08.17.08
Hindu bombers break myth; Two terrorist arrested
Hindu bombers break myth; Two terrorist arrested

Mumbai: Two Hindu “terrorists” were arrested today for allegedly planting bombs at theatres, prompting the Maharashtra chief minister to say this had shattered “the myth” that all bombers came from a particular community.
Ramesh Hanumant Gadkari, 50, and Mangesh Dinakar Nikam, 34, are accused of targeting shows of Ashutosh Gowariker’s film Jodhaa Akbar and a Marathi play that is a spoof on the Mahabharat. They are charged with two blasts that injured several people and an attempted bombing.
Police said the duo were members of the Sanatan Sanstha and the Hindu Jana Jagruti Samiti, organisations involved in protesting “denigration” of Hindu religious icons as in, allegedly, M.F. Husain’s paintings.
“These (the bombings) were definitely terrorist acts as they were carried out by people motivated by an ideology,” said Hemant Karkare, chief of the anti-terrorist squad that nabbed the accused.
“The arrests? have broken the myth that persons belonging only to a particular community are involved (in blasts),” chief minister Vilasrao Deshmukh said.
Those arrested were produced before the Mazgaon court and sent to police custody till June 24.
According to information collected by the ATS, the Hindu Janjagruti Samiti was formed by Dr Jayant Athawle in 2002. It has protested against three major issues ? paintings of Hindu deities by M F Hussain, the Marathi play Yada Kadachit now called Amhi Panchpute, and the movie Jodhaa Akbar.
“Their sphere of activities extends into the hinterland. While we do not have evidence to directly link them to the Bajrang Dal or the Vishwa Hindu Parishad, they have protested together on occasions,” said Karkare, denying any link between the two accused and the Nanded blast and adding that all three were ‘clearly terrorist acts motivated by ideology’.
The ATS has indicated that more arrests are likely to follow in this case. “Gadkari and Nikam are full-time sevaks for Sanatan for the last three years. Their links with any terror outfit is yet to be established. Nikam taught Gadkari about bomb-making and one of the two bombs was manufactured within the premises of Sanatan Ashram,” said investigating officer B B Rathor. Nikam had provided a detonator and explosives to make the bomb.
The police got the clues from the number of the motorcycle used by the bombers. The licence number was entered in the log book of the Thane theatre’s parking lot. “We have got evidence of their involvement and are looking for at least half a dozen accused in this case,” said Param Bir Singh, additional commissioner of ATS.
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Bandh turns violent in Madhya Pradesh; 5 killed in Indore |
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Amarnath row: Bandh hits normal life, 2 dead in Indore |
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Shiv Sena, ABVP funded Maoists, says Naxalite during narco test
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Shiv Sena, ABVP funded Maoists, says Naxalite during narco test |
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Cops deny illegal detention of SIMI activist
Wife of an activist of Student Islamic Movement of India (SIMI) has said that police have illegally detained her husband in connection with the serial blasts in Surat.
However, Ahmedabad police have denied the allegation.
Sazia, wife of Sajid Mansuri, a SIMI activist, told reporters in Surat that her husband was picked up by the Special Operations Group of Bharuch police from Lukman Society in Bharuch last Saturday and has been untraceable since then.
Meanwhile, Joint Commissioner of Police, Ahmedabad, Ashish Bhatia who is heading the investigations in the serial blasts case has denied having detained Mansuri.
“Nobody by the name of Sajid has been detained by us in connection with the serial blasts,” Bhatia said.
Bharuch District Superintendent of Police Subash Trivedi also denied picking up any man named Sajid.
Sazia, who came to her relative’s place in Surat last week said, “We were sleeping when the police team came at around 10 pm to our house and took Sajid with them. They gave me a contact number and asked me to call them after two days.”
“When I called up the number, I didn’t get clear answers,” she said adding that Sajid is innocent and has not done anything wrong.
In 2001, police had arrested 123 SIMI activists who had gathered for a meeting at Rajshree Cinema hall in Surat. Sajid was one of the participants of the meeting held after the outfit was banned in 2000. However, he had managed to escape the arrest and has been absconding since then.
08.15.08
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Arthur Road Jail: cruelty on bomb blast accused continues |
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08.07.08
India: A pattern of unlawful killings by the Gujarat police: Urgent need for effective investigations
India: A pattern of unlawful killings by the Gujarat police: Urgent need for effective investigations
Amnesty International today issued an urgent call for independent, impartial and thorough investigations into at least 31 unlawful killings, including those of so-called “terrorist” suspects reported to have been carried out by police officers in Gujarat (western India) since 2002.
The call follows an admission by the Gujarat state government that senior officers of the state police, who were part of an anti-terrorist squad, were directly involved in the killing of a 38-year-old man, Sohrabuddin Shaikh, and his wife, Kausar Bi, in 2005.
The admission came as a result of the intervention of India’s Supreme Court which ordered continued investigations into this case. While welcoming these efforts, Amnesty International remains concerned that the vast majority of other reported unlawful killings have yet to be effectively investigated by independent and impartial bodies.
In the case of Sohrabuddin Shaikh, the Gujarat state government disclosed to the Supreme Court that he was shot dead by Anti Terror Squad (ATS) officers, and that although he had been facing criminal charges including extortion, he had not been linked to terrorism. After his killing in 2005, the ATS branded him a terrorist member of Lashkar-e-Toiba (LET), an armed organisation in Kashmir, and accused him of conspiring to kill senior leaders of the former ruling Bharatiya Janata Party (BJP), including Gujarat chief minister Narendra Modi.
The state government also admitted that the ATS officers shot dead his wife, Kausar Bi, possibly because she had witnessed her husband’s killing, and later burnt her body. There is concern she may also have been sexually assaulted. Another key witness in the case, Tulsiram Gangaram Prajapati, was also shot dead by ATS officers - who were already under investigation for the killing of Sohrabuddin Shaikh. Six police officers have been arrested in connection with the case.
Human rights organisations and opposition parties have accused the Gujarat authorities of attempting to undermine the Sohrabuddin Shaikh investigation, after reports emerged claiming the perpetrators were under the orders of a criminal gang linked to the mining industry in neighbouring Rajasthan. The Supreme Court also sought an explanation from the Gujarat government as to why Geeta Johri, an investigator from the state crime branch police assigned to the case, had been relieved of this responsibility. Geeta Johri was subsequently reassigned to the investigation.
