Human rights leader blames BSF for migrant worker's death off Assam-Bangladesh border

Family members of the deceased

By Our Representative
A senior human rights defender has complained of "barbaric, illegitimate and unjustified killing" of a young migrants worker, Musa Miah, at the Indo-Bangladesh border district of Dhubri in Assam, allegedly by Border Security Force (BSF) personnel, claiming, "This incident again proves our stand that the BSF resorted in reign of terror and systematic killing of innocents at Indo-Bangladesh border and enjoying full impunity."
In a representation to the National Human Rights Commission (NHRC) chairperson, Kirity Roy, convenor, Banglar Manabadhikar Suraksha Mancha, and national convenor, Programme Against Custodial Torture and Impunity, said, "The deceased was killed by BSF personnel of Madhya Balabhut Border Out Post of BSF Battalion Number 62, ‘A’ Company."
Worse, he said, the uncle of deceased Nur Islam lodged a written complaint to the Officer-in-Charge of Tufanganj Police Station in the district of Cooch Behar on January 1, 2023, "but till date no appropriate actions have been taken." Ironically, the incident, which took place on in December-end, 2022, happened after Prime Minister Narendra Modi, during his meeting with his counterpart in Bangladesh (September 5 to 8, 2022), "publicly declared to reduce border killing to zero level", he added.
Regretting that the border security forces of India, paid from public exchequer, are systematically dishonouring the decision, Roy said, "The killing and subsequent police inaction was in total contravention of NHRC's ‘Revised Guidelines/ Procedures to be followed in courses of deaths caused in police action’." The complaint, however, does not cite any reason for BSF taking the deceased into custody before allegedly torturing him to death.
"There were some procedural violations in this case. In spite of being handed over the victim to the concerned police, BSF personnel kept the victim in their custody for more than 24 hours and tortured him mercilessly which violates section 76 of the Code of Criminal Procedure and Article 22 (2) of the Indian Constitution", the human rights defender said.

"It is also to be noted that under section 176 (1) (A) of the Code of Criminal Procedure it is mandatory to inquest the dead body of the victim of custodial death case by one judicial magistrate, but in this case no judicial magistrate conducted an inquest over the body of the victim", he noted, pointing out, on January 23, 2020 Supreme Court of India issued notice to the Centre and States on implementation of section 176 (1) (A)."
Stating that the matter "is a grave one which proves the collapse of the criminal justice system in our country", Roy said, "Inaction of the police officials of Tufanganj Police Station violates section 154 of the Code of Criminal Procedure and apex court guidelines in Lalita Kumari vs State of Uttar Pradesh [WP (Crl.) no. 68 of 2008] where it is mandatory to register an FIR after receiving information of a cognizable offence."
Seeking "independent judicial inquiry must be started over the incident", Roy insisted, "The perpetrator BSF personnel attached with Madhya Balabhut Border Out Post, ‘A’ company, 62 Battalion must be booked under appropriate legal provisions and be tried in open court of law", and the "complaint of the uncle of the deceased must be registered as an FIR."
Seeking "financial compensation and adequate safety and security of the family members and witnesses", Roy demanded, "For proper enquiry and investigation, the body of Musa Miah be exhumed". He adding, "To stop such systematic killings with impunity, NHRC should come forward and arrange some sensitizing meetings with senior BSF, Police, Civil Administration to address the situation."

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