Posts Tagged ‘HRDs’

Reporter assaulted in Assam for exposing corruption in government works

April 10, 2012


Introduction:

The Barak Human Rights Protection Committee (BHRPC) is deeply concerned over an incident of assault of a reporter in Cachar district in Assam while he was returning home after collecting information and taking photographs of alleged irregularities in works under the National Rural Employment Guarantee Act, 2005 (NREGA) in Borkhola development block area. The victim was severely beaten up that caused serious injuries including breaking of his teeth. The incident happened at a place a little away from a work site at Sonapur Gaon Panchayat (GP) on 28 February 2012.  The attackers were allegedly workers of a political party. Although the police registered a case against the attackers, instead of investigating the case, they registered another false case against the victim allegedly due to political interference. The victim is still traumatized and can not go out for work for fear of loss of limbs and life.

The case:

The BHRPC received a written communication from the victim Mr Sibir Ahmed Barbhuiyan on 7 April 2012 giving details of the incident and other relevant information. Mr Barbhuiyan is aged about 34, son of late Basarat Ali Barbhuiya and a resident of village Chandpur Part-III under the jurisdiction of Borkhola police station (PS) in Cachar. He is presently working as a local correspondent with the Dainik Jugasankha, a local daily news paper published from Baidyanath Sarani, Rongpur, Silchar-9. He also does a part time job as an insurance agent with the Life Insurance Corporation of India (LIC). It is also stated that Mr Barbhuiya also works as the president of a village level non-government organization named Borkhola Gram Bikash Parishad that aims to work for equitable and sustainable development of the villages in Borkhola block particularly by ensuring proper implementation of the government rural development schemes. It is registered under the Societies Registration Act, 1860 vide No. RS/CA/243/G/32. However, the BHRPC could not thoroughly inquire into the works and activities of the NGO and its members.

According to the information provided by the victim, on 28 February he went out for works in the morning as usual. After the day’s work when he was returning home at about 9 pm some job card holders under the NREGA informed him that the GP president (elected head of the village level local government body) Ms Nazima Begum Laskar and its secretary Mr Shew Kumar Pandey caused deployment of Excavator and Tripper machines for soil excavation at the construction work of a village road from Dispur to Ashrab Shah Mukam in Sonapur GP and that the machines were at work at the time.

The work was sanctioned under the NREGA which is an Act of parliament ofIndiaenacted to enhance livelihood security in rural areas by providing at least 100 days of guaranteed wage employment in a financial year to every household whose adult members volunteer to do unskilled manual work. The use of machines in such works defeats the very purpose of the legislation. The operational guidelines for implementation of the law issued by the Ministry of Rural Development, the nodal ministry of the government ofIndiafor implementation of the Act, also categorically say that no contractors and machinery is allowed and a 60:40 wage and material ratio has to be maintained. Therefore, Mr Barbhuiya felt he was duty bound as a working journalist and social worker to capture the evidence of violations of law in camera. Accordingly he went to the work site immediately and shot some photographs.

 According to the information, after taking photographs when he reached Ashrab Shah Mukam a group of about 12 people led by one Liakat Ali Barbhuiya attacked him. Some of the attackers were identified by him as (1) Liakat Ali Barbhuiya, son of late Mujibur Rahman, (2) Abdul Mannan, (3) Jelu Mazumder, son of Gousul Mazumder, (4) Gousul Mazumder, (5) Anor Uddin, (6) Manjurul Haque, son of Nur Uddin, (7) Babul Ahmed, son of late Mujibur Rahman and other 4/5 unidentified persons. All of them are residents of village Sonapur under Borkhola police station and local workers of the congress party, the ruling political party inAssam. The victim stated that the attackers started beating him and continued to box and punch him till they broke one of his teeth and he fell unconscious. The victim alleged that the attackers then took away all his belongings including a camera (canon 14:4), a gold ring (4 Ana), two mobile handsets (Nokia 3110) with SIMs bearing numbers 9401311524 and 9854901235, one HMT wrist watch and Rs. 33,000.00 (thirty three thousand) cash of insurance premium that he collected that day and some important documents etc.

