Name of the Victim:
Mr. Rafikul Mondal @ Rafik Mondal, Son of Mr. Najim Mondal, male, aged about- 32 years of Village- Tiktikipara, Post Office- Shibnagar, Police Station- Jalangi, District- Murshidabad
Name of the Perpetrators:
Company Commander (name not known) and 10-12 Constables of Khayartala Company Head Quarter, 52 Battalion of Border Security Force and personnel of Jalangi Police Station
Date & Time of the incident:
14.08.2010 at about 8.00 am
Place of incident:
Tiktikipara village, Post Office- Shibnagar under Jalangi Police Station
Rafikul is living in above mentioned village with his wife and three little kids. He is living under penury and fending himself with his family by working on other’s agrarian lands as an agrarian labour. His name was not listed in BPL category, though he lost last bit of land due to erosion by river Padma.
On the fateful day at the above mentioned time, Rafikul was taking his tea with 15- 16 other villagers and at Mr. Dilbar Seikh’s tea stall. On that time, the said Company Commander along with his said companions, 10-12 in numbers, were coming towards the place from Char (island) Kakmari by a BSF vehicle. The said Company Commandant after reaching the place (Dilbar Seikh’s tea stall) get down from his vehicle and asked the assembled villagers about what are they doing about. He was talking in Hindi. As the villagers are not conversant with the language; they kept mum. As reported, Rafikul knows Hindi a bit and he made reply. Rafikul’s reply made the Commandant furious and by holding Rafikul, he started beating Rafikul black and blue. The said Commandant shouted as “ Tere Ko Maine Nahi Puchha, Tu Kiun, Jawab Diya” (I don’t ask you, why you answered?). He tried to shove Rafikul towards the BSF vehicle. In the meantime the assembled villagers protested the act and womenfolk of the village rescued Rafikul from the said BSF party with its Commandant.
Thereafter, Rafikul visited Jalangi Police Station to register his compliant against the assaulting BSF personnel. The complaint was registered as Jalangi PS GDE No. 1207/10 dated 14.08.2010, but with all predictably, the Jalangi PS not taken any appropriate action, rather suggested Rafikul to lodge his complaint to the court.
Rafikul prayed for lodging his complaint in accordance to section 156 (3) of Criminal Procedure Code at the Court of Chief Judicial Magistrate; Murshidabad on 17th August 2010 against the said Company Commander as an accused. In his petition he referred Mr. Yasin Seikh; son of Atahar Mondal, Ms. Nadera Bibi; wife of Mosaraf Mondal and Ms. Firoza Bibi; wife of Safikul Mondal, all residents of village- Tiktikipara, Police Station- Jalangi, District- Murshidabad as witnesses. In the said petition Rafikul’s advocate brought penal charges under sections 323/341 and 506 of Indian Penal Code against the accused. But till date Rafikul has not been intimated by any police officer about the case. Police investigation also did not start yet. On 15.08.2010, Rafikul visited a doctor’s chamber himself and was physically examined. Doctor found swelling in his body and administered medicines.
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