Investigative Report of Human Rights Congress for Bangladesh Minorities-Dhaka on the incident of desecration of Durga Mandir and Kali Mandir and continuous repression on Minority Hindu families at Hatbaligaon, Tongibari P.S. District- Munshiganj (Investigation conducted by HRCBM-Dhaka on 07.10.2006)
I, Adv. Rabindra Ghosh along with Tusher Kanti Saha and Nil Kamal Saha of HRCBM-Dhaka went to Hatbaligaon – Tongibari within the district of Munshiganj proceeded towards Hatbaligaon by bus on the written request of the victims, reached there within 2 hours from Dhaka at about 1 p.m. Before our visit we talked with Mr. Nurul Amin Sardar – Supdt.of Police, Munshiganj on 06.10.2006 over telephone who denied the allegation of desecration of temple and repression on the minorities.
Back-ground Information:
Moni Para is a village at Hatbaligaon within Tongibari P.S. District – Munshiganj , 300 Hindu minority families live there by profession – cobblers and small businessmen. Since one hundred years ago the minority families celebrate Durga Puja – Kali Puja every year within the plot No. 321 as deity’s property with full enthusiasm. But the said plot of land had been declared as Vested (Enemy) Property and the Government gave lease to some Muslim inhabitants migrated from India. A civil suit was filed by the owner of the land in the court and the court delivered judgment in favor of the original Hindu owner by its judgment and decree dated 28.01.1998. Government filed appeal in the court of District Judge and succeeded. The owner of the land filed Civil Revision in the High Court Division and the High Court was pleased to stay the judgment of the District Judge and an order of statuesque has been granted on 17.04.2000 which was dully served upon the Deputy Commissioner, Munshiganj for compliance.
During the statuesque order of High Court the land grabbers with ill motive with the connivance of the administration attacked the Durga and Kali Temple at Baligaon and perpetrators tried to occupy the land on 24.12.2004 and cut down six heads of Durga, Ganesh, Kartick, Laksmi, Sarwasti and Ashura respectively. Accordingly a case was filed at Tongibari police station being Tongibari P.S. Case No. 11 dated 24.12.2004 under section 448/295 of Bangladesh Penal Code for defaming Hindu religion, but this case ended in smoke without any result.
As the police did not take any action against the perpetrators previously for such offence, the perpetrators being encouraged again attacked Durga and Kali Temple on 03.10.2006 and assaulted the deities in the temple. As a result some minority women and children were physically assaulted. A case has been registered in Tongibari Police station on 07.10.2006 under section 447/295/354/506 of Bangladesh Penal Code
Investigation:
We started investigation at Hat Baligaon Market relating to ownership of land, we scrutinized the related documents are in favor of the Hindu owner and Kali Bari has been incorporated in C.S. Khatian and we asked as many as 60 witnesses including the perpetrators in the spot. Two local reporters were also present and they tried to convince us that the properties in question are Vested Property and lease should be given to lessees as per vested property Ordinance. All the statements of victims, witnesses and perpetrators have been video taped.
Sunil Moni Das (50) son of Late Kuriswar Das
Parimal Mani Das (45) son of Nikunja Moni Das
Nil Kamal Moni Das (28) Sunil Mni Das
Ms.Kishore Moni Das d/o Late Haripada Das
Bijoy Mani Das son of late Nishikanta Das
Denesh Moni Das (40) son of Budai Moni Das
Ms.Raimoni Das (35) d/o Nikunja Moni Das
Narayan Moni Das (50) Hari Mani Das
Nikunja Moni Das son of late Maniram Das
Gosta Moni Das (40) son of late Nishikanta Moni Das
The following minority women and children have been injured and molested during attack: on 03.10.2006.
1. Ms.Babita Rani , 2. Ms. Shymoli Rani, 3. Ms. Mina Rani and 4) Moni Ram Rishi . We have asked the minority women and children and they described their ordeal and demanded punishment of the perpetrators of crime. They also described that in the year, 2004 their Goddess Durga Devi, Saraswari Devi, Laksmi Devi, Ganesh and Kartick were desecrated and heads of Goddess were cut into pieces, but they got no justice from the local administration and police, although the police recovered and seized broken deities from the spot after the occurrence.
