Another killings by BSF - procedural flaws of police and doctors. System of impunity unchallenged
Kirity Roy
24 December 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 firing and execution of two poor Muslim youth belonging from Other Backward Caste of Bhoram-Poyosthi village and Jaridharala village under Gitaldaha Gram Panchayet, Dinhata sub division and Dinhata police station area of Cooch Behar district in West Bengal. The deceased, Mr. Lutfar Rahman, aged about 32 years and Mr. Jaydul Haque (Khagen), aged about 40 years were shot directly without giving any warning, 4-8 kilometers inside the indian territory from Bangladesh border by the on duty Border Security Force personnel attached with Gitaldaha Border Outpost of the Border Security Force, 90 Battalion, F Company.
According to our fact finding report, it was revealed that Mr. Lutfar Rahman and Mr. Jaydul Haque (Khagen) were involved in illegal cross-border smuggling in order to get some extra income for their families.
In the village of Jaridharala-Daribas there are about 3000 people living and everyday they used to cross the Dharala river for going to the village of Gitaldaha. On the both sides of the Dharala river Border Security Force personnel posted themselves for guarding the people of the country. But despite guarding the border of our country, they posted themselves 4 to 8 kilometers inside from the International Border Pillar (IBP). Here the International Border is placed 4 kilometers distance from the southern side of the Dharala river and 8 kilometers distance from the western side of the river.
Mr. Lutfar Rahman is also an erosion affected victim. He is the sole earning member of a six family members. He has to change his residence three times during his lifetime for the erosion in the Dharala river. As these family members are land losers and they have no other option for earning, this man got involved into smuggling activities. It is to be mentioned here that the wife of Mr. Lutfar is presently imprisoned in the Cooch Behar jail for NDPS case registered one and half years ago. On the other hand Mr. Jaydul Haque is also a land loser whose agricultural land has sunk due to river erosion.
On 23.12.2021 at about 1.30 am in the night when Mr. Lutfar and Jaydul along with others went to smuggle the cattle through the river of Dharala, the Border Security Force personnel attached with Gitaldaha Border Out Post, ‘F’ Company, 90 Battalion fired six rounds bullets without giving any warning to them. One of the bullets directly hit the body of Mr. Lutfar and he fell to the ground. On that night BSF personnel took the injured body of Mr. Lutfar to the Cooch Behar MJN Hospital where the on duty doctor declared him as dead. Here first question lies why BSF took the injured victim to the Cooch Behar MJN Hospital instead of Dinhata Sub Divisional Hospital which is close to the place of occurrence? May be due to long distance and long time for taking the victim to the Cooch Behar MJN Hospital, the injured victim lost his life.
In the morning, BSF personnel of Gitaldaha Border Out Post restricted the entry of the people in the Kasem Ghat (ferry ghat of that area). Through this ferry ghat the people of the village crossed the river for going to the Gitaldaha. When BSF personnel closed this ferry ghat and restricted the people’s entry in that place, there arise doubts in the minds of the people. People of that village discovered that one of the villagers namely Mr. Jaydul Haque (Khagen) has been missing since last night. When one villager walked along the river bank, he suddenly noticed a pair of shoe was floating in the river. He informed one panchayat members of Gitaldaha II gram panchayat and Dinhata Police Station. Dinhata Police Station came there and recovered the body of Mr. Jaydul Haque (Khagen) at about 4 pm dated 23.12.2021. In the body of Mr. Jaydul there were various injury marks and one bullet injury in the right thigh of the victim. More so, the position of hand of the victim when his body was recovered from the water is very important. From the position of the hand it is clearly understand that he was tied by his hand. We assume that BSF apprehend the victim tied and tortured him and ultimately shot him to death. Police took the body of Mr. Jaydul to the Dinhata Sub Divisional Hospital where he was declared as brought dead.
From the various press report we received information that Border Security Force supports the incident of this firing and killing. They told that when the gang of smugglers attacked upon the on duty BSF personnel and tried to snatch their rifle, the BSF personnel fired for their self security reason. The self defense theory which they put here to cover the original fact of the case is nothing but a fabricated story which they usually tell after committing any firing incident. We received one photograph where we witness one BSF constable’s 4 inches tearing portion dress and a small scratch in his body. That scratch can be made for excessive itching of one’s body. It is not a reason for self defense theory of shooting.
