Extra judicial killings of two Bangladeshi nationals by the Border Security Force (BSF) with IMPUNITY

Kirity Roy<> / Tue, Apr 14, 2015 at 11:27 AM
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 <>, Pro Bsf <>, IG South Bengal BSF <>, , , , Home Ministry <>, "Bangladesh High Commission, New Delhi" <>, "Dr. Mijanur Chairman NHRC Bangladesh" <>, OHCHR <>

To

The Chairman

National Human Rights Commission

Manav Adhikar Bhawan, Block-C, GPO Complex, INA, New Delhi – 110023 14.04.2015

  • Superintendent of Police – MASUM/SP/N-24PGS/390/4054/15

Respected Sir

Here I am referring one incident of extra judicial killings or murder of supposedlytwo Bangladeshi nationalsby the Border Security Force (BSF) personnel without any appropriate reasons and violating the rules and legal directives laid not only by the Constitution of India but at different times upheld by the apex court of this country.

I want to refer here that the Article 21 of Indian Constitution which has been guaranteed life to all persons inside the Indian Territory, including the foreign nationals and want to refer the landmark judgment of Honourable Supreme Court regarding the case of Chairman Railway Board v. Chandrima Das (AIR 2000 SC 988) where the apex court held that, according the tenor of the language used in Article 21, the right to live with dignity, will be available not only to every citizen of this country, but also to a “ person” who may not be a citizen of the country.

Government of India has also ratified the ICCPR, so it has obligation to Article 2 Sub Section3 (a)(b) to ensure that every person shall have an effective remedy where violation has been committed by persons acting in an official capacity; and; such a remedy be determined by competent authorities as provided in the legal system. By our attached documents it will be proved that Indian state has chosen to continue the system of impunity

The subsequent action was in total contravention of National Human Rights Commission’s ‘Revised Guidelines/ Procedures to be followed in courses of deaths caused in police action’. Further, the incident proves that the Border Security Force personnel violating their own mandate regarding using of lethal weapons at Indo Bangladesh bordering area.

I am attaching a detail of the incident and demand for:-

  • To take immediate and urgent cognizance on the continuing killings by the BSF personnel and violation of the set procedures
  • To initiate an impartial investigation by your investigating agency.
  • Appropriate financial compensation for the family of the deceased

Sincerely Yours

(Kirity Roy)

Secretary- MASUM

National Convener- PACT

Name and details of the deceased:(1) Amirul Mondal; son of Mr. Miyaraj Mondal, aged about 35 years; Muslim, (2) Khaijul Tarafdar, son of Sahadat Tarafdar, aged about 40 years; Muslim, both were resident of village- Lebutala, Post Office- Jululi, Police Station- Maheshpur, District- Jhinaidaha, Bangladesh.

Name of and detail of the perpetrators:Mr. Mohanlal; Head Constable and other BSF jawans of 01 Battalion of Border Security Force and posted at Kashipur BOP of BSF under Bagdah Police Station of 24 Parganas (north) district.

Date and time of the incident: on 11.02.2015at about04:00a.m.

Place of incident: Adjacent to bordering fence of Kashipur Border Out Post under the Bagdah Police Station, District- 24 Parganas (North).

Case Detail

The deceased belonged to Muslim community and they were supposedly citizens of Bangladesh and engaged with cross border smuggling as mere couriers. On the fateful day i.e. 11/02/15 and mentioned time both the deceased along with their other associates gathered besides the fence and tried to smuggle cattle through the Kashipur Border out post. It was alleged that they were tried to cut the barbed fence at the said place. It was alleged that Mr. Mohanlal, Head Constable of Border Security Force located the fellow and warned them but they did not budged and suddenly attacked the BSF personnel. Mr. Mohanlal shouted for help and some BSF personnel came from the Kashipur Border out post and while the assembled smugglers tried to flee; they were shot by the BSF personnel from close proximity without pronouncement of warning.It was reported that total four persons were shot and killed by the BSF personnel, while two were managed to cross the border and their bodies were recoveredat the Bangladeshi side but two were died this side of the border. The two deceased, who supposedly died at the Indian side,were shot in the abdomen and their skullswere broke; they were supposedly died at the spot, though the perpetrator BSF fired another round.

Thereafter the police personnel of Bagdha Police Station came to the place of incident and the dead bodies were brought to the Bongaon Sub-divisional Hospital by them and the dead bodies were sent for post mortem examination on 12.02.2015 to the Police Morgue at Bongaon Sub Divisional Hospital, and under the observation of Dr. Sudhansu Burman, it was done. After conducting post mortem examination, the bodies were handed over to the Border Guard of Bangladesh by the Border Security Force through a flag meeting.

The police initiated an unnatural death case vide Bongaon P.S. U.D. Case no. 06/ 15 dated 11.02. 2015 and Bongaon P.S. U.D. Case no. 07/15 dated 11.02.2015. It was further reported by the villagers that at the time of the incident no one was there as witness.

On 11/02/15, the above incident was broadcasted in a local news channel and on the next day, i.e.12/02/15, this incident has been published in some local news papers.