Annual Report 2013-14 4.91 Responding to the Commission’s notice, Deputy Inspector General (Operations) C, Directorate General BSF, Ministry of Home Affairs, Government of India submitted a report indicating that on 14 May 2011 ambush-cum-patrolling party was deployed on the international border during the night. One Head Constable D.N. Mishra with an ulterior motive went towards Sonapur Madrasa after borrowing a bicycle from a civilian. He reported about the movement of 3-4 smugglers with head loads near the madrasa and challenged them to stop. However, on ignoring the warning, he fired three rounds from his rifle and the smuggler ran away leaving head loads containing ganja. The matter was inquired and it was found that Head Constable Mishra gave a wrong report. Smt. Chayera Khatun, wife of the deceased lodged FIR No. 84/11 dated 15 May 2011 for an offence punishable u/s 302 IPC. The BSF also lodged FIR No. 86/11 dated 15 May 2011 at the same police station for offences punishable u/s 148, 149, 353, 307 IPC and the cases are pending for further investigation. The Commission also received the autopsy report indicating two fire arm entry wounds causing death of the victim. 4.92 The Staff Court of Departmental Enquiry found the act of the Constable blameworthy for deliberately misleading the facts and misreporting the entire incident to his superiors. He was also found blameworthy for operating in isolation contrary to the instructions and opening unprovoked, unwarranted fire and thereby killing a civilian, namely, Abu Hanif. It was further reported that the Post Commander and AC/COY Commander were also found blameworthy for serious supervisory lapse since they failed in their duty to physically search the area. 4.93 Considering the facts and circumstances narrated by the BSF and the Staff Court of Enquiry, the Commission held that there was a violation of human rights of the victim. Therefore, the Commission vide its proceedings dated 17 April 2013 recommended to the Government of India, Ministry of Home Affairs, New Delhi to pay a sum of ` 7,00,000 to the next of kin of deceased Abu Hanif. 4.94 Pursuance to the directions of the Commission, the Deputy Inspector General (OPS) C, Directorate General, BSF, New Delhi informed that a sum of Rupees Seven lakhs had been paid to Smt. Chhayera Khatu, wife of the deceased and also forwarded the proof of payment. 4.95 In view of compliance of the recommendation of the Commission, the case was closed on 5 December 2013. 11. Death of Five Alleged MULTA & NDFB Activists in an Encounter with Assam Rifles Personnel At Akabasti In Sonitpur District, Assam (Case No. 247/3/16/2011-PF) 4.96 The Commission noticed from the newsletter of Assam Police on its website that five Muslim United Liberation Tigers Association (MULTA) and National Democratic Front of Bodoland (NDFB) activists were killed in an encounter with Assam Rifles personnel on 19 April 2009 at Akabasti under Rangapara Police Station in Sonitpur District. 44 | NHRC