BSF firing - Cooch Behar - helpless victim - police inaction - impunity

Kirity Roy<> / Tue, Jan 13, 2015 at 8:22 PM
To: "Justice Shri K.G. Balakrishnan" <>,
Cc: Chief Minister West Bengal <>, Chief Secretary Gov of WB <>, Secretary Home Dept Gov of WB <>, "DG & IGP, West Bengal Police." <>, BSF DG <>, DG BSF <>, Pro Bsf <>, , "A.K. Parashar" <>, OHCHR <>

To13January 2015

The Chairman

National Human Rights Commission

Manav Adhikar Bhavan, Block- C, GPO Complex, INA, New Delhi – 110023

  • Principal Secretary (Home) – MASUM/PS(H)/WB/12/3973/15
  • Superintendent of Police- MASUM/CBR/12/SP/3974/15
  • District Magistrate –MASUM/CBR/12/DM/3975/15

Respected Sir

I want to draw your kind attention on an incident of unprovoked firing on a Muslim youth while he was trying to smuggle out cattle to Bangladesh. The youth was working as part time rattler out of poor economic condition. At the time of incident the victim was unarmed and the Border Security Force personnel fired upon him without any caution and alarm. He received the shot in his arm; he was treated at various medical deliverances but till date not fully cured.

Out of fear and sense of guilt he did not visit the governmental deliverance and in first instance made any complaint to the local police but later he made a written complaint to the Superintendent of Police. The victim also spent a large amount on his treatment.

The incident was in total violation of sanctioned domestic procedures for firing and in contravention of article 2,3,5,6 and 8 of Code of Conduct for Law Enforcement Officials; Adopted by General Assembly resolution 34/169 of 17 December 1979 andBasic Principles on the Use of Force and Firearms by Law Enforcement Officials, Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders.

Though, the Director General of BSF declared 3 years back that “No lethal weapon be used at Bangladesh border” but it has been proven as a farce.

I am appending herewith a detail report for your easy reference and demand for:-

  • An urgent and independent investigation over the incident
  • The erring BSF personnel must be booked under appropriate legal provisions
  • The complaint of victim to the Superintendent of Police must be treated as an FIR
  • The witnesses must be protected from threats and inducement
  • The family must be provided with financial compensation

Sincerely Yours

(Kirity Roy)

Secretary- MASUM

National Convener- PACTI

Particulars of the Victim- Mr.Aminul Haque aged 28 years son of Late Amir Ali, Residing at village Tharaikhana, Post Office – Tharaikhana, Police Station – Dinhata, District – Coochbehar, West Bengal, India.

Particulars of the perpetrators – Constable of KurshahatBorder outpost, E company and 124number Battalion, Border Security Force, under Dinhata Police station, District- Coochbehar.

Date and time of the incident – The incident took place on28.01.2014 at around night 12 hours.

Place of Incident – Tharaikhana village, Gate No- 16, 939/5 sno. Pillar, Dinhata Police station Coochbehar.

Case detail

Mr.Aminul Haque aged 28 years son of Late Amir Ali comes from a very poor family. He is from a Muslim minority family. He resides at Tharaikhana villageunder Dinhata PS.He has five family members who are economically dependent on him.The area is very poorly developed with little livelihood opportunity;the main livelihood of the victim is as a daily wage earner or by working for money lenders. He also earns money by smuggling cattle across the border.

On 28.10.2014 at around night 12 hoursvictim Mr.Aminul Haque was crossing cattle across the border. When he was at gate No 16, 939/5S Pillar of Tharaikhana village suddenly BSF personal of Kurshahat Border outpost, E company and 124 number Battalion shot him with bullet/ palate. The bullet hit him in his left hand. He immediately fell down and lost his senses. His companions named Mr. Aminul Haque, Mr. Adam Hossain, Mr. Mukul Haque, Rasidul Haque and Mr. Minarul Haque carried him to Dinhata sub divisional hospital. They immediately referred him to Coochbehar District Hospital, after one day he was referred to Siliguri Medical College and Hospital. He was then admitted to Anandaloke Hospital and Neuroscience Centre, Siliguri. After 20 days of treatment he was released. By this time he had already spent a lot for treatment. Now he is left with no money.

Initially he was afraid to go to police or lodge any complaint as he thought that he has committed a crime. But later when our representative explained him then he lodged a complaint to The Superintendent of Police, Coochbehar on 13.10.2014. Presently he is in a very poor economic condition. He is the only earning member of his family and he is left with no money.

Reply against report of BSF in connection with NHRC Case No.153/25/6/2015
1 message
Kirity Roy<> / Tue, Oct 6, 2015 at 11:37 PM
To:
Cc:

To

The Acting Chairman

National Human Rights Commission

Manav Adhikar Bhawan

Block-C, GPO Complex, INA

New Delhi-110023 6 October 2015

Ref.:- NHRC Case No.153/25/6/2015

The Commission’s Letter dated 4.9.2015

My complaint dated 13.1.2015

Reply/comments on BSF report

Respected Sir,

I have received the Commission’s letter dated 4.9.2015 in connection with the above referred case and the copy of the BSF report attached with the letter.

I have perused the BSF report and found that the report denies the alleged incident of firing upon the victim by the perpetrator Border Security Force personnel. It is also reported in the complaint that the BSF jawans are following non-lethal policy and they are only using Pump Action Gun (PAG).

In this regard I want to state that the victim himself lodged one written complaint on 13.10.2014 before the Superintendent of Police, Cooch Behar specifically mentioning that he sustained gun- shot injury due to firing by the involved Border Security Force. The medical treatment record of the victim also affirms that he sustained gun-shot injury. It is apparent from the BSF report that no enquiry has been from BSF side on the medical treatment record of the victim and the victim was also not examined. Therefore mere denial of the allegation made in my complaint, no neutral enquiry was made from the BSF side.

I demand a neutral enquiry in the matter of the victim preferably by the Commission’s own investigating wing because the BSF report specifically denied the allegation made in my complaint even in the existence of the victim’s complaint before the Superintendent of Police, Cooch Behar and his medical treatment records showing that he sustained gun-shot injury.

I sincerely appreciate that the Commission’s further direction made in this case calling for reports from BSF Authority and the Superintendent of Police, Cooch Behar. I hope that the Commission would give me an opportunity to place my comments on the reports expected to be placed in this case.

Thanking you,

Yours truly

Kirity Roy

Secretary, MASUM