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Human Rights Congress for Bangladesh Minorities (HRCBM) |
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Investigative Report of H.R.C.B.M.(Dhaka)-Bangladesh on the incidents of forceful occupation of a Minority Hindu land properties worth Taka 9 million at Narasinghpur-Savar P.S., Dhaka with the help of local police administration. Investigation conducted by HRCBM on 3rd 4th of March 2005. I, Adv.Rabindra Ghosh along with Ms. Biva Rani Biswas of HRCBM-Dhaka investigated the incidents of continuous repression and forceful occupation of land properties belonging to Aloke Kumar Nag and Ashish Chandra Nag a Hindu family on receipt of news published in different dailies of Bangladesh and the press conference held by them at Dhaka Reporters Unity Press Club on 21 December, 2005. Investigation in picture: Pic1, Pic2, Pic3, Pic4 Back ground Information : Aloke Kumar Nag and Ashish Chandra Nag are the sons of Ashutosh Chandra Nag (69) permanent inhabitants of Narasinghpur- Savar Police station, District-Dhaka. They are peace loving and law-abiding citizens of Bangladesh. They purchased 0.48 decimals of land in C.S. and S.A. Dag No.21/146 from Bhagalpur Firms Limited (Eastern Housing Ltd) by a registered deed No.19522 dated 24.11.2003 and got possession adjacent to their inherited properties. One powerful and greedy businessman Ismail Hossain of Sharmin Group was trying to grab these properties along with other personal properties of this Hindu family since long with the help of some hired muscleman and continuous repression upon them is a routine work. False cases filed against them for harassment and to intimidate them to flee Bangladesh. The false case No.573 dated 24.07.2004 against the victims were dismissed, as it was unfounded. Aloke Kumar Nag prior to their illegal displacement filed a G.D. entry No. 340 dated 05.08.04 in Savar police station apprehending danger of forceful eviction, but no action has been taken by police due to obvious reasons. On 4th December, 2004 the said Ismail Hossain with his terrorists group numbering about 50/60, with the help of Police force at about 11 a.m. most illegally and forcefully broke open the gate of Aloke Kumar and broken the sign board and entered into the premises, destroyed the goods and belongings to this Hindu family and displaced them within one hour. The attackers did not dare to occupy the landed property of M/S Zilani Apparels(Pvt) Ltd. belonging to Mizanur Rahaman Chowdury- A Muslim although the property was purchased from Eastern Housing Ltd. Then Ismail Hossain with his group with a view to suppress the materials facts filed a false Savar P.S.case No.67 (1)2005 against Alok Kumar and the 11 members of his family at Savar police station under section 447/323/379 of Penal code and Aloke Kumar Nag was dragged to Savar Police station and he was tortured in police custody and sent to jail custody without any fault. The attackers obtained a deed from one Paritosh Chandra Nag on personating falsely himself to be a real owner of land on 30.06.2004. Aloke Kumar Nag and Ashish Chandra Nag submitted an application to the Home Minister of Bangladesh on 11th of January 2005 for help and justice with copy to other law enforcing agencies. They also held press conference at Dhaka Reporters Unity Press Club, but the Government did not take any tangible action against this terrorism till writing of this report. Investigation by Bangladesh Manabadhikar Council (BMC): Thereafter a Human Rights Organization - Bangladesh Manabadhikar Council (BMC) Dhaka investigated the matter of forceful occupation on 17th of Jaunuary,05 and visited the spot and submitted a report to the Secretary Ministry of Home suppressing the material facts of forceful occupation of land by Md. Ismail Hossain before disposal of the suit in the civil courts between the parties on 4th of December,05 with connivance of Savar police, although they admitted that Hindu owner Aloke Chandra Nag was dragged into Savar Police station . The opinion given by BMC regarding partition of suit land between the Hindu owners is redundant. In case of any criminal offence it is the duty of the police to protect the life and property of legal owners and also responsibility of police to punish the offenders or intruders, there will be no bar of police action if the civil litigations continue. Meeting with Mr. Fararuk Ahmed Chowdhury DIG of Police, Dhaka Range: We, HRCBM-Dhaka went to the Office of DIG of Police, Dhaka to impart the situation on the prayer of Ashish Kumar Nag and we also brought Ashish Kumar Nag before the DIG on 3rd of March, 2005. Ashish Kumar Nag elaborately disclosed all the material facts to DIG and the DIG heard the matter patiently and directed the O.C. Savar to help conducting investigation by HRCBM-Dhaka on 4th of March, 2005. Ashish Kumar Nag also submitted an application along with all documents