NATIONAL HUMAN RIGHTS COMMISSION, INDIA Cooch Behar on 22.10.2016 stating that, on 08.10.2016 at 05.00 p.m., her husband Serajul Haq was apprehended by the BSF personnel of BSF Out-Post No. 4 under Singimari BSF BOP Camp, Bn. No. 21 and taken to a place near border fencing and he was killed by the BSF personnel in their custody by beating him to death. 58 ii. Pursuant to the directions of the Commission, the District Magistrate, Cooch Behar, West Bengal, has sent a report stating that it was found that Sitai PS Case No. 133/17 dated 28.12.2017 u/s 302/201 IPC was started against BSF personnel (21st Bn.) Singimari BOP on the basis of a written complaint of Achhima Khatun, w/o Shri Sirajul Haque of Chhat Singimari, PS Satai, District Cooch Behar to the effect that the victim was taken to the Indo-BD border fencing by the BSF personnel of Singimari BOP (21 Bn. BSF) under Sitai PS area and beaten to death. The complainant found the dead body of her husband at the M.J.N. Hospital on 09.10.2016. During investigation of the Sitai PS Case No. 133/17, dated 28.12.2017, the victim Sirajul Haque was found to be a cattle smuggler operating through Indo-BD border in the jurisdiction of Singhimari BOP (100 Bn of BSF). On the night of 08/09 Oct 2016, Sirajul Haq along with his associates were trying to smuggle cattle through the Indo-BD border and BSF tried to stop them but the smuggler party started pelting stones on BSF. Finally, ACP Party of BSF managed to disperse the gang of smugglers. After searching the area the BSF Party seized 06 cows and also found an unknown injured person who was subsequently identified as Sirajul Haque of Chat Singhimari, PS Sitai, district Cooch Behar. The BSF personnel shifted him first to Sitai PHC and thereafter shifted him to MJN Hospital Cooch Behar where he died on 09.10.2016. iii. The Supdt. of Police, Cooch, Bihar has sent a further report stating that investigation of the case it was learnt that ACP party of BSF forced to stop cows smuggling through Indo Pak border. A prima facie charge u/s 304 IPC was established against HC Ram Bharose, Ct Rai Kumar and Ct Mrinal Sharma of 100 BN BSF D-coy. After completion of investigation of the case, the Investigating Officer submitted chargesheet vide Sitai PS case No. 91/2018 dated 31 Aug 2018 u/s 304 IPC against the above noted BSF personnel. iv. The Commission considered the matter on 05.12.2018 and has inter alia observed that since the Investigating Officer has investigated the case and submitted chargesheet against BSF personnel, it is prima facie established that human rights of deceased Serajul Haque were violated by the BSF personnel for which the Government of India is vicariously liable to make reparations to the next-of-kin of the deceased. v. In view of the above, the Commission issued a notice u/s 18 of the PHR Act, 1993 to the Secretary, Ministry of Home Affairs, Government of India, New Delhi to show cause within 6 weeks as to why the Commission should not recommend Rs. 2,00,000/- as compensation to the Next-of-kin of the deceased Serajul Haque. ANNUAL REPORT 2018-19