Fact Finding into Jamia Nagar encounter killing
 (date of incident 19 September 2008)

Date of first visit to Jamia Nagar area by team 21 September 2008
1.      The police sitting outside L-18 say that on the day of the incident
6 companies of police were here. Each company has 72 men.
2.      Our observation- Nobody could have escaped from the building – the
police in the first statements after the encounter otherwise said (as
reported in electronic media) that 2 persons escaped during the encounter.
The building has only one entrance and exit and there is a gap between the
terrace of this building and next. It appears that this story of there being
5 men/boys is based on interrogation of Saif who was the youth who was
arrested while Atiq and Sajid were killed during the encounter.
3.      Zeeshan who also shared the flat/room had left at 8 am as he had a
test(entrance test of some kind. Headlines Today reported him gone to IIPM
for taking some reexaminations there, a Channel apparently has also run a
clip of administratives of IIPM attesting to the fact!(More DETAILS?) was
arrested later in the night of 19 Sep. According to Ameeque (cousin of Atiq
and independent doc. film maker who has worked extensively for Doordarshan
and editor of paper Samyik Varta), Zeeshan was wondering what he could do
when he heard about the encounter after he got out of his examination and
called some people about advice. Some told him to run away- but he didn't
want to as he had not done anything wrong. He got the phone no. of the TV
Channel 'Headlines Today' and went to their office to give his statement.
This was partially aired. As he was coming out of the TV channel's office he
was arrested by the police. He too is being called a terrorist.
4.      Account of Badr Tasleem
Mr Badr Tasleem (works in Jamia in admn.) who lives in L-17 Jamia Nagar
(next door to L-18 where the encounter took place on 4th floor) says that he
first thought crackers were being burst but then he had some doubts and came
out of his house to see what was happening. The sounds of the gunshots were
coming from L-18 – there were already some men, i.e. presumably special cell
men and the residents of the house, up there. He heard a scream. The
gunshots continued. Then a group of men led by a man in kurta pyjama (who
Mr. Tasleem has identified in one newspaper photo- he was possibly a
plainclothes special cell person) with guns came running by asking for the
way into the building (L-18) and ran up- planning among themselves as to who
would "cover" whom (in the event of firing upon them).
Gunfire continued from the top floor of the house. There was no police
cordon that he could see around the house or even too much in the lane. At
least no one in uniform. After some time they brought down one man who was
wearing a white shirt and blue tie- he was supported on two sides by two
persons. Mr. Tasleem later learnt that this was Inspector Mohan Chand
Sharma. There was no blood on the front of his shirt/clothes when he was
brought down, except a small spot or mark on the right of his shirt. (not
sure about this at all). The firing continued after that. They then brought
down one person but completely wrapped up so he could not see who it was.
They then brought another person's body but that was not covered. He could
not see whose bodies these were.
The first time he came out of his house hearing gunshots (which were already
being fired) was around 11 am and they continued till about 11.40. There was
no police cordon before the Special Cell people had gone upstairs- ie before
the gunfire started. And even when he got out of his house to see what was
happening he saw that there were only 5-7 policemen around. There was no
barricade at the end of the road either. The full force came only after
11.20 a.m. or so. A very large number of policemen came. Before that there
were Special Cell (or STF as everyone here calls them) people in
plainclothes but they could not tell.

5.      Account of Ex-Councillor Mr. Asif Mohammad
(He was independent councilor and won from the entire area – including
Sukhdev Vihar, Maharani Bagh etc- i.e not just 'Muslim' areas and had taken
up the incident of fake encounter of Abu Samal in the same area in the month
of Ramzan in 2002 (check). In that case the police had made two eyewitnesses
disappear. The people had held demonstrations in front of police station
etc- he was then arrested and detained as a 'SIMI' member for eight and half
months in jail and for some more months under NSA as they said he was with
LeT. He was implicated in 24 cases and is presently an undertrial.) He
arrived on the spot around 11.10 or 11.15 am.
According to him there was police presence in the area from the night.
Inspector Mohan Chand Sharma was seen at the juice stall outside at 11 pm on
the night of 18th Sep. (He heard this from one of the local youths who has
been a petty criminal and recognized Inspector Sharma). He says that there
are eyewitnesses (who stay in house opposite L-18) who say that police
'Gypsies' went past the house twice at night – once at around 2-3 a.m and
once at 4 am. People were awake on account of Ramzan schedule and they saw
these. (We found no eyewitness nor much corroboration of this police
presence from before. There was of course a lot of checking in the area
after the blasts.)
He said that these boys had applied in the local police station (PS Jamia
Nagar) for tenant verification – and there was a copy of this pending
application with him. The application is stamped and received on 21 August
2008. The copy was with the person who was the caretaker of the house Abdur
Rahman who works with PWD and lives nearby, who was acting on behalf of the
landlord who lives in Ghaziabad (according to rent agreement, landlord's
address was Aligarh). Abdur Rahman showed this to some TV channels and after
that he was also picked up. Police wanted him to give them the form. They
have also picked up his son Zia. They are now trying to say that this form
is fake, their stamp on it is fake etc. However various NGOs also can
distribute the form, Asif Mohd. said, and also one can download it from the
net- they could look different therefore.
Atiq who was killed used to earlier stay in Sangam Vihar (??) …If they were
planning blasts would they in the application for verification have
submitted their original village address (part of driving licence given as
proof) – and PS (Sarai Meer, dt. Azamgarh). Also they put in the application
after the blasts in July and before the blasts in Delhi. Would they if they
were mounting such an attack have given these truthful and original
addresses?
Also all 5 names of those who were renting the house (Zeeshan Ahmed, Md.
Saif, Md. Sajid (24 years) and Md. Sajid (20 years) and Mohd.Khalid) were
added on the tenant verification form.
Asif Mohammad knows the area and the PS Sarai Meer in Azamgarh- and knows
that the police there have had no complaints regarding the families of these
youth.