Unlawful killings since 2002
The unlawful killings in Gujarat since 2002 include both so-called “terrorist” suspects, and those accused of ordinary criminal offences (see Appendices A and B). The government of Gujarat has stated that 21 such killings took place in the state during 2003-2006. A petition filed by a journalist, B. G. Verghese, seeking independent inquiries into these killings, is pending at India’s Supreme Court.(1)
Amnesty International is gravely concerned that the common features of the killings reveal a systematic pattern:
· At least 16 of the 31 killings, including those of two women, were carried out by the present or former ATS officers.(2)
· Almost all of the victims were killed in the early hours of the day.
· The majority of these killings took place at Ahmedabad.
· Thirteen of those killed belonged to the minority Muslim community.
· The ATS claimed that those it had shot dead were “terrorists”, conspiring to either kill the chief minister or state and national BJP leaders or intending to set off explosions in Gujarat; and at least six of them hailed from Pakistan.
During the same period, at least 15 other killings were carried out by the Gujarat police elsewhere in the state.(3)
· All of the killed faced criminal charges and four belonged to the Muslim community.
· The police versions of these killings were similar in nature: police claimed that all of them died after police fired in self-defence in the course of a “confrontation” either at the time of arrest, or in custody.
· Of the 16 killings, only one appears to have been fully investigated, resulting in the conviction of the police officer concerned in a court of law.
Gujarat: entrenching a climate of impunity
The recent upswing in such killings by the Gujarat police began after communal violence in March 2002 - in which 2,000 people, mostly Muslims, lost their lives - and an armed attack on Akshardham temple in September 2002, in which 37 Hindu devotees and three security personnel were killed.
During this period, the Gujarat government repeatedly claimed it was taking action to foil a series of conspiracies against the state. It had alleged that Islamic fundamentalist militants backed by Pakistani intelligence services had planned these conspiracies in retaliation for the mass killings of Muslims during the March 2002 communal riots.
In late 2003, however, Amnesty International extensively detailed human rights violations - including illegal detentions in Ahmedabad and elsewhere — which were fostering a climate of impunity.(4)
The climate of impunity strengthened over this period. Police and other security personnel believed to be responsible for widespread violations of human rights against the Muslim minority, especially the youth, in Ahmedabad and elsewhere in Gujarat, could operate without fear of investigation or prosecution.
Persistent failures to heed calls for investigations (see also Appendix A)
In 2006, the Supreme Court ordered the Gujarat police to conduct an inquiry into the killing of Sohrabuddin Shaikh, following which six police officials including the former head of the ATS were arrested. Till then, demands for investigations into reported killings by the ATS were routinely ignored.
In one of the cases (that of Samir Khan Pathan killed in 2002), 12 persons were arrested following Samir Khan Pathan’s “confession” while he was in detention. After his killing, they were all released by courts. Subsequently, the state crime branch police had submitted a report questioning the ATS’ version of Samir Khan Pathan’s killing; the same was seconded by another wing of the Gujarat police, but no action was taken.
In two instances where those killed hailed from other states, those of Ishrat Jahan and Javed Shaikh (2004), police from these states launched their own investigations which went on to reveal that they had no criminal or terrorist record as alleged by the ATS. However, the Gujarat government chose to ignore these findings and failed to pursue its own investigations into the killings.
In the case of the two of the killings, those of Samir Khan Pathan (2002) and Ishrat Jagan (2004), India’s National Human Rights Commission (NHRC) sought reports from the Gujarat government as to whether the NHRC guidelines for investigating such incidents were being followed.(5). The Gujarat government failed to order such investigations until the intervention by the Supreme Court. This is despite the fact the NHRC guidelines clearly stipulate: “In cases where the police officers belonging to the same police station are members of the encounter party, it is desirable that such cases are made over for investigation to some other independent investigating agency, such as the state crime branch police”.
The duty to protect the right to life and to conduct effective investigation into all unlawful killings
Following the Gujarat government’s recent disclosures in the Sohrabuddin Shaikh case, relatives of at least three of those killed by ATS officers, and branded as “terrorists” intend to petition the judiciary for independent inquiries into the killings.
The state of India (the Union government) and the government of Gujarat have an obligation to protect the right to life as guaranteed by Article 21 of the Indian Constitution(6) and in international human rights law.
Article 3 of the Universal Declaration of Human Rights states: “Everyone has the right to life, liberty and security of person”. Article 6(1) of the International Covenant on Civil and Political Rights (ICCPR), to which India is a party, states: “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life”. Article 4 of the ICCPR states that this right cannot be waived “even in times of public emergency threatening the life of the nation”. Unlawful and extrajudicial killings clearly contravene the right to life.
Under Article 2(3) (a) and (b) of the ICCPR, State parties are obliged to ensure that remedies are available to the victims of human rights violations and that those remedies are effective.
The Indian government ratified the ICCPR in 1979. By ratifying an international treaty which enshrines the right to life, India is obliged not only to respect that right in principle, but also to ensure it is not violated in practice. The ICCPR imposes a clear duty on states to investigate alleged violations of the right to life “promptly, thoroughly and effectively through independent and impartial bodies”.(7)
Such investigations are a critical factor in the prevention of further unlawful killings. Without adequate investigation of complaints of extrajudicial killings, there can be little hope of prosecuting and convicting the perpetrators.
Recommendations
- Amnesty International calls on the government of Gujarat and the Union government to:
· set up prompt, thorough and impartial judicial inquiries urgently into all the reported unlawful killings by Gujarat police since 2002;
· to make the terms of reference of such inquiries available publicly;
· and ensure that the inquiries comply fully with the requirements of Principle 18 of the UN Principles on the Effective Prevention and Investigation of Extralegal, Arbitrary and Summary Executions.(
- Under India’s Code of Criminal Procedure, 1973, the Union or state government needs to sanction the arrest or criminal prosecution of public servants, including police officers and members of the civil or armed forces. This law has not been amended to ensure that public officers who violate human rights are no longer protected from prosecution, despite repeated calls to do so from human rights organisations.
Amnesty International calls for
· Assurances from the government of Gujarat that state sanction/permission will be given for the prosecution of public servants responsible for unlawful killings
· All those responsible for such killings to be afforded due process and brought to justice in trials which comply with international standards of fairness
· Those convicted not to be given the death penalty as this punishment contravenes the right to life and the prohibition of cruel, inhuman or degrading treatment or punishment.
