4.158 On consideration of material on record and the Commission observed that the abuse
of power by the police constable, a public servant resulted in the loss of life of an innocent
child, for which the State must bear liability and recommended the payment of Rs. 5 lakhs
as monetary compensation to be paid to the next of kin of the deceased by the Government
of NCT of Delhi.
4.159 After the receipt of the compliance report along with the proof of payment, the case
has been closed.
(f ) Encounter or Firing by Para-Military Forces
24. Death of a Bangladeshi Girl in Firing by Border Security Force at
Anantpur Border (Case No. 7/99/4/2011-PF)
4.160 Prof. Mizanur Rehman, Chairman, National Human Rights Commission, Bangladesh
drew the attention of the Commission towards the fact that innocent Bangladeshis are
continuously being killed by the BSF personnel of India. In one of the incidents on
07.01.2010 a 15 year old girl named Felani was shot dead by BSF at Anantpur Border area.
4.161 The Commission took cognizance of the communication received from the Chairman
of Bangladesh Human Rights Commission and issued notice to Secretary, Ministry of
Home Affairs, Government of India, New Delhi calling for a report.
4.162 Pursuant to the directions of the Commission a report was received from the Ministry
of Home Affairs. As per the report, the deceased girl Felani was killed by a bullet shot fired
by Commandant Amiya Ghosh during ambush cum patrolling duty. The PMR indicated
that the probable cause of death was due to shock and haemorrhage due to bullet injury
which was ante-mortem and homicidal in nature. An FIR was also registered. The dead
body was handed over to Bangladesh police. A staff Court of inquiry (SCOI) followed
by an Addl. SCOI was conducted into the incident where, prima-facie it appeared that Ct.
Amiya Ghosh exceeded his right of private defence.
4.163 Considering the findings of the Staff Court of Inquiry, the various orders issued by
DIG (OPS), BSF Hqrs., and other circumstances of the case, the Commission asked the
Ministry of Home Affairs to show cause why monetary relief be not recommended to be
paid to the next of kin of the deceased girl.
4.164 In response to the show cause notice, the Ministry of Home Affairs forwarded a
report of DIG(OPS), Directorate General, BSF. It was contended that Nural Islam, father
of the deceased girl was responsible for the death because he had forced her to adopt illegal
means to exit from India. He had put his daughter’s life on risk by asking her to scale the
64
National Human Right Commission Annual Report - 2014-2015