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Showing contexts for: BDR in Nirmal Lakra vs Union Of India (Uoi) And Ors. on 30 September, 2002Matching Fragments
The entire case, the learned counsel would contend, is based upon the 'Protest Note' received from the Company Commander BDR COY, Takerghat wherein the following allegations were made :-
"2. It is to inform you that on 12 January 1999 at about 1830 hrs (BST) two BSF personnel of your Lalghat camp illegally entered into Bangladesh with arms and ammunitions in drunk condition and engaged themselves in fighting with civilians of our country-near Takerghat Bazar 700 yds south of MP 1198 inside our territory. Later on they were apprehended by civilians and handed over to out Takerghat BOP. Such incident, by your troops is unexpected and a clear violation of Indo - Bangla Border Treaty
- 1975. it will hamper the present peaceful and cordial relationship between us."
But, thereto, a definite stand had been taken by the Company Commander of the BSF in his letter dated 13.01.1999, which is to the following effect :-
"Office of Coy Comdr.
BSF Barsora 13 JAN' 99 To The Coy Comdr.
BDR TIKKERGHAT.
Sub : Reply of protest - Note.
Ref. your protest-note No. Nil dt.
13.01.99.
Please accept my best wishes and convey the same to your troops.
It is to inform you that our BSF Jawans was on patrolling duty in the I.B. on 12.1.99, and they were not in drunked condition and they were well inside Indian territory.
No : 017201 Inadvertent crossing of I.B. No. 84005233 HC Mohinder Singh and No. 80003707 L/NK Nirmal Lakra of BOP Lal Ghat left for patrolling at about 121230 to Barsora Body No. 35452 and Butt No. 63 Body No. DJ 9091 with 50 RDs 7.62 mm. BDR and 3 mag each (.) They did not turn up to their BOP up to 1800 hrs. (.) at about 1900 hrs two civilians inform BOP Barsora that both personnel have been apprehended along with Arms and Amn by BDR Tekkarghat Post opposite Barsora (.) accordingly coy comdr. Immdly try to contact with BDR Post Tekkarghat for return these both personnels but BDR not responsed (.) at about 2100 hrs Bn HQ informed through Arty Conversation about this crossing(.) at about 122230 hrs Sh. Swaran Singh Dy Comdt came to this location with the direction of offg Comdt to hold the flag Meeting with counterparts (.) Letter No : ops/99/9 Dt. 12.1.99 was sent to BDR Post Tekkarghat. The flag meeting at BP No. : 1198/9S at about 122345 hrs 1st (.) Letter was sent through the civilians which was received by BDR Post Tekkarghat but BDR did not turn up for flag meeting up to 130030 hrs (.) again Messenger was sent to hold flag meeting but BDR not turn up in the pretext that their officer is coming from Bn HQ (.) They told through Messenger that they will return both personnels along with Arms and Amn. On arrival of their officer (.) effort are being continue to hold the flag meeting and to take both personnels along with Arms / Amn from BDR (.) Sd/-
H.S. Randhawa Coy Comdr.
A Coy Dt. 13/1/99."
COY LEVEL. FLAG MEETING. (.) COY LEVEL FLAG MEETING. HELD AT ABOUT 130825 TO 130845 HRS. AT BP NO. 1198/95 IN CONNECTION WITH INADVERTENT CROSSING OF TWO BSF PERSONNELS. OWN SIDE. SH-SWARN SINGH DY COMDT SUB. HS RANDHAWA AND 02 OR AND BD DIDE. COY COMDR TEKARGHAT SUB NOOR MOHD. AND 03 ORS ATTENDED (.) OWN SIDE ASKED THEM TO. RETURN. TWO BSF PERSONNELS ALONG WITH. ARM/AMN. TO BSF (.) THEY REPLIED THAT COMMANDANT LEVEL METING IS REQUIRED TO SHOT OUT THE MATTER (.) A FORMAL LATTER HAS BEEN HANDED TO BDR REP. HOLDING COMMANDANT LEVEL BORDER MEETING AT ABOUT 131200 HRS IST AT THE SAME PLACE (.) THEY PROMISE THAT THEY WILL RETURN. THE BSF PERSONNELS (.) MEETING ENDED AT CO-ORDIAL. ATMOSPHERE.