· The family and dependents of all the victims to be adequately compensated in accordance with Principle 20 of the Principles on the Effective Prevention and Investigation of Extralegal, Arbitrary and Summary Executions.(9)
- Amnesty International is concerned that the NHRC and the Gujarat Human Rights Commission have been unable to ensure that that all the complaints and reports of unlawful killings in Gujarat are adequately investigated. The NHRC has also been unable to ensure that the guidelines issued by it are fully respected by the authorities in Gujarat.
· The NHRC must review urgently its current policy and practice of monitoring unlawful killings, to ensure its guidelines on investigations are followed by the authorities.
APPENDIX A
LIST OF UNLAWFUL FILLINGS OF SO-CALLED “TERRORISTS” IN GUJARAT 2002-2006
| Names etc., | Case details | Date, time and place | Details of execution | Follow-up details |
| 1. Samir Khan Pathan | 23 October 2002; early hours; Usmanpura Garden, Ahmedabad. |
Resident of Ahmedabad, Gujarat. Police claimed he was arrested on 1 October 2002, but according to his relatives he was arrested on 27 September 2002. The court remanded him to further police custody. Shot dead well past midnight on 22 October 2002. Police claimed he had faced several charges including killing a constable in 1996. Police claimed that he later procured a fake passport, went to Pakistant o receive arms training, was working for Lashkar-e-Toiba (LET), an armed organisation in Kashmir, and was conspiring to kill Gujarat chief minister Narendra Modi. Police claimed that he was shot dead while trying to flee from custody. |
On 11 November 2002, the National Human Rights Commission (NHRC) sought a report, within two weeks, from the Gujarat police, whether investigation into the incident was done as per its guidelines enunciated on 29 March 1997. The Gujarat police’s response to this was unknown. On 2 January 2003, 13 persons arrested earlier on the basis of Pathan’s confession were released as per the orders of a local court. The Gujarat police challenged this order but the Gujarat High Court upheld their release as it held there was no way to verify the confession since Pathan was dead. The Supreme Court later upheld their release. In 2003, the Gujarat CID (crime branch) police submitted an internal report questioning the ATS account of the execution; in 2005, this report was seconded by the Gujarat inspector-general (human rights and social justice) but no action was taken. Pathan’s father now plans to move the Supreme court for an independent inquiry. |
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| 2. Sadiq Jamal Mehtar (20) | DCB 3/03E; IPC 120B, 121, 122,123, 307; Arms Act 25A(1) (B) |
10 January 2003; 0400 hrs; Galaxy cinema, Naroda, Ahmedabad |
Resident of Jashonath Chowk, Bhavnagar, Gujarat. Shot dead. Police claimed he opened fire at them and they fired in self-defence. Police claimed he was working for Dawood Ibrahim, Chota Shakeel, the LET and Pakistan’s Inter-services intelligence agency (ISI) and was conspiring to kill Narendra Modi, former Deputy Prime Minister LK Advani and Viswa Hindu Parishad leader Pravin Togadia. Police claimed they received a tip-off from central intelligence agencies. |
Later that year, a private complaint was filed by Mumbai-based Kiran Tirodkar before a city special court that he had met Sadiq as a domestic help in Dubai who had lost his family members and his house in the 2002 Gujarat communal violence. It claimed that, on Sadiq’s return to India, a Mumbai police officer handed him over to the Gujarat police to facilitate the extrajudicial execution. |
| 3. Ganesh Khunte 4. Mahendra Chandrakant Jadhav | DCB 8/03; IPC 120B, 121, 121 A 122, 123, 307; Arms act 25(1)(B)(a) |
23 June 2003; 0230 hrs; Gandhi Road, Panch Kuva, Kappad Bazar, Ahmedabad |
Both residents of Mumbai city, Maharashtra. Shot dead. Police claimed that the two opened fire at them and they fired in self-defence. Police claimed they were working for Dawood Ibrahim, Chota Shakeel and the ISI and were conspiring to kill Gujarat law minister Ashok Bhatt and a BJP legislator, Bharat Bhanot. |
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| 5. Israr Shaikh alias Pahelwan | 2003-2004 Ahmedabad |
Police claimed that he was wanted in several cases. Shot dead. |
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| 6. Zeeshan Johar alias Janbaaz alias Abdul Ghani. 7. Amjad Ali Akbar Rana alias Salim alias Chandru alias Raju alias Rajkumar 8. Javed Shaikh alias Pranesh Kumar Pillai 9. Ishrat Jahan Raza (female, 19) |
DCB 8/04 IPC 120B, 121, 121A 122, 123, 307 Arms act 25(1) (B)(a), 27, 29; POTA 3(3), 20,21, etc, |
16 June 2004; 0430 hrs; Lotarpur Waterworks, Naroda, Ahmedahad |
Police claimed that Zeeshan was a resident of Gujaranwala district and Amjad, a resident of Sargoda district, (both Punjab, Pakistan). Javed was a resident of Goregaon, Pune city, Maharashtra. Ishrat was a student from Mumbra near Mumbai, Maharashtra. Shot dead after a car chase.. Police claimed that they fired in self-defence at the car from which firing was done. Police claimed that they were working for the LET and conspiring to kill Narendra Modi and were trying to enter Gujarat with the help of banned terrorist organisations. |
The killings of Ishrat and Javed created a controversy in their home states of Maharashtra and Kerala where police said they had no criminal records or links with terrorist activities. On 18 June 2004, the NHRC had sought a report, within six weeks, from the Gujarat police whether its guidelines on investigating such incidents, enunciated in letters dated 29 March 1997 and 2 December 2003 to chief ministers, were being followed. The Gujarat police’s response to this was unknown. Following the findings of the investigation into the execution of Sohrabuddin, Ishrat’s mother in Maharashtra and Javed’s father in Kerala are planning to file petitions seeking independent inquiries into their killings. |
| 10. Sohrabuddin Shaikh 11. Kausar Bi, wife of Sohrabuddin. |
26-28 November 2005; Ahmedabad and Ilol. | Both residents of Jharnaya, Madhya Pradesh. Shot dead. Police claimed that Soharabuddin Shaikh, who was facing a number of criminal charges, was an agent of the LET and that he was conspiring to kill top political leaders in Gujarat including Narendra Modi. Kausar Bi went missing. |
