New Delhi, the 29th December, 2009
The National Human Rights Commission has recommended that the Ministry of Home Affairs, Government of India pay Rupees 3 Lakhs as monetary relief to the next of kin of Gubalya Chakma who died in an incident of indiscriminate firing by the BSF personnel of the 105th Battalion in District Lunglei, Mizoram on the 15th April, 2006. It has also asked the Ministry to pay Rupees Fifty thousand each to the seven injured in the incident.
The Commission received a complaint from Suhas Chakma in April, 2006 regarding the incident alleging violation of human rights of the villagers. The Commission under case No. 3/16/2006-2007-PF issued notice to the Ministry of Home Affairs, Govt. of India calling for a report in the matter. The report of the 20th February, 2007 from DIG (Operations) BSF revealed that on the 15th April, 2006 Ummed Singh Mehta, Asstt. Commandant, BSF while driving in his official vehicle spotted a person on the way near village Bhulung Churi. He interrogated and manhandled him. He was a Buddhist monk. On his shouts for help, some monks and villagers surrounded the officer and assaulted him causing injuries on face. The other occupant of the jeep rushed to the BSF post and came back with BSF reinforcement to rescue the officer. On seeing this, the villagers started pelting stones on the BSF troops. The BSF opened fire in air to diffuse the situation. However, when it did not yield any results, the BSF opened fire on crowd. This left one villager dead and seven others injured. The BSF lodged FIR on the incident and all the BSF personnel involved in the incident, were tried by General Security Force Court (GSFC) on the 12th January, 2007. The GSFC awarded punishments to Umed Singh Mehta, AC (Retd) for forfeiture of 10 years' past service for the purpose of his pension. Inspector N B Bhat was awarded sentence for forfeiture of 3 years' of service for the purpose of promotion. The report said that Gyanabaran Chakma son of deceased Gubalya was appointed as a "Safai Karamchari" on compassionate grounds in the BSF as an immediate and long term relief. It is also said that there is no provision in BSF, Act, 1968 and BSF Rules, 1969 to grant compensation to any victim.
After considering the facts and circumstances of the case, the National Human Rights Commission observed that the report is suggestive of violation of human rights of Gubalya and the injured by the BSF personnel. Therefore, it recommended that the Ministry of Home Affairs, Govt. of India pay monetary relief to the deceased's next of kin and the injured persons. The Commission has also asked for a compliance report.