Posts Tagged ‘Death’

Assam NRC process drives citizens to death: Case of Hanif Khan

January 15, 2018

This new year a sad news has shaken the people of Barak Valley, the southern part of North East Indian state of Assam comprising of Cachar, Karimganj and Hailakandi districts. Mr Hanif Khan, young man of about 37 years of age, committed suicide hours after first part of the draft of National Register of Citizens (NRC), which is in the process of being updated in Assam was published at midnight on 31 December 2017. The draft did not have his name as he feared. He was terrified that he lost his citizenship and as a result he would be sent to jail and would be subjected to torture and other cruel and inhuman treatment.  All the local vernacular media as well as a section of the national media reported the incident. There is an atmosphere of fear and terror.

After learning from the media reports, Barak Human Rights Protection Committee (BHRPC) decided to visit the family and gather first hand information of the incident and accordingly a team led by Dr Prasenjit Biswas  and comprised of Mr Oliullah Laskar, Mr Raju Barbhuiya and Ms Taniya Laskar went to late Mr. Hanif Khan’s house on 6 January 2018. The team talked with the wife of the deceased, their children, other family members and neighbors and gathered information as follows:

Youngest son of late Hanif Khan, his mother in law and Raksha Khan (from left) by Taniya Laskar

Youngest son of late Hanif Khan, his mother in law and Raksha Khan (from left) by Taniya Laskar

Mr Hanif Khan was a man of about 37 years. Neighbors said he was law abiding citizen and very mild and gentle in his manners. He had in his family his wife Ms Ruksa Khan, their three sons and a foster daughter. He used to serve as a hired driver to a family.

The illegal immigration issue has been a long standing, vexatious and a burning political issue in Assam for several decades. In 1983 near about 3000 people were massacred in Nellie area of present day Morigaon district. In the following three decades the people of Assam have come across many shifts in the political as well as social paradigms. Recently after Supreme Court’s directions, almost all the political parties and pressure groups agreed upon a correct and error-free NRC. But the process followed by the government to publish the same made most of the common people concerned. The modalities prescribed by the authorities required the citizens to submit a prescribed application form with specified documents issued before 1971 showing their or their ancestors’ citizenship and having link with the said ancestors in case the applicants did not have the pre 1971 documents due to being born later.

Later the modalities got modified and a family tree was required to be submitted by the applicants. Family tree was a documentation of the extended family giving names of all cousins and their family members. The authorities again sought to change the rules and declared that certificate issued by Panchayat (local civic body) secretaries as earlier prescribed would not considered valid. However, the intervention of the Supreme Court retained the validity of such certificates. The admissibility of the pre 1971 documents submitted as proof of citizenship and/or link documents were made subject to the verification of the records of the issuing authorities. The authorities would also conduct physical verification of the applicant citizens and their families in many cases. This made the people, irrespective of ethnicity and religious identity, enraged. People came out in the street and held protests in many places all over the state. Questions were raised as to how the authorities got the power to ask the citizens to prove their citizenship by producing documents. In a petition the Supreme Court directed the authorities to exempt the “original inhabitants” of the state from this rigorous test of citizenship. But the term was nowhere defined and no criteria were given to determine the originality of inhabitation. This created deep apprehension of racial discrimination and arbitrary procedure of updation of NRC among the people of Barak valley.

There has always been a perception among the people of Barak valley that they have been being discriminated by the linguistically aggressive politics of Brahmaputra valley of the state. In 1960 a bill was passed by the Assam state legislature making the Assamese language as the official language of the entire state of Assam including Barak valley. People came out in protest in unprecedented large numbers. During those protests, 11 people were killed in Silchar Railway Station on 19 May 1961. The government was forced to amend the bill and to make Bengali the official language for Barak valley. Ever since the 11 martyrs have been revered by the people and the 19th May observed as Language Martyrs Day in Barak valley every year. This perception of discrimination has again been reinforced by the supply of a Bengali application form with clearly visible Assamese linguistic influence.

