The lone accused of the Indian Border Security Force (BSF) in the case of killing a 15-year old Bangladeshi girl Felani Khatun was acquitted on Thursday by a BSF court, according to BBC Bangla Service. The court pronounced the verdict, saying that Indian border guard Amiya Ghosh, the only accused in the killing of Felani, had pleaded “not guilty”.Although the verdict is yet to be declared officially, Amiya Ghosh has already been released, BBC says.
According to media reports, the verdict is subject to the approval of the competent authorities of the BSF. This is the first time any member of Indian Border Security Force has been tried for killing a Bangladeshi national.
Havildar Amiya Ghosh of 181 battalion was indicted by the BSF for “unintentionally killing” Felani when she was crossing the Bangladesh-India border at Anantapur point in Kurigram along with her father in January, 2011.
On January 7, 2011, Felani was shot by BSF in the chest
and died on the spot. After the killing, her body was kept hanging from the barbed wire, as her clothes got entangled with it. The horrific image of Felani’s hanging body drew condemnations from all over the world.
After mounting pressure from different quarters including Bangladesh government, the Indian authorities finally started the trial on August 13, 2013 — more than two and a half years after Felani’s murder.
Felani’s father, who travelled to Cooch Behar to testify in the case, outright rejected the verdict and vowed to take the matter to the International Court.
“If the news of not guilty verdict for Amiya Ghosh is correct, then it is not a right verdict. The BSF killed my daughter who was brought home for marriage,” said Nurul Islam, Felani’s father.
“My family is deeply shocked. I want justice. I urge the government to ensure justice for my girl,” he said adding, “If needed I will take up the case to the International court.”
Foreign Ministry officials, however, refrained from making any comment on a judicial matter of another country without getting official confirmation.
When contacted, Foreign Ministry officials said they were waiting for the official confirmation before making any comment.
“Without receiving anything official, we cannot comment on a judicial matter of another country,” an official told The Independent.
Another official echoed the sentiment of his colleague, but said, “If it is true it is very disappointing. We are trying to know the exact status of the case. We are also interested to know whether this verdict is final or there can be any appeal.”
“It was a clear case of murder. There were witnesses. Our expectation was that the maximum penalty will be awarded to the accused,” he said, adding, “It was an opportunity for the Indians to right a wrong.”
Kurigram public prosecutor Advocate Abraham Lincoln, who accompanied Felani’s father to Cooch Behar, expressed his dismay at the verdict, saying, “This will encourage border killings by the BSF members.”
The judge of the one-member special court, SK Srivastava, also inspector- general of the BSF’s Guwahati frontier, began the trial at the BSF 181 battalion headquarters in India’s Cooch Behar amid restrictions on August 13.
When Felani was returning from India with her father Nurul Islam Nuru she was fatally shot at Anantapur along Kurigram border. Although her father had crossed over to Bangladesh, Felani’s clothes got entangled in the barbed-wire and BSF guards gunned her down.
The bullet-riddled body of the 15-year-old dangled from the fence for nearly five hours. She was reportedly alive for at least four hours. Local people said Felani had asked for water before bleeding to death.
Later, the BSF members took the body down, tied her hands and feet to a bamboo pole and carried her away. Felani’s body was handed over to her family the next day.
Photographs of the dead body, dangling from the barbed-wire fence, evoked widespread criticism and protests, forcing India to apologise to Bangladesh.
On August 18, a Bangladeshi team had travelled to India to testify before a special court. The team consisted of Felani’s father Nuru and uncle Abdul Hanif, public prosecutor of the Kurigram district judge’s court SM Abraham Lincoln and Lt. Ziaul Haque Khaled of the Border Guard Bangladesh (BGB) 45 Battalion.
Before their departure, Felani’s family members offered fateha at the grave of Felani and prayed for justice.
The BSF headquarters, on BGB’s insistence, formed the general security force court to punish those responsible for the incident after an investigation. After the investigation, the BSF submitted a charge-sheet in the case, stating that its member, Amiya Ghosh, had killed Felani with his 5.56 mm Insas rifle.
Ghosh was charged under Section 304 (unintentional killing) of the Indian Penal Code and Section 146 of the BSF Act.
On August 13, a one-man special court of the Indian border force began the trial of the killing of Felani Khatun about two years and eight months after the incident. Five BSF officers, led by Guwahati frontier DIG CP Trivedi, conducted the trial at its outpost number 181.
Meanwhile, “Masum,” an Indian human rights organisation working on border killings, termed the verdict “an injustice in the name of justice,” according to a report of BBC Bangla Service.
Kirity Roy, chief of the organisation, said firstly it was a denial of justice and secondly the right to life guaranteed by the Indian Constitution was violated through the verdict since Felani was shot dead within Indian Territory.
They are also thinking to lodge a case before the High Court or the Supreme Court of India challenging the verdict.
According to BGB, 214 Bangladeshis were killed during the last four and a half years by the BSF and Indian citizens.
-With The Independent input
