05-West Bengal.pdf - People's watch

FF Code : W.B./MON(S. Mukhtar Ahamed)/
District- North 24 Parganas/ July-14/07/08/Sl.No.- 131
Victim(s) : Md. Aptarul Hossain (a) Aktarul Jamal
Perpetrator(s) : 1) Birendra Kumar Singh, BSF Constable 2) Nandan Singh, AC
3) Tushar Kar, OIC 4) Goutam Chakraborty, SI 5) SPs
6) Correctional Home Authorities
Location : Baronoberia, North 24 Parganas
Date of incident : 15/02/2008
Case Details:
Victim Md. Aptarul Hossain (a) Aktarul Jamal, aged 21 is a resident of Baronoberia village, falling under
the jurisdiction of Gaighata Police Station. On 15 th February 2008 the victim was working in the field,
during which he was shot by Birendra Kumar Singh, a BSF Constable. In order to cover their offence
the BSF created a story that the victim was a native of Bangladesh, and he was shot when trying to
escape with two other persons. Aktarul was then taken to Bongaon Sub Divisional Hospital. The FIR filed
at Gaighata Police Station stated that a Bangladeshi currency of Rs.300 and an iron were seized from
him. The BSF also prepared a memo of arrest but kept the place of arrest blank. The victim was forced
to place his thumb impression on the same. In each seizure list prepared by the BSF the officials failed
to get the signature of Aktarul which is mandatory. After investigation it came to light that the victim was an
Indian citizen. He was shot by the constable below the left knee when Aktarul denied that he was Akbar.
The whole incident was witnessed by two villagers. On 8 th July 2008 the victim was shifted to Dum Dum
Correctional Home and produced before the Bongaon Court on 24 th June 2008. He had lost flexibility in
his left leg and couldn’t stand. It was swollen and excreting some fluid. Aktarul was admitted in Bongaon
Sub Divisional Hospital and then shifted to Gaighata Police Station. The police prepared a memo of
arrest dated 8 th March 2008, having got the signature of the victim in it. The next day he was produced
before the ACJM, Bongaon and was sent to judicial custody. The same day he was admitted in another
hospital but not treated well. The case was transferred to the Additional District & Session Judge, Fast
track, 2 nd Court, Bongaon but the victim was not produced before the court despite repeated reminders.
After the intervention of a Ld. Advocate demanding bail and proper medical treatment for the victim, the
court issued order to the Superintendent of Dum Dum Correctional Home to take effective steps for better
treatment; but the bail was rejected. The next day of the case was fixed on 20 th August 2008 and the
police has filed charge sheet against Aktarul.
West Bengal
456
Annual Report on Torture
2007