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.
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: -
President, HRCBM-Dhaka, Bangladesh.
Kalachan Poddar husband of Ms.Minu Rani Poddar has been illegally detained in the jail custody on 5th of March, 07 at about 12.00 p.m.
I have been informed yesterday by Ms.Minu Rani Poddar of Patuakhali district over her Cell telephone that her husband who is a renowned income –tax practitioner of Income Tax Bar of Patuakhali district has been arrested and detained by the order of the District Magistrate-Patuakhali most illegally because they filed a looting case No.193/07 in the court of Patuakhali Magistrate court against the land grabbers and extortionists on 26.02.07. Initially the local Patuakhali police did not record the case, later on the Magistrate directed the Officer-in-charge of Patuakhali PS for recording the case on pressure from HRCBM-Dhaka.
Now the situation is that the District Magistrate most illegally passed detention order on some vague allegations against Kalachan, which are not consistent with the previous case at all. There is no remedy other than challenging this detention order of the ADM in the High Court Division of the Supreme Court of Bangladesh. Every body of the locality
On the other hand the destitute lady Ms.Minu Poddar has got no sources to challenge the order of detention order.
I am sending the detention order and grounds signed by District Magistrate,Patuakhali and other documents for your kind perusal.
We HRCBM should come forward for protection of rights of this Poddar family. The illegal detention of Kalachan should be taken into consideration very urgently. False cases against Kalachan family one after another by the perpetrator filed to harass the minority family.
Kalachan Poddar (58) – an income tax minority lawyer of Income Tax Bar Association of Patuakhali district. He is known as amiable and law-abiding citizen of Bangladesh. Everybody knows him in his locality as the honest and dedicated personality. One Ismail Howlader on the basis of false documents had been claiming properties belonging to Kalachan Poddar. He filed a false case number 41/96 for specific performance of contact against Kalachan on false plea of purchase in the court and the court by its order dated 25.04.1999 dismissed his case as not maintainable. He filed miscellaneous case against the dismissal order and Kalachan got injunction order from the High Court of Bangladesh vide civil revision No. 5195 of 2005.
Despite injunction order of the high court some perpetrators most illegally and with an object to harass the family members of minority family and also to grab the landed properties lodged a G.R. case No.46 of 2007 against Kanchan Poddar and his wife Ms.Minu Poddar at Patuakhali Police station. Patuakhali Police most illegally arrested the couple and physically assaulted Kalachan Poddar in a room and sent them to jail custody on 02.02.2007. In this opportunity the perpetrators forcefully occupied dwelling house of Kalachan Poddar located at Mukul Cenema Hall and looted belongings and destroyed many articles amounting to Taka 42,55,500/-. During their stay in the jail custody the perpetrators again showing the date of occurrence on 26.01.2007 filed another false case on 11.02.2007 against the victims and their Hindu relatives and which has been registered as G.R. case No.64 of 2007 for further harassment.
Kanchan Poddar and Ms.Poddar got bail from the court and approached HRCBM-Dhaka for their restoration at their dwelling house occupied by some perpetrators. HRCBM-Dhaka contacted with the local administration and took initiative for their restoration. Thereafter, Ms. Minu Poddar filed criminal case No.193 Dated 26.02.2007 against 15 perpetrators and others; police has yet arrested perpetrators nor recovered the looted materials from the possession of the perpetrators.
Mr.A.G.M. Mir Moshiur Alam, the District Magistrate, Patuakhali without any legal basis and on vague allegation arrested Kalachan Poddar under Section 3(2) of Special Powers Act,1974 and detained in the custody on 06.09.2007 and copy of such detention order has been served upon the Kalachan on the ground of public safety to prevent him from doing prejudicial act.
HRCBM-Dhaka have already investigated the matter on 9th March,07 at the spot and detailed investigation report will follow.
Press Conference: Demand for freedom from land grabber
Alok Rani Kundu of Sariatpur has been seeking justice before the court for 30 years to get her homestead back.
