Discussion:
[IAC#RG] Ray of light in the dark - Reparation not justice - NHRC order on BSF Pellets in eyes of Muslim student who became blind
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"Kirity Roy" (via indiaresists Mailing List)
2018-07-12 07:59:23 UTC
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National Human Rights Commission
New Delhi, India

*Case Details of File Number: 292/25/14/2015-PF*
*Diary Number* 15573/CR/2015
*Name of the Complainant* KIRITY ROY, SECRETARY (MASUM) AND NATIONAL
CONVENER (PACTI)
*Address* BANGLAR MANABADHIKAR SURAKSHA MANCHA, 40A, BARABAGAN LANE (4TH
FLOOR), BALAJI PLACE, SHIBTALA, SRIRAMPUR,
HOOGHLY , WEST BENGAL
*Name of the Victim* MOHAMMAD ALI HALSANA S/O NASKAR ALI HALSANA
*Address* R/O VILLAGE. HATHKHOLA, PS. CHAPRA,
NADIA , WEST BENGAL
*Place of Incident* VILLAGE. HATHKHOLA, PS. CHAPRA
NADIA , WEST BENGAL
*Date of Incident* 11/7/2014
*Direction issued by the Commission* These Proceedings are in continuation
of the Commission’s earlier Proceedings of 12 September 2017, on the
allegation that one Mohammad Ali Halsana, a Class XII student, suffered a
shot on his right eye, standing in front of his house in Village Hatkhola,
when the BSF personnel fired while chasing the smugglers on 07 November
2014. Having considered the report, the Commission, vide its Proceedings of
23 February 2016, issued a summons to the Director General of Police, West
Bengal, to produce the status report in FIR No. 246/2015 of PS Chapra. In
response, the Superintendent of Police, Nadia, vide communication dated 25
July 2017, forwarded a report dated 24 July 2017 of the Dy. Superintendent
of Police, HQ, Nadia. As per the report, the PS Chapra Case No. 246/2015
dated 20.08.2015 under Sections 341/325/326 IPC was investigated and the
case has been charge-sheeted on 31 October 2015 vide charge-sheet No.
911/15 dated 31.10.2015 under Sections 341/325/326 IPC against accused BSF
person, Naseb Chand of 119 Bn. BSF of Mahakhola BOP under PS Chapra. Having
considered the report, the Commission, came to the conclusion that the
human rights of the victim were violated by the BSF person, for which the
Government of India is vicariously liable and should make reparations to
the victim. The Commission, therefore, vide its Proceedings of 12 September
2017, directed as under : “Issue a notice under Section 18(a)(i) of the of
the Protection of Human Rights Act, 1993 to the Secretary, Ministry of Home
Affairs, Government of India, requiring it to show cause within six weeks
as to why the Commission should not recommend payment of Rs. 3,00,000/- as
compensation to the victim, Mohammad Ali Halsana.” In response, the Under
Secretary, Ministry of Home Affairs, Government of India, vide
communication dated 12 February 2018, has forwarded a report dated 31
January 2018 of the Deputy Inspector General (OPS) B, Border Security
Force. As per the report, in view of Section 19 of the Protection of Human
Rights Act, 1993, the Commission has no power to issue show cause notice in
relation to the matter of Armed Forces, as such, issuance of a notice to
the Government of India under Section 18 is not correct as the powers are
to be exercised strictly as have been specified in the Act. The Commission
is empowered only to make recommendations to the Central Government after
receiving the report from it and has no powers to direct CAPF to pay
compensation in such cases. The Commission has considered the reply
submitted by the Deputy Inspector General (OPS) B, Border Security Force.
The Commission, vide its Proceedings of 12 September 2017, issued a notice
under Section 18(a)(i) of the Protection of Human Rights Act, 1993, to the
Secretary, Ministry of Home Affairs, Government of India, requiring him to
show cause as to why the Commission should not recommend payment of Rs.
3,00,000/- as compensation to the victim, Mohammad Ali Halsana. The
Commission thought it proper that the Government of India avails an
opportunity to explain its stand before the Commission makes any
recommendation. However, it is prima facie found from the charge-sheet of
the Police, PS Chapra that the BSF Person is liable for the grievous injury
caused on the right eye of the victim, a student of Class XII, violating
his human rights, for which the Government of India is vicariously liable
and should make reparations to the victim. The Commission, therefore,
recommends to the Secretary, Ministry of Home Affairs, Government of India,
to make a payment of Rs. 3,00,000/- (Rupees Three Lakh only) as
compensation to the victim, Mohammad Ali Halsana. The Secretary, Ministry
of Home Affairs, Government of India, is directed to send, within three
months, a report on action that has been taken in the matter.
*Action Taken* *Relief granted [Compensation, Disciplinary & Prosecution]
(Dated 7/11/2018 )*
*Status on 7/12/2018* Compliance of the Commission's recommendation by the
concerned authority is awaited.
--
Kirity Roy

Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220845
Mobile (0) 9903099699
e. mail : ***@gmail.com
Web: www.masum.org.in


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