23 September 2013
To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi - 110001
Respected Sir
I want to draw your attention regarding the incident of illegal arrest, illegal detention and subsequent judicial remand of Bangladeshi women. In this context, I want to bring into your notice regarding the office memorandum No. 14051/14/2011-F.VI of Ministry of Home Affairs (Foreigners Division) Government of India Dated 1st May, 2012. In this memorandum it has been clearly stated that "(IV) it is seen that in general, the foreign victims of human trafficking are found without valid passport or visa. If, after investigation, the woman or child is found to be a victim, she should not be prosecuted under the Foreigners Act. If the investigation reveals that she did not come to India or did not indulge in crime out of her own free will, the State Government / UT Administration may not file a charge sheet against the victim. If the charge sheet has already been filed under the Foreigners Act and other relevant laws of the land, steps may be taken to withdraw the case from prosecution so far as the victim is concerned. Immediate action may be taken to furnish the details of such victims to the Ministry of External Affairs (Consular Division), Patiala House, New Delhi so as to ensure that the person concerned is repatriated to the country of her origin through diplomatic channels" and (v) During the interim period, pending repatriation, the victim may be taken care of in an appropriate children's home, or "Ujjawala" home or appropriate shelter home either of the State Government concerned or of any NGO aided by the Government of India / State Government.'
On 29.08.2013 Ms. Kalyani @ Kalyani Rani Mondal and Ms. Lakkhi Gayen while entered to Indian Territory without holding the valid documents were apprehended by the Border Security Force personnel and subsequently handed over them to Swarupagar police station of North 24 Parganas district. The police personnel implicated them into criminal charges and detained them. Afterwards they were produced before Basirhat ACJM court and the concerned magistrate sent them to the Dumdum Central Correctional Home vide Swarupnagar Police Station Case No. 602/2013 dated 28.08.2013 under sections 13/14 of Foreigners Act.
On 31.08.2013, another woman; Ms. Sunita Sarkar was apprehended by the BSF personnel while she entered to Indian Territory. She was charged vide Swarupnagar Police Station Case No. 602/2013 dated 28.08.2013 under sections 13/14 of Foreigners Act by the police personnel of Swarupnagar Police Station. The concerned Magistrate sent her to the Dumdum Central Correctional Home.
Ms. Nasima Bibi, Ms. Hasna Hena Rani, Ms. Saida Mohoram Ali Seikh, Ms. Ayesha Begam all were implicated into criminal charges on different dates vide Swarupnagar Police Station Case No- 611/2013 dated 30.08.2013 under section 14 of Foreigners Act, Swarupnagar Police Station Case No- 622/2013 dated 01.09.2013 under sections 14A/14C of Foreigners Act, Swarupnagar Police Station Case No- 629/2013 dated 03.09.2013 under sections 14A/14C of Foreigners Act, Swarupnagar Police Station Case No- 629/2013 dated 03.09.2013 under sections 14A/14C of Foreigners Act and they were sent to Dumdum Central Correctional Home by the order of the concerned Magistrate. Most importantly I want to draw your kind attention regarding that the under mentioned all women having no connection and involvement with illegal acts or trafficking.
Please take note that the BSF officials, the police directorate of West Bengal Government and the judiciary are reluctant to follow the guideline laid down by the Ministry of Home Affairs, Government of India while dealing with / charging women and children entered into our land from SAARC countries without any valid paper.
Name and other detail of the women with date:-
1. Ms. Kalyani @ Kalyani Rani Mondal, wife of- Mr. Nepal Chandra Mondal, Village- Harinkhola, Police Station- Patkelgacha, District- Satkhira, Bangladesh was implicated vide Swarupnagar Police Station Case No. 602/2013 dated 28.08.2013 under sections 13/14 of Foreigners Act.
2. Ms. Lakkhi Gayen, wife of- Mr. Amulya Gayen, Village- Kharidanga, Police Station + District- Satkhira, Bangladesh was implicated vide Swarupnagar Police Station Case No. 602/2013 dated 28.08.2013 under sections 13/14 of Foreigners Act.
3. Ms. Sunila Sarkar alias Sunita Sarkar, wife of- Mr. Sachindra alias Satyendra Sarkar, Village- Sayestanagar Meliati Para, Police Station- Baduria, District- North 24 Parganas, West Bengal, India was implicated vide Swarupnagar Police Station Case No-612/2013 dated 30.08.2013 under sections 13/14 (A)/14 (C) of Foreigners Act.
4. Ms. Nasima Bibi, wife of- Mr. Sainur Molla, Village- Barodal, Police Station- Asasuri, District- Satkhira, Bangladesh was implicated vide Swarupnagar Police Station Case No- 611/2013 dated 30.08.2013 under section 14 of Foreigners Act.
5. Ms. Hasna Hena Rani, wife of- Mr. Murtaja Alam, Village- Ekhori, Post Office + Police Station- Terakhada, District- Khulna, Bangladesh was implicated vide Swarupnagar Police Station Case No- 622/2013 dated 01.09.2013 under sections 14A/14C of Foreigners Act.
6. Ms. Saida Mohoram Ali Seikh, daughter of- Mohoram Ali Seikh, Village- Indian Oil Nagar, Building No-10, Room No-512, Police Station- Natwar Purkha (Shivaji Nagar), District- Mumbai, India was implicated vide Swarupnagar Police Station Case No- 629/2013 dated 03.09.2013 under sections 14A/14C of Foreigners Act.
7. Ms. Ayesha Begam, wife of Mr. Md. Sahel Ali, Village- Indian Oil Nagar, Building No-10, Room No-512, Police Station- Natwar Purkha (Shivaji Nagar), District- Mumbai, India was implicated vide Swarupnagar Police Station Case No- 629/2013 dated 03.09.2013 under sections 14A/14C of Foreigners Act.
In Swarupnagar police station there is no lock-up for women. All the above mentioned women were kept in the police station whole night with other males after their respective arrest; which is illegal.
Ms. Sunila Sarkar alias Sunita Sarkar, wife of- Mr. Sachindra alias Satyendra Sarkar, Village- Sayestanagar Meliati Para, Police Station- Baduria, District- North 24 Parganas, West Bengal, India is a permanent resident of India having own land, birth certificates of her 3 sons and one daughter, Ration cards, Aadhar cards, Telephone (Mobile) bills, Electricity bills, PAN cards. All 4 children were received primary education from Katiahat school, Baduria. Eldest son, Sanjib Sarkar has eatery at Sayestanagar bazaar. Still Ms. Sunila, an aged woman was arrested as a foreigner. Police charged her as Sunita though her name is Sunila.
In this connection, want to seek your urgent intervention from your Commission and release the above mentioned women in accordance to the office memorandum No. 14051/14/2011-F.VI of Ministry of Home Affairs (Foreigners Division) Government of India Dated 1st May, 2012 and role of the police personnel of Swarupnagar Police Station and the concerned Magistrates must be investigated as they violated the order of Ministry of Home Affairs (Foreigners Division) Government of India.
Thanking You
Yours truly
Kirity Roy
Secretary, MASUM
&
National Convenor, PACTI
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in
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