There is also another phenomenon known as D-voters. Citizens’ names are arbitrarily tagged with D (dubious or doubtful) in electoral rolls. Their cases are referred to the Foreigners’ Tribunal. In Tribunal such a person has to prove his citizenship. The burden of proof is put on the suspect. In many cases the Tribunals declare such people foreigners based on minor discrepancy and spelling errors in the names of ancestors or the suspect, as the case may be, in pre-1966 documents. Moreover, in many cases notice are not served properly and the tribunals pass decision ex parte. Most of the people don’t have wherewithal to take recourse to higher courts. After the declaration as a foreigner by the Tribunal, police pick the persons up and put them in detention camps which are in fact regular jails. In the absence of a deportation treaty with Bangladesh or any other supposed country of nationality of the persons concerned, they are kept in jails with other convicted criminals for indefinite period. The reports of such midnight knocks are regularly published in newspapers.

Though it is not yet clear what will be the policy for the people whose names are not included in final NRC, to people it is a question between whether they would be sent to the dreaded detention camps directly or through tribunals.

The resultant apprehension of discrimination and fear of losing citizenship that gripped the people of Barak valley also got to Mr Hanif Khan. He was in a constant fear of losing his citizenship. Moreover, in Assam, there are incessant reports in newspapers related to arrest and detention of person belonging to the lower income-strata by the police, after the Foreigners’ Tribunals declare them as the foreigner. Moreover, recently nearly 45000 police personals and 50 army troops were deployed in different “sensitive areas” of the state. This was in addition to fact that the area was declared as part of “disturbed area” under the Armed Forces (Special Power) Act, 1958. This draconian law empowers even the non-commissioned members of the armed forces to use force even to the extent of killing against anyone who is suspected to have breached or about to breach law and order. The Act also bars the court to take cognizance of any case against the armed forces without sanction from the government of India. All this went to create an environment of reign of terror and an eerie silence among the people. Mr Hanif Khan got more terrified that pushed him to take such an irreversible step to end his life.

Mr Hanif Khan submitted NRC application in due time. A copy of the application is with the BHRPC. The application appears to be according to the prescribed rules. He established his citizenship with the prescribed documents beyond doubt. He claimed the inclusion of his and his family members’ name in the  NRC on the basis of voters list of 1971. He had shown his linkage with his father late Mr. Raj Mohammad Khan and mother late Ms Sahera Khan through voter list of 1971. He submitted the school  certificates of the children to establish linkage with himself. His wife Ruksa Khan’s inclusion is claimed on the basis of linkage with her parents Mr. Rahim Khan and Afushi Bibi through the same voter list of 1971.

Ms Ruksa Khan told the BHRPC team that since the time the verification process of NRC began Mr Hanif Khan was in a constant fear of police torture in case he loses his citizenship. As day of the publication of the first of draft NRC neared, he often hid himself if any police van passed through the high way near his house. Three months ago when he was still in his job he went to a place around 15 kilometres away from his house known as Udharbond. There he found an army vehicle behind his vehicle and he started running instantly and came to his house crossing 15 kilometres of distance right on his foot. Learning this, his employer released him temporarily from his service. Since then he stayed in his house and watched televisions for news and read newspapers and otherwise also tried to collect information about the NRC updation process. He would go on asking everyone about the rules and modalities of NRC and consequences of non-inclusion of his name. He was very concerned about the minor discrepancy regarding his age in one of the voters-list. The neighbours tried to allay his fears by telling him what they knew. But that did not seem to have assured him. His wife tried to take him to the doctor but he didn’t agree. She then asked help of the neighbours and had planned to take him to the hospital forcibly if necessary. But before that he went on missing since 7 pm on Sunday, 31st December 2017 the day when the draft NRC was going to be published. Ms. Raksha Khan stated that at irst she thought he came to watch news on tv but when he did not come back after midnight she started to search for him and was unable to find him thourghout the night. She first saw the body around 6.50 am next morning. Police officials reached the spot around 8.30 am and sent the body to Silchar Medical College and Hospital for post-mortem.

