Saturday, May 08, 2010

Indian citizens helplessly languishing in prison of Bangladesh

Shri S.M. Krishna
Honorable Minister
Ministry of External Affairs
Government of India
New Delhi

Dear Sir

I want to draw your kind attention on couple of cases where Indian citizens are languishing in Bangladeshi prisons (Rajsahi Prison) after completing their terms and in couple of others the persons were framed into charges but without having the access to defend them before the Bangladeshi court, which is again requisite international obligation.

I am narrating the incidents with details and hoping that the Governments of India and Bangladesh through their ministries will take appropriate actions to deliver these hapless persons desired legal recourse.

In a gruesome incident of non deliverance of judicial recourse; Masters Mahidul Seikh and Josim Mondal of village- Tiktikipara, Post Office- Bamnabad, Police Station- Jalangi, District- Murshidabad, West Bengal, India are still languishing in Rajsahi prison from 06.09.2006, though acquitted from the charges framed against them. Both of them were minor at the time of their arrest. As we informed from the complaint made to the District Magistrate of Murshidabad, West Bengal by Khajim Mondal, father of Josim Mondal that on the said date his son and his companion Mahidul were kidnapped by the BDR personnel of Charghat BDR camp while catching fish under Indian territory (IB pillar No. 72/10). They were subsequently sent to Rajsahi Court and proved guilty less (innocent) by the Rajsahi Court on 05.09.2007 having reference Charghat PS case No. 05 dated 06.09.2006, GR no. 163/6. Both abovementioned youths are still languishing in Rajsahi central jail. We have copy of the court order with us. Lackadaisical approach from both the neighboring countries creating detrimental affects to their timely release according to their rights and privileges according to law and international conventions.

The only reason of their non- accessibility to court of law and illegal detention in prison after the legal directive given for Mahidul and Josim’s release is due to their socio economic status, which making both of them incapable to get accepted legal reprieve according to the law of the countries with detrimental affects on their repatriation.

Mr. Piyarul Seikh is languishing in Rajsahi prison, while her wife and two kids of 8 years and 2 and ½ years respectively, are living in penury at their native in Indian part. Piyarul is a bonafide Indian citizen and was residing at village- Balibona, Post – Kajipara, Police Station- Jalangi, District- Murshidabad, West Bengal, India. Ms. Mamata Begum; wife of the said accused informed us that her husband was dragged from his house by BDR on 17.01.2007 at about midnight. The family lost their agrarian land due to consecutive river erosions. Piyarul’s wife made a complaint before us about the happening and after monitoring the incident with our Bangladeshi counterpart (human rights organizations); we came to know that her husband was framed by Yusufpur BDR in three different criminal cases; 1) G.R No- 29/07 Charghat PS Case No-12 under section B.C.E Act. Dated 17/1/07, 2) G.R No- 30/07 Charghat PS Case No-13 dated 17/1/07 under section Arms Act 1978 and 3) G.R. 31 Charghat P.S. Case No- 13 dated 17/1/07 under section 25 B Special Act. Mr. Piyarul never get any legal assistance from any advocate in the trial.

In another illegal occurrence one Mr. Haidar Ali aged about 53 years of Village – Pollagary, Post- Bamnabad, Police Station- Jalangi, District- Murshidabad, West Bengal, India with Mr. Aftar Sardar, son of Late Nochar Sardar with same address were abducted by BDR on 27.09.2009 at about 7.00 am. According to the complaint made by Haidar Ali’s wife Ms. Laila Bibi that on 27.09.2009 at about 7.00am while Mr. Haidar Ali accompanied by Mr. Aftar Sardar, son of Late Nochar Sardar with same address went to their agrarian fields near to border pillar number 72/10 adjacent to the Border Security Force’s (India) observation point number 3 of Bamnabad BSF camp and were engaged in cultivation at their own lands forcibly whisked away by BDR personnel from Indian territory to Yusufpur BDR camp (Bangladesh). Later they were handed over to Charghat police station, Rajsahi district of Bangladesh on 27/09/2009. After the incident a flag meeting between BSF (India) and BDR (Bangladesh) took place but BDR declined to hand over the persons to Indian authorities and implicated them with a criminal charge vide G.R. No. 214/09 dated 27/09/2009 under section 4 of B.C.E Act at Charghat police station of Bangladesh. Both of them are now languishing in Rajsahi jail without having any access to defend them for long time. It is also come to our notice that one Mr. Hazrat Ali, practicing advocate recently appeared for those two accused persons, the legal deliverance was not adequate and on time.

Though we are trying to provide these hapless Indian citizens legal supports through human rights organizations of Bangladesh but it should be the prerogative for both the governments concerned according to their international obligations and duties.

Sincerely Yours
Kirity Roy

Secretary - Banglar Manabadhikar Suraksha Mancha (MASUM)
Convener- Programme Against Custodial Torture in India (PACTI)
South Asian Network Against Torture and Impunity (SANTI)