relating to ownership of land and other relevant papers. DIG assured us that he would look into the matter after investigation. We took video-statements of the victim and the DIG of Police. Meeting with Nazrul Islam, Officer-in-Charge of Savar Police station : We, HRCBM went to Savar Police station on the next day on 4th of March,2005 and found him accordingly. During our discussion the victim Aloke Chandra Nag along with one Babu Rahaman and some local journalists- Gobinda Acharjee of Protom Alo, Soumitra Manab of Janakantha and Feroz Mahamood of weekly Jatha Tatha Katha were present. Aloke Chandra Nag started to complain us one Md.Ismail Hossain, Proprietor of Sharmin Group was trying to occupy their purchased and inherited land through intimidation and coercion on different occasions and he informed the police in time and showed us a copy of General diary submitted in the police station. But the police did not take any action on this, rather the police started criminal case No. 14 (12) 04 under section 143/448/323/385/427/379/506 of Penal code against the Hindu victims. But on 4th of March 2005 all on a sudden Md. Ismail Hossain with his office staff and police force most illegally broke open the gate of Aloke Chandra Nag and started destroying the goods, threes etc. therein and occupied the land with the help of police. Hundreds of people witnessed the forceful occupation, but they did not come forward as the police helped the intruders to occupy the same. Besides, the police started criminal case No.67 (1) 2005 under section 447/323/379 of Penal code against the Hindu victims and arrested Aloke Chandra Nag from Savar Police station. The O.C. Savar denied the allegations of torture and false case against them. He told us that Ashish Kumar has no right to possess the property as his co-sharer Paritosh Nag sold entire property measuring 0.48 decimals on 30.06.2004 in question to Ismail Hossain by registered deed. We also asked the local journalists present in the P.S. why the police helped taking possession of land of Hindu victims without having any lawful authority, they replied that the police might be helping Md. Ismail Hossain as he is a powerful man in the locality. Statement of witness: Babu Rahaman Music Director and Singer-Teacher : Babu Rahaman is known as reputed Music Director and singer-teacher of Jahanagir Nagar University School and College. He lives Jahangir Nagar University Campus (Telephone No. 880-2-7708666) and a courageous neighbor always have utmost sympathy for the Hindu victims and he is the only man who helped them getting bail from the court arising out of false cases. Rahaman narrated that the property forcefully occupied is the property of Aloke Nag and Ashish Nag and Md. Ismail Hossain has illegally occupied their properties on 4th of December, 2004. He also continued deposing that O.C. Savar did not take any action against terrorism and he requested O.C. time and again to arrest the terrorists but the O.C replied that the matter is not a criminal offence rather it is a civil nature. Rahaman continued to say that because of religious faith the victims have been prejudiced and this terrorism is a religiously motivated act rather than isolated incident. He also argued that Md.Ismail Hossain and his gangsters did not occupy the land of Mizanur Rahaman Chowdhury, Prop. Jilani Apparels (Pvt) Ltd. adjacent to same plot as he is a powerful Muslim. He demanded exemplary punishment of the offenders. We have been given to understand that some unknown terrorists threatened him over telephone that he would be killed if he helps Ashish Kumar Nag and his family. We also took statements of the members of his family who also told us that they have also been threatened several times over telephone. Babu Rahaman filed a G.D. Entry No.210 dated 04.03.2005 in Savar Police station for his safety. All their statements have been video taped in presence of Nazrul Islam , O.C. of Savar Police station. Visit to Place of occurrence Narsinghpur: We, HRCBM have visited the spot at Yearpur Uninon - Narsinghpur with Alauddin, S.I. of Police and three constables of Savar P.S.on 4th of March, 05. The victims along with more than 50 witnesses were present they are: 1.Babu Rahaman ( 51) Singer and Music Director of JN University School and
