Investigative Report of Human Rights Congress for Bangladesh Minorities (HRCBM-Dhaka) about a severe torture on a Minority widow –forceful occupation of her homestead and construction of road arbitrarily by the Chairman of the local Municipality – Order of court statuesque violated at Sadar P.S. Khagrachari,CHT.( Investigation conducted on 25th May,2006)
On receipt of information over telephone I, Adv.Rabindra Ghosh, Prof. Asoke Toru , Adv. Sanaka Ghosh and Vishnu Mondal of HRCBM rushed to the spot to investigate the matter of forceful occupation of land and torture upon a widow. We started for Khagrachri on 24th of May 2006 at about 11.30 p.m. from Dhaka by Bus and reached Khagrachari- Chittagong Hill Tracts at 6.30 a.m. on the 25th May 2005.
Background Information:
Ms. Ratna Das-Gupta (42) a Minority primary school teacher at Khagrachari lost her husband Sunil Kanti Dey six years back. She has two helpless minor children. Sunil Kanti Dey purchased 18 decimals of land from Monoranjan Dev at Ananda Nagar within Mouza 262 Golabari Khatian No. 204 Dag No.1420/1580 within Khagrachari Sadar-CHT before his death and he also took loan from Janata Bank mortgaging the lands.
The Khagrachari Municipality without giving any notice decided to construct road demolishing structures on personal land of Ms.Ratna Das-Gupta. She filed a case in the court of Khagrachari District Civil Judge for injunction – but the Civil Judge did not grant any injunction on 23.03.2006. Being aggrieved Ms.Ratna Das-Gupta filed Revision case No.71/06 in the Court of Divisional Commissioner, Chittaogng. Lately Additional Divisional Commissioner was pleased to grant statuesque on the suit-property by his order-dated .18th April 2006.
But on 16th May, 2006 the Chairman of the Municipality with the help of some local goons started demolishing the structures and constructed a road causing serious law and order situation in the area violating the order of statuesque granted by the court. The Employee of Municipality most illegally assaulted inmates of the house, cut away the threes, looted ornaments and other belongings of the victim-widow with active collusion of the local administration.
Ms. Ratna Das-Gupta approached the local Police at Khagrachari for their help with an application, but the Police received the application but they have taken neither action against the perpetrators nor took any initiative to save the minority victim during attack on her.
Investigation :
Soon after our arrival we visited the place of occurrence, took snaps of the present position of the homestead of the victim and talked to the local people and the victim among which tenants of the victim were also present. It is known from the different sources and documents available with us the husband of the victim Ratna Dasgupta met an untimely death unfortunately and the victim was living somehow with two helpless children. The victim managed to have an employment in primary education and became a primary school teacher. As she was in urgent need of money, she took a loan of Taka 2 million from Janata Bank, Khagrachari Branch mortgaging the land while her husband Sunil Kanti Dey was alive. During our interview with the victim she burst into tears.
By this time, inhabitants of the locality made a “Kacha road” for their easy movement each contributing some piece of land from their homestead. At present the Municipality has made the road “pacca” Under this circumstances to extend the road towards south the Municipality authority proposes to make a link road. If this is to be done, land required to be taken from the either side equally. But as the victim was morally weak, a widow and has none to look after her, the authority demand the total land needed from the victim.
At this stage, the victim raised objection narrating her distressed condition to the Municipal authority. But as ill luck would have it, the authority turned a deaf ear to her request and the victim compelled to lodge complain to the district Administration
The Deputy Commissioner passed an order to investigate the matter through Assistant Commissioner – Md. Azmal Huq. Md. Azmal Huq submitted a report after investigation narrating that the victim would suffer a great if the link road were made in the proposed way. He also recommended compensating the victim properly according to market price. But the Municipal authority without paying any respect to the recommendation, started to construct the road demolishing structures thereon, cutting the trees indiscriminately and uprooting the fences of the helpless victim. Thus 45 feet long and 15 feet wide more or less 675 square feet land was filled with mud.
We found the documents of widow-victim properly registered case in the lower court praying for temporary injunction from Civil Judge refraining the opponent from doing such mischief. Having failed to get any justice, prayed for a revision case in the court of Additional Divisional Commissioner, Chittaogong on 18th April, 06 and according the Appellate court passed an order as so as to maintain statuesque. But the opponent party continued the work of construction in the disputed land in spite of having the notification-dated 20.4.2006 from the court regarding the maintenance of statuesque. Lastly, the victim-widow appealed to the Deputy Commissioner/Civil Judge apprising the court’s order and subsequent violation thereof. But nobody cares for any law of the land.
We tried to meet with the local Municipality Chairman of Khagrachari at his office and waited for him for one hour- but it seems to us that the Chairman avoided meeting us for the reasons best known to him.
Meeting with Additional District Magistrate-Khagrachari,CHT:
Before our meeting with the D.C. Khagrachari I had telephonic talk from Dhaka and I requested him to remain in the office for discussion, but the D.C. was absent and he was very much reluctant to talk to us and not in a position to explain the situation over this destitute family. We experienced a new thing that the wife of the Deputy Commissioner is seem to be more powerful than that of D.C. of this district and she does not allow us to investigate the atrocities against the minorities of Bangladesh. She also does not want us to talk to Deputy Commissioner – Humayun Kabir on this particular issue.
