Skip to main content

Youth shot near border: does BSF have judicial power to kill a victim? Plea to NHRC

Counterview Desk 

Alleging that a youth was shot dead from close range by "trigger happy" Border Security Force (BSF) jawans, which suggests "impunity in the system", Kirity Roy, secretary, Banglar Manabadhikar Suraksha Mancha (MASUM), and national convenor, Programme Against Custodial Torture & Impunity (PACTI), in a complaint to the National Human Rights Commission (NHRC) chairman, has wondered by the BSF often chooses to torture or kill the victim in cold blood.
"The question arises, whether the BSF have judicial powers by which they can decide upon the fate of a guilty person? Do they have the right to take away the life of a guilty person as a means of punishment?", he asks.


Here I want to draw your attention towards another incident of extra-judicial execution of a poor Muslim youth belonging from Other Backward Caste of Kharija Haridas village under Dinhata police station area of Coochbehar district in West Bengal. The victim, Mofajjel Hossain, aged about 38 years was shot on his head by the Border Security Force personnel attached with Gitaldaha Border Outpost of the Border Security Force, 90 Battalion, G Company.
Mofajjel Hossain, a small-scale peasant by profession is the only wage earner in a family of four. Mofajjel was also involved in illegal cross-border cattle rattling when he had no job to do as his earnings were low. On 29.06.2022, at around 11 pm, he was involved in cattle rattling into Bangladesh through the Gitaldaha Chara border when the perpetrator BSF personnel apprehended the victim and shot on his forehead from point blank range. The BSF posted at Gitaldaha Chara border can easily apprehend Mr. Mofajjel Hossain.
1) In the SOP issued by the Health Directorate on Post Mortem Examination, order no. HPT/2BP-1-95/2(150) dated 01/08/1995, where it is clearly mentioned that all autopsy should be done between 12 noon to 4 pm. But in this particular case, the autopsy was done after a stipulated period. Why so urgency?
2) In section 174 and 176 (4) of Criminal Procedure Code of India clearly stated “inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry”. Why were no steps taken to inform family members at the time of said inquiry by the authorities?
3) On the fateful date and time about 200-250 cattle were smuggled from that place of occurrence in two groups. On duty BSF personnel allowed them to smuggle. But in 3rd group, where Mofajjel Hossain was there, was shot from close range. Why? Is it for sudden enhanced demand for bribes?
4) Post Mortem Examination Report was done in an erroneous format, not in the format prescribed by your Commission, nor in a form suggested in Minnesota Protocol. The Government of West Bengal does not comply with the recommendations to record properly the injuries of victims. Why?
Such incidents at the Indo-Bangladesh border reflect the trigger-happy nature of the BSF, where they could have arrested the victim and produced before the court of law for justice. However, the BSF often chooses to torture or kill the victim in cold blood. The question arises, whether the BSF have judicial powers by which they can decide upon the fate of a guilty person? Do they have the right to take away the life of a guilty person as a means of punishment?
Under the circumstances we demand:
  • The BSF must be posted in actual borders and not inside villages.
  • The whole incident must be investigated by a neutral agency appointed by the Commission.
  • The guilty Border Security Force personnel, the police and the doctor involved must be booked and prosecuted.
  • The family of the victim must be compensated.
  • Security and safety of the witnesses and the family of the victim must be protected.



Junk food push causing severe public health crisis of obesity, diabetes in India: Report

By Rajiv Shah  A new report , “The Junk Push: Rising Consumption of Ultra-processed foods in India- Policy, Politics and Reality”, public health experts, consumers groups, lawyers, youth and patient groups, has called upon the Government of India to check the soaring consumption of High Fat Sugar or Salt (HFSS) foods or ultra-processed foods (UPF), popularly called junk food.

Insider plot to kill Deendayal Upadhyay? What RSS pracharak Balraj Madhok said

By Shamsul Islam*  Balraj Madhok's died on May 2, 2016 ending an era of old guards of Hindutva politics. A senior RSS pracharak till his death was paid handsome tributes by the RSS leaders including PM Modi, himself a senior pracharak, for being a "stalwart leader of Jan Sangh. Balraj Madhok ji's ideological commitment was strong and clarity of thought immense. He was selflessly devoted to the nation and society. I had the good fortune of interacting with Balraj Madhok ji on many occasions". The RSS also issued a formal condolence message signed by the Supremo Mohan Bhagwat on behalf of all swayamsevaks, referring to his contribution of commitment to nation and society. He was a leading RSS pracharak on whom his organization relied for initiating prominent Hindutva projects. But today nobody in the RSS-BJP top hierarchy remembers/talks about Madhok as he was an insider chronicler of the immense degeneration which was spreading as an epidemic in the high echelons of th

Astonishing? Violating its own policy, Barclays 'refinanced' Adani Group's $8 billion bonds

By Rajiv Shah  A new report released by two global NGOs, BankTrack and the Toxic Bonds Network, has claimed to have come up with “a disquieting truth”: that Barclays, a financial heavyweight with a “controversial” track record, is deeply entrenched in a “disturbing” alliance with “the Indian conglomerate and coal miner Adani Group.”

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Modi govt intimidating US citizens critical of abuses in India: NY Christian group to Biden

Counterview Desk  the New York Council of Churches for its release of an open letter calling on the Biden administration to “speak out forcefully” against rising Hindu extremist violence targeting Christians and other minorities in India. In the letter addressed to President Biden, Secretary of State Antony Blinken, and other major elected officials, the NY Council of Churches expressed "grave concern regarding escalating anti-Christian violence" throughout India, particularly in Manipur, where predominantly Christian Kuki-Zo tribals have faced hundreds of violent attacks on their villages, churches, and homes at the hands of predominantly Hindu Meitei mobs.

Link India's 'deteriorating' religious conditions with trade relations: US policymakers told

By Our Representative  Commissioners on the United States Commission on International Religious Freedom (USCIRF) raised concerns about the “sophisticated, systematic persecution” of religious minorities by the government of Prime Minister Narendra Modi at a hearing on India in Washington DC.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Green revolution "not sustainable", Bt cotton a failure in India: MS Swaminathan

MS Swaminathan Counterview Desk In a recent paper in the journal “Current Science”, distinguished scientist PC Kesaven and his colleague MS Swaminathan, widely regarded as the father of the Green Revolution, have argued that Bt insecticidal cotton, widely regarded as the continuation of the Green Revolution, has been a failure in India and has not provided livelihood security for mainly resource-poor, small and marginal farmers. Sharply taking on Green Revolution, the authors say, it has not been sustainable largely because of adverse environmental and social impacts, insisting on the need to move away from the simplistic output-yield paradigm that dominates much thinking. Seeking to address the concerns about local food security and sovereignty as well as on-farm and off-farm social and ecological issues associated with the Green Revolution, they argue in favour of what they call sustainable ‘Evergreen Revolution’, based on a ‘systems approach’ and ‘ecoagriculture’. Pointing ou

Victim of 'hazardous' jobs, Delhi sanitary workers get two thirds of minimum wages

By Sanjeev Kumar*  Recently, the Dalit Adivasi Shakti Adhikar Manch (DASAM) organized a Training of Trainers (ToT) Workshop for sewer workers and waste pickers from all across Delhi NCR. The workshop focused on bringing sanitation workers from different parts of Delhi to train them for organization building and to discuss their issues of minimum wage, contractual labour, regular jobs and social security.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.