Posts Tagged ‘Extra-judicial execution’

Human rights bodies flay administration over Kaziranga eviction

October 30, 2016

502761-502700-kaziranga-protest-ani

Photo courtesy: Daily News and Analysis

KAZIRANGA, Oct 29 – A team of six members from different fields visited Bandardubi, Deosur and Palkhuwa areas near the Kaziranga National Park recently to understand the pathetic condition of the people who had been evicted by the Nagaon district administration on September 19.

 

The team was headed by Bondita Acharya from ‘Women in Governance and Human Rights Alert’. While speaking to this correspondent, Bondita Acharya said that the eviction was not done as per the law of the land. “It seemed to be selectively targeted at a particular community”, she said adding that agricultural products had been destroyed by the security forces during the eviction drive. She condemned the barbaric act of the police who did not even spare women and children. Acharya added that a school building had been occupied by the forces and the children of Bandardubi had been deprived of their basic education at primary level. She said that it was a gross violation of human rights, violation of the right to livelihood and violation of the Right to Education. A proper compensation and rehabilitation in terms of their education and livelihood were needed to be arranged by the Government before carrying out the eviction drive in the said areas.

“So the need of the hour is to initiate a thorough enquiry in this regard” she said. Prof Prasenjit Biswas from the Barak Human Rights Protection Committee, Silchar who was also a part of team which visited those evicted areas near Kaziranga National Park said that eviction was brutal and cruel and alternative arrangements should have been made by the Government authority before eviction, adding that they have put the cart before the horse. The other members were Hemen Bora, Padmalochan Nath and Ditumoni Gogoi.

Published in The Assam Tribune on 30 October, 2016 and is available online at http://www.assamtribune.com/scripts/detailsnew.asp?id=oct3016/state052

NHRC moved over custodial death and communal clash in Assam

July 19, 2012

Media brief for immediate release—

19 July 2012

 NHRC moved over custodial death and communal clash in Assam

 Barak Human Rights Protection Committee (BHRPC) has moved the National Human Rights Commission (NHRC) over custodial death of Ajijur Rahman of Kalain in the district of Cachar in Assam. A complaint has been filed at the NHRC based on the report of a fact-finding study conducted by the BHRPC on 19 July 2012. The study found that Ajijur Rahman, an old man of about 60 years, was picked up on 7 July from his home by a police team led by a probationary Indian Police Service officer Mr Y T Gyatsu and he was tortured to death at the police lock-up of Kalain patrol post.

The report released on 19 July[1] has also dwelt on the communal clash on 4 July at Kalain bazaar that led to the illegal arrest and brutal killing of Ajijur Rahman. The report categorically says that negligent and inefficient handling of the situation by the authorities including executive magistrate Ms Khaleda Sultana Ahmed, Deputy Superintendent of Police (probationary) Mr Iftikar Ali and in-charge of Kalain police patrol post Mr Anowar Hussain Choudhury were mostly responsible for the clash. They failed to handle the mob frenzy. It is claimed that they could take measures including lathi charge and tear gas fire. These measures could disperse the mob. Due to the negligence and inefficiency of the authorities about 18 people were injured in the clash. Six of them sustained serious injuries. It amounts to violation of human rights within the meaning of section 12 (a) (ii) of the Protection of Human Rights Act, 1993.

It is also found that efforts of forcible enforcement of strikes on 4 July by supporters of the Hindu Jagaran Mancha and communal mass hysteria of some Muslim youths of Kalain were also responsible for the communal clash. The BHRPC maintained that every citizen and group of citizens has the right to protest and call strike provided that it is peaceful and the organizers do not force others to take part in the protest. The Mancha broke the conditions for legitimacy of the strike by forcing others.

The fact-finding report further dwelt on the efforts of effecting communal divisions in Barak valley over the controversial conversion and second marriage of Dr. Rumee Nath, Member of Legislative Assembly (MLA) of Assam. It is stated that the right to get converted into any religion is a part of the freedom of conscience and free profession of religion guaranteed by Article 25 of the Constitution of India. Per se inter-religious and inter-caste marriages are also recognised by the Special Marriage Act, 1955 and such marriage should be encouraged as they can promote harmonious communal co-existence and secularism. However, in case of Dr. Nath the things are a little different. She was a married woman with a two years old child. Bigamy or living with another person as man and wife during the subsistence of earlier marriage prima facie amount to offence against the institution of marriage. Abandoning a 2 year old child is cruelty on the child and violation of child rights. These grievances against her could be legitimately vented through legal means and judicial process and which was what her first husband resorted to.