The Government of Gujarat has admitted, before India’s Supreme Court, that, on the early morning of 23 November 2005, the ATS officers had abducted the two, along with Prajapati, killed Sohrabuddin Shaikh and Kausar Bi from a bus travelling from Hyderabad in Andhra Pradesh to Sangli in Maharashtra; they later killed Sohrabuddin Shaikh and Kausar Bi and burnt her body. This admission came after an investigation done by an officer of the Gujarat state police crime branch, as per the orders of the Supreme Court on a petition filed by the victim’s brother, Rubabuddin Shaikh who is fighting a legal battle. Following the investigation so far, six police officers — including three senior officers D. G. Vanzara, Rajkumar Pandyan, M. N. Dinesh Kumar — have been arrested. |
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| 12-15. Four youths |
17 March 2006; 0330 hrs; Vinzol, Ahmedabad |
Police claimed that at least three of the four were Pakistani nationals including Azaan, a commander of Harkat-ul-Mujahideen, an armed organisation in Kashmir, and Mohammed Ayub Bhatt, another member of the same organisation. The third person was Mudasser alias Javed Ahmad Dar and the fourth remains unidentified. Shot dead during a raid when the four fired on the police. Police fired in self-defence. Police claimed they were working for Harkat-ul-Mujahideen and working to recruit youth, bomb places of worship and kill key political leaders. |
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| 16. Tulsiram Gangaram Prajapati | 28 December 2006 Banaskantha district. |
Resident of Ujjain, Madhya Pradesh. Shot dead. Police claimed that he was a member of the Sharif Pathan gang and that he tried to escape while being taken in a train from Ahmedabad to Udaipur in Rajasthan. |
See Sohrabuddin Shaikh-Kausar Bi killings (No. 10 and 11). Ongoing investigations have revealed that Prajapati was abducted along with them on 23 November 2005. He was killed on 28 December 2006 even as the investigations were going on. |
APPENDIX B
LIST OF OTHER REPORTED UNLAWFUL KILLINGS IN GUJARAT 2002-2006
| Names etc., | Case details | Date, time and place | Details of execution | Follow-up details |
| 1. Anil Bain Mishra Behari | Pandesara GR 34/03; IPC 307; Arms act 25; BP act 135 |
11 March 2003; 1830 hrs; Surat |
Resident of Pandesara, Surat, Gujarat. Shot dead. Police claimed he assaulted them while they were trying to recovering arms and they fired in self-defence. |
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| 2. Jalabhai Popat Bhai Devi Poojak (24) | BDV 40/04 IPC 307, 332, 337, 188. |
17 January 2004; 1730 hrs Lavaji Crematorium, Chowraya Beat, Rajkot |
Resident of Kubli Yapas, Rajkot, Gujarat. Shot dead. Police claimed that he was wanted for criminal charges and that he attacked them with stones and knife and caused injuries in the course of a body search when they fired in self-defence.. |
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| 3. Mahesh Dipak Garwali. | Umra 36/04; IPC 307; Arms act 25 |
21 January 2004; 0100 hrs; Farm near City line Road, Surat |
Resident of Garwali Chowki, Uttaranchal. Shot dead. Police claimed that he snatched a revolver from the police when they were trying to nab other wanted persons and that the police fired in self-defence. |
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| 4. Mitho Umar Dafer (35) | Vasad 35/04 IPC 395,397, 332,333; BP Act 135 |
14 March 2004; 0230 hrs; Sundar Railway Phatak, Anand |
Resident of Padana, Dhanduka taluk, Ahmedabad district, Gujarat. Shot dead. Police claimed that he was facing several criminal charges and that he attacked a police officer while being chased after looting a truck as part of a group. Police fired in self-defence. |
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| 5. Dinesh Navubha Jadeja alias Bako | Bhachau police station IPC 307 |
15 April 2004 Bhachau police station, Kutch | Resident of Bhachau, Gujarat. Shot dead in the police station. Police claimed that Bako came to the police station to meet his friend Devo who had been arrested under the Goondas Act the previous day and demanded his release. Police claimed Bako tried to snatch the service revolver of a police officer. Police fired in self-defence. |
The victim’s brother Mahendrasinh Jadeja, filed several petitions. In 2005, the Gujarat government ordered a CID inquiry into the case. Following the investigation, on 2 May 2007, a Gandhidham court convicted police officer Manjitbhai Dabhi and sentenced him to life imprisonment. |
| 6. Salem Gagjibhai Miyana (23) | BDV 180/04; IPC 307, 332, 337, 186, 504; | 4 May 2004; 1230 hrs; GH Board III Floor, Rajkot |
Resident of G H Board, Rajkot, Gujarat. Shot dead. Police claimed that he was facing several charges of bootlegging and that he attacked them with an iron rod injuring the right hand of the policeman searching his residence when they fired in self-defence. |
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| 7. Subhash Bhaskar Naik | Vyara 94/04 IPC 307, 392, 332, 353; Arms act 25, 27 |
4 June 2004; 0620 hrs; Barekhadi Patiya, Surat |
Resident of Kallu, Pathanapuram, Kollam district, Kerala. Shot dead. Police claimed that he was facing several criminal cases and that he snatched a revolver and fired at the police while being taken from Surat to Nawapur. Police fired in self-defence. |
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| 8. Kashyap Harpal Singh Dhaka (22) | Kareli Bagh 227/04; IPC 307, 224; Arms Act 25, 27 |
14 August 2004; 1815 hrs; Harni village, Motnat Mahadevwala Road Canal, Vadodara |
Resident of Dhakeli Taluk, Khedka, Baghpat district, Uttar Pradesh. Shot dead. Police claimed that he was wanted in several criminal cases and that he tried to scare police using a dummy revolver. Police fired in self-defence. |
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| 9. Sanjay alias Sanju alias Rahul Sharad Prasad Chowdhry | PS Umargam 336/04 IPC 307, 332 Arms act 25, 27 |
26 November 2004 0610 hrs RK Farm Nursery, Ketli village, Bilan Sanjan Road, Valsad district. |
Resident of Bilad, Umargam taluk, Valsad district, Gujarat. Shot dead. Police claimed that he was facing several criminal charges; when police was taking him from Valsad to Umargam, he snatched the commando carbine and fired at the police,. Police fired in self-defence. |
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| 10. Mer Bhima Manda Adhedara (37) | Sheel 77/04 IPC 307, 506(2) Arms Act 25 |
29 December 2004; 0935 hrs; Miti village. Junagarh district. |
Resident of Miti village, Junagarh district, Gujarat. Shot dead. Police claimed that he was facing several charges and that they had taken him to a field to recover his hidden pistol and he suddenly used another hidden pistol to fire at them injuring a policeman. Police fired in self-defence. |