Source: Ajkerkagoj, June 01, 2007
Investigative Report of HRCBM-Dhaka on the gang rape of a destitute minority-girl Ms. Ramala Sarkar alias Mouri (17) residing at South Taktabunia P.S. –Amtali, District- Barguna. Incident took place on 13.04.2007. (Investigation conducted on 27-04-2007 by HRCBM representative - Ms. Minati Datta at Patuakhali)
As per report published in the Daily Sangbad on April 19, 2007 I, Rabindra Ghosh on behalf of HRCBM informed our representative Ms. Minati Datta, Chairman of Krishnacura Mahila Sangstha ( KMS) to investigate the gang rape matter as the spot is nearer to Patuakhali district. She along with one Human rights activist went to the spot on 27-04-2007 and investigated the matter in details and submitted her report in Bengali language with pictures and documents.
BACK GROUND INFORMATION:
Barguna is a district situated within Northern side of Barisal Division in Bangladesh. Ms.Ramala Sarkar aged about 17 years is an adolescent minority girl lives permanently at village – South Taktabunia, Holdia Union within Amtali police station of Barguna district. Her father Mukunda Sarkar expired earlier some years ago; she lives there with her widow mother with great hardship. Two minor younger brothers are the only male members who live hand to mouth. But the incident of gang rape upon Ms.Ramla Sarkar by rapists made her life more miserable and unbearable in the name of "Allah"
Ms. Minati Datta and Mrs. Afroza Akbar of Patuakhali district proceeded towards Amtali police station and they received a copy of FIR lodged by Ms. Ramala Sarkar against the perpetrators,(1) Masud (28), son of Sona Miah, (2) Malek (22), son of Yakub alias Koton Gazi, (3) Setu Mallik (30), son of late Manik Mallik, (4) Liton (27), son of late Khobbat Ali, all of them are from South Taktabunia, P.S.- Amtali, District- Barguna.
The investigation team also went to the house of the victim and found her and took statements how she has been gang raped. The victim described the sexual violence committed on her as follows: -
On 13-04-2007, Friday morning at about 10 a.m. the victim went to jewelry shop of Mukunda Sarkar to make an ornament but she found the shop closed and she went to her father's house from there and from there she again went to Mukunda's shop at about 4 p.m. and then perpetrator Setu Mallik called the victim and took her to Setu's cloth shop and the victim was made sit there. In the evening at about 6 p.m. number 1 accused Masud came in front of Setu's shop boarding a motorcycle and at the same time accused number 2,3 Malek and Liton also came in front of Setu's shop boarding a motorcycle. Then Masud told that he would be blessed if he could marry a Hindu girl and then he alluring her to marry took her on his motorcycle and took her to Amtali. At the same time, other perpetrators also went to Amtali. After reaching Amtali, Masud told the victim that he would take the victim to Dhaka and there he would marry her. He also told that as there was no way to go to Dhaka at night, so they would have to stay in village and then Masud and his accomplices Malek and Liton took the victim by motorcycle to a place of the east side of the house of Pagla Sher Ali of village South Taktabunia. Later accused number (3) Setu Mallick guarded the place around and accused number (1) Masud and (2) Malek forcibly raped the girl three times one after another without consent of the victim. Later a man named Abdul Latif rescued the girl in a precarious condition and handed her over to Selim Mallik of nearby house and after hearing the victim's story, Selim Mallik handed over the girl to Manmat Thakur and then the chairman of the village Farook Mallik was informed of the matter and later the Chairman admitted her in the local Hospital for medical examination.
The victim girl lodged FIR being Amtali P.S. case no. 12, dated 14-04-2007 under section 9(3)/30 of Nari O Sishu Nirjatan Daman Ain 2003 against four perpetrators. As per medical report submitted by medical board on 15-04-2007 it has been detected that sign of sexual intercourse were present on the date of examination of the victim. Police has arrested one perpetrator – Malek. It has also been alleged that the perpetrators are continuously threatening the victim and her widow mother and they are now absconding for fear of lives.