The Deputy Commissioner being out of the station, we tried to meet the A.D.M.- Md. Nurul Amin. As he was busy in his official work, we had to make efforts more than one. At last, we were fortunate to have a glimpse of him at about 3 p.m. Regarding the judgment of the civil court, he had nothing to say. He opined that none should assault a women like the victim belonging to the religious minority.
Meeting with Superintendent Police and Additional Superintendent Police-Khagrachari:
S.P. being absent, we tried to talk to Addl.S.P. Md. Giasuddin. But he refused to say anything, as S.P. was present at the station. Next, on arrival of S.P. Md. Nowsher Ali we met him. As we informed the S.P. of sad incident of 16th May, 06 when the perpetrators attacked the homestead of the victim-widow and assaulted her whereas the police did not turn up in time in spite of informing them he ensured us that the person concerned should be punished. Regarding not accepting the general diary he asserted it was undoubtedly a wrong. He seemed to be determined to do the needful for the safety and security of the victim. We wanted to know the attack of perpetrators on Boudha Bihar at Maisdari on 3rd April, 2006 where Bengali settlers suddenly intruded the areas with deadly weapons and occupied 7 acres of land and raped women and girls where Buddhist orphanage for the children situated, in reply the S.P. told us that the situation is under control, but he denied the incident of rape on indigenous women.
Meeting with the Officer-in-Charge of Khagrachari Sadar:
We met with O.C. Khagrachari – Md. Bashir Ahmed. During our investigation we found that the role of police at the time of violation of the order of statuesque at night on 16.05.06 he kept quiet. As to refusal of entertaining the G.D. of the victim he could not answer satisfactorily, rather he wanted to canvass us the Chairman of Municipality was trying to help this destitute lady. But in practice it was quite contrary to his statements. When the victim sought help being endangered by the intruders, he told us a *** and bull story to convince us of his innocence.
Meeting with the Manager of Janata Bank-Khagrachari Branch:
We have also met with the Manager of Sonali Bank-Khagrachari Branch where the victim widow’s husband took loan mortgaging these personal properties. We talked with the Manager who also showed us the record that an amount of Taka 66,164/- was still outstanding. He also told us that he has written a letter to the administration informing them that the widow is indebted to Bank and she is liable to pay the money back. We asked him if the suit-land is grabbed who will compensate the bank’s loan, on reply he told us that according to bank’s rule the legal heirs of the mortgaged property would be liable to pay the loan. It is double jeopardy on the part of the victim-widow.
Ms.Ratna Rani filed criminal case in the Police station for recovery of his land:
As per our advice the minority victim filed a criminal case in Khagrachari Sadar Police station stating the facts and circumstances involving the perpetrators in the F.I.R. being Khagrachari P.S. case No.04 dated 26.05.06 under section 143/447/323/379/427/354 of Bangladesh Penal code. Police recorded this case for the first time and assured us for proper investigation and justice.
Recommendations and suggestions:
1.Firstly the land of the destitute widow in question still mortgaged to Janata Bank cannot be seized arbitrarily by the local administration without giving notice or proper compensation to the victim.
2.Secondly the Additional Commissioner – Chittagong granted statuesque on the suit-land on April-18th on Civil Revision No.71/06. The Notice of such statuesque has been duly served upon the respondents. But with utter disregard the local administration with malice demolished the structures thereon and cut away the trees and looted belongings in the name of renovation of road construction.
3.Thirdly the Police showed utter negligence in respect of according protection of law, rather they have ignored urgency of situation and facilitated the Municipal authority to seize the lands of the victim without any lawful authority.
4.Fourthly the police also showed discrimination in not taking the cognizance of the offence committed by the men of Municipal authority on May 16, although the police from the victim have received a written allegation in time, although there is no need of complain if it is a cognizable offence according to law.
5. Fifthly the Civil Judge (Deputy Commissioner) committed serious error of law in not granting injunction while a petition has been submitted and moved before his court on 22.03.06 before arbitrary action being done by the Municipal authority.
5. Sixthly the Chairman of Khagrachari Municipality without any lawful authority evicted the destitute minority family arbitrarily and incited and engaged some people to loot the belongings of the victim including trees standing on the land in dispute. This highhandedness on the part of the local administration is far from imagination.
7. Seventhly the local administration has not only committed contempt of court but also violated international protocol of human rights.
Findings :
We observed that the incident took place with the direct patronization of the local administration. The administration has totally failed to protect the destitute minority to retain her property as per Article of constitution of the country as fundamental rights and rather she has been tortured for no offence.
Repeated failure on the part of the Administration to protect the rights of persons belonging to national or ethnic, religious and linguistic minorities is violation of Human Rights as per resolution 1995/31 of 25 July 1995. The Government of Bangladesh should protect the rights of citizen belonging to religious minorities. The Minorities should be protected and their rights of ownership should be guaranteed as per law of the land. The violators of law should be punished as per law and the constitution of the country. The minority victim should be adequately compensated. Arbitrary eviction from the rightful ownership coupled with contempt of court is punishable under the penal code of Bangladesh.
We came back from Khagrachri by Bus on the next day and reached Dhaka on 26th May 2006 at night safely.
Prepared and submitted by:
Adv. Rabindra Ghosh.
President, HRCBM-Dhaka-Bangladesh.