INDIA: Border Security Forces kill unarmed man despite his pleas of innocence 

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of the killing of an unarmed man allegedly at the hands of Border Security Forces (BSF), despite the victim pleading his innocence in regards to the allegations the BSF were making against him. According to witnesses, on 24 August 2005, Mr. Ashutosh Roy was gunned down at point blank range in broad daylight by BSF personnel who accused him of cutting the fence that serves as the official international border between India and Bangladesh. The BSF then informed the Goalpokhar police of this incident, who then officially filed the case. The case is registered under the provisions of the Indian Penal Code, to show that Ashutosh was obstructing the BSF officers discharging their duty and tried to alter the boundary marks at the border and attempted to attack, injure and kill the BSF officers. When investigations were conducted into this case, a subsequent case was also registered at the Goalpokhar police station against the BSF officers.

An independent fact finding report, compiled by the human rights organisation Masum, states that Ashutosh was not attempting to cut the fence when the BSF officers dragged him to a nearby border pillar, assaulted him and then shot him dead.

The Goalpokhar police have stated that the BSF is conducting an internal investigation into this matter and that such action will suffice in this case. However, the AHRC strongly disagrees with this and calls for a full and independent investigation into Ashutosh’s death. If Musum’s fact finding report is correct, then the Goalpokhar police must also be investigated, particularly in regards to its delay in having a post-mortem examination done, and therefore should in no way be involved in conducting the investigation itself. Further, if the BSF are responsible for Ashutosh’s death, then full legal action in the courts must be taken against them, not merely in-house disciplinary action. Finally, full compensation should be provided to Ashutosh’s widow, who must now try to provide for herself, her three sons and her daughter.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of victim: Mr. Ashutosh Roy, 24, son of Mr. Nishi Roy
Address: Dangipara Village, Goalpokhor police station, Utta Dinajpur District, West Bengal
Date of incident: 24 August 2005, at 2.50pm
Place of incident: Dangipara Village, Goalpokhor police station, North Dinajpur District, near Bangladesh border (border pillar number 372/8S)
Alleged perpetrators:
Asok Tripathi, S.I. and post commandant and his associate of Sripur Border Out-Post of Border Security Force.

Case Details:

On 24 August 2005, Ashutosh Roy was cutting grass in the Dangipara Village, close to the India-Bangladesh border. Witnesses claim that they saw Border Security Force (BSF) personnel in uniform confront Ashutosh, drag him towards the border fence and then shoot him at point-blank range. The witnesses then say that the BSF checked the body before discarding it on the other side of the fence.

Ashutosh was the only earning member of his family and his death has had a devastating effect on them. His elderly father has gone on a hunger strike and has vowed to neither eat nor drink until justice is brought to this case.  Mrs. Dulali Devi, Ashutosh’s wife, remains destitute following the murder of her husband. Dulali is aware that without Ashutosh’s salary, she simply will not be able to provide for her, her three sons or her daughter.

The BSF were the first to inform the Goalpokhar police station about the death of Ashutosh. The Goalpokhar police station then proceeded with a case regarding this matter (case no. 86/05 under sections 186/332/353/434/307 I.P.C.) in which Mr. Digvijay Singh, Subedar-Major of Kunkradaha Company Headquarters of BSF was the informant. This case is registered under the provisions of the Indian Penal Code, to show that Ashutosh was obstructing the BSF officers discharging their duty and tried to alter the boundary marks at the border and attempted to attack, injure and kill the BSF officers. When investigations were conducting into this case, a subsequent case was also registered at the Goalpokhar police station (case no. 87/05 under sections 302/34 I.P.C.) against the BSF officers. In both cases, the name of the investigating officer is Mr. Haradhan Goswami, Officer-in-Charge of Goalpokhar police station.

A fact finding report compiled by Masum reveals that those involved BSF personnel working for  the Sripur Border Out-Post (B.O.P.) under 47 BN BSF, took Ashutosh from the field suspecting that he was cutting the wire fencing of the international border. Ashutosh pleaded his innocence to the BSF, stating that he was in no way attempting to cut the fence. However, the BSF ignored his pleas and dragged Ashutosh towards the nearby border pillar number 372/8S. During that time, the BSF assaulted Ashutosh, beating him mercilessly with their fists, feet and rifle buts. When they reached the pillar the BSF aimed their rifles at Ashutosh who again begged for mercy and cried that he was innocent of the accusations they were making against him. However, the BSF under the leadership of Asok Tripathi, S. I. and post-commandant and his associates from Sripur B.O.P. shot Ashutosh regardless. The fact finding report also reveals that there were at least two gun shot injuries on the body of Ashutosh, one on his hand, the other on the left side of his chest.

The entire incident took place in broad daylight and in front of a number of villagers. After witnessing the incident, many of the villagers were shocked by what they saw. However, after some time they gathered together and began to protest about what had just occurred. Within no time, a group of more than a thousand local villagers were demanding justice for Ashutosh’s death. Sensing trouble, the BSF took Ashutosh’s body in their car to the Goalpokhar police station and lodged a complaint against Ashutosh. The police received the body but did not check whether it was alive or dead. The following day at 11am, Ashutosh’s body was sent to the Islampur Government Hospital morgue for post-mortem examination. Despite this, to date no post-mortem report has been released.

The BSF continue to maintain that Ashutosh was a criminal and involved in illegal activities when detained near the fence. They also maintain that their conduct was legal as they took the body to the Goalpokhar police station and lodged a proper complaint there. This does not explain however, why the BSF felt compelled to give Rs. 5000/ to Ashutosh’s widow, which is what they did. It also does not explain why the BSF had to shoot Ashutosh at point blank range, despite the victim carrying no weapon and being outnumbered by the BSF personnel.

The Goalpokhar police have stated that the BSF is conducting an internal investigation into this matter and that such action will suffice in this case. However, the AHRC strongly disagrees with this and calls for a full and independent investigation into Ashutosh’s death. If Musum’s fact finding report is correct, then the Goalpokhar police must also be investigated, particularly in regards to its delay in having a post-mortem examination done, and therefore should in no way be involved in conducting the investigation itself. Further, if the BSF are responsible for Ashutosh’s death, then full legal action in the courts must be taken against them, not merely in-house disciplinary action.
SUGGESTED ACTION:

Please write to Mr. Buddhadeb Bhattacharjee, Chief Minister and Minister in Charge of Home (Police) Department, Government of West Bengal seeking his urgent intervention in having this case properly investigated. Please send copies of that letter to the appropriate authorities provided below.

 

 

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