According to Mr Toibur Rehman, one of the neighbour present there, Hanif Khan was perfectly healthy and a well- mannered man. And never had any serious quarrel with anyone. But since the NRC updation process began he appeared to be very worried about it. He also added that another person in the locality namely Mr. Nur Jamal Laskar was also showing similar symptoms and he was under treatment and in strict care of the neighbours. Mr Tapu Das one of the member of the local Panchayat also confirmed the same information. On being asked he said that the NRC process is totally carried on by the Seva Kendras and local Panchayat was never involved in it and he was never informed about the modalities or any other thing. The Panchayat only carries out the duty of issuing Gaon Panchayat Certificates to those who apply for it.

It is to be noted here that this is not the only incident of NRC related suicide. Before that on 6 December 2017, a man aged about 56 years named Mr Akram Uddin Barbhuiya of New Ramnagar area in Cachar district  ended his life by hanging himself on the ceiling of his own room. He was also reported to have been worried over inclusion of his name in the updated NRC. .According to his family members he also went on asking everyone about the procedure adopted in updating NRC and NRC related documents were laying in the floor of the room where he hanged himself. Even two days before that, on 3 December 2017, another man Mr Anwar Hussain, a resident of Bahmura, of Goalpara district also committed suicide for the same reaon under the similar circumstances. According to newspapers reports, Anwar Hussain’s daughter Jahabnara Khatun was served with a notice for verification of the documents submitted for inclusion of her name in theNRC. Following that notice he was much tensed and in a constant fear that his daughter’s citizenship could be taken away.

The BHRPC believes that Mr.Hanif Khan was a victim of a clumsy, erroneous and arbitrary procedure of updation of NRC adopted by the state couple with the xenophobic rhetoric of politicians including members of the council of ministers. The state machinery failed to take the citizens in confidence that they are not going to be discriminated or not going to be victims of any kind of arbitrariness.

BHRPC filed a complaint at the National Human Rights Commission praying for:

  1. An interim compensation to the next of kin of the deceased pending the disposal of the case.
  1. A compensation of Rs. 10 lakh  to the next of kin of the deceased.
  1. and for conducting a study of the procedure of updation of NRC in Assam and to make recommendations so that human rights of the people are not violated in the process.

For further details, please contact:

Taniya Laskar, Secretary General, Barak Human Rights Protection Committee (BHRPC)

Silchar, Assam. Email: bhrpc.ne@gmail.com, Mobile:+919401616763

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New born baby dies at hospital in Assam due to negligence of doctors

April 11, 2012


The Barak Human Rights Protection Committee (BHRPC) has learnt that a new born baby died at a hospital in Assam within about 50 hours of his birth on 1 April 2012 due to negligence of doctors. An expectant mother in labour was brought to the S K Roy Civil Hospital in Hailakandi at about 1pm on 30 March. No doctors saw the woman and with the help of nurses she had to give birth to a male child. It was a forced birth. The conditions of both the mother and child started to worsen soon thereafter. Still no doctors in the hospital saw them. They then went to the Silchar Medical College and Hospital, Silchar (SMCH) and the baby died there at about 6pm on 1 April. It was the first child of the couple.

After the BHRPC first learnt about the incident from local newspapers (see 5 April 2012 issue of the Dainik Nababarta Prasanga, a daily Bengali newspaper published from Karimganj, Assam) on 5 April, it contacted the family and verified the information given in the newspapers and collected other relevant information.

According to the information, the unfortunate parents are Mr Bijoy Dev and his wife Ms Tumpa Dev. They are residents of Ward No. 10,College Road, Hailakandi town in the district of Hailakandi. Mr Bijoy Dev is a small shopkeeper and provides the family from earnings of his pan shop (a small store where shopkeeper sells a mouth-freshener chewing item prepared by mixing different types of areca nuts, betel leaf, tobacco etc. according to order of the customer) that he runs  in front of his house. His wife 20-years-old Tumpa Dev conceived the baby for the first time. After conception the couple were seeing Dr Shubhendu Chakrabarti regularly at his private chamber. Although Dr Chakrabarti is a government doctor posted at the S K Roy Civil Hospital he has his private practices like almost all other government doctors inAssam.