Md. Ibrahim Meah – the Union Assistant Land Officer of Munshiganj served a notice on 04.10.2006 upon Hindu minority occupants directing them to demolish structures of deities within 7 days, otherwise appropriate necessary action would be taken. On receipt of the notice the minority occupants approached to the Thana Nirbahi Officer (TNO) to withdraw the notice, but the TNO most illegally and without any lawful authority verbally directed the minority owners to vacate the land.
We have also asked the local people and they appraised us that the minority Hindu community had been worshiping Puja since 100 years ago and some land grabbers were trying to grab the land demolishing structures thereon.
We found a news published in the daily “ Janakantha” dated 26.12.2004 that six Murthis (deities ) had been demolished before Durga Puja in the year,2004 and a case was registered in Tongibari P.S. on 07.10.2004, but no action has been taken against the perpetrators of crime.
We also found a judgment and decree passed by the Assistant Judge – Munshiganj in favor of minority owner 28.01.1998, later it was stayed by the District Judge and thereafter on revision in the High Court directed the parties to maintain statuesque by its order dated 17.04.2000.
But it strange that during the statuesque order by the High Court the Government officials of land revenue without any lawful authority tried to demolish the structure of the deity on the suit-land on the date of Bijoya Dashami in writing which is not only contempt of court but an outrageous.
Meeting with the 2nd Officer of Tongibari Police station:
We have gone to Tongibari Police station on 07.10.2006 at about 4 p.m. and we found 2nd officer of the police station and handed him over the written FIR made by Parimal Chandra Moni. But the second officer could not answer why the Officer-in-charge did not take any FIR despite his visit to the spot on 03.10.2006
Meeting with the Thana Nirbahi Officer (TNO) Tongibari :
We have gone to the official residence of TNO after Iftar and we found him to some extent annoyed with us and he denied the allegation of attack, but when the female victims started to describe the ordeal then he could realize the situation how they have been persecuted and tortured by the perpetrators of crime. We showed him the order of the High Court and the receipt thereof endorsed by the Deputy .Commissioner’s Memo. No. 889/1 dated 11.07.2000 but initially he denied the existence of any such order of the court. The TNO subconsciously tried to avoid the incident of such minority repression which is suppression of facts.
We found the Government officials neglected to take any action in meting out justice to the minority community:-
Why the order of statuesque granted by the High Court was not complied by Thana Nirbahi Officer (TNO) Tongibari despite the knowledge of such order.
Why the Notice violating the order of the court issued by Md. Ibrahim Meah Union Land Officer directed the minority community to demolish the structures on the Temple.
Why the lease of the private properties in the name of vested property should not be treated as illegal and without any lawful authority.
Why the Police officer of Tongibari P.S. did not take any action against the perpetrators of crime committed earlier against religion cutting heads of the deities arising out of his P.S. Case No.11 dated 24.12.2000.
Why the Police officer of Tongibari P.S. did not arrest the perpetrators despite specific allegation of attack on temple as well as on the women and children was made in Tongibari P.S. case No. 07 dated 03.10.2006 second time.
The Officer-in-charge visited the spot on the date of occurrence, but why he did not arrest the perpetrators despite specific allegation against Ruhul Amin Munshi was made by several witnesses.
Recommendation and Opinion:
State has totally failed to protect the rights of minority and thus committed a breach of principles of the charter of the UNO under Article -4(2) on Declaration on the Rights of persons belonging to National or Ethnic, religious and Linguistic Minorities in not providing any legal help to the victims. State should take measures to create favorable conditions to enable persons belonging to minorities to express their characteristics and to develop their culture, language, religion, traditions and customs, except where specific practices are in violation of national law and contrary to international standards. Bangladesh Minorities should be protected and their right of culture, tradition and customs should be protected. The perpetrators of crime against humanity, against religion and desecration of deities should be brought to book according to law. Terrorism sponsored the local administration should be stopped forthwith.
We came back from Munshiganj at about 10-30 p.m. at night on the same day.
Prepared and submitted by:
(Adv.Rabindra Ghosh)
President-HRCBM-Dhaka-Bangladesh.