHRPC Fact-finding Report

on Torture of Kalam Uddin of Jirighat and His Family by Army in Assam

BHRPC Ref. No. ……………. Date………………….

Report in Portabel Document Format (pdf)

Barak Human Rights Protection Committee (BHRPC) has received information that on 13 April, 2010 about 20 armed men belonging to 11 Field Regiment camping at Labok in the jurisdiction of Lakhipur Police Station (PS) in the district of Cachar in Assam (India) abducted Kalam Uddin Choudhury alias Kala, a daily wage labourer aged about 22 years, son of Dolu Mia Choudhury of village Makhon Nagar under the Jirighat Police Station in the same district. They tortured and kept him in incommunicado detention for about 24 hours. During the raid at the dead of night, the armed forces allegedly beaten up and humiliated all the inmates of the house, vandalised household goods and forcibly taken away 2 mobile phone handsets and other valuables with them. When on 14 April, 2010 the villagers, with the help of Yasin Ali, Officer in Charge (OC) of Jirighat Police station, found him out in the said Labok camp, the army lodged a First Information Report vide Jirighat P. S. Case No. 12 of 2010 under section 120B and 384 of the Indian Penal Code, 1860 (IPC) accusing Kala of hatching criminal conspiracy and extortion.

BHRPC members visited Makhon Nagar and talked with the family members of the victim, villagers and other persons related to the incident. From the information thus gathered it becomes clear that Dolu Mia Choudhury is a respectable person in his village, although the family is very poor. He held the post of Secretary for many years in the Village Defence Party (VDP), a village level committee which is formed by, and functions under the supervision of, the local police station. His son Kala works as a daily wage labourer having some skills in masonry. In November, 2008 Niam Uddinof village Hatirhar, Lakhipur Police Station (Cachar), who constructs small buildings in Imphal, Manipur under contract, hired Kala and took him to Imphal where the later worked for about four months as was employed by his hirer. But all of a sudden Niam Uddin disappeared one day without paying Kala anything and for many days Kala could not trace him. Kala returned home in January, 2010

After returning home Kala tried working at nearby places. On 9 April, 2010 Kala suddenly saw Niam Uddin at Jiribam, a town in Manipur bordering Assam adjacent to Jirighat, and demanded his money, which according to him was Rs. 26, 000. 00 (twenty six thousand). An altercation ensued between them. According to Dolu Mia Choudhury, Niam Uddin told his son that if he would keep demanding money he would be taught a very bitter lesson which he would not be able to forget in his life.

And then….. Dolu Mia Choudhury stated that at midnight on 13 April when all were sleeping he heard someone heavily knocking at his door. The knockers were claiming to be police and demanding the door to be opened immediately, which he obeyed. They told him that they were from army and they needed to search his house. When he enquired about search warrant and asked why they came alone without being accompanied by police officers from local police station, or the president of Gaon Panchayat (elected village level local government body, village counterpart of municipality), or the secretary of the VDP, they told him to keep quiet and started beating and kicking him. They tied him with a pillar in the veranda tying his hands at his back. They also entered a handkerchief into his mouth. At the sound of scuffle and his muzzled shriek others sleeping in his house woken up and tried to rescue him. Everybody including his aged and sick wife, daughters, sons and daughters-in-law ended up being beaten, kicked and tied. And then the brave soldiers of Indian army entered the house and vandalised everything they could find. They took two mobile handsets and some other valuables.

At the hue and cry people living nearby got awaken and started to rush to the spot. But there were army personnel at various points in the village road who stopped the people and sent them back forcibly by beating and abusing them. Present VDP Secretary Abdul Hoque Choudhury and some other members of the VDP such as Ajir Uddin, Nasir Uddin, Minhaj Uddin stated that they took their identity cards and badges provided by the police and ran towards the origin of the clamour and they also were stopped, their cards and badges were snatched away and they were also subjected to heavy beatings. But in other ways that were unknown to the army they could manage to reach the spot and they witnessed the subsequent events.