Mr. Bijoy Dev stated that when Ms Tumpa Dev went into labour at the normal time on 30 March her husband and other relatives brought her to the S K Roy Civil Hospital at about 1pm. But there were no doctors on duty in the 100-bedded hospital. Dr Shubhendu Chakrabarti was in Guwahati, the capital city ofAssam. Therefore nurses tried to help her. After much agony and tribulation she delivered a baby at 4pm. It was a boy. However, his condition was critical. He could not breathe properly. The nurses started giving him oxygen. Meanwhile the father of the baby and other relatives were desperately looking for a doctor. They were informed by the hospital staff that at that time Dr D K Dev should have been in duty. They went to his residence. Mr Bijoy Dev’s older brother Mr Joydeep Dev and brother-in-law Mr Rajesh Dev urged Dr D K Dev to come to the hospital and do something to save the life of the new-born. Dr Dev told them that he was tired since he was at a health fair at Bilaipur, a remote village in the district for the whole day. He refused to help the baby in his fight for life. In the meantime, health condition of the mother also started getting worse.

The relatives then went to another doctor of the hospital Dr Abul Hussain at about 10pm. He was at home but refused to visit the hospital. He asked them to bring the patients at his house. The mother and baby then were brought to the place of Dr Hussain who after examining them wrote a prescription. Mr Bijoy Dev told the BHRPC that Dr Hussain told them that the condition of the baby and mother became so serious due to the forced delivery. According to him, it was a fit case of caesarean section. The doctor told that he was of the opinion that if the delivery would have been caused through caesarean there would not be any complexities since the baby appeared otherwise alright.

Mr Bijoy Dev stated that after they got the medicines prescribed by Dr Hussain from an outside drug store they brought the baby and his mother back to the hospital. One Dr L D Sinha came on duty next day morning. When the medicines prescribed by Dr Hussain failed to check the deterioration of the health condition of both the mother and her baby Dr Sinha referred the patients to the SMCH. At about 7.30 am on 31 March they were brought to the SMCH and were admitted in the department of obstetrics and gynaecology. Dr P Nath, an associate professor in the department examined them. Dr Nath also confirmed the findings of Dr Hussain that the forced delivery caused the complexities. According to Mr Bijoy Dev, the doctors and the staff at the SMCH tried their best to save the baby but he was declared dead at about 6pm. However, Mr Dev also informed the BHRPC that the hospital did not provide them with any medicines and he had to buy them from outside stores.

This appears to be a clear case of causing death by negligence within the meaning of section 304A of the Indian Penal Code, 1860 if the opinions of Dr Nath and Dr Hussain are to be believed even if keeping in mind the rules laid down by the Supreme Court of India in Jacob Mathew Vs State of Punjab (2005) (Appeal (Crl.) 144-145 of 2004) for application of the section in cases of negligent and rash acts or omission of doctors.

Most importantly, it is a prima facie case of violations of fundamental right to life as laid down in Article 21 of the Constitution of India. In a catena of cases the Supreme Court held that the right to health care is a part of the right to life.

The negligent conduct of the doctors, particularly that of Dr D K Dev, that caused the death of the baby also amounts to violations of the rights enshrined in Article 25 of the Universal Declaration of Human Rights, 1948 that reads: “(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.” 

“(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.”

The allegations also constitute violations of provisions of legally binding human rights instruments to which Indiais a state party. Such as the right to life provided under Article 6 of the International Covenant o Civil and Political Rights, 1966. Clause 1 of the Article lays down: “1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.”

As a positive entitlement the right to health and health care is recgonised in  Article 12 of the International Covenant on Economic, Social and Cultural Rights, 1966 which says: “The right to the highest attainable standard of health”. The General Comment 14 the Committee for Economic, Social and Cultural Rights states that the right to health requires availabilityaccessibilityacceptability, and quality with regard to both health care and underlying preconditions of health. This case is a glaring instance of gross violation of this universally recognised provision.

Further, it is also a case of violations of relevant provisions of other United Nations convention such as Article 12 of the Convention on the Elimination of All Forms of Discrimination against Women, 1979 (CEDAW)[1] and Article 6 of the UN Convention on the Rights of the Child, 1989 (CRC)[2].

