The Meghalaya High Court has directed the BSF authorities to cooperate with the police investigation into the firing by BSF personnel that led to the death of Roning Nongkynrih near Wahkdait on the Pynursla-Dawki road.
Nongkynrih was driving the lorry ferrying cattle when suddenly he was shot by a group of BSF personnel on May 5. He died on the spot.
Although three BSF personnel allegedly involved in the firing have been arrested by the BSF, they have not been handed over to police for arrest and interrogation.
“The BSF authorities shall cooperate with the investigation of the matter and shall accord all necessary cooperation to the Investigation Officer in course of his investigation,” Justice Wanlura Diengdoh said in an order today.
In this regard, the High Court said that the BSF authorities are at liberty to make it convenient for the three accused to be questioned by the Investigation Officer as per his convenience.
The High Court also directed the Investigation Officer to function “within the parameters of settled and laid down procedures of law as required under the Code of Criminal Procedure and under the Border Security Force Act, 1968 and the rules thereof”.
Further, the court said that the Investigation Officer may resort to comply with the provision of Section 45 of CrPC as and when required.
The High Court passed the order after the BSF challenged the order passed by the Judicial Magistrate First Class, Shillong on May 15 in connection with the case registered against the BSF personnel accused in the firing.
It may be mentioned that a case has been registered against the BSF personnel at Pynursla police station under Sections 120B, 302, 201 of IPC read with Section 27 of Arms Act.
According to the High Court, the procedure of law which follows such an incident demands that the alleged offenders, who are BSF personnel, to be taken into custody which was done so by the BSF authorities.
In the meantime, an FIR was also filed regarding the said incident. The FIR filed before the Officer-In-Charge of Pynursla Police Station was registered as Pynursla PS Case No. 12(05) of 2023 and investigation commenced.
In the course of investigation, the matter was brought to the attention of the Judicial Magistrate First Class, Shillong who passed the order on May 15 directing the Commandant of 4th Battalion, BSF to hand over the accused persons (the three BSF personnel) to the Investigation Officer for the purpose of investigation.
The Deputy Inspector General, BSF, being aggrieved by the order of the Judicial Magistrate First Class, has approached the High Court with a prayer to set aside and quash the order passed by the Judicial Magistrate First Class.
During the hearing in the High Court, the State government consistently submitted that there is nothing wrong with the passed by the Judicial Magistrate First Class and as such, the Magistrate has not committed any error of jurisdiction or otherwise.
