National Forum | killings by BSF 5 km inside the border, only impunity
26th February 2011
To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi-110001
Respected Sir,
We have received information of an extra judicial killing of a Muslim person namely Rezaul Karim(deceased) by the Border Security Force on 05.01.2011 in the bordering areas of District Murshidabad, West Bengal. The victimwas killed by BSF by shooting him from very close range. Moreover the BSF Out Post was situated 5000 meters inside from the border, even being directed by law that the out post should be in the border line, this effects the security of the border. There was also a question that how can the BSF fired on the Indian citizen moving inside the territory of India, who were moving in 5 kilo meters distance from the border, which is a clear violation of freedom of movement which is secured under Art 19 of the Constitution of India. BSF was trying to show that the villagers were armed with bamboo sticks and sickles; however it is quite unbelievable that by mere bamboo sticks and sickles no person could attack BSF armed with firearms. These signify the firing of BSF as illegal violating the right to life secured under Art 21. The victim's brother brought an allegation of murder against the perpetrator BSF jawans by initiating one criminal case at local police station and the police investigation is still pending. The guilty BSF tried to justify the killing by depicting the incident as an encounter. Our attached fact finding report gives details of the case.
The facts and circumstances of the incident demand that the Commission should intervene in this case as there are allegations of gross violation of human rights of the victim by the perpetrator BSF jawans.
Hence we seek your urgent intervention in the following:-
· The guilty Border Security Force personnel must be booked under the law for their alleged act of illegal firing and killing a villager.
· Secure the right to life under Art 21 and freedom of movement under Art 19 provided by the Constitution of the poor villagers living in the bordering areas from the gruesome atrocities inflicted upon them by the Border Security Force.
· The whole matter must be investigated by the investigation wing of the Commission.
· Moreover the investigation of the police case initiated from the side of the victim's family against the perpetrator BSF jawans must be done in accordance with the guidelines issued by the Commission in case of encounter death.
· The victim's family must be given adequate reparation, support and protection.
· BSF should be posted at the "0" Point of international border, not in villages.
Thanking you,
Yours sincerely,
(Kirity Roy)
Secretary, MASUM
National Convenor, PACTI
Name of the victim: Rezaul Karim (deceased), son of Ainuddin Sheikh., aged about-25 years, by faith-Muslim, resided at village-Kalbalitala, Post Office : Zinnatpara, Police Station-Raninagar, Mahakuma: Domkal, District-Murshidabad, West Bengal, India;
Name of the Perpetrators: - The on-duty Border Security personnel posted on 05.01.2011 at Out-Post no-IV under Mohanganj BSF Camp, Company-E, Batallion-37, Police Station-Raninagar, District-Murshidabad.
Time and Date of incident: - On 05.01.2011 in between 11:15-11:50pm
Place of incident: - Ghoshghat near the BSF Out-Post no. IV under Mohanganj BSF Camp, Police Station-Raninagar, District-Murshidabad
Case Details:- According to our fact finding on 05.01.2011 from 11:00pm onwards approximately 50-60 smugglers tried to smuggle near about 200-250 cattle to Bangladesh near the Border Security Force Out-Post no.-IV which is situated 5000 meters away from the Indo-Bangladesh Border. It is revealed during our fact that the victim was present there with the smugglers. While trying to move towards international border the smugglers with the intention of smuggling cattle noticed that a BSF van (number AS 11.A-7010) full of BSF jawans appeared at O.P. No IV from east side of the Mohanganj B.O.P. The BSF watched that cattle smuggling is going on through the headlight of their van. Then immediately the BSF jawans without sounding any alarm randomly fired on the smugglers. It is relevant to mention here that when the smugglers saw the headlight of the BSF van they started to run away. Many of them received bullet injury on their legs, chests, heads etc by the haphazard firing by the BSF. Three of the smugglers died instantly. One of them is the victim Rezaul Karim. The other two deceased persons were still unidentified. The victim Rezaul Karim received two bullet injuries on his back and he immediately fell down on the ground.
On 06.01.2011 at 4:30 am after 5 hours of the incident the dead bodies were taken to the Godhan Para Primary Health Centre by the same BSF van (number AS 11.A 7010). Information was received that at about 10:30 am the dead bodies were inhumanly piled one after another on the BSF van. Even the BSF were not allowing anybody including the family members of the victim to check the dead bodies. Then at about 10:45am a Habildar of BSF opened the back door of the van and allowed the family members to saw the dead bodies.
Thereafter at about 11 am Mr. Bishnupada Nath being Executive Magistrate, Domkal arrived at the said Godhan Para Primary Health Centre and conducted inquest on the body of the victim. On 11:45 am the dead bodies were sent to Lalbag morgue for postmortem examination of the dead bodies. On 06.01.2010 the deadbody of Rezaul Karim was buried by his family members. On the other hand the other two dead bodies were left in the Lalbag morgue; they were identified as citizens of Bangladesh, residing at Chapai Nawabganj. Their dead bodies were sent to Bangladesh on 11.01.2010 at 1:30 pm through Char Mourali BSF Border Out Post. On 06.01.2010 the police of Raninagar Police Station registered one unnatural death case vide Raninagar Police Station U.D. Case no. 01/11 in the matter of the death of the victim. The investigation officer Sub-inspector Mr. Nilanjan Roy was on vacation. When he was asked to give the details of the case on 13.01.2010 he replied that he'll furnish the details after coming back from his vacation.
On 06.01.2010 Saidul Islam brother of the victim submitted one written complaint before the Raninagar Police Station wherein he brought allegation that the victim was killed by firing by the accused BSF jawans of Mohanganj BSF Camp, Company-E, Batallion-37. The said written complaint was treated as a First Information Report FIR no. 15/11 dated 06.01.2011 under section 302 [(punishment for murder) of Indian Penal Code]. The police investigation is still pending in the said case and accused persons are still at large.
One complaint was lodged from the side of Border Security Force by Company-E, Batallion-37 Commander Mr. Amba Dutta too at Raninagar Police Station reportedly over the same incident of firing by BSF. It has been reported that the said police case from the side of BSF was initiated tojustify the killing by depicting the incident as an encounter. Our fact finding team could not collect any information about the FIR number, case number and provisions of IPC under which the complaint has been filed. The BSF detained 26 buffalos, 3 cows and 2 calves from the smugglers and submitted to the Katlamari Excise Department by the BSF Commander Amba Dutta. Even some bamboo sticks and blunt 'henso' (sickle) were submitted by the BSF which are alleged to be collected from the smugglers.
--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
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