After documentation of the case BHRPC filed a complaint at the Assam Human Rights Commission (AHRC) and the Assam State Commission for Women (ASCW). Letters were also sent to the other authorities including the prime minister ofIndiaand the chief minister ofAssamurging them to take appropriate actions including:

 1. a prompt, objective and exhaustive investigation into the alleged negligence of Dr D K Dev and other doctors of the S K Roy Civil Hospital, Hailakandi;

 2. payment a prompt relief in terms of money to the parents of the baby pending the inquiry/investigation;

3. adequate reparation in terms of monetary compensation to the parents of the baby for loss of life of their son and for suffering physical and mental agony;

 4. prosecution of the alleged negligent doctors for fixing their criminal liability;

At a time when the government of Assam is busy advertising its ‘achievement’ in the health sector with much fanfare it will be interesting to follow the actions of the government that may be or may not be taken in response to these specific allegations.

11 April 2012

Guwahati,Assam

For any clarification or more information you may contact

Waliullah Ahmed Laskar

Mobile: +91 9401942234

Email:wali.laskar@gmail.com


[1] Article 12 of the Convention on the Elimination of All Forms of Discrimination against Women, 1979 (CEDAW) reads:

“Article 12

1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning.

2. Notwithstanding the provisions of paragraph I of this article, States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.”

[2] Article 6 of the UN Convention on the Rights of the Child, 1989 provides:

“1. States Parties recognize that every child has the inherent right to life.

2. States Parties shall ensure to the maximum extent possible the survival and development of the child.”

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 Central Reserve Police Force open fire indiscriminately in a market place in Assam, killing one

June 10, 2010

URGENT APPEALS PROGRAMME
Get Pdf version of the document
Urgent Appeal No. BHRPC Case No 58/2010/UA/23/210 Dated: 10 June 2010
Dear Friends,
Barak Human Rights Protection Committee (BHRPC) forwards this Urgent Appeal issued by Asian Human Rights Commission (AHRC) regarding an incident Central Reserve Police Force open fire indiscriminately in a market place in Assam, killing one
with request to all to take suggested actions.
Yours Sincerely
Waliullah Ahmed Laskar
15, Panjabari Road, Six Mile,
Guwahati-781037, Assam

INDIA: The Central Reserve Police Force open fire indiscriminately in a market place in Assam, killing one

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-084-2010

10 June 2010
——————————————————
INDIA: The Central Reserve Police Force open fire indiscriminately in a market place in Assam, killing one

ISSUES: Extrajudicial execution; impunity; militarisation; excessive use of force
——————————————————

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that on 23 May 2010, a team of Central Reserve Police Force (CRPF) personnel opened fire indiscriminately and without warning in a small market place in Panchaboti, and later shot dead Mr. Iskandar Ali Barbhuiya, an innocent person on mere suspicion. The attitude of the CRPF has raised suspicions that they may try to use a complaint they have filed against two persons they arrested to justify their murder. This case must be immediately investigated to challenge the impunity surrounding the numerous human rights violations committed by security personnel in North-East India.

CASE NARRATIVE:

According to the information we have received from the Barak Human Rights Protection Committee who carried a fact-finding investigation into the case, on 23 May 2010 at 4.30pm, a team of 11 or 12 CRPF personnel opened fire indiscriminately and without warning in Panchaboti, a small market place in Cachar, Assam, spreading panic among the shoppers and merchants present who tried to escape by finding shelter in nearby shops and houses. Witnesses report having seen one man, later identified as Mr. Iskandar Ali Barbhuiya, running through a small field in direction of the nearby river, Sonai, and jumping into the river while the CRPF personnel were shooting at him. According to the witnesses, no provocation triggered the firing. (Photo: Mr. Iskandar Ali Barbhuiya, Source: BHRPC, Assam)

Following the firing, the CRPF arrested two persons: Moniruddin Barbhuiya, aged about 32 years, son of Abdul Majid Barbhuiya of village Bidruhipar, Sonai Police Station, Cachar, Assam and Mr. Abdul Khalik, aged about 25 years, son of Siraj Uddin of village Sundari Part-II, Sonai Police Station, Cachar, Assam. The CRPF claim that they were there on a routine patrolling when they observed suspicious behaviour from Moniruddin, Abdul Khalik and Iskandar. They further state that when they challenged them, the three suspects tried to run away thereupon the CRPF opened fire. According to the CRPF, the suspects are ordinary criminals who do not belong to any organisation and Moniruddin was found in possession of a 9mm pistol and four bullets.

