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Border Security Force,
posted in Indo-Bangladesh bordering districts of West
Bengal are paying no heed to Indian constitution and its
guarantees with life and liberty of person in this course
they not even sparing children, women and in most of the
case the victims are belonging to minority community as
the area have relatively higher concentration of religious
minority or more specifically Muslims. In this killing
spree they are breaking the rule of law at their behest
and it became habitual on their part.
Our fact finding revealed
that a minor Muslim boy named Mr. Jiarul Seikh was killed
by BSF personnel without under any judicial requisites.
So, the murder was a cold blooded affair and the minor was
extra judicially killed by the BSF personnel and not an
incident in isolation.
He came off from an
economically marginalized family. Our fact finding
revealed that the Jiarul was engaged with illegal cross
border smuggling as mere courier, as this become the main
financial occupation of a person living in the fringe of
human survival. Jiarul was arrested while he was busy in
smuggling activities, as reported.
BSF personnel after taking
the person in their custody killed him without any legal
and set procedures and practices under the law of this
land and by that again confirmed their scant respect for
law and its practices. The natural justice idiom is
established on the ethos that nobody should have any right
to kill another and in this case legalities do not permit
anyone with any uniform to kill a person in their custody.
Our simple question is –
whether the Constitution of India, or, any Act, or any
Rule permits to kill any person while he is in custody?
And whether the people of India can ask the authorities to
have a fair trial on this issue? We have plenty of
examples where a person was killed by the uniformed state
parties to conceal the fact and in many the persons were
kept alive for fair trial; again a ritual now. The killing
of any person, may be he/she has committed any crime, is
not only violation of human rights also it is a case of
destroying the evidences.
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