CRPF jawans assault a senior citizen at his home in Assam

Waliullah Ahmed Laskar, published at TwoCircles.net on 26 February 2011

Guwahati: The incidents of excessive use of power by our security forces against civilians in troubled areas continue occurring at regular interval. In a similar incident, 66-year-old Fariz Uddin Barbhuiya of village Kashipur under Silchar Sadar police station in Cachar district in Assam was allegedly assaulted by a team of CRPF jawans more than six months ago but no action has been taken against them yet.

Barak Human Rights Protection Committee (BHRPC) issued a report concerning the case of 66-year-old Mr. Fariz Uddin Barbhuiya of village Kashipur under Silchar Sadar police station in Cachar district in the North East Indian state of Assam. The communication stated that on 27 July 2010 a team of more than 10 Central Reserve Police Force (CRPF) personnel entered his house, assaulted him, his son and wife causing serious injury to the old man allegedly for protesting against breach of contract by CRPF. A case has been filed at the police station but the police have not taken any visible actions yet. Another complaint has been filed at the National Human Rights Commission of India (NHRC) but there is no response as yet from the commission either.

Wounded Mr. Fariz Uddin Barbhuiya at the Silchar Medical College and Hospital, Silchar

According to the report, Fariz Uddin, a retired CRPF personnel lives in his house in front of the camp of 147 battalion of CRPF, a paramilitary force of the central government of India, at 77Kashipur, Cachar. He now supports his family with his pension and a little earnings from a small shop of betel nut (pan-shop) and a phone booth.

The report states that one Mr. Radhashyam Sahu, owner of High Tech Communication, was iven the right to cut green grass from the campus of the 147 battalion at a public auction as the highest bidder. Subsequently on 22 April 2010 Mr. Sahu entered in a contract with Mr. Fariz Uddin that allows the latter to cut the grass and sell them for six months in consideration of advance payment of rupees 7500.00 (seven thousand and five hundred). After a few days Mr. Fariz Uddin came to know that another person was allowed to collect the grass and sell them. He was even not informed of the fact. Aggrieved by the breach of contract, Fariz Uddin went to Mr. Sahu and demanded an explanation. It is reported that Mr. Sahu ignored the question and misbehaved with Fariz Uddin. Then Fariz Uddin brought the matter to the notice of the commander of the battalion Mr. TK Hati with a request for redress on 26 July 2010. Mr. Hati told that he himself engaged the other person who was collecting grass. When Fariz Uddin reminded Mr. Hati about the contract and requested him to return his money the later reportedly got furious and started hurling verbal abuse at him. He also threatened Farzi Uddin with dire consequences and warned him that the commander will teach him a lesson, as alleged in the communication. He went home disappointed and fearful.

Signboard of the PCO owned by Fariz Uddin Barbhuiya that was vandalised by the CRPF

The report further states that without further ado a team of 10/12 CRPF personnel accompanied by Mr. Radhashyam Sahu went to his house at about 4.30pm on 27 July. The team included Constables Mr. Abani Nath, Mr. Shashi Bhushan, havildar Mr. Amir Uddin Laskar and was led by Mr. TK Hati. The victim claimed that the CRPF team forcibly entered into his house and started beating him without rhymes or reasons. They administered blows on him with their gun butts. They kicked him with their boots and punched him on the head and other sensitive parts of the body. Fariz Uddin’s wife Aftarun Nessa Barbhuiya and their son Asif Akhtar Barbhuiya tried to come in-between to save him. They also urged the para-military forces to spare the old man’s life. However, it is alleged that the CRPF team assaulted the mother and son too.

It is further alleged that the CRPF team damaged furniture, utensils and other valuable things in the house. The victims claimed that the raiding team also snatched away the cash box of their shop that contained approximately rupees 2500.00 (two thousand and five hundred).They left the house leaving the old man on the ground soaked in blood. When they were leaving, it is alleged, they warned the victims against complaining to the authorities and the police. They threatened the family that they would be charged with false allegations of keeping illegal firearms and ammunitions if they sought help from human rights organisations and inform the media.