The witnesses stated that when they reach the spot they saw the army personnel asking Dolu Mia to produce ‘the gun’ according to them which he illegally possessed. Dolu Mia told them that he did not have any gun at which he received another round of beatings and kicking. The army personnel again searched the house, but in vain. Then one of the personnel called someone by the name of Monir Uddin and asked him to indentify the person who they wanted to pick up. Monir Uddin showed Kala and told them he is the person. They took him away with them without telling his family members and gathered villagers any reasons for such actions. The army also took signatures of Dolu Mia in three blank papers.

A group of villagers led by the VDP Secretary Abdul Hoque Choudhury went to Jirighat police station and woke up the Officer in Charge Yasin Ali. They narrated the whole story before him. The OC made a few phone calls and then told them that he could do nothing in the night. He asked them to come the next day early morning. The police officer with a few constables along with the villagers started searching for the boy. They searched each and every army camp within the jurisdiction of Jirighat police station. But the boy was found nowhere. The OC told them that without gathering information it is no use to continue search in this way.

On 14 April the boy was indeed found in the Labok Army camp, which is under the jurisdiction of Lakhipur police station. His condition was very bad. He was losing and gaining his consciousness. The Jirighat police took him into custody and then sent him to Jirighat New Primary Health Centre. He was examined by Dr. D Das, medical officer there.

A few hours later N. K. Subeder, N. Shri Varman from 11 Field Regiment came to the police station and produced a letter bearing letter head of People’s United Liberation Front (PULF) allegedly written by Kala demanding money from someone. Kala vehemently denied it. He stated the police that the army made him to sign the paper at gun point. Other people present there from his village including Abdul Hoque Choudhury told the police that they knew Kala well and he is a very peaceful boy, who never even mildly assaulted any person. They told that they believed army is trying to frame him. Nevertheless, the police registered a case against Kala under section 120B and 384 of IPC as Jirighat P. S. Case No. 12 of 2010. He was produced before the Magistrate on 15 April and sent to the judicial custody.

BHRPC also tried to gather information about the person whom the raiding army personnel asked to identify the intended person. It came out that Monir Uddin of Ujan Tarapur under Lakhipur police station is a person known as “army informer” and has a reputation of framing people in exchange of a few thousand bucks. According to the local people, if any body has any enmity or grudge against anybody they can teach the intended person a lesson paying Monir Uddin a few thousand rupees. In turn Monir Uddin gives a feast to his friends in the army or maybe some money also and they will take the intended actions, claimed the local people.

Monir Uddin has also some serious criminal cases against him. In many of these cases he was accused of robbery, kidnap, murder, rape etc. A few days back he was arrested by Silchar police station but sometimes later he was also released mysteriously.

BHRPC thinks that there are reasons to believe that Niam Uddin (of Hatirhar) contracted Monir Uddin for a few thousand to teach Kala the lesson he promised when the later demanded his money. Monir Uddin activated his friends in the army and they done their job.

The army for a feast or a few thousand Indian currencies acted like organized criminals flouting the Indian laws regarding search, seizure and arrest. They indulged in severe torture, incommunicado detention and other forms of gross violation of human rights guaranteed in the constitution of India and enshrined in the International Covenant of Civil and Political Rights of 1966 to which India is a party

Neharul Ahmed Mazumder

Secretary General


.

Soldiers Beat a Family and Illegally Arrest and Torture a Young Man after Accepting Bribes in Assam

May 6, 2010

 

URGENT APPEAL PROGRAMME

BHRPC UA No. 14/2010

Soldiers Beat a Family and Illegally Arrest and Torture a Young Man after Accepting Bribes in Assam (Click Here)

Barak Human Rights Protection Committee (BHRPC) forwards this Urgent Appeal issued by Asian Human Rights Commission (AHRC) regarding an incident where soldiers beat a family and illegally arrest a young man after accepting bribes in the Indian state of Assam urging all viewers to take suggested actions. (See the Urgent Appeal)

Waliullah Ahmed Laskar (Wali)

For and on behalf of BHRPC

Guwahati, Assam

Email: wali.laskar@gmail, bhrpc.net@gmail.com

Mobile: +919401134314

Date: 05-05-10

Place: Guwahati

(See the Urgent Appeal)

Statement of BHRPC Regarding False Charge, Illegal Detention and Torture of a Boy in Cachar, Assam by Army

April 23, 2010

Statement of BHRPC Regarding False Charge, Illegal Detention and Torture of a Boy in Cachar, Assam by Army

PDF Version of the Statement

Barak Human Rights Protection Committee (BHRPC) expresses deep concern over the situation of a boy who was picked up by army personnel from his home, subjected to severe torture and then army framed him in false charges. He has not yet been released.