Statement of the perpetrator – Masud :
Accused number (1) - Masud allured the victim girl and took her by his motorbike on the plea that she would be married at Dhaka. Accused also uttered "If a Hindu girl is married by a Muslim boy, such boy will get Allah's blessings" This was the pronouncement of Masud while he was carrying the victim-girl by his motorbike on April, 13 This statement of the victim-girl has been noted in the F.I.R. lodged at the police station in Bengali language dated April 14, 2007.
Statement of Kazi Ayubur Rahman- O.C. of Amtali Police Station :
I had telephonic discussion with Kazi Ayubur Rahman O.C regarding gang rape of the victim girl over his Cell telephone number: 01715106818. O.C. replied that one perpetrator has been arrested and he felt reluctant to let us know any further development of police investigation into the matter. We asked him about the safety and security of the victim but the O.C. most discourteously disconnected his telephone line.
Findings and Recommendation:
HRCBM is greatly concerned at the incident of gang rape upon Ms.Ramala Sarkar-an adolescent minority girl at village – South Taktabunia , Amtali P.S. , District-Barguna. The perpetrators of such crime against humanity should be brought to book and the victim should be provided legal assistance so that she can get proper justice as per law from the court.
(i) The victim should be given adequate compensation,
(ii) She should be rehabilitated in the society with full dignity and prestige,
(iii) The Minority women and girls should be protected as per international protocol.
(iv)Sexual harassment by the perpetrators should be stopped.
(v)Ending violence against women and girls in Bangladesh should be the special events.
(vi)Caretaker Government of Bangladesh should take necessary steps to safeguard the rights of the minority women and children.
(vii)Rehabilitation of the victim should be made immediately as mother of the victim sought for legal assistance and rehabilitation of destitute daughter.
Report prepared by: Ms. Minati Datta-Chairman-KMS, assisted by Ms.Afroza Akbar –Krishnachura Mohilla Sangstha-Patuakhali.
Report submitted by:
A youth arrested in accusation with gang raping a minority girl in Amtali Upazila of Kolapara district (The Daily Sangbad, 19th April 07)
From Our Correspondent
KOLAPARA, April 19: A minority girl of village south Toktabonia under Holdia union of Amtali district got victim of gang rape on Friday night. Police arrested Abdul Malek (22) for his alleged involvement with the incident.
According to police and local source, some youths named Masud, Liton, Setu and Malek of the same village called out the girl of dead Mukundu Sarkar of village Toktabunia from her house of Amtali on Friday morning alluring her to give a job in Dhaka by taking her in a double Decker launch. The perpetrators revolved the girl whole Amtali town all day long and started for her house saying that there was no double Decker launch available. The perpetrators at about 10 pm at a silent place near an orphanage gang raped the girl and then fled way from the spot. The locals rescued the girl on Saturday morning and took her to Amtali police station. According to the statement of the victim, police instantly went to village Toktabunia and arrested the rapist Abdul Malek. Police told that Malek admitted that he raped the girl.
Prepared and submitted by:
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.
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.
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.
Dwelling Houses of Ms.Minu Rani Poddar – Hindu minority family forcefully occupied on 2nd Feb, 07 by perpetrators despite court’s injunction order at Mukul Cenema Road-Patuakhali District. Temple desecrated. Minority victims remained jail custody most illegally fabricating false cases against them on 11th Feb, 07.
HRCBM-Dhaka took against prompt action this of type hooliganisms and restored this destitute family at their dwelling house on 24nd of Feb 07. Local Deputy Commissioner and Superintendent of Police, Patuakhali arranged restoration of this Hindu family on request – but they could not recover the looted belongings including golden flute of “Krishna” amounting to Bangladesh currency Taka 42,55,500/00 from the extortionists till writing of this report.