Blood on the ground at the house of Mr. Fariz Uddin

After the CRPF team left, the family called an ambulance and took Mr. Fariz Uddin to the Silchar Medical College and Hospital. He was admitted at the SMCH and when his health improved after a few days’ treatment he was released.

Fariz Uddin also filed a complaint at the Silchar Sadar police station on 28 July 2010. An FIR was registered at the police station based on the complaint as Silchar PS Case No. 1445/10 under sections 147 (rioting or violence by an unlawful assembly), 448 (house trespass), 325 (causing grievous hurt), 323 (causing hurt), 427 (mischief causing damage), 307 (attempt to murder) and 149 (punishment of member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code, 1860. Sub Inspector Mr. Jitu Mani Goswami was made the investigating officer (IO) of the case.

Fariz Uddin, however, alleged that the IO was not investigating the case properly. Instead, the officer-in-charge (OC) of the police station Mr. SK Chouhan was putting pressure on him to come to an amicable settlement with the accused CRPF personnel.

BHRPC suspects that the OC has been influenced by the accused. BHRPC also filed a complaint at the NHRC on 5 February 2011. BHRPC is yet to receive any response from the NHRC.

CRPF personnel tortured and ill-treated by his superiors in Assam

Waliullah Ahmed Laskar

Barak Human Rights Protection Committee (BHRPC) issued a report concerning the case a Central Reserve Police Force (CRPF) personnel, who alleges that he has been tortured and subjected to other cruel, inhuman and degrading treatment by his superior officers. The victim is a wireless operator with 147 battalion of CRPF. But the higher officials allegedly often have sent him in risky operations without arms even at times when he is ill. He has been kept in confinement in inhuman conditions and has also been assaulted and beaten up brutally. Stick has been entered into his anus. The case has been sent to the National Human Rights Commission of India (NHRC), but no independent investigation has been initiated into his allegations.

According to the report of the BHRPC, Mr. Surindar Singh Chouhan, S/o late Anand Bahadur Singh Chouhan, aged about 39 years, has been working with 147 battalion since 1 September, 2008. He was posted at the head quarters (HQ) of the battalion at Kashipur, Silchar, Assam. However, he was also sent in operations with many companies of the battalion including C company at Gharmura, D company at Karimganj, E company at Hailakandi and F company at Fulertal etc.

Surider alleged that some of his superiors became spiteful towards him when he wanted to study MBA, for which he duly fulfilled all requirements. On 4 October 2010 Surindar took admission to MBA course under the Sikkim Manipal University with due permission from the commander Mr. TK Hati and drew a bank draft of Rs. 12500/- in the name of the university to pay his fees. On 5 October he requested for permission to meet the commandant at the head quarters for necessary talks in connection with his admission, study and duty. But his request was denied. When he insisted that his meeting with the commander is very important, the officer got furious and sent him to the head quarter imputing some false allegations on him. He was then sent to the DC OPS Mr. Nabeen Chandra by Sub-Inspector Mr. TN Tripati and Mr. Roy forcibly and very rudely while they also continued to hurl verbal abuses at him. At 19:00 hours same day he was presented before the commandant. The commander also behaved very roughly and threatened him that he would snatch his job and would put him into jail. He was kept in confinement without any written order and subjected to ill-treatment for three days.

On 7 October he requested to be informed of his faults for which he was given punishment. Nobody cared to answer. On 8 October he was suspended from his duties. From 8 to 11 October he was confined to the guardroom with his hands cuffed. Surinder alleged that he was severely tortured both mentally and physically while he was kept there. CRPF constables at the behest of superiors would tell him that this was his last moment and he is going to die while they pointed gun on his head. They did it innumerable times.

When he was with F company he fell ill and was sent to the head quarters by the Officer-in-Command Mr. Anwar Hussain for treatment on 13 October, 2010. But on the same day Mr. K. P. Singh, the Radio Grid Supervisor ordered him to shift to D company at Karimganj. He told the supervisor about his health condition, but no heed was given. On 13 October, 2010 he reported at D company at Karimganj despite inconvenience due to his physical condition.

