Muslims and Dalits were killed by BSF at Sitai, Coochbehar. Need your urgent solidarity.
Kirity Roy
13 November 2021
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 another incident of extra-judicial execution of a poor young man belonging from Scheduled caste community of Chamta village under Sitai police station area of Coochbehar district in West Bengal. The victim, Prakash Barman, aged about 35 years was shot on his head from point blank range by BSF personnel attached with West Chamta Border Out Post, Gandarmarka, 75 Battalion, Border Security Force.
On the very moment when M. Ajay Kumar Bhalla IAS was visiting West Bengal and pursuing for more power to BSF, those killings happened which shocked the state.
Prakash Barman is the sole earning member of his family consisting of four members. On 12.11.2021 at about 2 am some BSF personnel attached with West Chamta Border Out Post, 75 Battalion caught Mr. Barman and fired bullet from point blank range which directly hit his head. After receiving bullet, the body of Mr. Barman was lying there for more than about 9 hours.
Fact finding of MASUM reveals some valuable points on this killing. Those are:-
· There was no discussion, no warning, no incident of attack, no tension prevail / happened at the time of firing by BSF.
· There is no reason for firing by the BSF at that time?
· BSF fired total 7 round bullets.
· Primarily BSF fired 6 rounds bullets which hit 3 Bangladeshi men’s body and later fired one bullet from the point blank range to Mr. Barman.
· Why was Mr. Barman’s body not taken to the hospital after shooting rather he was left at the place of occurrence for more than about 9 hours?
· Firing of BSF and subsequent death of Mr. Barman is a result of trigger happy BSF.
· BSF version is that the victim was associated with cross border smuggling. If the man is actually a smuggler then in which Indian law it is stated that a smuggler can be shot dead by BSF?
· If Mr. Barman was attached with smuggling activities, the on duty BSF easily can apprehend him and brought before court of law. Which they didn’t.
· BSF fired at Mr. Barman from point blank range and the place of firing is one kilometer inside territory from the international border.
· Police officials of Sitai Police Station sent the body of the victim to the police station without taking him to the hospital at first or call a doctor at the place of occurrence.
· As per complaint of BSF, they fired for “Self Defense. What type of injury received by the guards which compel them to fire?
The incident violates the rights guaranteed in Article 21 of Indian Constitution and also the premise of Article 6 and 7 of International Covenant on Civil and Political Rights as well as the Goal No. 8, 9 and 16 of Sustainable Development Goal earmarked by United Nations and in both these international instruments; the government of India is a party and have agreement. The perpetrators also violated the 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 and basic tenets of Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders.
Under the 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 whole incident must be investigated by a neutral agency appointed by the Commission
· The guilty Border Security Force personnel involved must be booked and prosecuted in open court of law
· Kingpins of international cattle smuggling business must be booked.
· 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 victims – (1) Mr. Prakash Barman, son of Mr. Anil Barman, aged about 35 years, religion – Hindu, Community – Scheduled Caste, residing at – Chamta village under Sitai Block & Sitai Police Station in the district of Cooch Behar; (2) Mr. Idris Mian, son of Mr. Muslem Mian; (3) Bhasani Mian and (4) Mr. Rahim Mian, 2,3 and 4 all are residing at Balar Hat in the district of Llmanir Hat, Bangladesh
Details of the Secondary victims – .(1) Mrs. Mamata Barman, aged about 30 years, wife of Mr. Prakash Barman; (2) Master MithunChandra Barman, aged about 11 years, son of Mr. Barman; (3) Maser Milati Barman, aged about 7 years, daughter of Mr. Prakash Barman; all are residing at Chamta village under Sitai Block & Sitai Police Station in the district of Cooch Behar
Details of the perpetrators – BSF personnel attached with West Chamta Border Out Post, Gandarmarka 75 Battalion.
Date and time of the incident – 12.11.2021 at around 2 am and subsequent thereafter.
Place of incident – In an agricultural field which is situated inside the village of Chamta and more than1 kilometer distance from the fencing.
Details of the incident – Our fact finding reveals that Mr. Prakash Barman is belonging from very poor family and he is the sole earning members of his family consisting of four members. Mr. Barman was working as daily wage labour. He was belonging from Scheduled Caste community but the local administration did not provide him the facilities of BPL category. Even he did not receive any food items from the ration. He was also associated with illegal cross border smuggling activities in order to get some extra income.
On 12.11.2021 at midnight Mr. Barman went out for smuggling purposes. When he smuggle the cattle to the Bangladesh side through fencing, Border Security Force personnel attached with West Chamta Border Out Post, 75 Battalion fired randomly six rounds bullets which hit the bodies of three Bangladeshi people namely Mr. Idris Mian, son of Mr. Muslem Mian; Mr. Bhasani Mian and Mr. Rahim Mian all are residing at Balar Hat village in the district of Lalmanir Hat, Bangladesh. From the local sources we are informed that all 3 Bangladeshi people were dead. Fearing of his life, Mr. Prakash Barman fled from the spot but the BSF people chased him and ultimately apprehend Mr. Barman in an agricultural field which is situated inside the village of Chamta and more than1 kilometer distance from the border fencing. The victim was brutally tortured. He was beaten by the BSF with the rifle butt, boot clad feet and sticks. The victim was made to lie on the ground and BSF people stand with their boot clad feet on his chest. From the close range of Mr. Prakash Barman, they directly shot the bullet at his head. After firing, those BSF people fled from the spot and the body of the Mr. Barman was lying there for more than about 9 hours. From 2 am to 11 am the body of the victim left at that spot. BSF made no attempt to take the victim to the hospital.
At about 11 am police personnel of Sitai Police Station came to the spot and took the body of Mr, Barman to the Sitai Police Station. It is a strange act of the police that they did not take the body of the victim to the hospital or call any doctor at the spot. In the Sitai police station one doctor of Sital Block Hospital came and declared the body of the victim as dead. After that Block Development Officer, Sitai came to the Sitai Police Station and inquest the dead body of Mr. Prakash Barman. During the time of inquest, family members of the victim namely Mr. Tapas barman, Mr. Swapan Barman and Sukumar Barman presented there.
One unnatural death case has been registered by the Sitai Police Station vide Sitai Police Station UD case number 30/2021 dated 12.11.2021
After that at about 4 pm the dead body of Mr. Barman was taken to the Mathabhnaga Sub Divisional Hospital for post mortem. After post mortem procedure, the dead body of Mr. Barman was handed over to the Victim’s family members at about 8 pm on the said day.
Killing to an accused is a criminal philosophy. The rule of law has rightly been accorded space in the Basic structure doctrine by the Constitution of India. Rule of law is the fundamental principle of governance of any civilized liberal democracy. The fundamental premise of rule of law is that every human being, including smugglers and the worst criminals, are entitled to basic human rights and due process. The bulwarks of democracy, Police, BSF and other administrative officials do not have any interest to understand this and therefore, when any state authority reported that the victim was a smuggler, they think that ‘bullet is the right way for the smugglers’. Even a smuggler has a right to life and personal liberty enshrined in our Constitution. But the perpetrators are powerful enough and they did not show minimum respect to the Constitution of our country.
Therefore, I request to your Commission to look upon the whole incidents kindly take stern legal action on the human rights issue of a citizen in this country and even non citizens. Article 21 of Indian Constitution applies for both to citizens as well as non citizens.
To see our fact finding documentation, please watch - https://youtu.be/gM5XD3pY7_8
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
Tele-Fax - +91-33-26220843
Phone- +91-33-26220845
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