Felani murder and Indian BSF’s sham trial

Felani_ASKInjustice! I’d like to echo the parents of Bangladeshi teenager Felani Khatun, who was killed by the Indian Border Security Force four years back. Acquitting a self-confessed BSF Constable Amiya Ghosh is nothing but a farce.

The verdict was given early Friday amid secrecy by the BSF General Security Forces Court in Cooch Behar acquitting Amiya of the charge after a retrial in the case.

Like the first verdict in Felani murder case, the court acquitted Amiya for “inconclusive and insufficient” evidence against him.

It was the first instance of BSF trying any of its personnel despite frequent border killings. Earlier, they had sentenced eight jawans to 89-day jail term while demoted another for torturing a cattle trader at a BSF camp in February 2012.

Timeline: Felani murder and the first-ever trial for border killing

The retrial began on September 22 last year after massive criticisms and outrage at home and abroad against the first verdict.

Decrying the verdict, Felani’s father M Nurul Islam and mother Jahanara Begum demanded fresh trial at the international court and sought assistance of the human rights groups for the sake of justice.

Nurul said: “This is injustice. A killer of such an inhuman act can in no way be acquitted. He killed my daughter like shooting at a bird. We were waiting for justice for the last four years. But the BSF court has betrayed us.

I reject this verdict, and request the governments of Bangladesh and India to hold a trial of Amiya in an international court.”

Felani, 15, was shot dead while she was returning home in Bangladesh along with her father and maternal uncle on January 7, 2011. Though the duo had crossed the barbed-wire fence using a ladder, Felani’s clothes got entangled in the wire when she was shot.

Her body was left dangling on the barbed wire for nearly five hours. It is alleged that she had been alive for at least four hours after being shot.

The photograph of Felani’s bullet-ridden body hanging from the barbed wire was published in the local and international media, following which there was an outpouring of demand for justice.

BSF probed the incident and found 181 Battalion Constable Amiya responsible for the murder with his 5.56mm Insas rifle. Amiya also confessed to the crime. He was charged under Section 304 (unintentional killing) of the Indian Penal Code and Section 146 of the BSF Act.

After the trial began on August 13, 2013 amid secrecy, Felani’s father and maternal uncle M Abdul Hanif testified at the GSF court. In its verdict given on September 6 the same year, the court found Amiya not guilty because of “inconclusive and insufficient” evidence against him.

Rejecting the verdict, Felani’s parents wrote to the Indian High Commission in Bangladesh, West Bengal human rights organisation Manobadhikar Surokkha Moncho (MASUM) and Dhaka’s Ain O Salish Kendra (ASK) seeking justice and compensation for her daughter’s killing.

In the face of protests by several ministers, the Human Rights Commission chairman, and demonstrations by rights activists, the Indian BSF authorities in a statement on September 13 said they would review the case proceedings.

After the retrial began on September 22 last year, Felani’s father gave his deposition at the court on November 17.

But since November 22, the trial proceedings were adjourned twice – on November 22 for four months and on March 26 for three months. The trial resumed on June 30 with the deposition of the self-confessed killer.

Public prosecutor of Kurigram District Judge’s Court Abraham Lincoln, who was assisting Felani’s family since the beginning, said through the verdict, the BSF had been given legitimacy to kill innocent people.

This is not justice. The people of Bangladesh thought that the accused will be given the highest punishment through the retrial process,” he said.

After the first verdict, MASUM’s Kirity Ray lashed out at the BSF for unleashing a reign of terror on the border and said Felani was a victim of it. “The BSF trial was a shame,” he said.

The Indian BSF has been killing Bangladesh nationals every now and then along the border – be it a farmer working at his field or traders bringing cattle from India. They are also accused of kidnapping, torturing and attacking bordering villages in the name of chasing criminals.

However, reports say many wanted Bangladeshi criminals, militants, gold and drug smugglers have crossed the border without any hindrance.

Since 2010, the Indian authorities have been saying that they would use non-lethal weapons but it has never been materialised. Despite making such pledges, the BSF highups defend shooting at Bangladeshi people by saying that they open fire for self-defence only.

At least 20 people were killed while 42 abducted and 29 injured in BSF attacks between January and May this year, according to ASK prepared based on reported news reports.


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