Surinder alleged that on 21 October 7/8 soldiers including Rajender Singh, Rakesh Kumar, Brojesh Kumar, Sukhbinder Singh, Narendra Singh, Upendra Singh, Prem Chand Kahar came to him and started beating him with sticks and chains without rhymes or reasons. Surinder claimed that the constables tried to make him angry and to provoke him into attacking them. However, he did not fall into the trap. Then they tried to compel him to assault the quarter guard Mr. Jaibuddin Khan. But he did not do that. These tricks were applied by the OC with an intention to find a ground for filing a criminal case against Surinder.

Surider further stated that on 23 October 2010 the OC of D company Mr. TN Tripati ordered him to go in an operation and search duty without arms at Ratabari area, which was reportedly a disturbed area. When Surinder urged the OC to give him arms for his safeguard, he was denied.

Surindar claimed that according to the rules his duties should be assigned by the ASI/ RO Mr. Monoj Singh in place of the OC. So, he objected to such irregular assignment of duties by the OC in violations of rules. However, he was compelled to obey. Surinder further stated that the official record was manipulated and it is shown in the duty register that he was engaged by the ASI/RO Mr. Monoj Singh at signal centre. It register shows that he was on duty there since 07:00 hours to 13:00 hours on 23 October 2010 and again since 19:00 hours on 23 October 2010 to 07:00 hours on 24 October 2010. But in reality he was forcibly sent to the risky operation and search duty. Surinder also stated that he was aware that anybody could be shifted to any duty during emergency and he claimed that there was no such emergency. Moreover, there were many other eligible personnel for the duty. Surinder claimed that the OC sent him in the operation only to harass him by putting his life and limbs at risk. He performed his duties with the Superintendent of Police (SP) of Karimganj district in a search operation looking for some suspects for approximately 24 hours at Ratabari area without food, water etc. While returning from the operation one of his colleagues felt very sick and he carried his LMG.

Surinder further alleged that on 27 October once again some constables assaulted him. They beat up him so furiously that he fell down on the floor. But they did not stop. They beat him on his face, chest, stomach and other sensitive parts of his body including the privates. They entered broken stick into his anus. Surinder stated that some of the constables namely Upendra Singh, Prem Chand Kahar and Dilip Kumar did not want to inflict such brutal torture on him. But they were compelled by threats of similar treatment by Mr. Hati.

Surinder then somehow managed to escape from the clutch of his tormentors as he alleged. He filed a complaint against the alleged perpetrators at the Court of the Chief Judicial Magistrate at Silchar. He also received treatment at the Silchar Medical College and Hospital.  He tried to keep himself out of the reach of his battalion. However, they filed a missing case at the Silchar Sadar police station.

At this point in time on 4 November Surinder sent a communication to the BHRPC giving details of his situation. BHRPC filed a complaint at the National Human Rights Commission of India on 22 November. The NHRC registered a case and passed an order on 7 December transmitting the complaint to the Secretary, Ministry of Home Affairs, for appropriate actions. The NHRC also asked the Home Ministry on 15 December to submit an action taken report within four weeks. But the BHRPC did not receive any information even after seven weeks.

Meanwhile Surinder has been nabbed by the police at Guwahati and sent back to the head quarters of his battalion at Kashipur, Cachar. He has informed BHRPC through a friend that he is being kept under the sky in a poorly made makeshift tent which is unable to protect him from the cold. Every now and then he was being beaten up and subjected to other inhuman treatment. According to the information, food and other necessities were also not being properly provided.

On 11 February the victim was released and granted leave. He went home that day. BHRPC received information that the Home Ministry also reportedly asked for a report from the CRPF at the direction of the NHRC. But the inquiry is being conducted by a DIG of CRPF. It is suspected that the inquiry by another officer of the force against his colleagues would not be objective. On the other hand, the CRPF also initiated a departmental inquiry against him.  A thorough, prompt and independent inquiry in the case is a must.

Assam: Security Personnel Kill an Innocent Person by Firing Indiscriminately at a Market Place in Barak Valley

Waliullah Ahmed Laskar

Personnel of the Central Reserve Police Force (CRPF), a para-military force of the government of India deployed heavily in North Eastern states to provide aid to the state governments in maintaining public order, killed an innocent person on 23 May 2010 by firing without warning and indiscriminately at Panchaboti (known also as Jamalpar), a small market place within the area of Dholai Police Station (PS) in the district of Cachar, Assam, while trying to arrest two other persons reportedly acting on a tip-off. No investigation into the killing is ordered. Police, instead, registered a case against the deceased person incorporating his name in the First Information Report (FIR) filed against the two arrestees. There are fears that post mortem report can also be tempered. Impunity for such frequent extra-judicial killings is taken for granted in this part of India.

