[IAC#RG] Ray of light in the dark - Reparation not justice - NHRC order on BSF Pellets in eyes of Muslim student who became blind

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.

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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 : kirityroy@gmail.com
Web: www.masum.org.in

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