The CRPF handed over both arrestees to the Palonghat police out post under Dholai Police Station at 9pm on that day. The Dholai police registered a case against Moniruddin, Abdul Khalik and another unnamed person (vide Dholai Police Station Case No. 99/2010 dated 23 May 2010 under Section 47 of the Indian Arms Act, 1959). According to the fact-finding team, the First Information Report has been drafted in such a way that Iskandar can be incriminated as the third accused and therefore could be used by the CRPF to justify its crime.

On 24 May the Officer-in-Charge (OC) of Dholai Police Station produced the two accused before a magistrate praying for police custody of the accused which was granted for seven days. They were then sent to the judicial custody.

At about 1pm on 26 May, some people of the Sundari Part-II village saw a dead body adrift in the Sonai river. They informed Kachudaram police outpost and at about 3pm, police officers from the outpost and the police station came and sent the body to the Silchar Medical College and Hospital for autopsy. At about 11am on 27 May the police handed over the body to Monijun and the last rites were performed at about 2.30pm on the same day.

According to the persons who performed the pre-funeral rituals like washing of the body, they saw two bullet holes in the body: one on the victim’s waist and the other one on the left side of his neck. Nevertheless the autopsy report has not yet been provided to the family and Monijun and other villagers fear that the CRPF may want to interfere with the content of the autopsy report.

ADDITIONAL INFORMATION:

According to the police sources, Moniruddin, who was arrested in possession of the pistol, told that he is a labourer who worked in Mizoram for many months and found a pistol near a river, picked it up and was trying to sell it. He stated that Iskandar had nothing to do with them.

Iskandar Ali Barbhuiya, is a small business man from Bidruhipar village. He had left his family house and told his wife, Monijun, that he was going to the Panchaboti area to collect betel nuts and that he would latter visit his sister Champarun Nesa at Krishnapur, Amragat and asked his wife not to worry if he did not return on the same day. When on 24 May, Monijun heard about the firing, she contacted her sister-in-law who informed her that Iskandar did not visit her the day before. Monijun subsequently contacted all the relatives of her husband but none had any idea where her husband was. On 25 May, she and her sister-in-law Sitarun Nesa went to Sonai Police Station and informed the police in writing about her husband’s disappearance. This is entered in the general diary of the police station vide GD Entry 601 dated 25 May 2010.

According to the villagers and the police officials, the victim had never been involved in any crime and had no previous confrontations with the police. Mr. Kutub Ahmed Mazumber, a member of the Assam Legislative Assembly also told that he knew Iskandar personally and that Iskandar was a very good person.

On 28 May, hundreds of people held a condolence meeting, presided by Nazrul Islam Ahmed, Vice President of Sonai Anchalik Panchayat. Three resolutions were passed condemning the killing and terming it as an intentional murder of a law-abiding and peace-loving citizen by power fuddled unscrupulous security forces; expressed condolence to the family for their loss and demanded compensation to be paid to the family by the government and prosecution initiated against the CRPF personnel involved in the case.
Monijun filed a complaint before the Chief Judicial Magistrate, Cachar on 29 May praying for the court to direct the police to conduct a proper investigation of the murder, after having a case registered against the CRPF under Section 302 of the Indian Penal Code, 1860. The complaint was forwarded to the Sonai Police Station and was registered as an FIR vide Sonai Police Station Case No. 126/10 dated 4 May 2010.
Iskandar was the only earning member of a family of six and his death leaves his wife and their four children without stable incomes and resources.

