9 April 2014
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi – 110023
I am sending a complaint herewith, in which the victim was grievously injured by the indiscriminate firing of the BSF personnel. The victim having small time engagement in cattle smuggling and while on his way to cross the borer, the BSF personnel fired upon him without any caution, the person sustained with multiple pellets all over his face and eye balls. It was evidently clear that the victim was no way in a position to attack the BSF personnel. Further, the BSF personnel left the injured victim to die at the spot while leaving with the captured/ ‘seized’ buffalos. The BSF even refused to accept the incident as a happening and not filed any complaint against the victim in police, which is normal on their part.
In this incident the BSF personnel flouted the domestic laws and guidelines on firing and injuring a person and international principles on the use of firearms by law enforcing agencies. I am attaching a case detail herewith which is self explanatory.
In this connection, I demand for:-
· Immediate action against the errant BSF personnel
· Specific criminal charge for attempting murder must be initiated
· An urgent and impartial investigation over the incident
· The police personnel who refused to accept the complaint of the wife of the victim; must be booked under appropriate legal provisions
· The medical expenses for the treatment of the victim must be borne by the involve BSF camp
· The victim must be financially compensated
· The witnesses and relatives of the victim must be provided with adequate safety
· Enquiry should be done why BSF fired to the people without apprehending them, three kilometres inside the Territory from international border
National Convener- PACTI
Name and other details of the Victim: Mr. Fikarul Halsana; son of Mr. Motab Ali Halsana; aged about 28 Years, resident of village- Hatkhola, Post Office- Mahakhola, Police Station- Chapra, District- Nadia, West Bengal
Name and other details of the Perpetrators: 14/15 unknown Border Security Force personnel of Mahakhota BSF- BOP Camp under 119 Battalion of ‘B’ Company of Border Security Force
Date and time of the occurrence: 11.03.2014 in between 6.30 and 7.00 pm and onwards
Place of occurrence: Near Banyan tree (Bot tola) in between villages Hatkhola and Sikra, the place is nearly 3 kilometres away from International Border fence
Mr. Fikarul Halsana was living at the abovementioned area of Indo- Bangladesh bordering area with his wife and a minor son. His father possesses only one and half bigha (.5 Acre) of land. His father gifted him a portion of land to him to construct his dwelling. Fikarul has no land to sustain and devoid with relevant governmental schemes and thus working at others land; to fend his family he had small time engagement with cross border smuggling.
On 11.3.2014 he alongwith other rattlers (name withheld for their safety) took a consignment of 18 buffalos to cross from India side to Bangladesh from a local king-pin; rate of wages was fixed @ Rs. 500 per cattle. They started with the bullocks from Chapra and reached at the abovementioned place of occurrence; at the time the said BSF personnel were present at the spot as they had the information from their informers. The said BSF personnel were hiding at the nearby bushes and while the rattlers reached at the spot, the ambush party of BSF started indiscriminate firings at about 6.30 to 7 pm. It has been reported that they fired 4-5 rounds from their firearms, by this attack; the rattlers were disintegrated and ran helter shelter. Mr. Fikarul Halsan received pellets (ball shaped) and fell into the ground. Another rattler Mr. Rejjak Mondal; son of Late Falehar Mondal also received pallets and being under treatment of a local quack. The BSF personnel thereafter took the bullocks and started for their camp leaving the wounded to die. Later, the rattlers came at the spot and informed Fikarul’s family about the incident. Fikarul was rushed to Chapra Primary Health Centre at around 7.30 pm and while he reached at the Centre, the doctor opined that 18 pellets were stuck at his face and two of these 18 pellets were stuck in his eye ball. After primary medical treatment; his relatives brought him to the New Town Nursing Home and Diagnostic Company Private Limited, Rajarhat Road, Taltala, Baguihati, Kolkata – 59; as at Chapra PHC there was no arrangement for his treatment. On next day at 4.46 am, he was admitted under Dr. Dipankar Chakroborty (bed number 2-3). His family deposited Rs. 10000 for his treatment. Now, the doctors of the said nursing home opined for his transfer to Vellore for better treatment. As per the statement of the victim’s family, already they have to pay about Rupees 1,70,000/- to the hospital authorities.
On 16.3.2014, Ms. Sonia Halsana; wife of the victim, went to Chapra police station to lodge a written complaint against the involved BSF personnel but the then duty officer of the police station refused to accept her complaint against the BSF personnel. On 18.3.2014, the wife of the victim has sent a written complaint to the Superintendent of Police; Nadia.
On 22.3.2014, the victim was brought to Vellore but failed to get admitted at the well known hospital, instead of that he was admitted to one Agarwal Nursing Home and the doctors of the nursing home opined that his treatment at Kolkata’s nursing home was faulty and his condition was not well at present.
Our team while contacted Mr. Raktim Chatterjee; the Officer in Charge of Chapra Police Station over his mobile phone no. 9734596134 on 28th March 2014 and asked about the incident, he kept mum and not uttered a single word, after that we contacted the said police station on their landline number on 29.3.2014 at 6.26 pm; the duty officer; one Mr. Manab Saha; Assistant Sub Inspector on duty informed that he has no such information. While on 19.3.2014 we contacted Hatkhola BSF Camp, but the sentry informed that the Camp In-charge was not present and refused to impart his phone number.
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Tele-Fax – +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : [email protected]