BHRPC has received information that on 13 April, 2010 about 20 armed men belonging to 11 Field Regiment camping at Labok in the jurisdiction of Lakhipur Police Station (PS) in the district of Cachar in Assam (India) abducted a boy, kept him in incommunicado detention for about 24 hours subjecting him to severe torture and then filed false case against him.

The victim is a daily wage labourer named Kalam Uddin Choudhury alias Kala, aged about 22 years, son of Dolu Mia Choudhury of village Makhon Nagar under the Jirighat Police Station in the same district. During the raid at the dead of night, the armed forces allegedly beaten up and humiliated all the inmates of the house, vandalised household goods and forcibly taken away 2 mobile phone handsets and other valuables with them. When on 14 April, 2010 the villagers, with the help of Yasin Ali, Officer in Charge (OC) of Jirighat Police station, found him out in the said Labok camp, the army lodged a First Information Report vide Jirighat P. S. Case No. 12 of 2010 under section 120B and 384 of the Indian Penal Code, 1860 (IPC) accusing Kala of hatching criminal conspiracy and extortion.

BHRPC members visited Makhon Nagar and talked with the family members of the victim, villagers and other persons related to the incident. From the information thus gathered it becomes clear that Dolu Mia Choudhury is a respectable person in his village, although the family is very poor. He held the post of Secretary for many years in the Village Defence Party (VDP), a village level committee which is formed by, and functions under the supervision of, the local police station. His son Kala works as a daily wage labourer having some skills in masonry. In November, 2008 Niam Uddin of village Hatirhar, Lakhipur Police Station (Cachar), who constructs small buildings in Imphal, Manipur under contract, hired Kala and took him to Imphal where the later worked for about four months as was employed by his hirer. But all of a sudden Niam Uddin disappeared one day without paying Kala anything and for many days Kala could not trace him. Kala returned home in January, 2010

After returning home Kala tried working at nearby places. On 9 April, 2010 Kala suddenly saw Niam Uddin at Jiribam, a town in Manipur bordering Assam adjacent to Jirighat, and demanded his money, which according to him was Rs. 26, 000. 00 (twenty six thousand). An altercation ensued between them. According to Dolu Mia Choudhury, Niam Uddin told his son that if he would keep demanding money he would be taught a very bitter lesson which he would not be able to forget in his life.

And then….. Dolu Mia Choudhury stated that at midnight on 13 April when all were sleeping he heard someone heavily knocking at his door. The knockers were claiming to be police and demanding the door to be opened immediately, which he obeyed. They told him that they were from army and they needed to search his house. When he enquired about search warrant and asked why they came alone without being accompanied by police officers from local police station, or the president of Gaon Panchayat (elected village level local government body, village counterpart of municipality), or the secretary of the VDP, they told him to keep quiet and started beating and kicking him. They tied him with a pillar in the veranda tying his hands at his back. They also entered a handkerchief into his mouth. At the sound of scuffle and his muzzled shriek others sleeping in his house woken up and tried to rescue him. Everybody including his aged and sick wife, daughters, sons and daughters-in-law ended up being beaten, kicked and tied. And then the brave soldiers of Indian army entered the house and vandalised everything they could find. They took two mobile handsets and some other valuables.

At the hue and cry people living nearby got awaken and started to rush to the spot. But there were army personnel at various points in the village road who stopped the people and sent them back forcibly by beating and abusing them. Present VDP Secretary Abdul Hoque Choudhury and some other members of the VDP such as Ajir Uddin, Nasir Uddin, Minhaj Uddin stated that they took their identity cards and badges provided by the police and ran towards the origin of the clamour and they also were stopped, their cards and badges were snatched away and they were also subjected to heavy beatings. But in other ways that were unknown to the army they could manage to reach the spot and they witnessed the subsequent events.