BACKGROUND COMMENTS:

The military and paramilitary forces heavily deployed in North-East India have repeatedly demonstrated their disdain toward the principles of proportionality and restrain in the use of force which should govern the functioning of security forces in a democratic country. The AHRC has been documenting numerous cases of human rights violations committed by the security forces deployed in the region, in which people may be harassed, tortured, raped or killed with the police being unable and unwilling to investigate the case and to provide protection to the victims. Please see UAC-080-2010 another case, which took place on the same day as Iskandar’s killings, in which the rights of the ordinary citizens of Assam were violated by security forces and in which the police refused to file the case.

The UN basic principles on the Use of Force and Firearms by Law Enforcement Officials are the relevant guidelines to the democratic functioning of security agencies. This indiscriminate firing in Panchaboti disrespects Principle 4 according to which the law enforcement officials should only use force and firearms as the last resort, if ‘other means remain ineffective’ and Principle 5 mandates the law enforcement officials to exercise restraint in the use of force and firearms in order to minimise damage and injury and to respect and preserve human life.

More specifically, Principle 10 states that ‘law enforcement officials shall identify themselves as such and give a clear warning of their intent to use firearms, with sufficient time for the warning to be observed, unless to do so would unduly place the law enforcement officials at risk or would create a risk of death or serious harm to other persons, or would be clearly inappropriate or pointless in the circumstances of the incident.’ Not warning of their intention before shooting is an act of carelessness and negligence from the CRPF personnel which could have resulted in further losses. The incident proves how little human life is valued by the members of the paramilitary forces.

The attitude of the CRPF have raised suspicions that they may try to use the FIR and to manipulate the post-mortem report to preserve themselves from a legal process. Regarding the large record of human rights violations committed in the North-Eastern Indian States which went uninvestigated and unpunished, it is necessary to make sure that Iskandar’s family will have access to an independent process, as reminded in Principle 23 of the UN basic principles.

SUGGESTED ACTION:
Please join us in writing to the following authorities to express your concern regarding this case of slaying and ask for its proper investigation and the prosecution of the perpetrators. Also join us in

Please be informed that the AHRC is writing a separate letter to the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, calling for his intervention in this case.

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To support this appeal, please click here:

SAMPLE LETTER:

Dear __________,

INDIA: Please investigate the CRPF firing in Panchaboti market in Assam

Name of victim: Iskandar Ali Barbhuiya, 42 (aged about 42, son of late Abdul Matlib Barbhuiya) resident of Bidruhipar, Cachar District, Assam
Names of alleged perpetrators: Between 11 and 12 Central Reserve Police Force personnel from A147 Battalion led by Mr Muatoshi Dubichu, Deputy Inspector of Police and in-charge of Shachinpur Camp
Date of incident: 23 May 2010
Place of incident: Panchaboti market place, Cachar District, Assam.

I am writing to draw your attention to the killing of Iskandar Ali Barbhuiya after a team of Central Reserve Police Force Police opened fire indiscriminately and without warning in a small market place in Panchaboti, Cachar, Assam on 23 May 2010 at about 4.30pm.

According to the information I have received from the Asian Human Rights Commission (AHRC), witnesses report having seen one man, later identified as Mr. Iskandar Ali Barbhuiya, running through a small field in direction of the nearby river Sonai and jumping into the river while the CRPF personnel were shooting at him. According to the witnesses, no provocation triggered the firing and the CRPF personnel did not warn about their intention to open fire beforehand.

I know that on the morning of that day, Mr. Iskandar Ali Barbhuiya, 42, a small business man from Bidruhipar village went to the area to collect betel nuts. After he did not return home for a few days, his wife, Monijun contacted all his relatives to enquire about his whereabouts and since no one was able to inform her about them, she and her sister-in-law Sitarun Nesa went to Sonai Police Station and informed the police in writing about her husband’s disappearance (Entered in the general diary of the PS vide GD Entry 601 dated 25 May 2010).

I am informed that following the firing, the CRPF arrested two persons: Moniruddin Barbhuiya (32, son of Abdul Majid Barbhuiya of village Bidruhipar, Sonai Police Station, Cachar, Assam) and Abdul Khalik (25, son of Siraj Uddin of village Sundari Part-II, Sonai Police Station, Cachar, Assam). The CRPF claim that they were there on a routine patrolling at that time when they observed suspicious behavior from Moniruddin, Abdul Khalik and Iskandar. They state that when they challenged them the three suspects tried to run away following which the CRPF opened fire. According to the CRPF, Moniruddin was found in possession of a country made 9mm pistol.