After receiving information the Barak Human Rights Protection Committee (BHRPC), a human rights organisation based in Assam, formed a team for finding facts about the incidents. The team visited Bidruhipar, the village where the deceased lived which falls under Sonai PS in Cachar (Assam), spoken with his wife, children, brothers, other relatives and fellow villagers. The team also visited Panchaboti, where the incident occurred and other related areas. They spoke to some eye witnesses and local police officers. The account given here is based on the facts gathered in this way by the BHRPC.

Panchaboti is like a small market place where there are 19/20 shops of various kinds and people from the adjacent villages come for buying or selling household things and for other related purposes. A gathering of 40/50 persons are normally found there. The deceased Iskandar Ali Barbhuiya (aged about 42, son of late Abdul Matlib Barbhuiya) lived at a nearby village Bidruhipar (about 4 km away to the north eastern direction from Panchaboti separated by the river Sonai) under the Sonai PS. He was a small businessman primarily dealing with betel nuts. He would buy row betel nuts from markets and small village firms and sell them after processing. He was the sole earning member of a family of 6 comprising of his wife Monijun Nesa (aged about 38), son Rajib Hussain Barbhuiya (aged about 13) and daughters Jasmin Begum Barbhuiya (aged about 11), Yasmin Begum Barbhuiya (aged about 7) and Najmin Begum Barbhuiya (aged about 4). According to the villagers and the police officials, he was a peace loving person never involved in any crime or immoral acts and he had nothing against him in the police record.

At about 11 pm on the fateful day of 23 May he left his house telling his wife that he was going to the Panchaboti area to collect betel nuts which he would keep at the house of a friend for he intended to visit his sister Champarun Nesa at Krishnapur, Amraghat, though he expressed doubts that he would get time for the visit. He asked his wife not to worry if he did not return that day.

The persons who were present at the time of shooting by the CRPF at Panchaboti state that they heard and saw a group of 11/12 CRPF personnel from A147 Battalion led by Mr Muatoshi Dubichu, Deputy Inspector of Police and in-charge of Shachinpur Camp (Shachinpur comes under Dholai PS), who came there sometime ago, suddenly started firing indiscriminately at about 4.30 pm and people ran helter-skelter in panic. Most of them entered nearby shops and houses and closed the doors. Some of them saw Iskandar running over a small field towards the river Sonai, a tributary of the river Barak. He jumped into the river while CRPF were shooting at him. There was absolutely no provocation of any kind for the CRPF to open fire. The witnesses say that CRPF did not warn the people by any means before starting firing. It was not known at that time what happened to Iskandar. But the CRPF arrested Moniruddin Barbhuiya (aged about 32, son of Abdul Majid Barbhuiya of village Bidruhipar, PS Sonai, Cachar, Assam) and Abdul Khalik (aged about 25, son of Siraj Uddin of village Sundari Part-II, PS Sonai, Cachar, Assam) for whose arrest they came.

The CRPF claimed that they were on a routine patrolling at that time and they observed suspicious behaviour on the part of Moniruddin, Abdul Khalik and Iskandar. They challenged them and when the suspects started running away they opened fire and shot 7 rounds at them. As a result they succeeded in arresting two persons while another (meaning the deceased Iskandar) ran away. They did not know what happened to the later. But they found a country made 9 mm pistol and four pieces of bullets with Moniruddin. According to the CRPF, they are ordinary criminals and did not belong to any organisation. The CRPF handed over the two arrestees to the Palonghat police out post under Dholai PS at about 9 pm that day. Dholai police registered a case against Moniruddin, Abdul Khalik and another (meaning Iskandar but without naming) (vide Dholai PS Case No. 99/2010 dated 23 May 2010) under section 47 of the Arms Act, 1959. On 24 May the Officer-in-Charge (OC) of Dholai PS produced the accused before a magistrate praying for police custody for them which was granted for 7 days. Then they were sent to the judicial custody and at the time of writing this report they are still in jail.

