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Minority house set on fire to kill the inmates at Mahisar village, P.S. Bedarganj, Dist. Shariatpur: HRCBM report Part - II


Note: Please visit http://www.hrcbm.org/NEWLOOK/bhaderganj_house_ablaze.html to read the first part of the investigative report.
Comment: Investigative Report of HRCBM-Dhaka on the incident of house being set on fire, burning of cow and calf belonging to minority family at North Mahisher, Baderganj P.S. Shariatpur District and subsequent assault upon them.

Date of Investigation: Investigation conducted on 7th May, 2004.
 

The Report

I, along with Ms. Krishna Ghosh of HRCBM-Dhaka on 6th May, 04 proceeded towards North Mahisher, Baderganj PS, Shariatpur District from Dhaka  by Bus on the report published on  21st of April, 2004 in local  “Rudrabarta”  that a minority house set on fire and cow and calf has been burnt. 
We reached Shariatpur town and went to the official residence of the Deputy Commissioner, Shariatpur at about  12 p.m. and stayed at Rest House Shariatpur. We also went to the office of  Mr.Khorshed Ali, Additional  Superintendent  of Police, Shariatpur on the next day on 7th of May, 04 and got co-operation from him and reached the place of occurrence and took statements of victims, police officers  as well as witnesses available at that time.

Back ground information :

Gurupada Mondal-( 55) son of late Lal Mohan Mondal of North Mohisher of Bhedarganj P.S. is a school teacher of No19 Uttar Mahisher Govt.Primary School. He has got his wife, three sons and two daughters namely Ms.Kabita Mondal 20 and Ms.China Mondal –17. Ms. Kabita Mondal is married. One Md. Delwar Hossain Saial son of late Ayub Ali Saial of the same village lodged a complain on the allegation that his daughter Ms. Rina Begum was kidnapped by the family members of Gurupada Mondal G.R. case No. 552/ dated 01/09/01 under section 7/30 of  Nari-O-Shishu Nirjatan Ain,2000 against Gurupada Mondal Barai  and his other family members.
Thereafter, on 18th January, 2002 the same Md. Delwar Hossain Saial instituted another G.R case No.66/ 2002 against the Gurupada Mondal and others on the allegations that Ms. Rina Begum was raped. Both the cases are pending for trial in the court of District and Sessions Judge Court Shariatpur. In both the cases the accused Gurupada Mondal and his sons got bail from the court.


Picture (Courtesy HRCBM-Dhaka): on the left shows severely burnt cow and right, burned down homestead. Bottom, burned homestead.

During the period of trial of the said cases in the court - as per version of complain FIR lodged by Gurupada Mondal in Bhederganj Police station on 25th March,03  Md. Delwar Hossain Saiyal , R. Matin Saiyal and Mizanur Rahaman Saiyal  on 23/03/04 at about 11.30 p.m. set the fire on the adjacent house to the main house where cow and calf of Gurupada Mondal were kept. The inmates of the house recognized the above miscreants while they were fleeing outside the house. As a result of fire the house is burnt down and the cow and calf have been partially burnt.
Gurupada lodged F.I.R. in Bhedarganj Police station , Bhedarganj P.s. case No. 5 dated 25/03/04 under section 435/427 of Bangladesh Penal code.  Copy of FIR attached.

Because of filing case No. 5 in the Police station the victim – Shushil and his father Gurupada have been caught, beaten and tortured mercilessly on 3rd May, 04:

Shushil Mondal  -23 a carpenter by profession, son of Gurudas Mondal is a carpenter working in Nariya P.S. 7 kilometers from his house.  On 03/05/04 at about 9-30 hours the accused  namely 1. Delwar . Kalu Sikdar , Mujibar Sikdar, Monowar Sikdar , Shajahan Sardar , Matin and Mizanur Rahaman  caught hold of and dragged  Shushil from his place of duty from  Chairman Bazar Nariya PS and brought him forcefully in the house of Kalu Sikdar and tied him with a rope along the tree and started to torture in a very heart –breaking  manner; they also claimed  his signature on non-judicial stamp paper, but he failed, as a result Shushil Mondal became unconscious . On hearing the news of torture his father  Gurupda Mondal started to proceed towards Chairman Bazar to rescue his son from  clutches of  kidnappers , but unfortunately Gurupada was caught by those accused on the way and they claimed Taka 50,000/-( Fifty thousand) from him in consideration of life of Shushil Mondal. Gurupada could not pay and a result the miscreants started to beat and tortures this minority school teracher with iron- rod and armed weapons. As a result Gurupada sustained multiple injury on his leg and hands. In the meantime some accused snatched away Taka 4320/- from the pocket of Gurupada Mondal.

