Another killing of Indian Muslim youth by BSF after taking him in custody - Family under threat -- IMPUNITY
Kirity Roy
4 June 2024
To
The Chairperson
National Human Rights Commission
Manav Adhikar Bhawan
Block- C, GPO Complex, INA
New Delhi- 110023
Respected Sir,
Here I want to draw your attention towards an incident of extra-judicial execution of a poor young man belonging from minority Muslim community Purbo Ghaterbari village under Mathabhanga Police Station in West Bengal. The victim, Rakesh Hossain, aged about 25 years was severely beaten by sticks and rifle butts, allegedly posted Border Security Force personnel broke his both wrists, finally fired on his navel from close proximity by BSF personnel attached with Milrepara Border Out Post of ‘A’ Company under 169 Battalion of Border Security Force.
Rakesh Hossain was a migrant labour and was the sole earning member of his family consisting of four members including two little sons. On 22.05.2024 at about 11:45 PM, some BSF personnel apprehended the deceased, tortured him and then fired him to death.
This only validates the fact that another youth from marginalized section has been killed by the trigger happy BSF personnel without any justified reason and in contrary to their official stance of minimizing killing at India Bangladesh border.
The incident violates the rights guaranteed in Article 21 of Indian Constitution, and the premise of Article 2 and 6 of International Covenant on Civil and Political Rights, an international instrument; the government of India is a party and have agreement.
Under these circumstances we demand:
· The BSF must be posted in actual border area and not inside villages
· This incident of killing is showing systematic killing with impunity is going on regularly, which should be stopped.
· The connivance of other components of criminal justice system; the police, the lower courts and government hospitals with posted BSF is a definite obstacle to establish justice. The role of these components must be investigated in this incident.
· The whole incident must be investigated by a neutral agency appointed by the commission
· The guilty Border Security Force personnel must be booked and prosecuted
· The family of the victim must be compensated
· Security and safety of the witnesses and the family of victim must be protected.
Thanking You,
Yours sincerely
Kirity Roy
Secretary, MASUM
&
National Convener, PACTI
Details of the victim – Rakesh Hossain, son of Mr. Hafijul Miya, aged about 25 years, resident of village- Purbo Ghaterbari village under Mathabhanga Police Station in West Bengal.
Details of the Secondary victims – 1. Ms. Ramicha Bibi, aged 25, wife of the deceased 2. Rohit Hossain, aged 5 years, son of the deceased 3. Rohan Hossain, aged 2 years, son of the deceased.
Details of the perpetrators – Mr. Krishna Kumar and Mr. Joydip Goyel, both BSF personnel attached with Milrepara Border Out Post of ‘A’ Company under 169 Battalion of Border Security Force
Date and time of the incident – 22.05.2024 at around 11:45 PM and thereafter.
Place of incident – 202 Khasbosh Darikamari – adjacent to Milrepara BOP’s Pillar Number 857 (5) S, around 100 meter inside of India Bangladesh Border.
Details of the incident Our fact finding report says that Mr. Rakesh Hossain was a migrant labour, he and his father used to migrate to Bhutan seasonally for 6 to 9 months as wage labour to sustain his family. Rakesh did not possess any piece of agricultural land except the dwelling. On 17.05.2024, he returned back from Bhutan to his native. On 22.05.2024, he left home in the evening for Mathabhnaga town. The family got anxious when Rakesh failed to return to his home. Next day; 23.05.2024, at around 10 in the morning, the family received information that a dead body was found at 202 Khasbosh Darikamari, which is 3 kilometers from Jamaldaha. After receiving this information, family members started to inquire about it, and then they came to know that Rakesh Hossain was shot dead by the mentioned BSF personnel after severely torture upon him. The family found that his hands were broken from the wrists. It was learnt that on the fateful day, Rakesh was trying to smuggle out cattle to Bangladesh with some of his companions. BSF personnel apprehended him, committed severe physical torture and then fired on his navel to death. He was left at the spot for nearly 12 hours to die, no initiative has been taken to move him for medical attention. At around 12 noon on 23.05.2024, the police personnel from Mekhliganj Police Station came to the spot and brought the ‘body’ to Mekhliganj Hospital, where the attending doctor declared that Rakesh was dead. The Sub Divisional Officer of Mekhliganj Sub Division, an executive magistrate, made an inquest over the body at Mekhliganj Hospital. Then the body was sent to Mathabhanga Hospital for post mortem examination, after the PME, the body was handed over to the family at 5:00 PM, for burial. It was learnt that the PME was visually recorded.
Police having connivance with the posted BSF, desisting the family to lodge complaint against the involved BSF personnel by threat calls. Mekhliganj Police lodged one unnatural death case over the incident vide Mekhliganj PS UD Case No. 27/24 dated 23.05.2024 and on the other hand initiated a specific case after receiving a complaint from the BSF over the incident. The case was registered as Mekhliganj PS Case No. 193/2024 dated 23.05.2024 against 6 named Indian citizens under sections 147/148/149/447/186/188/341/332/353/307/506 of Indian Penal Code and section 3 of PDPP Act. In their stereotype complaint, the BSF again stated that their personnel were attacked by deadly weapons with intention to kill BSF personnel but nobody received physical injuries, except the ‘injury’ to their Insas rifle's butt and hand cover. This statement became cliched as an excuse for brutal killings, the BSF personnel are involved in India Bangladesh bordering areas of West Bengal.
Later, it was learnt that, while the companions of Rakesh, including his brother Mr. Rashel Hossain were returning from the spot, they were apprehended by the civic volunteers attached with Jamaldaha out post under Mekhliganj PS and they were brought to the Jamaldaha police outpost. A case has been initiated vide Mekhliganj PS Case No. 190/2024 dated 23.05.2024 under sections 379/411 of Indian Penal Code and section 11 (1) (d) of Prevention of Cruelty to Animals Act. They were subsequently produced before the ACJM court and sent to correctional home (Prison). Interestingly the time of receiving this information at the police station has been shown at 8:05 AM, nearly 8 hours after the incident of killing Rakesh. The story of this killing was also aired by the media.
The family members of Rakesh Hossain are under tremendous threat from police, who are restricting the family members to lodge complaint.
https://public.app/video/sp_ax6kp2usqsar1?utm_medium=android&utm_source=share
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
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