NHRC recommends Rs. 6.5 lakh as monetary relief to a family, victim of BSF assault in West Bengal.
New Delhi, January 4, 2010
The National Human Rights Commission has recommended that the Ministry of Home Affairs, Government of India pay rupees five lakh as monetary relief to the next of kin of Masud Rana Sarkar, who died in an assault by the BSF personnel in Dakshin Dinjapur Belurghat, West Bengal, and rupees fifty thousand each to his three injured family members in the incident.
The Commission, under a case no. 180/25/18/07-08-PF on a complaint filed by Tejang Chakma on the 23th March 2007, was informed that a group of BSF personnel of 72nd Battalion had allegedly assaulted a family at Daudpur village in South Dinajpur District Belurghat, West Bengal on the 4th March 2007. The assault resulted in death of Masud Rana Sarkar (19) and injury to his three other family members, including two women.
Pursuant to Commission's intervention in the matter, DIG (Operations) Directorate General BSF on the 19th February, 2009 sent the order of the General Security Force Court which tried the five accused personnel in the case for committing offences under Section 45 of BSF Act and Rules, i.e., 'committing a civil offence read with Section 302 (culpable homicide amounting to murder) & 323 (voluntarily causing hurt) of IPC. The Court found all of them not guilty of the above charges. The BSF requested NHRC to close the case basis of GSFC order. However, the Commission observed that the magisterial inquiry report established that a group of BSF personnel caused grievous injuries to the members of a family.
The Commission found the magisterial inquiry report convincing and recommended that the Government of India pay monetary relief to the next of kin of the deceased and to those injured in the assault by the BSF personnel. Proof of payment and compliance report was also sought.
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The National Human Rights Commission has recommended that the Ministry of Home Affairs, Government of India pay rupees five lakh as monetary relief to the next of kin of Masud Rana Sarkar, who died in an assault by the BSF personnel in Dakshin Dinjapur Belurghat, West Bengal, and rupees fifty thousand each to his three injured family members in the incident.
The Commission, under a case no. 180/25/18/07-08-PF on a complaint filed by Tejang Chakma on the 23th March 2007, was informed that a group of BSF personnel of 72nd Battalion had allegedly assaulted a family at Daudpur village in South Dinajpur District Belurghat, West Bengal on the 4th March 2007. The assault resulted in death of Masud Rana Sarkar (19) and injury to his three other family members, including two women.
Pursuant to Commission's intervention in the matter, DIG (Operations) Directorate General BSF on the 19th February, 2009 sent the order of the General Security Force Court which tried the five accused personnel in the case for committing offences under Section 45 of BSF Act and Rules, i.e., 'committing a civil offence read with Section 302 (culpable homicide amounting to murder) & 323 (voluntarily causing hurt) of IPC. The Court found all of them not guilty of the above charges. The BSF requested NHRC to close the case basis of GSFC order. However, the Commission observed that the magisterial inquiry report established that a group of BSF personnel caused grievous injuries to the members of a family.
The Commission found the magisterial inquiry report convincing and recommended that the Government of India pay monetary relief to the next of kin of the deceased and to those injured in the assault by the BSF personnel. Proof of payment and compliance report was also sought.
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