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We conducted a
fact finding upon information received that the victim
Subodh Mondal
son of Mr.
Baidyanath Mondal
of District Murshidabad was gunned down in BSF firing
on 16 Nov 2009 at about 11.55 pm.
The BSF lodged a complaint
of encounter death at local police station against the
victim. Though there is allegation of encounter but it is
revealed during our fact finding that no independent
inquiry was ensured and action taken following the
guidelines issued by the Commission in case of encounter
death.
The family of the victim
rebutting the allegation of BSF brought allegations of
intentionally and arbitrarily killing the victim against
the involved BSF jawans. The police and the district
administration even though received the complaint of the
family of the victim by registered are still to
acknowledge and register the complaint in accordance with
law.
It revealed during our fact
finding as well as by our earlier complaints we tried to
draw attention of the Commission that in almost all these
cases the practice that is followed is that one criminal
case is registered against the persons killed in BSF
firing. The police and the administration also take for
granted that the killings by BSF are in self-defense
without ensuring any independent inquiry thereby
patronizing the intention of BSF which seem to be directly
eliminating the victims, instead of subjecting them to the
due process of law.
The unholy nexus and
continuous impunity enjoyed by the police, administration
and BSF have brought the right to life, liberty and due
process of law as enshrined in our Constitution and
International Declarations on human rights, of the
bordering populace in Indo-Bangladesh Border to an eminent
peril and random violation.
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