The victim further stated that when his senses returned he found himself confined in a nearby house belonging to one of the alleged attackers Gousul Mazumder and he sensed that they were preparing weapons to kill him. At this point in time the officer In-Charge (IC) of Bhangarpar police outpost Mr Robin Hazarika reached the spot who rushed after receiving information about the incident and rescued the victim but did not nab the attackers and recover the stolen stuffs and thus they fled away at his arrival. Mr Barbhuiya was then taken to a local hospital and later shifted to theSilcharMedicalCollegeand Hospital, Silchar (SMCH) where he was admitted in the surgery department and received treatment until he was released on 5 March.

The police officer told the victim that he needed to visit the police outpost in order that his complaint was registered while the victim was in severe need of urgent medical attention. Mr barbhuiya could not visit the outpost that night as he was at the Sonapur primary health centre (PHC). However, he managed to file a written complaint on 29 February at the Bhangarpar outpost. Still the police did not register the case promptly, let alone taking any actions. When the health condition of the victim deteriorated and he had to be rushed to the SMCH on 1 March and the police was repeatedly urged to take actions the Borkhola PS registered a case against the alleged attackers vide Borkhola PS Case No. 29/12 dated 1 March 2012 under sections 341, 326, 506, 379 and 34 of the Indian Penal Code, 1860 (IPC) for wrongful restraint, grievous hurt, criminal intimidation, theft and joint commission of the offences respectively. Sub-inspector of police Mr Robin Hazarika has been made the investigation officer (I/O) of the case.

Mr. Barbhuiya, however, alleged that even after registration of the case the I/O did not take any actions against the accused and investigation of the case did not proceed at all. No statements of the witnesses recorded. No stolen goods recovered. No arrest of the accused was made though they were roaming free. It is alleged that the police facilitated grant of pre-arrest bail of the accused persons from the Gauhati High Court by sending a biased and false report of the case to the court without investigations. After being repeatedly urged to take actions as per law, the officer told that he could not take any actions as he was asked by Dr Rumee Nath, the member of Assam legislative assembly (MLA) belonging to the ruling congress party and representing Borkhola constituency, not to take actions, the victim alleged in his written communication addressed to the BHRPC.

The victim further alleged that he believed that the attack on him was carried out at the behest of the MLA who wanted him to be killed because as a scribe he reported at different times stories containing allegations of corruption made by the people against her. He also mentioned that foundation stone of the particular NREGA work where he found violations of laws was laid by her and the local monitoring body is comprised of party workers loyal to her including the GP president and Liakat Ali Barbhuiya and some other attackers. However, when the BHRPC contacted Ms Nath for her side of the story she did not respond.

It is also alleged that under political influence the police registered a false case against the victim based on a complaint filed by one Ms Champarun Nessa (aged about 45 years) of village Sonapur Part-I vide Borkhola P.S. Case No. 30/12 under sections 341, 354, 376 and 311 of IPC on 1 March 2012. The sections invoked provide punishment for wrongful restraint, assault or criminal force on woman to outrage her modesty and rape. Although the case involves serious offence of rape the self-proclaimed rape victim was not medically examined and her statement was also not recorded by a judicial magistrate. The BHRPC believes that this case against Mr Barbhuiya is absolutely false and malicious filed with malafide intention of abusing the legal process to subvert the object of law, to weaken the case against the alleged attackers of Mr Barbhuiya, to harass and intimidate him. It goes against reasons and common sense that a person who sustained injuries amounting to grievous hurt within the meaning of section 326 of the IPC would be able to commit offence like rape soon thereafter. In fact, it has become a practice for unscrupulous influential persons to procure some complainants and cause registration of serious offences against human rights defenders and anti-corruption activists.

In view of the position and intent of the people against him and the negligence of the police in their duties and their abetment in harassing and intimidating the victim, he is apprehensive of more attacks and seriously concerned for his life and limbs and police harassment as well as for those of his family members and members of the Borkhola Gram Bikash Parishad. He said he always feels that his life and liberty is at risk as the alleged perpetrators are at large and consequently he could freely move and work.

The rights:

The BHRPC thinks that the information reveals a prima facie case of violations of fundamental rights of the victim to freedom of speech and expression under Article 19 (1) (a), the right to practice profession of one’s choice guaranteed under Article 19 (1) (g) and the right to security and physical and psychological integrity under Article 21 of the constitution of India as read by the Supreme Court of India. The non-investigation of his case by the police also entails violations right to truth, justice and reparation.

It is also a prima facie case of violations of human right ‘to freedom of opinion and expression’ as enshrined in Article 19 of the Universal Declaration of Human Rights, 1948. The rights violated in this case are also guaranteed in Article 19 of the International Covenant on Civil and Political Rights, 1966 to whichIndia is a state party. This covenant including this Article is a part of the Human Rights Protection Act, 1993 by virtue of section 2 (1) (d).

It is obvious that the attack was carried out, if not to kill him, to take away the sense of security under which comfort Mr Barbhuiya works legitimately and peacefully both as a journalist and president of the Borkhola Gram Bikash Parishad against corruption and irregularities in implementation of rural development scheme of the government for practical realization of the rights of the people, particularly their social and economic rights. These circumstances make the definition of human rights defender as understood in the context of the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (also known as the declaration on human rights defenders) applicable in the case.

Human rights works including socio-economic and cultural rights by peaceful and legitimate means are both duty and rights of every individual as spelt out in the declaration on human rights defenders. Particularly Article 12 of the declaration imposes duty on the State to “take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or dejure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present declaration.”

 The Protection of Human Rights Act also mandates the National Human Rights Commission (NHRC) to inquire, suo motu or on a petition presented to it by a victim or any person on his behalf, into complaint of (i) violation of human rights or abetment thereof or (ii) negligence in the prevention of such violation, by a public servant under section (a) 12. It is also the mandate of the NHRC to encourage the efforts of non-governmental organisations and institutions working in the field of human rights under clause (i) of the same section, which includes protection of defenders.

The actions:

In view of the circumstances the BHRPC wrote to the authorities including the prime minister ofIndia, the chief minister ofAssam, the president of the All India Congress Committee and the chairperson of the Press Council of India and also filed a complaint at the NHRC urging them to cause the relevant authorities:

 1. to conduct a prompt, objective and exhaustive investigation into the alleged assault on Mr Sibir Ahmed Barbhuiya, failure of police to perform their legal duties in investigating the allegations and the role of MLA Dr Rumee Nath in the alleged violations of human rights;

 2. to take all necessary measures to protect the physical and psychological security and integrity of Mr Sibir Ahmed Barbhuiya and his family and all members of Borkhola Gram Bikash Parishad and their families;

3. to provide adequate reparation in terms of monetary compensation to Mr Sibir Ahmed Barbhuiya for loss of his equipments, documents and other valuables and for suffering physical and mental agony;

 4. to guarantee that human rights defenders in Assam are able to carry out their legitimate human rights works without fear of reprisals, and free of all restrictions including assault by goons and police harassment;

5. to guarantee that citizens and particularly the journalists in Assam are able to exercise their right to freedom of thought and expression without fear of reprisals, and free of all restrictions including assault by goons and police harassment.

10 April 2012

Guwahati,Assam

For any clarification or more information you may contact

Waliullah Ahmed Laskar

Mobile: +91 9401942234

Email:wali.laskar@gmail.com

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Illegal raid and Intimidation of human rights defender, Seram Herajit Singha by the army in Assam, India

January 21, 2012

Barak Human Rights Protection Committee (BHRPC) received information regarding intimidation of human rights defender, Seram Herajit Singha and harassment of his family by Armed Forces personnel and Assam Police personnel. It is reported that a team of about 20 armed persons raided his house at mid-night on 5 January, 2012 looking for him. But he was not home at that time. There is concern about his and his family’s physical and psychological security.

 Seram Herajit Singha, aged about 27 years and son of S. Amuyaima Singh, is a permanent resident of village Serunkhal, Rongpur Pt-II in the district of Cachar,Assam. He is a well-known social activist working in the fields of wild life and environment and issues relating to Manipuri community living in BarakvalleyofAssam. Currently he works at the Committee on People and Environment (COPE) as Organising Secretary since its establishment in 2009. The COPE has been working for protection of environment and wild life mainly through awareness building among the people by seminar, public meeting etc. At present the activities of COPE is more focused on the campaign against the proposed dam on the river Barak at Tipaimukh for its apprehended devastating affect on the downstream area.

 According to the information, in the dead of night at about 1am on 5 January, 2012 about 20 person carrying guns and sticks raided the houseS Herajit. Some of them were in uniform and others wore civil dress. After they woke up Herajit’s father, mother and younger brother the soldiers told them that they were looking for Herajit. The family informed them that he was not home, as he had gone to Guwahati for works of his organization. The raiding party asked some questions about the activities of Herajit. On inquiry some of the soldiers informed only that they are from Armed Force but did not tell which regiment they belonged to. One of them was in police uniform and he identified himself as a constable of Assam Police posted at the Rongpur Police Outpost at Madhuramukh under Silchar Sadar Police Station.

 The family was shocked and fear-stricken at this mid-night raid. They thought that the soldiers came with malafide intention which might have been even physical termination of Herajit. Because there was no criminal complaint registered with the police against him and he is a responsible and peace loving law abiding citizen. Such a raid at mid night by the army is not warranted for the purpose of law enforcement at any event. Since then he and his family have been living in uncertainty and fear. It is not unreasonable to think this way in this part of the country since many cases have been documented where the worst happened in this way.

 When contacted, the district Superintendent of Police (SP) pleaded ignorance of such a raid but assured of an inquiry. The officers of the nearest army camp at Pailapool denied that any such raid was conducted by them. However, the police officers at the Rongpur Outpost said that they were asked by the army the day before to make available one or two constables for a raid in the night and accordingly they delegated a constable. They refused to say anything more abut the identity of the army personnel or the purpose of the raid. As still no visible steps have been taken by the SP, Herajit, his family and his organization lost faith in his assurance.

 BHRPC thinks that the raid was conducted to intimidate and harass Herajit and his family for his legitimate works relating to human rights of the people to clean environment and particularly his works in the campaign against the proposed dam at Tapaimukh in Manipur launched by the COPE.

 Human rights works including environmental rights by peaceful and democratic means is both duty and rights of every individual as spelt out in the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (also known as The Declaration on human rights defenders. Particularly Article 12 of the Declaration imposes duty on the State to “take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or dejure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”

 Under Article 20 f the Universal Declaration of Human Rights everyone is given the right to freedom of peaceful assembly and association which includes forming and working in non-governmental organizations. The UDHR also provides in Article 12 that “no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.”

 The conduct of the soldiers also amounts to interference in due process rights laid down in Article 14 of the International Covenant on Civil and Political Rights to which India is a state party including Article 17 that states that “1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.” and “2. Everyone has the right to the protection of the law against such interference or attacks.” and Article 22 which provides that “everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.”

 Further more, the right to form association and unions is also guaranteed in Article (c) (1) 19 of the Constitution of India.

 Clause (d) of sub-section (1) of section 2 of the Protection of Human Rights Act, 1993 defines human rights as “the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts inIndia.” The Act also mandates the National Human Rights Commission to inquire, suo motu or on a petition presented to it by a victim or any person on his behalf, into complaint of (i) violation of human rights or abetment thereof or (ii) negligence in the prevention of such violation, by a public servant; under section (a) 12 and to encourage the efforts of non-governmental organisations and institutions working in the field of human rights under clause (i) of the same section.

 In the circumstances of the facts of the case and the human rights laws and norms it is imperative that the authorities inIndiashould:

 1. Initiate an immediate, impartial and exhaustive investigation into the reports of illegal raid and harassment of family of human rights defender and COPE member Herajit Shingh;

 2. Take all necessary measures to guarantee the physical and psychological security and integrity of S. Herajit Shingh and his family and all members of COPE and their families;

 3. Guarantee that human rights defenders inAssamare able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions including police harassment.

BHRPC hails Supreme Court order granting bail to Dr. Binayak Sen

April 17, 2011

The Supreme Court of India granted bail to Dr. Binayak Sen, an internationally recognised human rights defender on 15 April after a prolonged hearing. Dr. Sen was serving life sentence meted out to him on 24 December 2010 along with two others. Dr. Sen was charged with sedition under sections 124A read with section 120B of the Indian Penal Code, 1860. He was also charged with working for outlawed Maoists under sections 8(1), 8(2), 8(3) and 8(5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam (Chhattisgarh Special Public Safety Act), 2005 and section 39(2) of the Unlawful Activities Prevention Act, 1967. Barak Human Rights Protection Committee (BHRPC) on 31 January 2011 wrote to the Prime Minister of India and other authorities including the Chief Justice of India urging them to release him and repeal these repressive laws.

BHRPC hails the order of the Supreme Court of India granting bail to Dr. Binayak Sen made on 15 April 2011 and reiterates (See earlier statement) its demands for a thorough and objective inquiry into the alleged conspiracy to falsely book Dr. Sen in order to intimidate other human rights defenders and to repress voice of dissent. BHRPC also urges the authorities in India to immediately release all other human rights defenders who are put behind bars unjustly.

BHRPC further welcomes the statement of Union Minister for Law and Justice that laws of sedition need to be revisited and urges the government to repeal/amend all repressive laws including the infamous Armed Forces (Special Power) Act, 1958. BHRPC expresses its solidarity with Irom Chanu Sharmila of Manipur who has been fasting for more than a decade demanding repeal of the AFSPA.

Assault on human rights defenders in Hailakandi, Assam

April 3, 2011

Human Rights Defenders Mr Choudhury Charan Gorh and Mr Shyama Prasad Kurmi were subjected to physical assault on 30 June 2009 in Hailakandi, Assam. Mr Choudhury Charan Gorh is the secretary of NGO HELP, a grass-roots organisation which monitors corruption in the local self-government (the Panchayati Raj) and works for the practical realisation of rural development. Mr Shyama Prasad Kurmi is also a member of NGO HELP.

On 30 June 2009, NGO HELP convened a public meeting to discuss the scale of corruption in the implementation of rural development schemes by the local government in Assam, in conjunction with the Mazuri Shramik Union, a local labour organisation which raises awareness concerning the development schemes of the Union government of India and the State Government of Assam. At approximately 3.00 pm, a group of armed men, carrying daggers, sticks and swords, broke up the meeting and assaulted the attendees indiscriminately. Choudhury Charan Gorh and Shyama Prasad Kurmi sustained severe injuries and were admitted to hospital. The identity of the armed men who assaulted them is known to the human rights defenders; they are believed to be connected to the president of Aenakhal Gaon Panchayat, the village level unit of the institution of Pachayati Raj.

The organisers of the public meeting had previously informed the District Magistrate and Superintendent of Police of Hailakandi and Officer-in-Charge of Lala police station of the forthcoming meeting. They had also requested a police security presence for the meeting, fearing a potential disruption from those involved in corruption in local development schemes. No response to this security request was received. Following the attack, the organisers of the meeting filed a complaint with the Lala Police Station. As yet, no visible action has been taken by the police to investigate the case or bring the perpetrators to justice.

BHRPC informed Front Line regarding the incident with in turn issued an Urgent Appeal on 13 July 2009. BHRPC also wrote to the Prime Minsiter of India and Prime Ministers’s Office forwarded the complaint to the Chief Secretary of Assam for taking actions. But no actions were taken despite several reminders.

BHRPC wrote to the Uinted Nations Special Rapporteur on the situations of human rights defenders on 14 January 20011.

False cases filed against HRDs

April 3, 2011

Sadique Mohammed Laskar, member of BHRPC, Shahidul Hoque Laskar, Secretary of Kishan Bikash Samity (KBS), a voluntary community organisation based at Banskandi in Cachar district and its other members were implicated in a false case, their houses were raided and local people of Banskandi were harassed in June 2008.

Kishan Bikash Samity works to expose corrupt officials using the Right to Information Act, 2005. On 4 June 2008 members of the public and students demonstrated front of the office of the Block Development Officer (BDO) of Banskandi to protest against corrupt practices of the officials regarding implementation of the Government welfare schemes exposed by the KBS. Police registered a false case against the demonstrators under section 143, 447, 341, 353, 383, 379 and 487 of the Indian Penal Code, 1860 vide Lakhipur Police Station Case No. 148/08 including 5 members of KBS and 30 other unidentified persons of the locality. Police started wholesale raiding and harassing of the local people. When Sadique Mohhamed Laskar on behalf BHRPC started documenting the rights violations of people during the raids, police threaten him and even raided his house, despite absence of his name in the First Information Report (FIR).

There was preparation to arrest Shahidul Hoque Laskar in order to prevent him to appear as a petitioner before the State Information Commission, Assam (SIC) in an appeal case against the BDO, Banskandi. Sahidul Haque Laskar applied for pre-arrest bail in the Gauhati High Court apprehending arrest though he was not named in the FIR. High Court granted him pre-arrest bail vide B A No. 2447 of 2008. The High Court accepted that the ground for apprehension of arrest is the date of hearing on 17 July 2008 before the SIC and mentioned in the bail order that bail should be granted so as he can appear before the SIC on that day.

The false case is still pending with the police. No report was submitted to the court. No investigation was conducted to unearth the conspiracy to harass and intimidate the HRDs and to bring the perpetrators to justice.

BHRPC wrote to the Uinted Nations Special Rapporteur on the situations of human rights defenders on 14 January 20011.

Harassment and intimidation of BHRPC member by police

April 3, 2011

Waliullah Ahmed Laskar, member of the legal team of BHRPC was detained by Assam police on 4 December 2008 with a view to intimidate him. In the evening at approximately 8:00 pm, he was in an internet cafe in Guwahati when a group of armed police officers from Dispur Police Station, led by the Deputy Superintendent of Police (DSP), entered the café and approached him. The DSP demanded that Waliullah Ahmed Laskar show him what he was downloading, which he did. Waliullah Ahmed Laskar was then held in a police Jeep for 30 minutes while the DSP examined his computer. The DSP and police officers then searched Waliullah Ahmed Laskar´s room and confiscated all of his belongings pertaining to the BHRPC which included documents, his brief cases, laptop, USB flash drive and mobile phone.

Waliullah Ahmed Laskar was subsequently taken to Dispur Police Station where he was questioned by a team from the Subsidiary Investigating Bureau and the Intelligence Bureau until approximately 2:00am on 5 December 2008. Waliullah Ahmed Laskar was subsequently kept in detention while the police informed him that “experts” from outside of Assam were checking the items which had been confiscated. At 9:00 pm of the 5 December 2008 his items were returned to him and he was released without charge.

Prior to his arrest and interrogation Waliullah Ahmed Laskar had been assigned by the BHRPC to prepare a draft Project Proposal on ” The Right to Freedom from Torture and Violence: Compatibility of Indian Law and Practice with International Human Rights Standards (focusing on the North East Indian situation)”. As a member of BHRPC, he also participates in the ongoing policy making deliberations of the organization. For these reasons Waliullah Ahmed Laskar had been using the internet as his primary source of information concerning violence, torture, terrorism, counter terrorism, policing, human rights etc. The Dispur police allegedly informed Waliullah Ahmed Laskar that the basis of his interrogation was his research of information on these topics by internet.

BHRPC informed Front Line– the International Foundation for the Protection of Human Rights Defenders based Dublin about the incident. Front Line accordingly issued an Urgent Appeal on 10 December, 2008.

BHRPC also submitted a complaint to the National Human Rights Commission of India (NHRC) on 26 December, 2008 along with an Affidavit by Waliullah Ahmed Laskar. The NHRC registered a case as Case No.158/3/24/08-09/OC and transmitted the complaint to the Director General of Police, Assam on 15 January, 2009 asking him to dispose of the case.

The complaint was against the Assam Police and the NHRC transmitted it to the same Assam Police for disposal. Naturally they did not take any substantial actions. They submitted a report to the government and the NHRC absolving both Waliullah Ahmed Laskar and themselves without any proper enquiry trying to justify their actions on the ground of public welfare. No further actions were taken by either the government or the NHRC despite several reminder from the BHRPC. The case is still pending.

BHRPC wrote to the Uinted Nations Special Rapporteur on the situations of human rights defenders on 14 January 20011.

Release Dr. Binayak Sen, Protect HRDs and Repeal Repressive Laws

January 31, 2011

Press Statement

For immediate release

31 January, 2011, Silchar

Release Dr. Binayak Sen, Protect HRDs and Repeal Repressive Laws

Barak Human Rights Protection Committee (BHRPC) on 31 January 2011 wrote to the Prime Minister of India and other authorities including the Chief Justice of India to express its shock and deep concern at the incarceration of Dr. Binayak Sen, an internationally recognized physician, health worker and human rights defender. He has been convicted on 24 December 2010 along with two others and has been sentenced to imprisonment for life. Dr. Sen has been charged with sedition under sections 124A read with section 120B of the Indian Penal Code, 1860. He has also been charged with working for outlawed Maoists under sections 8(1), 8(2), 8(3) and 8(5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam (Chhattisgarh Special Public Safety Act), 2005 and section 39(2) of the Unlawful Activities Prevention Act, 1967.

Reports show that the trial was unfair and failed to meet the standard of criminal jurisprudence and human rights norms. It is seen that documents have been fabricated by the police and false witnesses introduced. The judgment suggests that the judge has ignored evidence provided by the defence and has relied on hearsay evidence of the prosecution. Guilt of Dr. Sen has not been proved beyond reasonable doubt, which is a primary requirement for conviction.

BHRPC believes that Dr. Sen as been targeted maliciously for his peaceful and legitimate human rights works and criticism of the government policy that violates international human rights norms. His prosecution is malafide; in fact it is a persecution. He has been made an example of by the state as a warning to other human rights defenders not to expose human rights violations.

Dr. Sen, giving up great career opportunities, dedicated his life in providing health care to the poorest people in the remote villages in Chattishgarh without access to public medical care, where he founded a hospital and trained women to provide basic health care. He also served as an adviser to the state government’s public-health committee until May 2007, when he was arrested. As human rights defender holding the positions of national vice president and president of Chattishgarh Unit of the People’s Union for Civil Liberties (PUCL), a leading civil liberties organization in India, Dr. Sen documented numerous cases of gross human rights violations by the security forces and Salwa Judum, a private militia held to be sponsored by the Chattishgarh government in the name of fight against Maoists, an armed opposition group which also does not respect the rights of people.  Dr. Sen often raised his voice against the massacres of people by both the sides and appealed for dialogue and peace.

Human rights defenders like Dr. Sen provide services that should be provided by the government. They play a great role in upholding and fulfilling the constitutional mandates and establishment of the rule of law by documenting incidents of unlawful actions and atrocities of state agencies, offering legal advice and intervention and constructive criticisms of the wrong policies. They provide legitimate outlet for the grievances of the people. They are not the enemies but the friends of the state and people.

This has been recognised by the United Nations as well as by the government of India. The UN adopted a Declaration on Human Rights Defenders in 1998 that provides for the support and protection of human rights defenders in the context of their work. The Indian parliament passed the Protection of Human Rights Act in 1993 that recognises the role of HRDs and mandates the National Human Rights Commission to support non-governmental organisations in their human rights work. But in reality people like Dr. Binayak Sen are persecuted and prosecuted under the same laws that were used by the British colonial rulers against people like Mahatma Gandhi and Bal Gangadhar Tilak.

BHRPC believes that using repressive laws of colonial era against HRDs and innocent people and enacting new such laws empowering the law enforcement agencies to trample upon universally recognised human rights of the citizens is not the solution to the problem of unrest and insurgency. The rule of law, fundamental constitutional rights and universally recognised human rights must be upheld.

