National Forum | trigger happy BSF -- another extra judicial killing

-- To     

The Chairman

National Human Rights Commission

Faridkot House
Copernicus Marg

New Delhi-110001                                                                                                                 22^nd January 2011

 

 

Respected Sir,

 

We have received information of an extra judicial killing of a Muslim person namely Tiarul Sk.(deceased) by the Border Security Force on 27.11.2010 in the bordering areas of District Murshidabad, West Bengal. The victim was killed by BSF by shooting him from very close range. The victim's father brought 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 whole matter must be investigated by the investigation wing of the Commission.    

·         A Magisterial enquiry must be held as per the revised guidelines issued by NHRC dated 2/12/2003 in case of encounter death so that the people are assured that the rule of law rather than the rule of the gun is operative

·         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.

 

Thanking you,

Yours sincerely,  

 

 

 

(Kirity Roy)

Secretary, MASUM

&

National Convenor, PACTI

 

 

Name of the victim:- Tiarul Sk.(deceased), son of Saber Sk., aged about-20 years, by faith-Muslim, residing at village-Kalbalitala, Police Station-Raninagar, District-Murshidabad, West Bengal, India.

 

Name of the Perpetrators: - The on-duty Border Security Force jawans posted on 27.11.2010 at Out-Post no-III under Kaharpara BSF Camp, Company-B, Batallion-52, Police Station-Raninagar, District-Murshidabad.

 

Time and Date of incident: - On 27.11.2010 at about-6.30 pm.

 

Place of incident: - In the open filed on the southern side of BSF Out-Post no-III under Kaharpara BSF Camp, Police Station-Raninagar, District-Murshidabad

 

 

Case Details:-

 

On 27.11.2010 at about 6 pm some smugglers assembled with cattle with intention to smuggle cattle in the open filed on the southern side of BSF Out-Post no-III under Kaharpara BSF Camp. Then about 4/5 smugglers among the said group of smugglers put the light of torch on the BSF jawans who were on-duty at that time at the said BSF Out-Post. Then immediately the on-duty BSF jawans without sounding any alarm open fired on the smugglers. The victim Tiarul Sk received bullet injury on his chest and he immediately fell down on the ground. The information was received that the bullet entered into his chest and exited from his back.

 

Thereafter at about 11 pm the Officer-in-Charge of Raninagar Police Station arrived at the place of incident and brought the body of the victim at Godhanpara Primary Health Centre. In the said hospital the on-duty doctor declared him dead. The body of the victim remained in the said hospital for the whole night. Then on the next day (28.11.2010) at about 11 am Mr. Bishnupada Nath being Executive Magistrate, Domkal arrived in the said hospital and conducted inquest on the body of the victim. Then the post mortem examination on the body of the victim was held at Lalbagh Sub-Divisional Hospital, Murshidabad.  The police of Raninagar Police Station registered one unnatural death case vide Raninagar Police Station U.D. Case no. 27/2010 in the matter of the death of the victim.

 

On 28.11.2010 Mr. Md. Saber Sk, the father of the victim submitted one written complaint before the Officer-in-Charge of Raninagar Police Station wherein he brought allegation that his son i.e. the victim was killed by firing by the accused BSF jawans when his son went to look after the crops in the field. The said written complaint was treated as a First Information Report [being Raninagar Police Station Case no. 651/2010 dated 302 (punishment for murder) of Indian Penal Code] by the Officer-in-Charge of Raninagar Police Station under section 154 of Criminal Procedure Code against the perpetrator BSF jawans.  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 at Raninagar Police Station reportedly over the same incident of firing by BSF. The police treated the complaint as a First Information Report vide Raninagar Police Station Case no. 650/2010 dated 28.11.2010 under sections 147/ 148/ 149/ 186/ 188/ 307 324/ 332 333/ 353/ 379 of Indian Penal Code and under section 12 of P.P. Act. It has been reported that the said police case from the side of BSF was initiated to justify the killing by depicting the incident as an encounter.

Palash Biswas
Pl Read:
http://nandigramunited-banga.blogspot.com/