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| 11. Rajeshwar alias Mintu | 9 April 2005; 0230 hrs; Dedarda village, Anand |
Resident of Patna, Bihar. Shot dead. Police claimed that he was wanted in several criminal cases and that when they went to arrest him, he snatched a policeman’s revolver and ended up pressing the trigger twice resulting in death. |
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| 12. Rafish alias Bapudi Mohammed Shah Faquir | Jethpur 124/05. IPC 307, 397, 333, 353, 188, 189; Arms act 25(1)A, 27; Damage to property act 3, 7 |
18 July 2005; 2125 hrs; Marketing yard; Jethpur. |
Resident of Dharagarh, Jamnagar district, Gujarat. Shot dead. Police claimed that when they took him to recover a revolver, he snatched policeman’s revolver and fired at them injuring a policeman. Police fired at him in self-defence. |
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| 13. Dongaria Himla Machar | IPC 307 BP Act 135 |
25 August 2005; Maraigaon, Valsad district. | Resident of Madhya Pradesh. Shot dead. Police claimed that he attacked them with a dagger when they had gone to arrest him. Police fired in self defence. |
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| 14. Haji Haji Ismail Suzania | Umargam 244/05 IPC 307 Arms Act 25, 27 |
9 October 2005; Nandigram | Resident of Salaya Taluk, Jamnagar district, Gujarat. Police claimed that he was wanted in several criminal cases and that when they went to arrest him, he fired at them. Police fired in self-defence. |
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| 15. Joginder Singh Khattan Singh Sikh. | Valsad City 11/06 IPC 307 Arms act 25, 27 |
2006 Nanak Wada village School Compound District Valsad |
Resident of Billimoria Devsar Sikh camp, Valsad, Gujarat Shot dead. Police claimed that he was wanted in several criminal cases. When they went to arrest him, he tried to escape but his motorcycle slipped. Police claimed that he attacked them with a dagger and a country-made gun. Police fired in self-defence. |
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(1) Reply to Question No. 16840, Details of encounters with police in the state 2003-2006, from the Proceedings of the Gujarat assembly, cited in Writ Petition (Criminal) 31 of 2007, B. G. Verghese vs. Union of India, State of Gujarat and the National Human Rights Commission (NHRC).
(2) Those killed included persons hailing from the states of Maharashtra, Madhya Pradesh, Jammu & Kashmir and Kerala. The age of those killed wherever one finds a mention, was between 19 and 38.
(3) Those killed included persons hailing from the states of Uttar Pradesh, Uttaranchal, Bihar, Madhya Pradesh and Kerala
(4) See Amnesty International Report, India: Abuse of the law in Gujarat — Muslims detained illegally in Ahmedabad, AI Index 20/029/2003, 6 November 2003). Hundreds of persons, almost all of them Muslims, suspected of involvement in a range of alleged conspiracies against the state, had been detained. Those who faced incommunicado detention had to endure torture or degrading treatment at Gaekwad Haveli and other places in Ahmedabad. Those formally arrested numbered 240, including 239 Muslims, and the various human rights violations against them were facilitated by provisions of the Prevention of Terrorism Act, 2002 (POTA) under which they were charged. Many of them had spent long periods in illegal detention prior to their formal arrest. This widespread use of illegal detention and discriminatory use of POTA against members of the Muslim minority was reported to have intimidated the Muslim community who were too scared to make official complaints. The condition was such that only a handful of habeas corpus petitions were filed on behalf of those illegally detained, because of the overwhelming fear of retribution amongst relatives and even lawyers. Also, there was persistent harassment and intimidation of human rights defenders working with members of the Muslim community in the state. For example, see Amnesty International’s Urgent Action update, Fear for the safety of Teesta Setalvad, Rais Khan Azeezkhan Pathan, Suhel Tirmizi and other human rights defenders in Gujarat state, AI Index: ASA 20/024/2003, 2 September 2003).
(5) See http://nhrc.nic.in/ for Letter dated 29 March 1997 from NHRC chairperson Justice M. N. Venkatachaliah to chief ministers regarding the procedure to be followed in cases of deaths in police encounters and Letter dated 3 December 2003 from NHRC chairperson Justce A. S. Anand on Revised guidelines/procedures to be followed in deaths occurring in police encounters.
(6) Courts in India have repeatedly held that the right to life guaranteed by the Article 21 is inviolable. See Challa Ramkonda Reddy vs. State of Andhra Pradesh, All India Reporter, 1989 AP 235 and All India Reporter 2000 SC 2083.
(7) Human Rights Committee, General Comment No. 31, “Nature of the legal obligation on States Parties to the Covenant” para.15.
(
Under the Principles, the inquiries should seek to determine the cause, manner and time of death, the person(s) responsible, and any pattern or practice which may have brought about the deaths. They should include an adequate autopsy, collection and analysis of all physical and documentary evidence and statements from witnesses.
In accordance with Principle 17 written reports shall be made within a reasonable time on the methods and findings of each inquiry. These shall be made public immediately and shall include the scope of the inquiry, procedures and methods used to evaluate evidence as well as conclusions and recommendations based on findings of fact and on applicable law. The reports shall describe in detail specific events that were found to have occurred, and the evidence on which such findings were based.
(9) The NHRC guidelines states that the ”question of granting of compensation to the dependents of the deceased would depend upon the facts and circumstances of each case”.
07.26.08
Communal Riots - 2005
Communal Riots - 2005
By Asghar Ali Engineer
22 January 2006
Like 2004 the year 2005 was also comparatively less violent as far as communal riots are concerned. In fact it is Gujarat, which takes the cake. Perhaps for years to come nothing like Gujarat carnage is likely to take place. Communal carnage of the kind, which took place in Gujarat is not possible without active support of the state machinery. But that does not mean communal violence does not take place at all. It does.