Picture (courtesy HRCBM-Dhaka): The copy of the FIR (First Information Report) filed by the victim Guropada Mondal at the local PS.


Picture (courtesy HRCBM-Dhaka): The copy of the FIR (First Information Report) filed by the victim Sukumar Mondal at the local PS.

 We have visited the place of occurrence on 7th of May, and found the victim Gurupada , his son Sukumar, his daughter Ms. Kabita Mondal , Ms. China Mondal. They all testified that Md. Delwar, R. Matin and Mizanur Rahman set the cow, cowshed and calf on fire and shown us the burnt cow and calf with the burnt house.  We saw two-burnt cow and a calf with serious injury and found that the calf will not in a position to survive if she gets milk from her mother cow. The calf is also seen partially burnt. They also showed us the doctor’s report and we saw that the Veterinary Surgeon’s prescription and latest report. We also asked the following witnesses who gave us evidences that the miscreants set fire on their cows and house on the date of occurrence.  Some of the witnesses told us that the miscreants with malafide motive instituted two false cases against this minority family previously and the police without investigation submitted charge sheet against the family as the miscreants are belonging to ruling party activists.

1.        Nurul Islam 45 local U.P Member of the locality

2.        Md. Alal Sharif Bepari  Previous U.P. Member

3.        Rafiqul Islam 60 local man

4.        Delwar Hossain Sardar 38

5.        Dulal Chandra Talukder 36

6.        Dr. Abul Bashar 56

No accused were arrested despite of charge sheet submitted against the accused :

 We went to Bhedarganj Police station on 7th of May, 04 at about 12/30 p.m. and we found the O/C  Md. Abul Kashem and Asstt. Supdt. Of Police Circle who were waiting for us. We asked the O.C Md. A. Kashem whether the accused responsible for the offence under section 435/427 of Penal code and the subsequent event of torturing the victim Gurupada and Shushil. The O.C. told us that as the accused are not found at their houses, he could not arrest them. I also asked whether the accused surrendered before the court or not, then the O.C.  told us that they have not yet surrendered before the court nor bail was granted.  But the charge sheet has been submitted as the prima facie case has been made out in Bhedarganj PS case No. 5 dt. 25/03/04 against the accused. But it is quite mysterious that as the O/C. could not arrest the accused of such heinous offence of burning of cows and house; the said accused further being encouraged attacking Shushil and Gurupada on 23/04/04 because of lodging FIR in the police station. We also asked the O.C. whether any case has been started against the accused of second incident of torture upon the minority family? The O.C told us that as the complainant did not come to the police station he did not record the case, but on the other hand the O.C. told us that a negotiation was going on to compromise the offence of burning of cows. I asked the O.C. whether this offence is compoundable or not?  The O.C did not give us satisfactory reply. But next the O.C. took the case filed by Sukumar Mondal – son of Gurupada Mondal.  Bhedarganj P.S. case No. 23 dated 07/05/04 under section 143/323/342 of Penal code. He also told us that he would take necessary steps for this repeated offence. We, in presence of O.C. and A.S.P. asked the victims why they could not come to the police station for lodging FIR in time although the assault on the victims took place on 3/05/04. The victim. without any hesitation ,replied that they could not come to the police station as the accused warned them not to proceed to the Police station for lodging further complain; if they proceed to file any case they would be killed and the accused are all belonging to ruling party cadres.


Picture (courtesy HRCBM-Dhaka): Left HRCBM-Dhaka representative is discussing with Police officers. Right, victim giving statement before police which is video recorded by HRCBM-Dhaka.

