Discussion:
[IAC#RG] NHRC Case no. 1669/25/13/2016-pf - Protest - NHRC only increased their numbers of disposed of cases upon acting on police report
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"Kirity Roy" (via indiaresists Mailing List)
2018-08-13 03:54:08 UTC
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13 August 2018



To

The Chairman

National Human Rights Commission

Manav Adhikar Bhawan

Block-C, GPO Complex, INA

New Delhi-110023



*Ref.:- NHRC Case no. 1669/25/13/2016-pf*

*My complaint dated 02.12.2016*

*Sub.:- An open letter of protest against the decision of the Commission *



Respected Sir,

I hereunder put my anxious consideration to the decision taken by the
Commission in connection with the above referred case. In the decision of
the Commission I painfully observed the Commission’s ability to put the
last nail in the victim’s struggle for justice for gross violation of his
human rights.

I herein below mentioned the facts and circumstances to show that a mockery
of justice has been done by the Commission.

On 22.06.2018 I received a mail from the office of the Commission informing
me that the Commission issued direction in the above referred case.
Accordingly I searched for the direction from the Commission’s website and
came to learn that the Commission closed the case on the basis of a
communication dated 24.07.2018 received by the Commission from the SP,
Murshidabad and in the said communication it was reported that the
investigation of the case crime no.930/2017(Name of the police station
under which it was registered was not mentioned and the name of the
complainant was also not mentioned) is under progress. The Commission
decided to close the case being satisfied with the said report that the
required action has been initiated by the police. The Commission did not
mention as to how the case crime no.930/2017 was connected with the present
case. The decision of the Commission taken in the present case is still
available in the Commission’s website.

On 02.12.2016 I lodged the complaint in connection with the present case
for the victim Mr. Montu Mondal who sustained multiple pellet injuries due
to firing by BSF on the date of the incident. On 16.10.2016 he submitted a
written complaint before the Superintendent of Police, Murshidabad against
the perpetrator BSF personnel but no action was taken on the complaint. The
Commission took cognizance of my complaint dated 02.12.2016 and called for
reports from the authorities. The Commission received reports both from the
BSF and the police authorities.

On 10.07.2017 I (through Mr. Biplab Mukherjee, the then Secretary of MASUM)
submitted comments before the Commission on the report of BSF and the
police inter alia stating that the BSF report is nothing but a mere report
of self-defence by the BSF. The BSF report was not an enquiry report
because the victim was not heard; he was not given any opportunity to make
his submission on the alleged incident of torture upon him, his complaint
to the Superintendent of Police, Murshidabad was not considered, his
available witnesses were not heard and his medical reports were neither
perused nor considered. The BSF report was blank on giving any information
on the victim’s side of grievances and only provided information which was
suitable for the BSF.

In my comments I further stated that police report submitted by the SP,
Murshidabad also suffered from material irregularities such as the victim
was not heard; he was not given any opportunity to make his submission on
the alleged incident of torture upon him, his complaint to the
Superintendent of Police, Murshidabad was not considered, his available
witnesses were not heard and his medical reports were neither perused nor
considered. The enquiring police officer did not bother to do those things
to make his report a neutral and acceptable one. The police report failed
to put any information why the victim’s complaint before the Superintendent
of Police, Murshidabad was not registered as FIR. Such conduct of the
police was against the guidelines on the mandatory registration of FIR
issued by the Supreme Court of India in the case of Lalita Devi vs State of
U. P. and other—reported in AIR2014SC187.

I also in my comments tried to point out that both the BSF and police
authorities tried to suppress the actual medical history of the victim
regarding the injuries suffered by him from pellet firing by BSF. The
police report stated that the victim was found physically fit in the
available records in both the custody of police as well as BSF. It is to be
noted here that the BSF report stated that the Medical Officer of
Godhanpara BPHC observed cut injury on right hand of the victim probably
due to pellet injury but the victim was declared physically fit. The
medical examination report of Godhanpara BPHC was not attached with the BSF
report. However on the medical examination of the victim conducted by
police, the victim was found physically fit, so inconsistency between the
two reports was clear. The medical report of the victim issued by the NRS
Medical College & Hospital, Kolkata recorded that the victim was suffering
from multiple pellet injuries on right hand. Before that the victim was
under medical treatment of Dr. Swapan Roy who also noted down pellet injury
on the victim. So it is clear that the authorities tried to suppress the
actual state of health of the victim after his arrest. Even the police and
BSF continued to do such suppression in their reports by not bringing the
medical treatment records of the victim before the Commission.

The Commission did not inform me what action was taken by the Commission on
my above mentioned comments submitted on the BSF and police report. Then
the Commission abruptly took the decision of closing the case by relying on
the subsequent report dated 24.04.2018 from the SP, Murshidabad keeping me
in complete darkness. It is very ridiculous to note that mere information
that the investigation of a crime case was under progress prompted the
Commission to close the case. I have no idea as to how the case crime
no.930/2017 is connected with the present case because the Commission did
not bother to send me the said police report dated 24.04.2018 of the SP,
Murshidabad obtained by the Commission.

Therefore, the Commission overlooked the issues as well as the facts
involved which directly indicate gross violation of human rights of the
victim and the Commission actually saved the skin of the perpetrator police
and BSF personnel by taking a haste and half-hearted decision.

The victim prayed for justice before the Commission because the Commission
has powers to hold neutral inquiry, to examine and call for records, to
hear the victim and any other witnesses independently and other powers
relating to inquiries as envisaged under Section 13 of the Protection of
Human Rights Act, 1993. But the Commission did not bother to use any of
those powers in the present case to establish the truth. Therefore no
justifiable required action has been taken by the Commission in this
present case.

The function adopted by the Commission in this case without using its
powers relating to inquiries is a deliberate act of denial of a just, fair
and reasonable proceeding and also against the principles of natural justice.


I hope that the Commission would record my protest against the decision of
the Commission taken in the present case and I would request you to recall
your decision and dispose of the present case in appropriate manner by
considering my concerns submitted above.


Thanking you,

Yours truly



Kirity Roy

Secretary, MASUM

&

National Convenor, PACTI
--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
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