INVESTIGATIVE REPORT OF HRCBM – DHAKA ON THE INCIDENT OF FORCEFUL EVICTION OF LAND WITH PRIVATE MANDIR AT VILL: KALASHTATI BAKERGANJ, BARISAL (INVESTIGATION CONDUCTION BY HRCBM ON 17TH OF AUGUST, 2007
See Appeal to District Administration and Police Super
I, Adv.Rabindra Ghosh and Prof. Ashoke Toru of HRCBM-Dhaka rushed to the spot at Kalashtati- Bakerganj P.S. Barisal on receipt of information and also news published in the daily “Manabjamin” dated 4th August, 06 and Daily “Ajker Barta” dated 29th July,2006 that “Manasha Mandir” and its adjoining lands belonging to Uttam Kumar Nandi (Sawpan Nandi) of Kalashkati –Bakerganj P.S. Barisal forcefully occupied during injunction granted by the civil court.
GROUND INFORMATION :
Hundred years old “ Manasha Mandir” and its adjoining lands measuring .04.4/1 decimals within Kalashkati Mouza belonging to one Minority citizen – Uttam Kumar Nandi @ Sawpan was forcefully occupied by local land grabbers Reza Abdul Gani @ Selim and started construction for Majjid on 26th July,2006 despite injunction granted by the civil court in Suit No.128 of 2006.
Babul Kumar Nandi, being plaintiff filed a suit in the Judge’s court for cancellation of false deed of agreement for sale No.3924 made on 12.06.1983 purported to have been made by defendant – Reza Abdul Gani @ Md. Selim son of late Reza Golam Mostafa of Bagdia of Kalashkati, Bakerganj on 27.07.2007.
The learned Judge after careful scrutiny and hearing both the parties granted temporary injunction restraining the defendants to enter into the suit-property by his order dated 15.06.2006 in Title suit No.14 of 2006. But the defendant-land grabber most illegally violating the order of the court demolished the structure of “Manasha Temple” and occupied the adjoining lands of the plaintiff, erected fencing wall and thus desecrated the sanctity of the Temple and committed contempt of court.
The national daily “ Manab Jamin “ dated 4th August, 2006 and the daily “ Ajker Barta” dated 29th July,2006 focused this incident of repression against minority community.
Bangladesh Hindu Buddhist and Christian Unity Council, Barisal District Branch gave a Memorandum to the Deputy Commissioner, Superintendent of Police, copy endorsing to UNO-Bakerganj and O.C. Bakerganj for taking necessary steps against the perpetrators and to protect the rights of the minorities on 3rd of Agust,2006. But it is unfortunate that no effective measures could be taken by the local administration during that time.
INVESTIGATION:
HRCBM- Dhaka got formal invitation to investigate the matter and accordingly we have proceeded towards the spot at Kalashkati on 17th of August, 2007. Before our departure from Dhaka we have informed our arrival to the Deputy Commissioner and Superintendent of Police, Barisal and requested them to assist our investigation. Accordingly we have reached Bakerganj Police station at about 11.30 a.m., we found Shahjahan Sheikh O.C. Bakerganj and sought for necessary police help and accordingly the O.C. arranged one Sub-Inspector of Police and 4 constables for our smooth investigation at the spot. During our visit to spot Mr. Dhiman Deb Chowdhury – president of HRCBM-Central talked with police officer on duty.
Statement of Uttam Kumar @ Sawpan Kumar Nandi :
Sawpan Kumar Nandi –owner of the land claimed that “occupied properties with the land of Manasha deity, the oldest private debottor , belonged to my forefathers and by inheritance they got the properties and enjoying the debottor land giving tax to the government. But Reza Abdul Gani @ Md. Selim – a renowned terrorist made up a manufactured deed of sale with a fake Uttam Kumar @ Sawpan while I was minor and claimed those properties with ill intention to grab the properties. As a result I filed a suit for cancellation of said deed and got injunction order from the court but local chairman with the Member of Parliament initiated to demolish Manasha temple and forcefully occupied the land on 26.07.2006 during injunction granted by the civil court judge made on 15.06.2006.” Sawpan also claimed that he went to Bakerganj police station for lodging F.I.R. but the O.C. at that period did not record the case, even the D.C., S.P. and UNO did not take any measures for restoration of possession of the properties despite Memorandum submitted to them through BHBCUC.
Sawpan also narrated that one of his tenant- Md.Faruk son of Abdur Razzak of same locality was attacked and assaulted severely on 24.06.2007 by the land grabber – Reza Abdul Gani and by three others as the said tenant helped Sawpan for protection of their lands and buildings. A criminal case has been started against Reza Abdul Gani and others on 01.07.2007 under section 341/327/307/379 of Bangladesh Penal code and they are now absconding.
