Annual Report
2013-14
civilian, later identified as Mohd. Habibur Rahman (Habu), s/o Mohd. Saidur Rahman of
village Satrashia, PO Babupur, Police Station Shibgong, Chpainawabgong, Bangladesh, at
about 0600 hours on 9 December 2011 at ACP No. 07 of Border Out Post Charmurashi. On
questioning of those personnel, it was revealed that the civilian was a cattle smuggler who
was caught while smuggling cattle from India to Bangladesh in early hours of 9 December
2011 and he was released unauthorizedly by them after manhandling.
4.77 The report further stated that a departmental Staff Court of Inquiry was conducted
on the incident, which established that though suitable standing instructions were in place
for companies deployed at border to adhere to the laid down SOPs regarding observance
of human rights on the border, Head Constable Sanjeev K.R. and accompanying seven
Constables were found responsible for stripping and beating the apprehended Bangladeshi.
Disciplinary action was taken against them by the Summary Security Force Court. Head
Constable Sanjeev K.R. was reduced to the rank of Constable and his one month’s pay and
allowances forfeited. Seven Constables were punished with 89 days rigorous imprisonment
each in Force Custody.
4.78 Upon consideration of the report of the Deputy Inspector General, BSF, the
Commission held that it was established that Mohd. Habibur Rahman, a Bangladeshi, was
stripped naked and assaulted by personnel of the BSF headed by Head Constable Sanjeev
K.R. Though Shri Mohd. Habibur Rahman was a foreigner, yet human rights are inherent to
a human being and his human rights were violated by the BSF personnel inside the Indian
border, the Commission expressed the view that the victim was entitled to be compensated
by the Government of India. The Commission, therefore, issued a notice U/S 18 (a) (i) of the
Protection of Human Rights Act, 1993, to the Secretary, Ministry of Home Affairs, Government
of India, to show cause as to why it should not recommend suitable compensation for the
victim.
4.79 The Ministry of Home Affairs, Government of India failed to respond to the show
cause notice despite reminder and therefore, having regard to the facts and circumstances,
the Commission vide its proceedings dated 3 June 2013 recommended to the Ministry
of Home Affairs, Government of India, New Delhi to pay a sum of `50,000 to the hapless
victim Mohd. Saidur Rahman, who suffered at the hands of a BSF Head Constable. Secretary,
Ministry of Home Affairs, Government of India was asked to send compliance report along
with proof of payment to the Commission within a period of three months. Despite reminder,
compliance report has not yet been received.
9.
Death of a Youth due to Torture by Sashastra Seema Bal Personnel at Village
Valmikinagar in West Champaran District, Bihar
(Case No. 2572/4/8/08-09-ACD)
4.80 The Commission received a complaint from Shri Suman Kumar Verma, alleging that
his son Gaurav Kumar Verma had been tortured to death by Sashastra Seema Bal (SSB)
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