One can put communal violence under two categories: 1) Communal violence which is carefully planned and executed with political or state support or at least with subtle state connivance. Such violence results in great losses of lives as well as properties. It goes on for a long period of time and is deliberately not controlled unless the stated goal is achieved. Anti-Sikh riots of 1984, Bhagalpur riots of 1989, Mumbai riots of 1992-93 and Gujarat riots of 2002 are its obvious examples.
2) Those riots which spontaneously break out on minor causes like dispute on land or money matters between two individuals or groups, knocking out somebody accidentally by car or scooter or construction of mosque or temple etc. Since these are unplanned and spontaneous clashes can be easily controlled, given little determination on the part of police. And in such riots few lives are lost or not much damage is done to properties.
The second category of riots takes place as a result of constant communal propaganda. It is important to note that absence of communal violence does not mean absence of communal propaganda. Communal propaganda goes on riots or no riots. Thus communal forces keep on poisoning the minds of people and keep on promoting animosity between the communities. And so skirmishes continue.
Communal Riots in 2005
It began with Vadodra, Gujarat on 4th February. Gujarat is highly communalised state today in India, thanks to BJP rule and Narendra Modi’s open hostility to Muslims. Trouble began when people in a marriage procession, accompanied by DJ and high power music system, allegedly beat up an auto-rickshaw driver passing on the same rout when he complained of traffic jam. The driver belonged to the minority community, ran away after being beaten up. Soon thereafter a mob came and pelted in stones. A posse of policemen rushed and lobbed four tear gas shells. About a dozen people including a policeman were injured. Four persons were arrested and police also seized the music system.
The rioting in Vadodra was followed by one in Jaunpur village Khetasarai on 4th February. Here it was result of dispute about a cemetery land. In this one woman was killed and 23 persons were injured. Communal tension mounted in the area subsequent to this incident. Violence erupted when some people hoisted saffron flag on the cemetery land when settlement process was on. Then people of one community set fire to two houses of another community. And in response to that people of another community set fire to one shop. Then PAC reinforcements were brought. The people of two communities gathered in large numbers and raised slogans against each other. The police arrested 23 persons from both the communities.
On 8th February communal violence broke out in Rajnandgaon of Chattisgarh. This was result of two girls having fled from their houses and two groups fought on that. Then firing began and then first 144 was clamped and then curfew in the area. There was no news, however, of any death.
Then it was turn of Azamgarh district on 9th February when dispute on distribution of kerosene in Diwali Khalsa village in which 12 persons were injured. Some people belonging to another community tried to enter the queue out of turn and situation went out of control. The police rushed to the spot and controlled the situation.
Again a village in Vadodra district witnessed communal clashes on 11th February when two cyclists belonging to different communities fought. Fifteen persons were injured including a leader of VHP. Many houses were also damaged. The police was keeping a vigil to keep control over the situation.
Next we see communal rioting in Nagazmangala town of Mandya district in Karnataka when an idol was taken from the temple and thrown on the road. However, no one knows who was the culprit. After the rouble broke out rioters, Hindus as well as Muslims went on a rampage in the town. It is said properties worth crores of rupees were destroyed. The police lobbed teargas shells and fired five rounds in the air.
Agra witnessed riots on 13th February in Tajganj near Tajmahal when someone from one community teased a girl from another community. Many houses were set afire after this incident and stoning on large scale started. The police maintained that since police inspector of Tajganj police station had gone out the rioting took such fierce form. He said there was incidence of firing also between two communities. Many illegal arms were found in the area.
Next it was Sanbhalnagar of Moradabad that communal violence erupted on the occasion of Moharram on 19th February. These are communally highly sensitive areas. Rioters resorted to firing in Sanbhalgarh. The police arrested 100 persons from both the communities.
On the same day Lucknow witnessed rioting between Shias and Sunnis in which 3 persons lost their lives and 40 were injured in the old city. Government announced compensation of Rs. 5 lakhs for every person died. 10 shops were looted. The trouble started with Muslims of one sect threw stones on Tazia procession of another sect. Many shops were set on fire. The Shia and Sunni leaders have appealed for peace. Later on 22nd February Banaras also saw sectarian violence between Shias and Sunnis in which 24 persons were injured and when dispute started on Tazia procession due to falling of tree on the way. The curfew was imposed which continued even on the third day of incidents.
Dhar in M.P. also witnessed communal disturbances on 22nd February after an explosion and curfew was clamped. Curfew was clamped after stone throwing and setting fire to properties. Ten persons were injured including policemen. An auto rickshaw was set on fire near the bus stand.
Bhilwada, thanks to activities of Bajrang Dal and VHP, has become extremely sensitive town. On 13th March town became very tense after murder of a Bajrang Dal man. For three days curfew remained in force. In Naseerabad in Ajmer District experienced communal tension when a religious leader was injured in Chaprasi Mohallah.
In Mandal, in Bhilwada district more violence erupted on 8th April when some miscreants hoisted saffron flag on a mosque. Muslims were agitated and they filed FIR and the police promised to act against the culprits. Muslims then took out a silent procession and submitted a memorandum. Then in the evening a procession of Charbhujanath was taken out and it stopped near Lakhara chowk and lot of gulal (a coloured powder) was thrown around and at that time some stones were thrown by unknown people. No one knows who threw stones. All those who live around this chowk are Hindus and stones mainly came from the roofs of Hindu houses. It could be the conspiracy of those who were involved in hoisting saffron flag on mosque in the morning.
Immediately after this situation went out of control and 11 Muslim shops and two houses were burnt to ashes and two mazars (mausoleums) were uprooted and Madina Masjid was damaged and one motor cycle was set on fire. Then curfew was imposed at 7-30 p.m. but before it a person called Kanhaiyya Das, who was among the rioters was killed in police firing. The miscreants put his dead body outside a temple and spread rumor that some Muslims entered the temple and killed him.
The police who knew better registered an FIR under pressure from BJP, VHP and even some Congress politicians and it arrested 25 Muslims and beat them up mercilessly. In search operation for illicit arms in Muslim houses many women were also beaten up. Thus Muslims had to suffer financially and physically. In Mandal there were cordial relations between Hindus and Muslims but BJP-VHP combine do not like Hindu-Muslim unity.
Then in Kareda Tehsil suddenly one found flags on Hindu temples with 786 Muslim sacred symbol) inscribed on them and some animal bones. One can well understand who must have done it. Kareda markets remained closed for 72 hours. The Sangh Parivar fixed the responsibility of this on a sufi saint of Kareda Sailani Baba and described his centre as centre of Pak agents and smugglers and demanded his removal from there and threatened that if administration did not act then it will be converted into Gujarat. Communal tension continued there for many days.