I know that the CRPF handed over both arrestees to the Palonghat police outpost under Dholai Police Station at 9pm on that day. The Dholai police registered a case against Moniruddin, Abdul Khalik and another unnamed person (ie. Iskandar), (vide Dholai PS Case No. 99/2010 dated 23 May 2010 under sSection 47 of the Indian Arms Act, 1959). On 24 May the Officer-in-Charge (OC) of Dholai Police Station produced the accused before a magistrate praying for police custody for them which was granted for 7 days. They were then sent to the judicial custody.

I am concerned that the FIR has been drafted in such a way to lead the police investigation to conclude that Iskandar was the third suspect and that it may be an attempt by the CRPF to promote a version of the event which would justify the indiscriminate firing. This version is contradicted by a statement from one of the arrestees, Moniruddin, that he had found the pistol when he was working in Mizoram and was trying to sell it in the market that day and that Iskandar had nothing to do with them. I am informed that according to the villagers and the police officials, Iskandar had never been involved in any crime and had nothing against him in the police record. A member of Assam Legislative Assembly, Mr. Kutub Ahmed Mazumder, also confirmed that Iskandar was ‘a very good person’.

I know that Iskandar’s body was discovered at about 1pm on 23 May by some villagers from Sundari Part-II adrift in the river Sonai. They informed Kachudaram police outpost under Sonai Police Station and at about 3pm, police came and sent the body to the Silchar Medical College and Hospital for autopsy. At about 11 am on 27 May the police handed over the body to Monijun and the last rites were performed at about 2.30pm.

The persons who performed the pre-funeral ritual bathing of the body saw two bullet holes in the body: one on the victim’s waist and the other one on the left side of his neck. Nevertheless the autopsy report has not yet been provided to the family and I am aware that Monijun and other villagers fear that this might be because the CRPF wants to change its content.

I know that Monijun has filed a complaint before the Chief Judicial Magistrate, Cachar on 29 May praying for the court to direct the police a proper investigation of the murder after having a case registered against the CRPF under Section 302 of the Indian Penal Code, 1860. The complaint was forwarded to the Sonai Police Station and was registered as an FIR vide Sonai Police Station Case No. 126/10 dated 4 June 2010.

Additionally, as required by the directives issued by the National Human Rights Commission of India, the post-mortem examination must be video graphed and a separate report about the incident must be send to the Commission.

I know that reports of extrajudicial executions and human rights violations committed by security forces which are heavily deployed in the State of Assam are numerous and often go uninvestigated, promoting the impunity of the perpetrators and encouraging further exactions.

I therefore urge you to promptly intervene into this case by:

1. Launching an independent and impartial investigation into the case registered as FIR vide Sonai Police Station Case No. 126/10 dated 4 May 2010 in Sonai Police Station;
2. Taking appropriate measures to guarantee the protection of the victim’s families and of the witnesses against threats and intimidation from CRPF personnel;
3. Making sure that all the CRPF personnel involved in this murder are temporarily suspended from their duty during the course of the investigation. If enough evidence is gathered, they should be brought before a civilian court and face sanctions which are proportionate to the damage they inflicted;
4. Providing adequate compensation and interim relief to the victim’s family: Iskandar was the sole earning member of a family of 6 and his death leaves his wife and their four children without stable incomes and resources;
5. Providing the post-mortem report to the family without delay.

I am looking forward to your intervention.

Yours sincerely,

—————-

PLEASE SEND YOUR LETTERS TO:

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

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

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

Thank you

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

Posted on 2010-06-10
AHRC URL: http://www.ahrchk.net/ua/mainfile.php/2010/3477/
BHRPC URL:

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

June 10, 2010

URGENT APPEALS PROGRAMME

Get pdf version of the document

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
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INDIA: Army raids a village, assault and molests women in Assam

ISSUES: Violence against women; torture; militarisation; impunity
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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