Investigative Report of HRCBM-Dhaka on the incident of illegal displacement, torture, looting and desecration of temple belonging to minority community at Shailadaha P.S- Chitalmari, District- Bagerhat (investigation conducted by HRCBM-Dhaka on 09th and 10th April 2007).
I, Adv Rabindra Ghosh and Bipradas Singha of HRCBM-Dhaka rushed to the spot as soon as we came to know that two minority Hindu families have been displaced on the basis of the news published in the daily” Samokal” dated 04-04-2007 from Dhaka on 8th April and reached there on 09th April in the morning by bus.
GROUND INFORMATION
A group of illegal land grabbers in Chitalmari Upazila of Bagerhat district carried an attack on two Hindu minority families of village Shaildaha and also looted the houses and beat up the family members. Tarapad Baidya (48), Mohan Lal Baidya (40),Ms.Shikha Rani Baidya (35), Bipul Baidya (30), Ms.Billu Rani Baidya (55) and school student Ms.Mousumi Baidya injured in the attack were admitted into local hospital.
Eye witnesses told that hired lathial(club men) bahini(force) of Razia Parveen of nearby village carried the attack on two minority houses including the house of Tarapad Baidya over a dispute with some portion of lands. The perpetrators vandalized the dwelling house, family temple and also vandalized some idols. About 10 persons including children were injured in the attack. The terrorists also looted five cows, some jute, paddy, rice, a tractor, and cash taka 30 thousand. The terrorists also abducted Ms. Shovarani (30) and Bidhan (35) before they left the place. On information, OC of Chitalmari police station visited the spot with a platoon of police. Police rescued the injured and admitted them into hospital but no case was registered with the police station for apprehending the accused and there is also an allegation against the O.C of Chitalmari police station for asking of bribe of taka 20 thousand.
INVESTIGATION
Meeting with O.C. Bagerhat – Mohammad Babar Hossain.
We went to Chitalmari police station to know why the case was not initiated against the perpetrators. The OC Mohammad Babar Hossain replied that as the victims didn’t lodge any FIR in the police station, they refrained from taking any action against the perpetrators till our visit to Chitalmari police station. We also went to the spot along with the S.I of Chitalmari police station Motinur Rahman and also four constables at Shailadaha ten kilometers away from the police station and we met with the local people, the witnesses and the perpetrators. But during our investigation no minority victim was present nor has any allegation from any minority community been put forward. We also found that one Razia Parveen Mousumi came to us with some papers and documents relating to the purchase of disputed property and she occupied the house on 03-02-007. We also found that one of the houses belonging to the minority community has been demolished and there is no sign of any temple on the landed property, we found dwelling house have become barren land. But we found some destroyed furniture, belongings and a shallow machine belonging to the minority community. We also talked to some local people who supported the action of the perpetrators. They were trying to persuade us that the land in question purchased by Razia Parveen from a Hindu owner, but Razia Parveen could not show us any legal document with regard to her rightful possession. Two local U.P. members admitted that one house of the victims has been kept under lock and key and they would be given those keys when they come back to their home.
MEETING WITH DISPLACED VICTIMS
We went to Kharamkhali on receipt of information that the victims were hiding there due to fear of life near Sher-e-bangla College at Chitalmari police station 18 kilometers away from their house. There minority victims bursting into tears stated that: -
About 20-25 unknown persons equipped with some sharp weapons and led by Riad Mollah entered into the family temple and dwelling house of Bidhan Chandra Baidya at 8:30 am on February 2 and also vandalized the Kali Murthi. At that time Bidhan Chandra Baidya went to resist the perpetrators but Riad Mollah told his accomplices to finish Bidhan up. Riad Mollah also told that he would drive away the family members of Bidhan Baidya from the village. Terrorist Tukul Mollah hacked at Bidhan’s belly with a sharp weapon to kill him and as a result Bidhan was seriously injured. The accused Riad Mollah also took away taka 3,800 and also a Nokia mobile set from the pocket of Bidhan Baidya. The accused Tutul also took away a gold chain worth about taka 16,000 from the neck of Sikha Baidya. The accused Razia Parveen also took away a gold chain worth about taka 12,000 from the neck of Baidya. The accused Ripon, Tofazzal, Harun equipped with sharp weapons intimidated Bidhan Chandra Baidya, Mohanlal Baidya, Tarapad Baidya, Bipul Baidya, Shikha Baidya, Mousumi Baidya and Billu Baidya and also confined them at a place. Riad Mollah, Tutul Mollah, Mohsin Sheikh, Hassan Sheikh, Nazrul Sheikh, Yusuf Sheikh, Jahangir Sheikh, Sahabuddin Sheikh, Babul Sheikh, Razia Parveen (Lucky), Harun Sheikh and Mostafa Sheikh took away 20 maunds of paddy, 5 maunds of rice, 1 maund of mustard, 25 kg of dried chili, cloths, quilt, 1 maund of nut, 12-14 documents, cash 10,000 taka, 1 machine of rice mill, an air cooler and they also damaged parts of some machines. The accused also abducted Mohanlal, Tarapad Baidya, Bipul Baidya, Shikha Baidya, Mousumi Baidya, Billu Baidya, Dola Baidya, Popi Baidya, Boisakhi Baidya, Asha Baidya and Shova Baidya and also confined them in the house of accused Tofazzal. Police rescued the witnesses. They were taken by police van and admitted into Chitalmari Health Complex. Later when Bidhan Chnadra Baidya went to the police station to lodge a case in this connection, police demanded taka 20,000. Being failed to pay Taka 20,000 to the police station, the complainant Bidhan Baidya being forced lodged a petition case (19/2007) with Bagerhat First Class Magistrate Court-4 on April 2, 2007.