It is further alleged that some groups conjured up spectre of ‘love jihad’ and started campaign against inter-religious and inter-caste marriages, friendship between girls and boys belonging to different communities. These activities are assault on the rule of law.

The report stated that a very influential politician of the ruling congress party in Assam Mr Gautom Roy, Minister for Public Health and Engineering (PHE), at a public function organised to mark 3 years of Assam government issued a call to the public to beat up any boy who marries a girl from a different community and to hand over the girl to her guardians. Provoked and encouraged by this call a mob of more than one hundred youths attacked Dr Nath and her ‘second husband’ at about 10pm on 29 June 2012 at Hotel Nakshatra in Karimganj where she was staying for the night after visiting her constituency.

The BHRPC could not confirm any direct links of the minister with the attack on Dr Nath and the mob that attacked her. But it is obvious that his call to beat up such couples definitely encouraged the mob. The comment of the minister is not only against the established constitutional canons of the land and principles of human rights but also a provocation to breach the public order and a call towards further lawlessness and jungle raj. Any person including a minister may disagree with any law and in such cases he should propose repeal or amendment of the law if he is sincere in his opinions. A minister who is part of the party that rules at the central and state governments should have proposed amendment of Article 14, 21 and 25 of the constitution and the Special Marriage Act, 1955 if he sincerely thought that conversion and inter-religious marriages are undesirable. By provoking youths he betrayed his motives.

The attack on Dr Nath is a manifestation of desperate reactions of patriarchy and its interests against the empowerment of women and empowered women. These are attacks on expression of moral agency in women. She was abused and attacked only because she was a woman.

Apart from the brutality of police personnel, Ajijur Rahman was a victim of the situation that was thus created.

 For any clarification and more information you may contact:

 Waliullah Ahmed Laskar

 Mobile: 09401942234

Email: wali.laskar@gmail.com


 

 

 

BHRPC denounces firing on demonstration in Guwahati

June 23, 2011

Barak human Rights Protection Committee (BHRPC) condemns police firing on the peaceful demonstration of landless settlers in various forest areas on the periphery of the city of Guwahati on 22 June, 2011. The killing of nine year old child Ruhul Amin is a brutal act of violation of fundamental right to life alongwith two other protestors without any rhyme or reason. The apparent scenes of violence and damage of public property by the agitators soon after the unprovoked lathi-charge on women, infirm and children protestors only demonstrates the anguish of the protestors. The circumstances and situation of stone pelting, car burning, lathi-charge, tear gas shots and causing bullet injuries on protestors needs to be investigated in an impartial manner. Any attempt to call the peaceful protest as ‘unruly’ and ‘violent’ undermines the democratic rights of forest dwellers to make them heard in the Government.

BHRPC denounces the attempt of the government of Assam in evicting people from forest land as Forest Rights Act, 2008 does not allow such an eviction drive. Going by the said act, right to live in forest land by the forest dwellers is an inalienable right. The plan of the Assam government to hand over the forest land after eviction to a set of police and guards makes a mockery of the Forest rights act. The plan of the forest minister to settle Forest Protection Guards and Police in forest land , as reported in a section of the Press, is, least to say, an open violation of the rights of the indigenous people and forest dwellers.  The project of plantation by eviction shows thorough mindless and careless policy of pleasing multinationals who now invest privately in forest land.

BHRPC believes the pronouncements of the forest minister to the press are to create a larger sore in the already injured and the killed masses of protestors, which, the least to say, is inhuman. This is also a form of structural violence on the landless forest dwellers and on their legal rights. BHRPC, therefore, demands adequate compensation to the already damaged properties of the landless people living in the Lalmati area of Guwahati and demands penal action on the errant police authorities who resorted to firing. BHRPC strongly believes that the incident of firing and killing could have been avoided if timely intervention could have been made by the Government, who chose to ignore the voice of the landless and the poor. BHRPC also expresses solidarity and concern with the democratic movement of the landless. BHRPC demands adequate medical care for all the injured protestors as well as for the police personnel. BHRPC further demands that the deceased be given adequate compensation on humanitarian grounds. Any delay and inaction due to bureaucratic indifference on these aspects of human disaster would only vitiate the social and political environment of the state. BHRPC only hopes that the Government accepts its moral responsibility for the entire calamity and chalks out appropriate measures to grant the landless pattas on forest land.

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
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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: