19 March 2015
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi – 110023
Ref.:- The NHRC Case No.1491/25/15/2012-PF
Our Complaint dated 10.9.2012
On 16.3.2015 I perused the website of the
Commission in connection with the above noted case reference and found that the
Commission observed that I did not send any comments on the report of BSF and
Police by 6.5.2013.
In this connection I would like to mention that
I received the Commission’s letter dated 5.4.2013 along with the copy of the
report from Police and BSF authority. Upon receipt of the same I sent my
comments on the police and BSF report to the Commission through my email on
23.4.2013. One copy of the said email
dated 23.4.2013 containing my comments on the police and BSF report is attached
herewith for your kind perusal.
I hope that the Commission would note the above
in the record in connection with the above noted case reference and take appropriate
action in this regard.
Reply to NHRC Case no.
National Human Rights Commission
New Delhi-110001 23
Letter dated 5.4.2013 in connection with NHRC Case no. 1491/25/15/2012-PF
against the reports of BSF and Police
First of all I want to apologies for my
previous reply sent to you yesterday by email. Please ignore that. Here is my
We received your letter dated 5.4.2013
in connection with NHRC Case no. 1491/25/15/2012-PF along with the documents
attached with your letter. We place our comments on the reports herein below:-
is stated in the report of the Sub-Divisional Police Officer, Basirhat, North
24 Parganas that during enquiry Ms. Aleya Bibi stated that Jafar Gazi, son of
Siraj Gazi of Nabatkati, distant relatives of the petitioner has taken Rs.
1000/- from her on the plea that he had to pay it to the Custom Officer. But
surprisingly the enquiring officer did not examine Jafar Gazi for the reasons
best known to him. The victim Jubbar Molla and his mother Aleya Bibi were
examined by the enquiring officer and they affirmed the incident of torture and
apprehension of the victim by the perpetrator BSF personnel before the
is also stated in the enquiry report of the Sub-Divisional Police Officer,
Basirhat that “…Officer of Khalsi BOP and Kaijuri of 152 Bn BSF were also
examined and relevant documents were examined but nothing could be found to
corroborate that Jubbar was either apprehended or detained by the BSF
authority…” In this juncture we would like to mention that in Paragraph 4 of
the BSF report it is stated that Zubbar Molla (age approx. 10 years) was
apprehended on 1st July, 2012 and he was brought at BOP Khalsi for
preliminary questioning. Then he was sent to Saraful Rural Hospital for medical
examination and he was handed over to custom authority Tentulia. Such report of
BSF itself evident the cruel and inhuman treatment committed upon the victim
Jubbar Molla who is a minor. The victim being a minor was subjected to
questioning as evident from the report.
The report is itself proof that the victim’s parents were not informed
about his apprehension by the BSF personnel and he was clandestinely handed
over to customs officials.
the other hand the Superintendent of Customs, Tentulia Customs Preventive Unit
in his letter (Memo no.- C no. VIII(26)tent/Cus/Con/2006/376) dated 8.10.2012
addressed to the Officer-in-Charge of Swarupnagar Police Station affirmed that
no such case booked from 25th July, 2012 to 1st August,
2012 in the matter of the victim boy Jubbar Molla, son of Rabiul Molla of
Nabatkati, Police Station-Swarupnagar, North 24 Parganas.
Additional Superintendent of Police, Barasat, North 24 Parganas vide his
letter(Memo no. 352/NZ) dated 11.2.2013 addressed to the Superintendent of
Police, North 24 Parganas stated that
during enquiry it has been transpired that BSF personnel had allegedly detained
Jubbar Molla on 27th July, 2012 while he was grazing cattle and he
was subsequently released.
in short, the reports of the authorities are contradictory with each other and
there is no attempt to come with clean hands with their so called reports
before the Commission. It seems that the police and BSF authorities are only
concerned to save their skin. There is no doubt to assume that the reports are
manufactured and concocted.
we request the Commission to set aside the reports placed before the Commission
by BSF and the police authorities and direct a neutral investigation by the
Commission’s own investigation wing by considering the comments placed by us.
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org