Statement of Md.Faruk :
We have talked with Md. Faruk who was severely injured by attack made by the land grabber- Reza Abdul Gani on 24th of June, 2007. He burst into tears and showed his injured neck how Reza Abdul Gani attacked him for murder. We have seen the injured portion and took video statements of the victims. Salim Meah and others Nazrul and Khokan attempted to murder him.
We have talked with several people on the spot and found the Manasha Temple not in existence and some portion of land belonging to plaintiff occupied by land grabbers erecting a fencing wall. We enquired about the existence of Manasha Temple on the spot and the following witnesses gave testimony that there was a Manasha temple and Hindu minority used to worship Manasha every year with pomp and gander, but due to forceful demolishing of temple the minority Hindus are not in a position to celebrate puja peacefully.
1. Abdul Wahab Howlader (50)
2. Abdul Khaleque Gazi (51)
3. Abdur Razzak Howlader ( Ex. U.P. Member) (60)
4. Marzum Howlader ( 37)
5. Abdul Khaleque Howlader (48)
6. Iswar Chandra Saha (45)
7. Faruk Howlader (33)
8. Habib ( 35) a local journalist
Statement of Sattar Mollah :
Sattar Meah was harassed for speaking truth. He also helped the properties of Sawpan erected the building on the land where the temple was in existence. Md. Imran Howlader, Moktar Ali Holader and others were harassed for speaking truth on different times. Now there is no trace of the temple – it is totally demolished, but an old picture of the deity has been found.
Statement of Abdul Barek meah :
Abdul barek Meah (75) a retired Primary school teacher son of late Kanchan Ali Meah knew of the temple was forcefully occupied by the perpetrators. Since they (Hindus) are minority they have nothing to do. I have noticed all the incidents of the past. The piece of land belongs to Swapan. The perpetrators intentionally did this mischief. Mr. Abul Hossain, the local Member of Parliament with aid of local Chairman is responsible for this illegal eviction of the minority community. Order of the court is nothing in front of those perpetrators, might was right is the main strength of the perpetrators. The law enforcing agencies could not react because of political pressure.
Possession of Temple has been restored instantly :
The local people irrespective of caste and creed seem to be very sympathetic for Sawpan and they all took responsibility to restore possession of the temple and instantly removed the illegal structure in presence of the police force on the date of our investigation and over the possession of the temple with adjoining lands to Sawpan. We saw a unique example, although it was temporary, in this area for the protection of rights of minority.
Statement of Akhtar Hossain – U.N.O – Bakerganj :
We met with Mr.Akhtar Hossain, the Upazila Nirbahi Officer Bakerganj at his official residence and informed the situation at about 2 p.m. Mr. Hossain replied that before his joining at Bakerganj Upazilla as UNO this incident took place. He said “the offence is a criminal offence no doubt; round the clock they tried their level best to do the needful. The system is such that there is always a barrier on our path. He also described us that the land is the main cause of sorrows and agony and the Vested Property Act is another problem coupled with horrible mismanagement and maladministration.
Findings and opinion:
1. It is absolutely illegal while the perpetrators demolished Manasha Temple and occupied adjoining portion of land despite injunction order of the civil court.
2. The local administration totally failed to protect this minority family and their temple despite repeated persuasion at the office of D.C., S.P. and O.C. Bakerganj –Barisal.
3. BHBCUC – Barisal Unit submitted Memorandum to D.C., S.P. UNO, and O.C. respectively after the illegal demolition and forceful eviction of minority family on 03.08.2006.
4. As per version of several witnesses on the spot the lands with Manasha Mandir was occupied and demolished with the aid of local Member of Parliament belonging to BNP and Chairman at that material time, but it is astonishing that no administrative authority have come forward although they were aware of the situation. Most powerful persons are involved with this terrorism for grabbing the land and temple properties belonging to this minority community.
5. Spontaneous gathering and protest has been observed during our investigation from all categories of people irrespective of caste and creed and they re-occupied the land in presence of police and handed over the same to minority victim.
6. As per Article 2 of United nations Declaration on the Rights of persons belonging to National or ethnic, religious and Linguistic Minorities it has been stated that “ Persons belonging to national or ethnic, religious and linguistic minorities (hereinafter referred to as persons belonging to minorities) have the right to enjoy their own culture, to profess and practice their own religion, and to use their own language, in private and in public, freely and without interference or any form of discrimination, but the state has totally failed to protect this minority community and endangered their lives and properties.
7. Minorities should be protected and compensation to the victim should be accorded.
We have reached Dhaka from Barisal on the next day by Bus on 18th of August, 2007
Prepared and Submitted by: -
Adv.Rabindra Ghosh
President, HRCBM-Dhaka, Bangladesh.