According to the police sources, Moniruddin stated that he is a labourer and worked in Mizoram for a few months. One day in Mizoram when he went to a river to bath there he found a pistol lying there. He picked it up and was trying to sell it. Iskandar is nothing to do with them.

When in the night on 23 May Iskandar did not return home his wife Monijun was not worried and she thought that he had gone to his sister’s house at Krishnapur as she was told. The next day (24 May) Badrul Mia, a neighbour, asked Monijun if she was aware of an incident of firing at Panchaboti the day before where her husband went and whether he returned home or not. She became worried and contacted her sister-in-law at Krishnapur over the phone who told that Moniruddin did not visit her. Then she contacted each and every relatives of her husband but everybody expressed ignorance about the whereabouts of Iskandar. She along with her sister-in-law Sitarun Nesa went to the Sonai PS on 25 May and informed the police in writing that her husband was missing since the day before. It was entered in the General diary of the PS vide GD Entry 601 dated 25 May 2010.

At about 1 pm on 26 May some people of village Sundari Part-II (situated at a distance of about 2 km from Panchaboti) saw a dead body adrift in the river Sonai and informed Kachudaram police out post under Sonai PS. Police, first from the out post and then from the PS, came at about 3 pm and send the body to the Silchar Medical College and Hospital, Silchar for autopsy. At about 11 pm on 27 May the police handed over the body to Monijun. His relatives and fellow villagers performed the last rites at about 2.30 pm.

The persons who performed the pre-funeral ritual bathing of the body state that they saw two holes caused by bullets on the body; one on the waist and the other on the left side of the neck. Report of the autopsy has not been yet provided to the family. Monijun and other villagers fear that perhaps they want to change the report and that is why they are not giving it to her. The BHRPC is trying to access the report.

The local people did not believe the CRPF story. They say that it is possible that Moniruddin and Abdul Khalik were trying to sell the pistol. Probably they fixed the place and time for transaction with the purported buyer to complete the sale at Panchaboti on 23 May. According to them, it is not a case of routine patrol as the CRPF claim but it is probable that the CRPF somehow came to know of the transaction and accordingly they came to nab them red handed. But lack of professionalism and respect for the rights of the general citizens provoked them to open fire when they saw the suspects and it claimed an innocent life in the form of Iskandar. They emphatically say that Iskandar had nothing whatsoever to do with Moniruddin and his activities. He is the victim of carelessness of the security forces for the lives of innocent people. The story which is being told by the CRPF accusing Iskandar of being a partner or accomplice or involved with any other way with Moniruddin or his pistol is a typical attempt of covering up their guilt of killing him and it is gross injustice to the unfortunate soul of the deceased and his wife and children to stigmatise them in this way.

Mr. Kutub Ahmed Mazumder, a member of Assam Legislative Assembly representing the Sonai Constituency also told the BHRPC that he knew Iskandar personally and he is a very good person. He visited the widow on 30 May.

Hundreds of people of the neighbouring villages gathered on 28 May at Hatikhal, a convenient meeting place for the people living at neighbouring villages, and held a condolence meeting which was presided over by Nazrul Islam Ahmed, vice president of Sonai Anchalik Panchayat (Anchalik Panchayat is the middle layer of the three layer local government system consisting of Gaon Panchayat, Anchalik Panchayat and Zila Parishad) where resolutions passed; 1.Condemning the killing of Iskandar terming it as an intentional murder of a law-abiding and peace loving citizen by power fuddled unscrupulous security forces, 2. Condoling the family for their loss, and 3. Demanding compensation and prosecution of the responsible CRPF personnel.

Monijun filed a complaint before the Chief Judicial Magistrate, Cachar on 29 May praying for directing the police for proper investigation of the murder under section 302 of the Indian Penal Code, 1860. The complaint was forwarded to the Sonai PS and was registered as an FIR vide Sonai PS Case No. 126/10 dated 4 May 2010.

The BHRPC also wrote to the authorities including the president, prime minister of India and the chairpersons of the National Human Rights Commission.