BSF Constable Nitin Kumar Panday killed by smugglers - Need a thorough,fare and impartial investigation
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Kirity Roy<> / Wed, Aug 26, 2015 at 2:15 PM
To:
Cc: Home Ministry <>, "" <>, Chief Minister West Bengal <>, Chief Secretary Gov of WB <>, "DG & IGP, West Bengal Police." <>, "" <>, "" <>, Sdo Basirhat <>, Secretary Home Dept Gov of WB <>, Secretary to Governor <>, Pro Bsf <>, DG BSF <>, , OHCHR <>

To

The Acting Chairman

National Human Rights Commission

Manav Adhikar Bhawan, Block-C, GPO Complex, INA, New Delhi – 110023 26 August 2015

·  Superintendent of Police, North 24 Parganas District – Ref No. MASUM/SP/24PGS(N)/398/4125/15

Respected Sir

I want to draw your attention over an incident of killing of a Border Security Force personal by the cross border smugglers. The incident was only in corroboration of fact that the said border is a heaven for smugglers and the smuggling activities are unrestricted by the bordering guards; in majority, the activities are being facilitated by the connivance between BSF personnel, kingpins of smuggling, local police and other line departments.

The Indo-Bangladesh bordering area at Khalshi under Swarupnagar Police Station of 24 Parganas (North) district is ill famous for cross-border cattle smuggling. Cattle smuggling is rampant at the said border. The posted BSF personnel having connivance with local kingpins of smuggling and by accepting bribe they facilitates cross border cattle smuggling. The posted BSF has their ‘rate’ against their ‘service’. Normally they charged Rs. 4000/- or Rs. 5000/- for every pair of cattle for smuggle them to Bangladesh. This practice was going on for quite a long and there was no such incident of clash between BSF and cattle smuggler has been reported. The innocent civilian throughout the border area also accepted it as normal. Even, they protested against the losses of crop at their farmland due to movements of cattle and smugglers, no positive steps have been taken by the administration. As the issue gets broadly published in media and political dispensation has changed at center; it somehow decreased the volume and frequency. Therefore, the smugglers are becoming violent and aggressive, there have been sporadic attacks on border guards, while the smugglers being challenged by the BSF personnel. In the last five months, along the Khalshi border area of the Indo-Bangladesh frontier, 2 BSF personnel have been killed. A suspected smuggler has also been killed in this time frame.

It was revealed during our fact finding that on 28.04.2015, In the dead of night, a gang of smugglers gathered near the Khalshi B.O.P, Post Office- Amudia, Police Station- Swarupnagar, District- 24Parganas(North) in order to smuggle cattle to Bangladesh. Nitin Kumar Panday; aged about 24 years (the deceased BSF constable posted) at the said outpost on 28.04.2015. The wee hour of morning was suitable for the purpose and the gang was opted for that time only. While they were on their way to the border for accomplishment of their purpose, in between 3.30 am to 4.00 am the aforementioned BSF personal tried to intercept them and a commotion broke out. At the time of skirmish, he was attacked by the smugglers with sharp-edged weapons and in retaliation Nitin Kumar Panday, the deceased fired one round, as a result of which, one Bangladeshi cattle smuggler sustained bullet injury but he fled across the border. The said BSF personal died at the spot, as reported. It was also reported that the body was laying there for few hours. Later, the body was sent to R.G. Kar Medical Collage for postmortem. Later, the body of the deceased was handed over to his family members who are residing in the state of Bihar.

One complaint was lodged by the Border Security Force. Mr. Sunil Bhoumik, Company Commander of Khalshi Border Outpost lodged the complaint at Swarupnagar Police Station and Swarupnagar Police Station case no. 352/15 dated 28.04.2015 under sections 147/ 148/ 149/ 186/ 188/ 358/ 307/ 302/ 413/ 414 of Indian Penal Code and under section 25/1A Arms Act and 93 Explosive Act has been initiated.

According to the compliant of the BSF, this is the list of the alleged smugglers who were involved in attacking the deceased BSF constable namely:

1.  Mr. Shishir Sarkar, address- Village-Dobila, P.S- Swarupnagar,

2.  Mr. Mojam Gayan, address- Village-Dobila, P.S- Swarupnagar,

3.  Mr. Sukor Ali, address- Village-Dobila, P.S- Swarupnagar,

4.  Mr. Purna Biswas, address- Village-Tentulia, P.S- Swarupnagar,

5.  Mr. Dilip Biswas, address- Village-Tentulia, P.S- Swarupnagar,

6.  Mr. Mithu Biswas, address- Village-Mallikpur, P.S- Swarupnagar,

7.  Mr. Rafikul Gazi, address- Village-Khalshi, P.S- Swarupnagar,

8.  Mr. Habibulla, Bangladeshi National

9.  Mr. Jiyamolla, Bangladeshi National

The police investigation is still pending in the said case and accused persons are still at large. However, the Swarupnagar Police Station did not incline to furnish any further information to us.

In these circumstances, I demand for an independent enquiry over the issue with extended terms of references such as BSF’s involvement in cross border smuggling, illicit nexus of BSF higher ups, local police administration, Customs officials and local political leaders with kingpins of smuggling, impact of unchecked violence at the bordering area and overall perishing human rights situation at Indo- Bangladesh bordering area.

Sincerely Yours

(Kirity Roy)

Secretary- MASUM

National Convener- PACTI