Ms. Minu Rani went to lodge F.I.R. at Patuakhali Sadar Police station after getting bail from the court on 22.02.07. O.C. Patuakhali P.S. refused to entertain case from the victim; but alternatively she prayed for direction from the Court of Magistrate –Patuakhali and the Magistrate directed the O.C. Patuakhali to take cognizance of the case on 26.02.07 vide their Case Number –193 of 2007.
It is surprising that no news published neither in the local newspapers nor in the national dailies. Although everybody at Patuakhali district administration knows this forceful displacement.
HRCBM-Dhaka got telephonic message from the victims at Patuakhali (Telephone Cell No.01714250089 and they requested us to help restoring their possession at their dwelling house. Accordingly we contacted with the D.C. Mr. A.Mashiur Alam ( Tel : 01715168296) and S.P. Mr. A.Kalam Siddique ( Tel: 01713374311) of Patuakhali district. The local administration although most reluctantly restored the possession of the victim, but they refrained from recover the looted materials from the perpetrators due to some obvious reasons.
Ms. Minu Rani Paddar submitted an appeal to HRCBM-Dhaka to investigate the matter locally for their safety and security. They also still apprehend danger from the influential perpetrators at any stage, as the local administration could not recover the looted belongings of the victims.
We need to investigate the matter immediately because as per version of the victim the local administration suppressing the material facts.
I am sending herewith the appeal, case history and other related documents for your kind perusal and necessary action.
Mother, Daughter violated in Barisal
Our Correspondent, Barisal : The Independent dated : 17th October,2006
October 16, A women of the Hindu community and her daughter were violated by some hoodlums in their shanty House at Alamdi village in Uzirpur Upazilla of Barisal district recently.
The victims were admitted to local health complex in critical conditions.
Police and victims family sources said widow, 40 and her daughter-13 a student of Class Six of a local school.
After visiting the Durga Puja Mandaps, returned to their home at about 11 p.m. and went to sleep in their shanty.
About one hour after Russel Howlader son of Hossain Howladar of West Satia,and Ishuq Bali, son of Asmat Bali of Alamdi, entered the house by removing the door of the shanty, made the mother and the daughter hostage under arms and started raping the mother in front of the daughter.
When the daughter tried to run away, the other unidentified associates of Russeland Ishuq waiting outside the house, caught her and taking her near a bush raped her.
The Local people reused the daughter from the bush in an unconscious condition in the early morning and both of the victims were rushed to local rural physician at first and then to the Upazilla health complex.
Till filing of this report the condition of the minor girl was critical.
The brother in-law of the widow lodged a case in this regard but none was so
The incident triggered panic among the members of the minority community.
Comrade Rashed Khan Memon, President of the Workers Party rushed to the hospital and visited the victims and gave assistance for their treatment.
Memon condemned the incident and demanded immediate arrest of the rapists.
The miscreants are influential persons are enjoying the blessing of the powerful quarters of the ruling party, it is learnt.
One missing, Two received bullet wound in a minority village in Gaurnadi, Barisal.
See the details in Bengali-
Ms. Sarwasati Das ( 35) and Amullya Das ( 45) of village Sakokati – P.s. Gournadi- Barisal District killed on 7th June, 2006 at night others are seriously injured (The daily Janakantha dated 9th June, 2006)
A group of bandits broke open the door of minority family of Sukumar Das of village Sakokati of Gournadi P.S. within the district of Barisal killed Ms.Sarwasati Das and Amulllya Das by deadly weapons and injured seriously (1) Sanjib Das (25) (2) Ram Chandra Das (22) and (3) Ms.Chandana Das (20) of the same family on 7th of June,2006 at night. The surviving three injured victims have been sent to Gournadi Hospital for treatment.
Police arrested one Nure Alam (25) in this connection.
