Here we are referring again a case of extra judicial killing or murder of a person from religious minority, named Mr. Milan Mia, by the Border Security Force personal without any appropriate reasons laid by the rules and laws of this country.

 We want to refer here the Article 21 of Indian Constitution which has been guaranteed to all in Indian Territory, including the foreign nationals.

 On 29.09.2009 at about 1.00 a.m., a Border Security Force personal, Suraj Gurum, Constable, attached with Camp ‘D’ of Battalion number 94 posted at Purba Joynagar, under Baduria police station of 24 Parganas (north) fired from his service firearm and killed a person and as it was next to impossible to ascertain the name of the victim and his address, it was compulsion to believe in the police records. But it was established by the police record that one Mr. Jaharul Islam, son of Md. Asraf of village- Bowalion, Police Station- Bokar of District – Satkhira of Bangladesh claimed the body as of Milan Mian, son of Yukub Ali of village- Bholsa under Police Station- Tula of District- Satkhira of Bangladesh.

 At the time of his killing, the person was indulged with smuggling activities or not was a question which can be ascertain after the investigation by you and your other agencies. But it was clear by the prima facie evidences that the person was killed by the said BSF personal, without any mandatory provocation fire and against the prescribed norms of use of firearms by any armed bands with state recognition or patronage guaranteed by the international obligations, which our country is a party.

 It was alleged by the BSF that the deceased was involved with cattle smuggling and in that course when restricted by the BSF personnel, tried to attack them. This was not only ridiculous but without any requisite evidences accepted by the legal parlance of this country. 

 Only seizure made by the police was a sickle, but in any circumstances nobody can attack with a sickle to persons armed with sophisticated firearms. Again the Investigating Officer of the said case Mr. Ranjit Chakroborty, Sub Inspector, made the inquest over the body, which was contravening to the National Human Rights Commission guidelines about the extra judicial killing, NHRC firmly said that in all incidents of extra judicial killings; the inquest should be done by a Magistrate.

 The Investigating Officer himself accepted that the bullet fired upon the deceased was hit his right side of skull and exited through another side. It was also mentioned by him that his left hand was broken, which is a clear indication that the person was killed in preplanned and cold blooded manner with close proximity. And only according to the said Investigating Officer, the only recovery or seizure was a sickle. This was again against of prescribed use of firearms.

 Border Security Force lodged a case vide Baduria PS case number 242/09 dated 29.09.2009, under sections 147/148/149/186/353/325/307 of Indian Penal Code.

 The firing was made by the butt number 309 and upon the body number 16695232 by one Suraj Gurum, constable number 00121113, as par BSF records. The post mortem examination was done at the morgue of Basirhat Sub Divisional Hospital on that day.

 We just want to mention that the incident was not an isolated one, rather a continuation of violations of Constitutional guarantees and penal provisions of this country by the persons with in grab of uniform.