What is the current status of the case?
Lincoln: On August 14, the Indian Supreme Court accepted a petition, jointly filed by Felani’s father Nurul Islam and Kolkata-based human rights organisation Manabadhikar Suraksha Mancha (MASUM), that challenged the earlier acquittal of the BSF jawan.
BSF said they would consider a fresh trial if Felani’s family is unhappy with the acquittals. So, have to applied? If not, why?
BSF has already held two trials by being self-motivated. Interestingly, the case was filed by BSF, the accused was from their own force, the judge was also one of them. They did not require any application from us when they held two trials before. Then why do they need an application from Bangladesh now? Does it not seem that they are showing pity? If they really respect law, they can hold another trial of their own.
The Border Security Force Act 1968 of India says civil offences are triable by a criminal court. But both trials of Felani killing were held in BSF courts. What is your take on this?
They had the options to hold the trial in a civil court, but they opted against it. While testifying before the BSF court, accused Amiya Ghosh said it was a foggy morning on the day of the incident and he was on duty near the fence. Suddenly, he heard some unusual sounds. When he tried to close in, some miscreants from the other side of the fence hurdled bricks at him. Amiyo said he fired blank shots in response. But later he found that a body was hanging from the fence.
But, the BSF commandant, who filed the case, said that Amiyo saw a person walking on a ladder placed on the fence and had to fire for his own and the country’s security. Now, the question is, if the BSF man felt threatened, why could not they recover any arms, cutters or ammunitions? They (BSF) found nothing.
Do you have any more evidence to prove the accused guilty?
Of course! There are two more ways to do it: analysing the autopsy report and the border line act. The autopsy report states that the bullet pierced her chest and she was on the ladder placed on top of the two fences. For bullets to hit her chest, shots had to be fired with the gun parallel to the ground. But, Amiyo said he fired blank shots and we know when someone does that the gun is pointed towards the sky in a vertical position. This proves that Amiyo lied.
Guards can take action if any offences violate section 144 at the border. Felani’s father Nur Islam has told courts twice that there were four people including himself, Felani, and two brokers when the shooting took place. Two other brokers were also involved but they were at home at the time of the incident. So, it was not a violation of section 144 because it takes more than four people to do that. So, there is no justification for the firing on the day.
Do you see any chances of justice being served?
I am a Bangladeshi lawyer, so that there are some complexities in me fighting the legal battle in an Indian court. However, an Indian human rights organisation has come forward to give us support via the Ain O Salish Kenda. That has raised our hopes.
We were not sure whether the Indian Supreme Court was going to accept the writ. But, thankfully, a bench consisting of the Indian chief justice has approved the writ and asking four top Indian officials – the federal home secretary, West Bengal chief secretary, BSF director general and chief of the Central Bureau of Investigation to response on some case-related matters within a certain time frame. So, we can now be hopeful that Felani’s family may get justice.
