felani-khatunFelani Khatun hung for five hours and bled to death after being shot on the India-Bangladesh border. (@deep_anchor)


On the eve of 69th Indian Independence Day the Writ Petition being No. WP (Criminal) 145 of 2015 is being heard under Article 32 of the Constitution of India before the Supreme Court of India with respect to the killing of a Bangladeshi 15 year old girl named Felani Khatun who was shot by Border Security Force as she was attempting to cross over the Indo-Bangladesh Border  fence with his father and others bribing the linemen on 7 January 2015 morning and she died in short succession. The shot that was fired not only ended the life of an innocent and unarmed 15 year old girl but also put paid to the whole concept of due process incorporated into Article 21 of the Constitution of India. The body of the victim girl was left hanging on the border fence for a couple of hours after the shooting.


The incident was widely reported in both Indian and Bangladeshi media and resulted in a great deal of unrest and agitation in Bangladesh. Despite there being no ambiguity about the fact that the deceased died of a bullet injury, with the “accused” constable admitting to the firing, he was still acquitted by both the Security Force Court and the Review Court of BSF where all investigation,  prosecution and judgment had been done by the BSF. The family members of Felani were kept in the dark by the BSF with respect to the proceedings during the trial and the review and were not provided a copy of the proceedings, the record of evidence and the order.


The writ is being filed praying for constitution of a SIT/CBI team consisting of officers from outside the State of West Bengal to take over the investigation and to prosecute the offenders in accordance with the law and also prayer for awarding compensation was made.


The petitioners in the said writ petition are Mohammad Nur Islam, the father of Felani Khatun and Banglar Manabadhikar Suraksha Mancha (MASUM).


The writ is filed against the respondents namely i) Union of India; ii) State of West Bengal; iii) Border Security Force and iv) Central Bureau of Investigation.


On 14.8.2015, the writ petition came up for hearing before the Hon’ble Chief Justice of the Apex Court and the court was pleased to admit the writ petition and issued notice upon the respondents.


Mr. Colin Gonsalves Senior Advocate of Supreme Court and a group of lawyers stood before the Court today.


Thanks to all friends of Bangladesh and India including the bereaved family members who struggled for justice.


MASUM being one of the petitioners in the said writ petition will strive to fight for justice in the arbitrary killing of Felani with all its volition.

14 August 2015