West Bengal, India
Name of victim: Mr. Anwar Gain, son of Late Elahi Baksh Gain, aged about 35 years, by faith-Muslim, Post Office and Village -Tetulberia, Police Station - Gaighata, District - North 24 Parganas, West Bengal, India.
Name of perpetrators: (1) Mr. N R Paswan, BSF Camp-Inspector; (2) Mr. S. Hudda and (3 – 7) five other BSF constables, all from Tetulberia Border Out-Post Camp, Company-F, Battalion-126, Border Security Force, Police Station- Gaighata, District- North 24 Paraganas; (8) The Officer-in-Charge of Gaighata Police Station.
Place of incident: At the victim’s house at village -Tetulberia, Police Station - Gaighata, District: 24 Parganas.
Date and time of incident: On 3.9.2009 at about 2.30 pm to 7 pm
It revealed during our fact finding that on 3.9.2009 at around 2.30 pm the victim Mr. Anwar Gain was taking rest in his house after coming back from his farming land. At that time Mr. N. R. Paswasn, Mr. Hudda and other 5 BSF jawans from Tetulberia BSF attached with Battalion no. 126 of BSF ‘F’ Company surrounded his house and called him up.
The victim came out of house and those BSF personnel started shouting bringing allegation against him that some cows were kept for smuggling at his Bansbagan (bamboo garden). He told them that he just came from that place and there was no cow assembled for smuggling. But the perpetrator BSF personnel did not pay any heed. They asked him to go to the said bamboo garden with them. Then the victim was taken away in BSF vehicle and he landed at Tetulberia BSF BOP Camp.
In the evening on the same day some villagers namely Mr. Mantu Ghosh, , Mr. Abhimanyu Ghosh, member of local Gram Panchayat(Village Council), Mr. Asim Halder accompanied with Mr. Ghulam Gain, victim’s brother along with Ms. Fatima Bibi @ Gain, wife of the victim went to Tetulberia BOP BSF Camp.
Upon arriving at the BSF camp Ms. Fatima Bibi @ Gain was stopped at the entry gate and she was not allowed to enter into the said BSF Camp premises. She was humiliated with filthy languages by some BSF personnel who also pushed and thrown her out of the gate. Rest of the people was told by Mr. N.R. Paswan that the victim was involved in the smuggling of cattle for which he was apprehended and kept in BSF custody.
Mr. Ghulam Gain, victim’s brother tried to convince Mr. N.R. Paswan saying that the victim had done smuggling only once about two years ago but now he bore no connection with any type of illegal activities. Mr. Paswan did not pay any heed and reportedly told him that if he wanted to see his brother alive then they must give Rs.25, 000/- to him or else the victim would be killed. Then the victim was called only once in front of them and they became shocked by seeing his physical injuries. There were marks of sever assaults and marks of heamatoma on all over his body.
On the same day i.e. 3.9.2009 Mr. Ghulam Gain, victim’s brother reportedly took Rs.10, 000/- on loan from one Mr. Pavitra Halder son of Late Kanai Halder and gave it to the perpetrator BSF personnel. Then the victim was released from BSF Camp but before releasing him, his thumb impression was reportedly taken on a blank paper forcibly by BSF. The perpetrator BSF further threatened the victim and family that if they tried to take any step against BSF then the victim would be implicated in a false criminal case.
Then the victim was immediately admitted in Bongaon Sub-Divisional Hospital for treatment and he remained under treatment in the said hospital from 3.9.2009 to 5.9.2009.
After being released on 5.9.2009 from the hospital the victim filed a petition of complaint in the court of Additional Chief Judicial Magistrate, Bongaon, North 24 Paraganas under section 156(3) of Criminal Procedure Code vide Misc. Petition no. 844/09 and prayed for direction upon the Officer-in-Charge of Gaighata Police Station to treat the petition of complaint as FIR (First Information Report) and start investigation. The court allowing the prayer of the victim sent the petition of complaint to Gaighata Police Station. Thereafter Gaighata Police Station initiated a case vide Gaighata Police Station Case no. 227/09 dated 09/09/2009 under sections 323(voluntary causing hurt)/341(wrongfully restraining any person)/ 354(assault or use of criminal force to a woman with intent to outrage her majesty)/ 379(theft)/308(attempt to culpable homicide)/448(house trespass)/504(Insult intended to provoke breach of the peace)/34(common intention) of Indian Penal Code.