The victims also gave us a zeros copy of complain filed falsely by Md.Reyad Mollah against the victims – Bidhan Baidya, Tara Baidaya, Bipul Baidya and Mohan Baidya on a false allegation that on 14.-01-2007 the victims demanded Taka 50,000/- as tool from Md.Eyad Mollah which has been registered as Chitalmari P.S. case No.06 dated 15.01.2007 under section 385/386/506 of BPC. Police most illegally went to arrest minority victims and harassed them on 15th of January 07 knowing fully well that this case filed by Md.Reyad Mollah is a concocted and manufactured one. The statements of the victims as well as the O.C. Bagerhat have been videotaped.
Meeting with Senior Police officers of Bagerhat :
We along with some victims went to the Office of Superintendent of Police, Bagerhat on 10th April, 07 at about 1 p.m. and met with Mirajuddin Ahmed, Additional Superintendent of Police, Md.Shawkat Hossain, and Assistant Superintendent of Police Sadar Circle of Bagerhat. They admitted incident of arson, torture, abduction on the minority families at the spot and they also admitted that the local police arranged admission of the injured persons at the local hospital. But the victims did not lodge any complain at the local police station, as per version of the police administration. I pointed out them that victim’s presence is not necessary in respect of lodging any complain in the police station, as the victims were in the Hospital and hiding for fear of lives. Besides, the police could have lodged FIR in the name of the victims as per provision of law; Police administration could not answer this question relating to this provision. Police did not allow us to take pictures of our discussions in the office.
However, the Police administration proposed me to rehabilitate those displaced victims in a room abandoned by victim family in the same spot, but they refrained from allowing victims to enter into original premises where from they have been forcefully evicted. But the victims present at the Police office denied, during our discussion, to go back home due to further repression and torture. We noticed this repugnance of the victims is due to inaction of the police authority for their safety and security in the past.
The victims also continued to say that the O.C. Bagerhat demanded Taka 20,000/- (twenty thousand) from them and as they could not pay bribe to the police they have been prejudiced and ultimately took shelter in a remotest place for fear of lives. They also continued to say that police did not take responsibility of their lives, nor they accorded legal shelter due to their religious faith. Police also denied any existence of their deities in the houses, although we found some damaged structures on the spot during our investigation. Police authority also asked a question why the victims have not reported higher authority regarding demanding of Taka 20,000/- from them by O.C.
OPINION AND RECOMMENMDATIONS :
1) Why Chitalmari Police did not take any preventive measures before forceful eviction, torture and looting of the minority families from their dwelling house at Sailadaha although police was informed in time for their safety and security through G.D No.18 filed on 1.03.02 and G.D. No.1085 dated 21.08.06?
2) Why the Police was very much enthusiastic to take cognizance of false case No.06 dated 15.01.2007 instituted against minority victims only with a intimidating them to leave their dwelling house?
3) Why the Police did not take any cognizance against the perpetrators of crime took place on 03.02.2007, although police is well conversant with the facts and circumstances of the case. Police initiated to admit the injured victims at the local hospital but why they have not apprehended the perpetrators knowing it fully well that the offence is a cognizable one.
4) Why the Police could not recover the looted materials including four cows belongings to minority victims after the occurrence till writing of this report?
5) Is Police not responsible for abating terrorism in the minority dwelling houses?
Police administration of Bagerhat miserably failed to protect the rights of the minority victims and most systematically endangered their lives to leave the country forever. Police under no circumstances can avoid such responsibility for protection of rights of minority community.
The action of the law-enforcing agency is most reprehensible and against the Article of fundamental rights guaranteed for the citizen of Bangladesh under its Constitution.
The action of the law enforcing agency of Bangladesh is against the principle adopted by the General Assembly in its resolution 47/1235 of 18 December 1992 under UN Declaration on the Rights of persons belonging to national or ethnic, religious and Linguistic Minorities.
As per Article –4 – The States shall take measures where required to ensure that persons belonging to minorities may exercise fully and effectively all their human rights and fundamental freedoms without any discrimination and in full equality before the law.
The Minorities should be protected. The houses of the victims so far damaged should be reconstructed and they should be rehabilitated and adequate compensation should be paid. The perpetrators of crime should be brought to book in accordance with law.
We came back from Bagerhat on the following night on 11th of April,07
Prepared and submitted by:
Adv. Rabindra Ghosh.
President, HRCBM-Dhaka, Bangladesh.