We received information that Kotowali Police registered one unnatural death case vide UD case number 492/2021 dated 23.12.2021 in connection with the death of Mr. Lutfar Rahman. The Post mortem examination of the body of Mr. Lutfar was done at Cooch Behar MJN Hospital on the said day at about 2.40 pm vide Post Mortem Examination number 1172/2021
Fact finding of MASUM reveals some valuable points on this killing. Those are:-
· Why the fellow guards of nearby posts of BSF did not rushed to the spot when the perpetrator guard fired for “self-defense”?
· Why the dress (ripped) was not examined by forensic?
· Firing was done 4-8 kilometers well inside the Indian territory, so why the criminals were not apprehended?
· Total ammunitions were used in the incident?
· Why was Mr. Lutfar Rahman’s body not taken to the Dinhata Sub Divisional Hospital which is the short distance from the place of occurrence rather they took the injured body to the Cooch Behar MJN Hospital?
· Firing of BSF and subsequent death of Mr. Lutfar and Jaydul is a result of impunity in the system?
· Why BSF post created to restrict the movement of Indian citizen at Kashem Ghat ferry, which is well inside Indian territory
· Story of self-defense resulted with firing is untrue
· What type of arms and ammunition recovered / seized from the “attackers”?
· If Mr. Lutfar and Mr. Jaydul were attached with smuggling activities, the on duty BSF easily can apprehend him and brought before the court of law. Which they didn’t.
· BSF fired at Mr. Lutfar and Mr. Jaydul and the place of firing is 4 to 8 kilometer inside Indian territory from the international border.
· As per complaint of BSF, they fired for “Self Defense. What type of injury received by the guards which compel them to fire? Just a small scratch is not the same proportion to fire and kill any person.
· Death of Mr. Jaydul alias Khagen is under suspicion. Apparently, it is a case of planning of disappearance of body. It is also case of murder in custody, as apprehended.
· Dead body of Mr. Jaydul alias Khagen was not recovered from water by BSF. It was done by the co villagers.
· Many vehicles used by BSF in connection with such incident, movement of such vehicle WB-74-M 1809 and others, to be scanned.
· The medical officer while performing autopsy, did not pay any heed to Minnesota Protocol 2016
· The inquest done in 174 Cr.P.C. hastily, not in due process. In this case there are symptoms of death in custody. Hence Sec 176 (1) (C) should be done; but not cared of.
The barbaric trigger happy characteristics of the national guards are once again comes into the limelight during this incident. The Border Security Force authority cannot be given the right to behave as the executioner. Most important part is that the victim who tried to smuggle in the Border are unarmed and Border Security Force with the help of firearms fired at him and killed. It is completely an imbalance situation where BSF killed unarmed civilians even when they were not so much dangerous before the country. Before firing, BSF did not communicate any warning to them. Now question arises - Why the victims were shot dead and not injured by being shot below the belt?
Firing of BSF and subsequent death of Mr. Lutfar Rahman is a result of trigger happy BSF. If the victims were attached with smuggling activities, the on duty BSF personnel easily can apprehend them and produce before the Court of law which they didn’t.
The incident violates the rights guaranteed in Article 21 of Indian Constitution and the premise of Article 6 of International Covenant on Civil and Political Rights as well as the Goal No. 8 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 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.
I am affixing few links of media for your perusal.
Under the circumstances we demand:
· The whole incident must be inquired by investigation wing of the Commission.
· As the encounter takes place and firearm is used by the BSF and as a result of that two deaths occur, an FIR to that effect shall be registered and the same shall be forwarded to the Court under section 157 of the Code of Criminal Procedure without any delay.
- The Cooch Behar administration must follow the guidelines laid down by NHRC in the case of "Encounter Death"
- Specific case Under section 302 IPC to be started against perpetrator BSF & Coy Commdr of F Company, 90 BN
· An independent investigation into the incident must be investigated by the CID.
· The guilty BSF personnel involved must be booked and prosecuted in open court.
· The family of the victim must be compensated.
· Security and safety of the witnesses and the family of victim must be protected.
· The BSF must be posted in actual borders and not inside villages.
Thanking you,
Yours truly
Kirity Roy
Secretary, MASUM
&
National Convener, PACTI
https://publicapp.co.in/video/sp_0dgiohw4x180h?share=true
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Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
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