Sailani Baba who has Hindu and Muslim disciples was subjected to thorough search but nothing incriminating was found there. And one who had desecrated the temples was nothing but a Shiv Sena activist Ramratan Jhanvar. The whole conspiracy was exposed and Hindus were stunned by such blatant act.
Holi is another occasion when communal skirmishes invariably take place in some communally sensitive areas. Three persons were killed and several others injured. In Balrampur U.P. people in Subhashnagar and Gandhinagar clashed and set fire to several shops. When the procession was passing through a religious place stoning began and clashes started. The police imposed curfew. Police has filed FIR against 52 persons and have arrested 35 so far.
In Rajasthan curfew had to be imposed in Sojat town in the Pali district on 27th March following clashes between two communities during a dance procession on the occasion of Holi. A dozen persons were injured in the clash. According to the police sources, the incident occurred on Saturday evening as a traditional Holi dance procession passed through a Muslim locality and suddenly both side started pelting stones at each other. Angry processionists went on rampage and shops in the area were set on fire. Seventeen persons were injured and 20 shops were set ablaze.
On 27th March Faizabad in U.P. too experienced communal disturbances when members of two communities clashed on the question of throwing colour by Holi revellers. Members of both communities fired on each other. Four persons were injured seriously and 12 shops were set ablaze. It is reported that during Holi revelries about 6 persons died in different parts of U.P. and 50 persons injured. Police said that in Ferozpur one person was shot dead and one died of fire burns. In Fatehgarh, Farrukhabad one person was shot dead.
On 31st March on the occasion of Rangpanchmi communal disturbances broke out in Sarangpur in Rajgadh district in Rajasthan. In these disturbances several people were injured in stone throwing and police has arrested 50 persons in this connection.
Bhilwara, Rajasthan, which has emerged as most sensitive town again witnessed communal clashes on 8th April when communal rioting took place in Mandal town of Bhilwada district. Muslims from villages in the district began to flee for safety. Trouble began when a saffron flag was hoisted on a mosque in Mandal on 8th April and violence broke out when a religious procession was in progress. In Karjalia village of Bhilwada district Muslims faced total boycott and they began to migrate from there when a RSS activist was murdered on March 1. Hindu activists fanned out in the area and called for a social boycott of Muslims. Some 19 families from the village migrated to other places. No one talks to Muslims and if someone does he has to pay a fine of Rs. 11,000. No Hindu shop sells them anything. Bhilwara has become Gujarat within Rajastan.
In these disturbances 10 persons were injured, 6 shops were set afire and three religious places were burnt down. Kanahiyalal Beragi was killed in police firing but police is trying to shift blame on someone else saying he was killed in firing from unlicensed weapon. Beragi’s family maintains that he was killed in police firing and unless police officer is arrested they will not perform last rites of Beragi.
On 19th April people of to communities clashed in Morshi Taluka of Amravati district in Maharashra in which one person was killed and two were injured. This was result of fight between two youths of two communities on a shop. According to collector of Amravati district many shops were set ablaze and looted. Two Autorickshaws and two motor cycles were also burnt down.
On 7th May a Hindu a 50-60 strong mob presumably belonging to Sangh Parivar attacked with lathis on Muslims who had gathered in Kamba in Bhivandi gathered there to pray at Jannatshahwale Baba’s mausoleum. Most of the Muslims were injured. They also upturned a rickshaw and beat up two motorcyclists. They claimed it is Samadhi of Nonathbaba and not Jannatshah Baba’s mausoleum. The dargah has 100 acre property and Sangh Parivar wants to grab the land.
Next Surat came under spell of communal violence on 16th May. Disturbances started after a minor collision between a Muslim Scooterist and a Hindu Kahar Autorickshawwala. Nadeem alias Kaliyo, the Scooterist was injured and shifted to civil hospital and his people came demanding compensation from Autorickshaw owner. An argument began and stoning and acid bulbs were thrown along with soda water bottles. Several people were injured. 27 persons were arrested in this connection. The mob also set fire to one rickshaw and two cycles. Rumours that Dhansukh Kahar was kidnapped and killed began doing rounds until he was found sleeping near the Tapti bank.
Dhar in M.P., another communally sensitive town came under bout of communal violence after some dispute between persons of two communities in which two persons died and 11 were injured. One Raju Bherivi was killed in these skirmishes. Then a Hindu mob armed with swords and other weapons went and killed one Muslim named Allah Noor. It was result of fight between children of two families, which assumed such grave proportions. Curfew had to be imposed on the town.
Badoda (Vadodra) witnessed another bout of communal violence in Mughalwada and this happened, according to the police, due to gamblers. It is gamblers who were interested in provoking violence to earn money. One gambler has been arrested in this connection. Police had to do lathicharge, had to throw teargas shells and open 8 rounds of fire in the air. In this firing one person i.e. Mohammad Saeed was killed. According to the police apart from gamblers, some politicians and media people also might have been involved.
Major Riot in Mau (U.P.)
Mau, in U.P., again a highly sensitive town and went up in flame in October on the occasion of Dasehra. Mau has significant population of Muslim weavers. It is primarily a weavers’ town. Unofficial figures of casualties after proper investigation stand at 14 dead in all and properties worth crores of rupees were reduced to ashes. Many shops were looted. Hospitals, schools and other properties belonging to minority community were totally destroyed.
The dispute started on the question of loudspeaker. Taravih prayers were going on in the mosque nearby due to month of Ramzan and in nearby Dasehra maidan loudspeaker was being used for songs. Some Muslims requested to stop it and Hindus, including one BJP leader agreed to it. But next day some activists of Hindu Yuva Vahini led by Yogi Aditya Nath objected and started playing loudspeaker again and some Muslim youth snatched the equipment. A Hindu Yuva Vahini leader fired and several Muslims were injured. This incited some Muslims to attack Hindus and loot their shops.
But next day the Hindu miscreants took over and killed, looted and set fore to Muslim properties and police looked on. A high police officer from Lucknow told me that it appears that Mulayam Singh government deliberately allowed this mayhem and pillage to balance what happened to Hindus on the first day to ward off BJP criticism. However, whatever the truth fact remains that Muslims suffered great loss of properties although casualties seem to be equal in both the communities.
