11 years have passed. But there was no fair trial for Felani’s murder at the Kurigram border. BSF member Amiya Ghosh has been acquitted in a verdict handed down by the BSF General Security Force Court. Although a writ petition has been filed in the Supreme Court of India against this verdict, date after date has changed. But the hearing did not take place. It is unknown at this time what he will do after leaving the post. Even then, Felani’s relatives, including his parents, are waiting in anticipation of a fair trial.
Today marks the 11th anniversary of Felani’s death in a BSF firing in India. Felani, a 14-year-old girl, was shot dead by BSF member Amiya Ghosh on her way home from India after crossing a barbed wire fence at Anantapur border in Fulbari upazila of Kurigram on January 7, 2011. His body was hanging on a barbed wire fence for five hours. After the process, BSF handed over Felani’s body to BGB.
Felani’s body was taken from the BGB by his uncle Abdul Hanif. Thirty hours after his death, Felani’s body was buried at his ancestral home in Colonitari village of Ramkhana union in Nageshwari upazila.
On the same day, a GD was lodged at Dinhata Police Station on the basis of an FIR lodged by the Company Commander of Chowdhuryhat BOP under the then 181 BSF Battalion at Cooch Behar in West Bengal, India (GD No. 349). On the same day, a UD case was recorded at the police station (Case No. 5/11).
When the incident caused a stir in the country and abroad, the BSF agreed to the trial of Felani’s murder. Following the UD case recorded at the police station, the trial of Felani’s murder began on August 13, 2013 at the BSF General Security Force Court. The court acquitted the accused BSF member Amiya Ghosh on September 6, 2013.
When Felani’s father Nur Islam and mother Jahanara Begum rejected the verdict, the BSF authorities decided to retry the case on September 13 of that year. In this context, the trial resumed on September 22, 2014 in the court consisting of the same judges. After postponing the date several times, on July 2, 2015, the court again acquitted Amiya Ghosh.
Felani’s father Nur Islam had gone to Cooch Behar, India to testify in the trial of the BSF General Security Force Court. Mama Abdul Hanif, who received Felani’s body, also went. Felani’s father also went to the BSF court to testify again during the retrial. Kurigram Public Prosecutor SM Abraham Lincoln went to the BSF court twice to assist him.
Meanwhile, Nur Islam, the father of Felani and Kiriti Roy, general secretary of the Kolkata-based human rights group ‘Banglar Manavadhikar Suraksha Manch-Masum’, filed a joint complaint in the Supreme Court of India in the first week of August 2015. Filed a writ (Writ Application No. 141/2015). Kurram’s public prosecutor SM Abraham Lincoln, along with Felani’s father Nur Islam, signed the writ petition.
In the writ petition, the Home Secretary of the Union of India, the Chief Secretary of the State of West Bengal, the Director General of the BSF and the Director of the Central Bureau of Investigation were named as defendants.
Earlier, on August 27, 2013, Felani’s father Nur Islam and Advocate Salma Ali, executive director of the Bangladesh National Women Lawyers Association, filed a writ petition in the Supreme Court of India. The two writ petitions were to be heard together. But so far there has been no hearing.
Kurigram Public Prosecutor SM Abraham Lincoln said the hearing was scheduled for August 28, 2016, after multiple changes. A two-judge bench comprising Justice NV Ramana and Justice Mohan M Santana Gowdhar of the Supreme Court of India listed item number 3 for the hearing but did not make it to the end. But the defendants have been protested by the Supreme Court. They have already responded to the show cause. But no hearing was held later. The writ has been dropped from the agenda at present. He does not know the latest status of the writ due to Corona.
Abraham Lincoln hoped for a fair trial. As a result, a fair trial was not held. There will be a fair trial in the Supreme Court. I hope that the observation of the Supreme Court in disposing of this writ will have a positive effect on the border management of the two countries. ”
For good governance, Nagarik’s district president Khandaker Khairul Anam and district human rights committee general secretary Aleya Begum said Felani’s murder needed to be tried to keep the friendly relations between Bangladesh and India intact. Because the behavior of BSF at the border in recent times has given rise to many questions. It has been shaken by faith and disbelief. It needs to end.
Felani’s father Nur Islam said, “I have testified twice in Cooch Behar.” I have described the atrocities of BSF member Amiya Ghosh. Even then he did not get a fair trial. I have filed a writ petition in the Supreme Court of India to get a fair trial. No hearing. Still did not give up hope. I’m waiting And as long as I don’t get a fair trial, I will keep asking for justice.