A writ petition has been filed by the Indian Border Security Force (BSF) at the border asking for appropriate compensation for Bangladeshi people, including killing and torture of Bangladeshi nationals. Supreme Court lawyer & International Human Rights Organization- Protection for Legal & Human Rights Foundation`s Director Mahmudul Hasan Mamun did this writ. The writ has been disputed by the Home Secretary, Foreign Secretary, Defense Ministry Secretary, Director General of Border Guard Bangladesh. A writ lawyer is expected to hear the writ next week.
It should be noted that the killing of Bangladeshi by BSF firing on the border is not new. However, such incidents have increased at an alarming rate over the past two months. The Foreign Ministry also raised concerns over increased border killings.
Earlier on January 25, Supreme Court lawyer Mohammad Mahmudul Hasan Mamun sent the notice. According to the notice, seven people were killed in BSF firing on the Bangladesh-India border in three days, according to news reports published in various newspapers on January 28 last. In addition, according to the human rights organization `Rights` report, between 1 and 25 BS, 1,100 Bangladeshi civilians were killed by BSF.
The notice also states that a total of six countries have borders with India. They are China, Pakistan, Myanmar, Nepal, Bhutan and Bangladesh. According to media reports, BSF mainly kills Bangladeshis on the Bangladesh border, and killing of non-combatants in India`s borders with other countries is almost zero.
Under the Border Guard Bangladesh Act, BGB has the responsibility of ensuring border security and preventing all international crimes including smuggling, smuggling of children, smuggling of drugs and smuggling across the border. But according to the constitution and the law, the BGB has failed to provide border protection to Bangladesh. As well as the issue of protecting Bangladesh`s sovereignty, the Defense Ministry and the Defense Forces have a constitutional and legal obligation.
The notice states that in accordance with Articles 8 and 12 of the constitution of Bangladesh, the right to asylum and protection of the life and liberty of individuals is a fundamental right of every citizen. On the other hand, every citizen has the right to a fair trial as per Article 5 of the constitution of Bangladesh. In that case, if any Bangladeshi citizen commits a crime at the border, he has the legal right and the right to justice. In this regard, the citizens of Bangladesh on the frontiers of notice failed to protect the fundamental rights stated in the constitution.
According to Indian law, if a foreigner enters India without proper papers, it can result in maximum jail term of up to five years and imprisonment under section 4 of Indian law. In this case, if a Bangladeshi enters India illegally, then Indian law has the right to be tried and BSF cannot kill Bangladeshi citizens in any way. In this case, BSF itself is killing Bangladeshi citizens without violating their Indian law. On the other hand, Bangladesh`s Foreign Ministry failed to take proper diplomatic steps to protect Bangladeshi citizens.