Many Indian laws meant to deal with insurgency and terrorism fall well short of the constitutional and human rights standards even keeping in consideration the derogation provided therein. Some of them have been struck down by the SC (for example, some provisions of the Terrorist and Disruptive Activities (Prevention) Act, 1985), some of them have been modified and their imports narrowed down (for example, section 124A of the IPC) and in cases of some others the SC provided additional guidelines to save them from unconstitutionality (for example, the National Security Act, 1980, the Armed Forces (Special Power) Act, 1958 some special laws enacted by state legislatures including the Assam Disturbed Areas Act, 1955 etc.). The UN Human Rights Committee and other organs continue to recommend the Indian state to repeal or amend such laws in order to make them compatible with the international human rights standards. However, these laws are maliciously being used against HRDs increasingly in many states in India.

BHRPC understands and hopes that legal questions in the case of Dr. Sen will be addressed in the High Court and Supreme Court expeditiously. But there is no judicial avenues to undo the damage done particularly to the mental and physical health of Dr. Sen who is a 61 year old heart patient, his family and friends by putting him in this legal wrangle. Facing trial in India is itself a punishment and deterrent. Human rights works in India and country’s image in the world have been affected adversely by this trial. This unfair trial has also put the Indian judiciary and democracy on trial before the international community. Further damage must be stopped and it can be done by releasing Dr. Sen and providing him with adequate reparation and by bringing to book those who conspired to falsely implicate Dr. Sen, fabricated evidence, committed perjury and unduly influenced the judge.

BHRPC, therefore, urged the authorities to ensure that (1) Dr. Binayak Sen must be released immediately and his appeal must be disposed of as soon as possible;  (2) An independent inquiry must be instituted to find out those who conspired to falsely implicate Dr. Sen, fabricated evidence, committed perjury and unduly influenced the judge; (3) Dr. Sen and his family must be provided with adequate reparation; (4) Human rights defenders must be provided full protection and special professional privileges; (5) Repressive laws such as section 124A of the IPC, the Chattishgarh Special Public Safety Act, 2005, the Unlawful Activities (Prevention) Act, 1967, the Armed Forces (Special Power) Act, 1958, the Assam Disturbed Areas Act, 1955 etc. must be repealed or adequately amended and brought in conformity with the international human rights standards.


Neharul Ahmed Mazumder

Secretary General, BHRPC

Click here to download copy of the letter to Prime Minister

BHRPC hails Supreme Court order granting bail to Dr. Binayak Sen

The Supreme Court of India granted bail to Dr. Binayak Sen, an internationally recognised human rights defender on 15 April after a prolonged hearing. Dr. Sen was serving life sentence meted out to him on 24 December 2010 along with two others. Dr. Sen was charged with sedition under sections 124A read with section 120B of the Indian Penal Code, 1860. He was also charged with working for outlawed Maoists under sections 8(1), 8(2), 8(3) and 8(5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam (Chhattisgarh Special Public Safety Act), 2005 and section 39(2) of the Unlawful Activities Prevention Act, 1967. Barak Human Rights Protection Committee (BHRPC) on 31 January 2011 wrote to the Prime Minister of India and other authorities including the Chief Justice of India urging them to release him and repeal these repressive laws.

BHRPC hails the order of the Supreme Court of India granting bail to Dr. Binayak Sen made on 15 April 2011 and reiterates (See earlier statement) its demands for a thorough and objective inquiry into the alleged conspiracy to falsely book Dr. Sen in order to intimidate other human rights defenders and to repress voice of dissent. BHRPC also urges the authorities in India to immediately release all other human rights defenders who are put behind bars unjustly.

BHRPC further welcomes the statement of Union Minister for Law and Justice that laws of sedition need to be revisited and urges the government to repeal/amend all repressive laws including the infamous Armed Forces (Special Power) Act, 1958. BHRPC expresses its solidarity with Irom Chanu Sharmila of Manipur who has been fasting for more than a decade demanding repeal of the AFSPA.

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

January 18, 2011

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

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

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

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

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

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

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

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

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