Asian Centre for Human Rights

I am writing to seek the intervention of the National Human Rights Commission against unprovoked firing on 20 year old tourist guide, Mr Kiran Rai by the Special Services Bureau (SSB) on 8 June 2003 under Darjeeling district of West Bengal.

The incident occurred at Meghma, on the route to Sandakphu, when an altercation broke out between SSB personnel and tourist guides of Mercury Himalayan Explorations (MHE), a Delhi-based organisation, which was conducting a camp for a group of 40 children of Kendriya Vidyalaya.

The altercation initially started because the SSB personnel had used the toilet of the MHE camp, which was exclusively built for the children of the camp. This allegedly happens often. The group leader objected to SSB personnel using the toilet, so he was assaulted. When Kiran Rai intervened, he was shot at by the armed SSB without any provocation.

Mr Kiran Rai, a guide of the Singalila National Park, was trained and authorised by the wildlife division-I, and is one of the 11 guides working with the MHE. Mr Rai has been undergoing treatment at Siliguri subdivisional hospital.

There are strict guidelines on the use of firearms under the Criminal Procedure Code. The UN Code of Conduct for Law Enforcement Personnel states "(c) The use of firearms is considered an extreme measure. Every effort should be made to exclude the use of firearms, especially against children. In general, firearms should not be used except when a suspected offender offers armed resistance or otherwise jeopardizes the lives of others and less extreme measures are not sufficient to restrain or apprehend the suspected offender. In every instance in which a firearm is discharged, a report should be made promptly to the competent authorities".

The SSB Inspector-General for North Bengal, Sikkim and Bihar, Mr A.C. Negi, told The Telegraph, "We have begun an inquiry into the incident. Any punitive action against the erring personnel can only be taken after the inquiry report is out." At the same time, Mr Negi also stated that "the incident was due to "accidental firing" and alleged that it was the SSB which was attacked by "hoodlums". "The fighting began when some people attacked the SSB camp. The rifle went off accidentally when someone was trying to snatch it from our personnel."

This clearly shows the prejudices before the inquiry started by a deputy commandant of the SSB.

As your honour is aware, such departmental inquiries are nothing but a means to whitewash the evidence.

I shall be grateful if the NHRC could kindly intervene by taking the following measures:

1. Direct the Ministry of Home Affairs and State Government of West Bengal to first register an First Information Report into the incident and conduct a judicial inquiry into the shooting of the tourist guide, Mr Kiran Rai to be completed within eight weeks;

2. Direct the Ministry of Home Affairs and the State Government of West Bengal to submit all the medical reports about the treatment of Mr Rai to the NHRC;

3. Direct the Ministry of Home Affairs and the State Government of West Bengal to bear all the medical expenses for the treatment of Mr Kiran Rai and the same be taken from the guilty SSB personnel;

4. Direct the Ministry of Home Affairs to pay compensation of Rs 100,000 to Mr Rai and that same is recovered from the guilty SSB personnel;

5. Direct the Ministry of Home Affairs to take appropriate action against the guilty SSB personnel and keep the NHRC informed on the issue; and

6. Take any other measure that the NHRC deems fit.

Looking forward to your kind intervention.

With kind regards,

Yours sincerely

Suhas Chakma
Director