National Human Rights Commission s4

To

The Acting Chairman

National Human Rights Commission

Manav Adikar Bhawan, Block- C, GPO Complex INA, New Delhi – 110023 19 October 2015

Respected sir,

I want to attract your kind attention about an incident of Extra judicial killing by few Border Security Force personnel of Singimari Border Out Post vide D- Company and Battalion Number - 21 .The victim was shot by BSF personnel when he was tried to transport his cows to the neighboring country; Bangladesh. After the firing, the bullet ridden person was abandoned for next 7 hours to die. Only fault of the deceased, who was ignorant about the ‘norms and rule’ of cross border cattle smuggling; not paid the share of the booty to the posted guards.

The police personnel from Sitai Police Station took the body to their custody and sent it to Cooch Behar MJN Hospital for post mortem after seven long hours. The victim was the only earning member of the family. After his death they are facing severe financial crisis.

The present incident not only proves the sheer disobey of human rights legalities by the postedBSFpersonnel but against the set propriety of natural justice. The Director General of BSF declared that “No lethal weapon be used at Bangladesh border” three years back, still the unchecked killing by BSF is going on with impunity. The Constitutional commitment under the article 21 of Indian Constitution is regularly being perished by the Border Security Force personnel at the eastern border between India and Bangladesh. The law enforcing agency also violated the international obligations stated in article 6 and 7 of ICCPR and 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.

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

·  Investigation should be initiated urgently by the investigation wing of your Commission.

·  Take urgent legal action against perpetrator BSF jawans as per guideline laid down by your Commission.

·  Deceased family must be provided with suitable compensation from the perpetrators and witnesses should be duly protected.

·  The directions/ guidelines of NHRC on death during police action must be adhered in letter and spirit.

Sincerely Yours

Kirity Roy
Secretary,MASUM & National Convener, PACTI

Details of the victim - Mr. Joynal Mian son of Mr. Abdullah Mian; around 30 years old, a resident of Village – Baromaricha, Post Office – Baromaricha, Police station – Sitalkuchi, District- Cooch Behar

Name of perpetrators: Border Security Force constables from Singimari Border Out Post of D- Company and Battalion Number - 21 under Sitai police station of Cooch Behar district

Place of occurrence: 150 meters away from fence and near to 924 Pillar under Singimari Border Out Post, Sitai police station of Cooch Behar district

Date and time of incident: On 15.08.2015 at around 4- 4.30 am.

Name of the Witnesses:- Mr. Khari Ali son of Mr. Jamiruddin resident of village Singimari under Sitai police station

Case Details

Mr. Joynal Mian was a resident of Village- Baromaricha, Post Office – Baromaricha, Police Station – Sitalkuchi, District- Cooch Behar. His family consists with his Father Mr. Abdullah Mian (60 Years), Mother- Mrs. Mahila Bibi (48 years), Wife – Mrs. Mamata Bibi (25 years). Deceased and his wife stayed separately after their marriage due to his financial constraints. He did not own any cultivable land. So he used to migrate to Delhi and other states as wage labourer. Simultaneously he also worked as a land labor when he stayed at his native.

In the month of May of this year, deceased returned back from Delhi and few days later went to his in- law’s house and stayed over there with his wife. On 13.08.2015 victim was invited at his sister in law’s house in village- Singimari, Post Office – Jorkhana, Police Station – Shitai under Cooch Behar district. On that day victim’s brother in law (husband of his sister in law) enticed him to buy a cow and smuggle it to Bangladesh. The brother in law of the deceased told him, if he can cross a cow at other side of the border he could fetch a good amount of money. The poor fellow without considering the risks decided for the same and on 16.08.2015, at around 4-4.30 am, he went at the said bordering area with his cow to cross the border. At that time some Border Security Force constables from Singimari Border Out Post of D- Company under Battalion Number - 21 found the deceased (who was not known to them as regular cross border smuggler) and shot him from 150 meters away from the fence. Deceased after receiving the bullet on his stomach, fell down on the ground.

Later, on the same day at around 11.00 am police personnel from Sitai Police Station came at the place of occurrence and sent the body to Sitai Police Station instead of a medical care unit, as they unethically presumed that the person was dead. On 16.08.2015 one Unnatural Death case was registered at Sitai Police Station vide UD Case No12/2015. On the same day the body was sent to Cooch Behar MJN Hospital for post- mortem examination. The next day on 17.08.2015 at around 4 pm the body was handed over to the family members of the deceased. As per the information from the family members, the body was rotten and swollen when it was handed over to them.

As present the family members of the deceased is in distress as the deceased was the only earning member of the family.