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West Bengal-based civil rights group, Banglar Manabadhikar Suraksha Mancha (MASUM), referring to the death of a Bangladesh border guard, has sought joint investigation into the recent the National Human Rights Commission of India and Jatiya Manabadhikar Commission of Bangladesh into the incident, stating, the incident “proves trigger happy characteristics of the border guards of India.
In a statement, MASUM secretary Kirity Roy said, the Border Security Guard authorities “cannot be given the right to behave as the executioner”, insisting, “Most important, though the deceased was a Border Guard Bangladesh (BGB) person, there was no evidence that he has made any attack to the BSF personnel”, yet he was shot dead.
Text:
It was reported that on 22.01.2024 at around 4:30 to 5:00 AM, cross border cattle smugglers from India and Bangladesh were trying to cross the border with huge number of cattle from India to Bangladesh at Sutia Bazar area under Bongaon Police Station of 24 Parganas (North) district of West Bengal. There is no fencing at the mentioned area and river Kotla is the demarcated border between the countries. The river is dried up and full of mud these days.The two counterparts of bordering guards made contradictory statements, while the Indian Border Security Force alleged that the deceased was involved in cattle smuggling at the time of the incident, while the Border Gurad Bangladesh said that the Sepoy attached with Border Guard Bangladesh, Mohammed Raisuddin, tried to capture cross border smugglers and, in this course, separated from his colleagues and unintentionally crossed the border, and in thick fog, BSF fired upon him.
According to our fact finding, when BSF personnel intercepted the smugglers, they fled from the scene leaving the herd of cattle and BGB personnel from Dhannyakhola outpost came to the spot and took few cattle with them while the rest of the cattle were taken into their custody by personnel of Sutia BOP of 107 BSF Battalion.
Raisuddin received a bullet on his abdomen. BSF personnel of the mentioned outpost tried to move him to Bongaon SD Hospital when the deceased divulged his identity as BGB personal. It was reported that he was brought dead to the hospital.
Later, a criminal case has been lodged against the deceased Raisuddin vide Bongaon PS Case No. 80/24 dated 22.01.2024 under sections 186/ 353/ 333/ 325/ 307/ 506 of Indian Penal Code & 14 Foreigners Act, Mr. P.L Yadav, Company Commander of Sutia BOP, 107 BSF Battalion was the complainant while Mr. Sujit Das, Sub Inspector of Bongaon PS is the Investigating Officer engaged with this case. Police done an inquest over the body on 22.01.2024, later the Sub Divisional Officer made another inquest on 23.01.2024. Post Mortem Examination was done on 22.01.24 at Bongaon SD Hospital on 22.01.2024 vide PME No. 39.
This incident once again proves trigger happy characteristics of the border guards of India; the BSF. The Border Security Force authority cannot be given the right to behave as the executioner. Most important part is that though the deceased was a BGB person but there was no evidence that he has made any attack to the BSF personnel during the whole incident. The higher-ups of BGB categorically said that from BGB did not use any single bullet in the incident. Border Security Force personnel with the help of firearms fired at him and killed him and it was not a retaliatory action.
In this case, instead of arresting the person and handing him over to the police, the Border Security Force personnel fired him to death. In no circumstances, involvement in cross border smuggling or illegal entry to India attract death penalty.
One inquest was done over the body of deceased by SDO, Bongaon even after the autopsy was over; which is grossly illegal and against the criminal procedure.
The incident violates the rights guaranteed in Article 21 of Indian Constitution, to every person inside the Indian territory and the premise of Article 2 and 6 of International Covenant on Civil and Political Rights, an international instrument; 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 This act violated the basic premise of The Geneva Convention.
We demand for an independent enquiry over the incident conducted jointly by the National Human Rights Commission of India and Jatiya Manabadhikar Commission of Bangladesh, which will serve the interests of both the countries. We call upon international human rights communities to come up and protest against systematic killings by Border Security Force personnel and subsequent impunity.
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