The role of the media, particularly Hindi media, as usual, was far from satisfactory. It published inflammatory headlines about massacre of Hindus. One T.V. Channel also seems to have doctored a video about the independent M.L.A. Mukhtar Ansari as if he was provoking riots in presence of police bodyguards. The video clip showed only his gestures but there was no sound. All this shows media remains a part of the problem rather than part of solution. Unfortunately administration never takes any action against the media for spreading rumours and hatred.
While disturbances were going on in Mau, Agra once again witnessed communal skirmishes on 23rd October as a result of a small incident in which one woman was accused of theft in a cloth shop and the servant of the shop searched her bag under suspicion. This small incident led to communal clashes when other shopkeepers also joined in. Many anti-social elements suddenly appeared with firearms and began looting shops. Hundreds of people went up on their roofs and began stoning from there. This area around Jami Masjid in Agra is communally very sensitive.
On 20th December communal clashes took place between Hindus and Muslims in Vasundari village under Titwala police station. The clashes started on the question of digging earth. While some Muslims were digging earth, some Hindus attacked them with lathis, iron rods and pickaxes. Seven persons were injured. The injured were admitted to Sion Hospital, Mumbai. One Rohidas Pandurang Jadhav succumbed to his injuries and this led to further tension in the village. On hearing of Jadhav’s death many Muslim women fled from the village as many Muslim men had already been arrested. There was ongoing dispute between Zamir Nazir Pawle and Ganesh Haribhav Jadhav about digging the earth for brick kiln. His brick kiln was also destroyed.
Thus it will be seen that except for Mau riots in October 2005 all other riots were minor and result of small incidents here and there. Such violence is also result of constant hate propaganda by communal forces and regrettably governments of various states do not take any action against hate propaganda. And this propaganda helps communalists for planning major communal violence whenever needed as in Mau this year. It is only vigilance by the people and committed members of civil society that major clashes can be prevented.
The author is director, Centre for Study of Society and Secularism, Mumbai. He may be contacted at csss@mtnl.net.in
Muslims in Mumbai at the Receiving End
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Punjab Human Rights Committee’s Report On Cold Blooded Murder of a Muslim Youth
Punjab Human Rights Committee’s Report On Cold Blooded Murder of a Muslim Youth
Punjab Human Rights Committee’s Report on Cold Blooded Murder of a Muslim Youth on 20-21st night of September 2006.
Even after the end of terrorism in Punjab, functioning of some senior officers of Punjab police still remains the same without any accountability and responsibility.
On the information of murder of a youth in Giana village about 40km from Bhatinda on the night between
20-21.9.06 by the Special Task Force police men (STF), The Punjab Human Rights Committee (PHRC) formed a three member panel to investigate this cold blooded murder.
The panel comprised of Punjab Human Rights Committee General Secretary Ved Parkash Gupta, Mr. Balwinder. S. Bhullar social worker and Mr. Sukhjit Singh (Neena).
The panel visited villages Giana, Kanakwal and townships Rama Mandi and Talwandi Saboo in Bhatinda district and interviewed and interacted with common people and the police officers in this connection. The panel heard the eye witness account of Jagsir Singh one of the occupants of the truck who was fortunate enough to escape death at the hands of STF men. The panel also met the first man who saw the blood covered body of the youth lying in a truck and had reported to the police at Rama Mandi. He told the panel that the villagers heard indiscriminate firing which started between Kanakwal and Giana.
PHRC panel’s findings are as under:
According to the findings of the PHRC panel four persons including the driver of the truck were coming from Bhagu village in Haryana. They were bringing a bull in the truck. At Kanakwal village the personal of the Special Task Force (STF) signaled them to stop. According to the facts collected by the panel, this STF is nothing but a group of about one dozen loyal and trusted policemen formed by the Inspector General of Police (IGP) Ferozepur range. This STF is personally controlled and run by the IGP. The STF is not answerable to any one but the IGP only. This force has been working in all the six districts of Ferozepur range independently without any connection, cooperation or coordination with the Senior Superintends of Police (SSPs) of these districts. The working of this STF is very dubious. A few instances when this force directly interfered in the working of the district police have come to the notice of the panel.
The driver of the truck panicked and did not stop and tried to flee as they had stolen a bull from somewhere in Haryana. The STF men chased them in their own vehicle toward village Giana. The STF started unprovoked indiscriminate firing on the truck. This indiscriminate firing was heard by the villagers and the fact substantiated by a panchayat member Raj Singh. The truck driver did not stop even then. The STF police tried to overtake the truck but their vehicle grazed with the truck, which infuriated the policemen. Then they fired at the tyre of the truck and punctured it. Even after the puncture of the tyre the truck covered some distance from village Giana. Ultimately the truck got stuck in the Kutcha road and stopped. The STF men pounced upon the truck one of the constables gave a lathi blow on the glass panel of the driver’s seat and shattered it. Then they pulled out the driver and tied his hands behind his back. They gave him a sound beating.
When the STF men inspected the truck they found the blood covered dead body of one of the four occupants of the truck. They panicked and tried to put the blame of the murder of the youth upon them in vain. After some deliberations the STF men released the tied driver and left the place in their vehicle leaving the truck with the dead body of the youth there.
A panchayat member of village Giana S. Raj Singh dared to find out the cause of so much firing in the early hours that night. In the morning he saw the truck and found the blood covered body of the youth. He immediately informed the Rama Mandi police as well as DSP Talwandi Saboo about the incident. The Rama Police took the truck as well as the dead body of the youth in its custody.
Jagsir Singh one of the four occupants of the truck who was released by the STF men informed the relatives of Namim Khan at Muzaffarpur in Utter Pradesh on phone. Namim Khan was a Muslim youth in his twenties who was shot dead by STF firing. About one dozen near and dear ones of the youth Namim Khan reached Bhatinda on 22nd evening along with Jagsir Singh who escaped death at the hands of STF men. Jagsir Singh narrated the whole story to the press men as well as to the PHRC panel in detail. He also told that the STF men have snatched his mobile set no. 9814876110 also.
The panel also met the SHO Rama police station, also inspected the bullet ridden body of the truck number GLIG 4100 there. The right side of the rear of the truck was still covered with blood. The blood of the victim trickled down covering even the number plate of

