//NCHRO South Indian Convention about Fake Encounter

NCHRO South Indian Convention about Fake Encounter

alt Respected chair and the members of the Dias and all my Friends,

“We must have a police that is unbiased, honest and law upholding. You can’t hope to get national security or individual safety without this”, said Ms. Maja Daruwala, Director, and Common Wealth Human Rights Initiative (CHRI). We have to examine the incidents of encounters in the country from this point of view.

Encounters are normally unilaterally firing against hand-picked persons. It was always untruthful to say police/security agencies fired against people as part of self-defense. What is the difference between FAKE ENCOUNTER and GENUINE ENCOUNTER? Fake Encounter is where a person has been killed in cold blood not in SELF DEFENCE, Genuine Encounter is that in which a person has been killed in SELF DEFENCE. But in some cases, postmortem reports revealed that people who died in encounters were killed only after they consumed some drug that makes sleep. In many cases, the forensic reports revealed that shootings were at point blank from a close range.

If they are real encounters, need to be shooting from a distance immediately after identifying `enemy’. Now a day’s when we observed TV clippings of the incidents and nature of injuries make us to believe most of encounters are not true.
The National Human Rights Commission (NHRC) has found faults with encounters conducted by notorious IPS officer from Andhra Pradesh, Mr P S R Anjaneyulu, when he was the district police superintendent in Kurnool and directed to pay compensation of Rs 5 lakh to each victim. The forensic reports revealed that deceased person’s bones were found broken even before encounters.
Why encounters are taking place? What are the conditions of those who commit encounters and that of the victims of encounters? Most of the victims are poor, naxalites, sometimes dacoits or ISI agents. From government point of view killing dacoits and ISI extremists became ‘negligable’ policy matter. We have to understand two conditions to get answers for such situations.
Firstly, most of the people in naxalites are youth. Why they are being attracted towards naxalism? Why other sections of population are sympathetic towards them? Primarly economic disparities in the country are attracting the youth towards naxalism and naxalites about to get support from the society in the form of financial resources and etc.
The government is not having any programme to put an end to economic disparities. Even some schemes are being formulated that are failing to meet ground realities. In turn, they are helping to enhance disparities. As every programme intended to resolve disparities failed, the government adopted encounters as a policy only to cover up its their failures. Even all the economists together in the country by formulating five years plan, government is in disastrous condition to end disparities. Such conditions are only helping for the birth and spreading of naxalites.
Secondly, police are part of the government. The intellectuals from the Government side are always trying to depict government’s failure as failure of the police. Due to such pressures, in unavoidable circumstances police are resorting to encounters. Though some police officers are resorting to encounters with vested interests, we must remember that all of them are not resorting wontedly. In some circumstances, where police are unable to kill people in encounters, using naxal sympathizers and rowdy elements to murder naxalites.
Government is forgetting its own responsibility of putting an end to disparities, focusing more on encounters. Though several knowledgeable persons are stating that such encounters are illegal and fake, the government is trying to hush up such voices, but not withdrawing from encounters. Claiming it was not possible to resolved disparities, even attempting to bring religious beliefs into picture and always trying to prove encounters are natural phenomena.
The government is shameless even though Supreme Court, several other courts and fact finding committees constituted with intellectuals proving many a times that encounters are government sponsored murders, the government is not caring. National level debate was started on encounters with in courts and in other forms after renowned civil rights activist K G Kannabhiram provided many encounters are fake by developing evidence. PUCL team proved before Justice Tharkunde Committee, constituted by the Government of Andhra Pradesh that all encounters were fake.
Very recently, CBI reported to the Supreme Court that Ishrat Jahan encounter in Gujarat was fake. Even FBI of US showed interest in this case. Why, US showed such interest?
t is going In US, cultivating ganjay for medical purpose is legal. A person by name John Gester Gross was sentenced to 19 years for ganjai cultivation. Though he pleaded that he has been cultivating as per law, the court refused to hear him. In the absence of specific legislations for migrants and ganjai cultivation, one fourth of cases filed by FBI are related to migrants and one third are ganjai cultivation in 2012. Prof Rachel from New York Law University said that it will be difficult to predict powers of prosecutors.

Though sending people to jail by showing every small crime as a bigger one and is having large number of jailed population in the world, US failing to check crime rate. Out of 100 jailed persons in the world, 5 are from US. Inspite its claim of waging war against drug abuse, during 1980 and 2009, the increase in such cases was 1175 %. The number of prisoners increased from 19,000 to 2.42 lakh. In the name of stagnant punishment for crimes, US is notorious for imposing long term sentences. US legislations and nature of implementation revealed that presently it is not only trying to establish its hold on all countries, it is also exporting criminal activities all over.
It is shameful for India to claim it is adopting culture of encounters to check crime and being used as part of self defence. Even after CBI confirmed Ishrat Jahan encounter was fake, still now the state government not coming forward with a specific action. This shows how governments are misusing legislations for their self interests, self gratifications and always using against marginalized and weaker sections of population. It is unfortunate in modern society instead of working for development of the people; the governments are resorting to most inhumane methods. This was due to their adoption of colonial practices. I strongly feel governments are resorting to such tactics only for their own survival and VIOLENCE and COUNTER VIOLENCE may continue unless the state honestly acts in the interest of the poor.
NHRC reports that 2560 police encounter cases only 16 was chosen for compensation for violation of Human Rights, it is also take around 10 to 12 years to get justice.
I must demand from this meeting an immediate stop to all judicial executions of revolutionaries as well as activists and leaders of people’s movement.
The government must respect the constitutionally guaranteed fundamental rights of the people’s life and dignity; if it is not followed this, the Democracy will fall in crisis as well as the people of this Nation to doubted the Government attitude about WELFARE OF THE STATE, and it may create a civil war.
The government must stop the brutal repressions of the North-East, Jammu & Kashmir and area.

Jaya Vindhyala

30 August 2013