The witnesses stated that when they reach the spot they saw the army personnel asking Dolu Mia to produce ‘the gun’ according to them which he illegally possessed. Dolu Mia told them that he did not have any gun at which he received another round of beatings and kicking. The army personnel again searched the house, but in vain. Then one of the personnel called someone by the name of Monir Uddin and asked him to indentify the person who they wanted to pick up. Monir Uddin showed Kala and told them he is the person. They took him away with them without telling his family members and gathered villagers any reasons for such actions. The army also took signatures of Dolu Mia in three blank papers.

A group of villagers led by the VDP Secretary Abdul Hoque Choudhury went to Jirighat police station and woke up the Officer in Charge Yasin Ali. They narrated the whole story before him. The OC made a few phone calls and then told them that he could do nothing in the night. He told them that without gathering information it is no use to engage in search in this way. He asked them to come the next day early morning.

The police officer with a few constables along with the villagers started searching for the boy the next day. They searched each and every army camp within the jurisdiction of Jirighat police station. But the boy was found nowhere. The search team then entered the jurisdiction of Lakhipur police station. In the evening the boy was indeed found there in the Labok Army camp. His condition was very bad. He was losing and gaining his consciousness. The Jirighat police took him into custody and then sent him to Jirighat New Primary Health Centre. He was examined by Dr. D Das, medical officer there.

A few hours later N. K. Subeder, N. Shri Varman from 11 Field Regiment came to the police station and produced a letter bearing letter head of People’s United Liberation Front (PULF) allegedly written by Kala demanding money from someone. Kala vehemently denied it. He stated the police that the army made him to sign the paper at gun point. He also described various forms of torture including drowning his head in a drum full of water for several minutes to which he was subjected. Other people present there from his village including Abdul Hoque Choudhury told the police that they knew Kala well and he is a very peaceful boy, who never even mildly assaulted any person. They told that they believed army is trying to frame him. They requested the police to register a case against the accused army under appropriate sections of law. Nevertheless, the police registered a case against Kala under section 120B and 384 of IPC as Jirighat P. S. Case No. 12 of 2010. He was produced before the Magistrate on 15 April and sent to the judicial custody.

BHRPC also tried to gather information about the person whom the raiding army personnel asked to identify the intended person. It came out that Monir Uddin of Ujan Tarapur under Lakhipur police station is a person known as “army informer” and has a reputation of framing people in exchange of a few thousand bucks. According to the local people, if any body has any enmity or grudge against anybody they can teach the intended person a lesson paying Monir Uddin a few thousand rupees. In turn Monir Uddin gives a feast to his friends in the army or maybe some money also and they will take the intended actions, claimed the local people.

Monir Uddin has also some serious criminal cases against him. In many of these cases he was accused of robbery, kidnap, murder, rape etc. A few days back he was arrested by Silchar police station but sometimes later he was also released mysteriously.

BHRPC thinks that there are reasons to believe that Niam Uddin (of Hatirhar) contracted Monir Uddin for a few thousand to teach Kala the lesson he promised when the later demanded his money.  Monir Uddin activated his friends in the army and they done their job.

The army for a feast or a few thousand Indian currencies acted like organized criminals flouting the Indian laws regarding search, seizure and arrest. They indulged in severe torture, incommunicado detention and other forms of gross violation of human rights guaranteed in the constitution of India and enshrined in the International Covenant of Civil and Political Rights of 1966 to which India is a party.

BHRPC demands to the authorities to immediately:

  1. Release the innocent boy named Kamal Uddin Choudhury alias Kala;
  2. Register a First Information Report against the concerned army personnel for abduction, robbery, grievous hurt, torture, trespass, assault and battery, molestation etc;
  3. Conduct prompt, objective and thorough investigation of the incident leading to prosecution of the alleged offenders;
  4. Ensure a speedy, open and impartial trial; and
  5. Take actions to rehabilitate the victim and his family financially, socially and psychologically with the payment of adequate reparation and other measures.
(Neharul Ahmed Mazumder)Secretary General