Shushil Mondal - 22  and his father Gurupada Mondal were found seriously injured  in the local Health Complex and getting  insufficient treatment.

We also visited the Bhedarganj Thana Health Complex nearer to Bhedarganj PS and found Shushil in a very precarious condition. His mother Ms. Ranu Bala Mondal – 45 was present there for nursing and treatment.  She explained us that the due to filing of complains in the police station their lives are endangered and no legal help could be available. She explained further to us that due to intervention and threat from the accused she could not come to police station for lodging FIR in time. Ms.Ranu also started to say that her unmarried daughter Ms.China Mondal is not in a position to stay at their home due to constant threat and intimidation by the miscreants.   We also examined Gurupada Mondal  and found his leg injured due to assault by  FIR-named accused. We also brought the O/C and ASP in the Thana Health Complex to show the present condition of the victims. Both the police officers admitted the fact but found them reluctant to arrest the accused responsible for repeated offence. Md. Abul Kashem was found very much interested to take initiative to compromise the cases filed by minority victims rather than trial in the courts. But the O.C. could not reply the fate of trial of two cases filed by the accused against the victims pending in the court of District and Sessions Judge, Shariatpur. We found the treatment mete out to the victims are insufficient and unhealthy.


Picture (courtesy HRCBM-Dhaka): Severely wounded Shushil Mondal (22) Son of Gurupada Mondal was examined by HRCBM-at Thana Health Complex, Bederganj PS.

Ms.Rina Begum daughter of Md. Delwar Hossain – the accused of Bhedarganj PS case No.5 dated 25/03/04 and also Bhedarganj PS case No.2 dated 07/05/04 wanted to marry Sushanta Mondal if he is converted to Islam. 

It further came to our notice during investigation that most of the above witnesses of the locality irrespective of caste and creed gave us testimony in our video tape that there was a conspiracy against this Hindu family that the accused Md. Delwar Hossain hatched up a plan to give her characterless daughter to marriage to Shushil since long on condition that Shushil be converted to Islam ; Shushil did not want to be married with this Ms.Rina Begum and as a result two false cases have been lodged against this Hindu family  implicating them making concocted story ,compelling them to be converted to Islam. As a result continuous atrocities against this law-abiding and simple minority family is going on.  Apart from this the accused were trying to evict this minority family to grab all their landed properties.  Since the two cases filed by Delwar Hossain against this family and that case are now in trial stage, we cannot say what would be result of the case. But during trial of both the cases the victims have been compelled to file two cases rendering them in a very distressed condition by accused Delwar Hossain and others. We found a hand-writing love -letter of Ms.Rina Begum requesting the victim – Shushil to be converted.


During our investigation Ms. China Mondal  -15 was found frightened and insecure:

Ms. China Mondal daughter of Gurudas Mondal  and a student of Class X was interviewed by Ms. Krishna ghosh. She described to Ms. Ghosh that some bad elements were trying to kidnap her from her father’s house and in several occasions she has been threatened. She is now not in a position to stay at their home and hearth because of continuous threat and coercion. She wanted HRCBM’s full legal assistance for her safety and security. We expressed our sympathy and assured them for their legal assistance in future. She also handed over us a piece of written document for her help.
 

An appeal from Ms. China Mondal: I China Mondal, father Guru Das Mondal, aged 15 hereby state that criminals has burned our cows dated 04-23-04 at night. Once the case is filed at the police station, criminals have warned that they will kidnap and torture me since we have notified police. The criminals are Moti & Mizanure Soiwal, son of Delware Soiwal, Kalu & Majibu Shikder, son of Mouslem Shikder and Shajahan Sarder, son of Kodam Ali Sarder of the same village. There were some others criminals with them as well who are also threatening to kill us all. They have also warned similar consequences for my sister and her family. The criminals are harassing us everyday and roaming near to our house to showcase their strength. We want freedom from such living hell. No neighbors are helping us due to constant threat from the criminals.
I would like this opportunity to beg your help to live in this locality. Please be kind to extend your help to us.

We came back from Bhederganj Police station, Shariatpur to Dhaka  on the same night at about 12 p.m. but lost our Cellular Phone during transit at Bus Terminal.