Land belonging to Hindu Minority at Lalmohan P.S. under Bhola District forcefully occupied in Bangladesh claiming to be successor (The daily Ajker Kagoj dated 2 July, 2006)
On 27th June 2006 the armed cadres of Nazrul Islam after conversion from Hinduism to Islam 50 years back claiming to be the owner and successor of the landed property belonging to a Hindu family were forcefully occupied at village Charbhuta Taraganj-Lalmohan P.S. Bhola District.
It is reported by the U.P. Member – Abul Kalam of the said union one Gouranga Bala and Biswajit Bala purchased 34 sataks of land in the year 1961 and they were peacefully owning and possessing the said land without any interference. But on the last week Nazrul Islam claimed and applied for returning back said land at local Union Parishad. The local Chairman fixed a date of hearing of the application on 5th of July 06 for verification. As the present Chairman of the locality staying at Dhaka for his official works the cadres of Nazrul Islam with BNP personnel forcefully entered into the premises of the Hindu owner Gouranga Bala and Biswajit Bala, evicted them and occupied the land.
Nazrul Islam claimed that his grand father Ramesh Chandra converted to Islam and abandoned this house 50 years back. On the other hand Gouranga Bala informed that in the year 1961 the relatives of Ramesh Chandra purchased this property from their legal owner and the claim of Nazrul is fake, motivated and harassing.
This incident of forceful occupation of land belonging to Hindu family created a sense of curiosity in the locality.
Cremation Ground belonging to Hindu Minority occupied by BNP Leader – Azahar Matabbar of Muladi Upazilla – Barisal District and constructed houses thereon ( Sangbad dated April 3,2006 )
One Azahar Ali – an influential leader of BNP at Chakalekha Union of Muladi P.S. at Barisal constructed houses forcefully occupying the Hindu cremation ground. Soon after occupation of this cremation ground the screwed occupier manufactured a false dacoity case to harass the minority family breaking his own articles of his house.
It is reported that more than one hundred minority communities live at Charkalekha Union 20 kilometers away from Muladi P.s. Five years ago Azahar Matabbar (50) purchased 11 sataks of land from one Samir Gharami, but on last ¾ days ago Azahar Mtabbar forcefully occupied 2 sataks of cremation ground adjacent to the lands of a minority widow – Makhami Bala. Azahar Matabbar claimed that this cremation ground is also belongs to him. But on the contrary Makhami Bala claimed that this land is being used as their family cremation ground as it was recorded in katian and dead bodies of her husband- Mongal Bala, father-in-law and others are being cremated in this place.
It is also reported by the villagers of Namokandi that Azahar Matabbar has been conspiring to grab this land since long and he is continuously harassing those minority communities with intimidation of false cases to evict them from their homes.
On query Azahar Matabbar replied that he purchased this land and as because he could not get possession of 11 sataks of lands and as such he occupied this cremation ground. But he could not reply satisfactorily when he was asked about dacoity in his home.
BNP Leader Nazir Ahmed came under severe protest from members of minority community in Barisal district when he attempted to grab Kalibari.
Attempt to destroy Astakona Maths and to grab the lands belonging to Minority at Barisal District.
Hindu mother gang-raped infront of her son at Patuakhali Distrtict-Bangladesh.
Patuakhali, 15th March,2005, Janakantha.
The mother of Gobindra Gharami at Boufal Police station within the district of Patuakhali, Bangladesh was gang raped infront of her son. On 2nd of March,2005 the ganstgers of BNP cadres belonging to Jonal Hazari Zangir unlawfully entered into the house of Gobinda on the point of gun the mother of Gobinda was gang-raped. On the next day the local Chairman Union Parishad forcefully obtained signature of the victim on the blank paper threatening her not to lodge any FIR in the police station. The victim's son Gobinda fled away from the house and reported the matter to the Superintendent of Police, Patuakhali and the S.P. directed the O.c. Pauakhali PS to take necessary action.
Due to such complain the destitute Hindu family is absconding for fear of life.
Advocate Rabindra Ghosh