College. All the above witnesses deposed in favor of Hindu victim and all the witnesses deposed that Md.Ismail Hossain with his gangsters occupied the land illegally and started fencing wall around the area over night. The signboard of Sharmin Group has been pasted replacing the signboard of Ashish and Aloke Kumar. They also found that the local police with uniform allowed the intruders into the premises of Ashish and Aloke Nag and they took picture of the police on duty with their vehicle. They have showed us the pictures taken during forceful occupation of land. Some of the witnesses imparted that the police took bribe from Md. Islam Hossain and as such they aided such forceful occupation. All these illegal activities continued in presence of police officers. They also stated that false case No.68 (12)2004 started against Ashish along with 14 Hindu victims with the help of police only with a view to suppress material facts. All the witnesses want exemplary punishment of intruders and gangsters responsible for such forceful occupation of land and also recovery of land from the illegal occupants. They also condemn the police action against the victims instead arresting criminals. Alauddin S.I. of Plice wanted to snatch away the video camera of HRCBM-Dhaka: During our physical investigation at the spot on 4th of March, 05 at Narsinghpur Sub-Inspector Alauddin along with three constables seemed helping investigation process, but it is strange that while we were taking statements of victims and witnesses in presence of police in our video-tape the S.I. Alauddin became annoyed and angry with us and wanted to snatch away camera from the spot presumably he got a telephone from gangsters that the video tape should be seized. We informed the matter to O.C. Savar P.S. in writing, but O.C. did not take any action against S.I. Alauddin. We also informed the matter to the S.P., A.S.P. and D.I.G. of Police Dhaka Range for taking necessary action against the S.I. responsible for the offence. Statements of Abdul Bashar Talukder Asstt. Superintendent of Police, Savar : We also went to the office of ASP- Savar and informed the matter and our investigative experience. Preliminary he did not want us to talk to him but later on he talked. We informed that the S.I. of Police Alauddin who accompanied us did not help Human rights defenders rather he showed audacity to snatch away our video camera from the hands of Adv. Rabindra Ghosh. He advised me to inform the matter to the higher authority for taking necessary action. Later we contacted with Mr. Baktiar Supdt.of Police, Dhaka over telephone but the S.P. most reluctantly talked to us and before discussion he discourteously disconnected his telephone line. We recollect his previous nefarious activities of police in course of investigation conducted by us at Dignara-Mashail in Nowabganj Police station in the year, 2003. He, with ill motive, instigated the wife of accused to file sedition case against Adv.Rabindra Ghosh. Statement of Md. Ismail Hossain Managing Director of Sharmin Group: As soon as Md. Ismail came to know that we visited the spot he came back from USA and contacted with me over telephone and met with me in the office on 11th of March,05. He showed us a copy of registered deed dated 30.06.2004 signed by one Paritosh Chandra Nag. We scrutinized the registered deed and found that Paritosh has got no authority to register the deed as he transferred the property to Eastern Housing since long and Eastern Housing again sold the property to Aloke Kumar Nag and Ashish Nag on 24/11/2003 by a registered deed. So, the impugned deed dated 30.06.2004 has got no force to exist. Realizing the fate of the case he jumped over the possession before adjudication of the case. He told that he purchased the property from Paritosh. I asked Md. Ismail how he entered into possession without the permission from the court, he also told that a civil litigation is pending in the court and it will take time to settle the dispute and Paritosh gave him possession and there is no illegality in getting possession he replied. Md. Ismail also wanted us to offer a good amount of money for the purpose and we understand that he was trying to convince us by offering illegal gratification. We warned him not to try in future with such illegal gratification. Findings: The minority Hindu family has been the target of powerful and corrupt industrialist Md.Ismail Hossain Managing Director of Sharmin Group of Industries at Savar-Dhaka. This family has been displaced due to state-sponsored terrorism as the police administration helped process of forceful eviction. Besides, the police took criminal case against minority victims instead arresting the lawbreakers Sharmin Group. Forceful occupation of landed property of Hindu Minority with the help of Police force at Narsinghpur Savar-Dhaka is not an isolated incident in Bangladesh. It has root cause as the civil and police administration lacks the knowledge of UN Human Rights treaties for Minorities. The gross violation of human rights of minorities in Bangladesh has been a great concern for several countries of the world as depicted in various reports. The displaced minority should be rehabilitated, protected and restored to its previous position and the perpetrators should be brought to book in accordance with law. The responsible police officers should be punished. We came back from Savar on 4th of March, 2005 by Auto Taxi. Prepared and submitted by: (Adv.Rabindra Ghosh)
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