About a week ago one Abdul Rashid Agwan (??), an older man, was picked up
from Shaheen Bagh by the Special Cell and interrogated about SIMI – he had
been member (?) – he was repeatedly asked to name youth aged between 25-26
who had been part of SIMI whom he knew. He did not know anyone in that age
group being an older man, and said so to the Special Cell who let him go
with a threat.
Asif Mohd. raised questions about how Mohan Chand Sharma died, and says that
according to his informal sources he was not hit from the front but from the
back.
Badr Tasleem who we spoke to before him had said that Sharma had no blood on
the front of his body. By the time Asif Mohd saw him (or saw a man) near the
Khaliullah mosque – there was a lot of blood on the lower part of his body.
At 11.10-11.15 when Asif Mohd came there was nobody from the media barring
one man, one Saba Israr (???). They could not tell about how many policemen
there were because many were in civilian clothes.
6.      Account of Masih Alam, advocate, resident of L-17 Jamia Nagar
According to Adv. Masih Alam, he first heard firing from inside L-18 at
around 10.45 am. (Ruk ruk ke firing ki awaaz aa rahi thi). He got out of his
house to see and saw that there were 2-3 policemen at one end of the road
(where the barricades now are) and 2-3 persons on the other side. After
about 5 minutes (after 10.45 am) one injured person was brought down on foot
supported by police…Then some 4-5 people wearing bullet proof vests went
running up and then he heard the sound of 5-7 shots being fired. Then 2
policemen went up with a stretcher and got a body down.
There was very little police presence at least in uniform till then. There
was no one below the flat for instance. But it would be impossible for
anyone to escape from there. He does not know who the boys killed were- he
has not been formally shown the pictures of those killed and is unable to
say if these boys used to stay or visit there often.
As for the account that there was police and Special Cell presence in the
area from the night he did not know much about it. There was a lot of
checking in the area since the blasts.
Area leader Pervez Hashmi (present councilor?) etc came later around 11.10
am or so along with LN Rao and Karnail Singh of Special Cell (the police say
that they had taken him, Hashmi, into confidence).
The firing according to Masih Alam continued for about 15-20 minutes.
7.      According to other observers while there were very few policemen on
the street there was a very heavy outer cordon of police at least by 11.15.

8.      Meeting at Jamaat Islami e Hind office, Abul Fazl Enclave-

Ameek the cousin of Atiq gave his own background and that of Atif's own
eldest brother Raghib Ameen, one of the most senior news camera men in
Delhi. They had all studied in Shibli School in Azamgarh- had come to the
town to study from their village Sanjarpur in Azamgarh District). Atif asked
Raghib's advice about what he could do as an elder in the family and Raghib
told him to come to Delhi and take admission in Jamia. Atif wanted to stay
with friends close to where he was to study and he asked Raghib and shifted
near Jamia. He could not get admission into Jamia and joined B.Sc IT course
in a private institute at South Extension. He stayed at that time in a DDA
flat in Jasola. Had been in Delhi for 3 years. Just recently in July-August
he got admission in PG course in Human Resources Management (?) course in
Jamia – and Ameek was aware that he had done so. He had also learnt that
Atif had shifted closer to Jamia- he had told his brother that his
 20 rupees daily conveyance fare would be saved by shifting to this new
locality.
Ameek did not meet him very often but happened to meet him 10-12 days ago.
 Atif asked him about a job or work- saying 'kab tak amma abba ke bharose
rahenge'. Ameek told him that once he finished the course he could look for
work.
Atif was 23 years old when he was killed.

9.      Sajid the boy who was killed was just about 16-17 years old. (Ameek
first told us about Sajid, then Sajid's brother Arshad came –he was in tears
and had just come from Dubai where he works- Sajid is his youngest brother –
Sajid and Arshad had two other brothers- Arshad was 17-18 years older than
Sajid.  Arshad told us and gave us a copy of his Identity card showing that
Sajid was born in March 1991- therefore not 20 years old as given in police
verification form) Sajid had come to Delhi to try to join Jamia in 11th
standard. He had already completed his 11th class in Azamgarh but wanted to
come here to better his chances. He did not clear the entrance examination,
and was hoping to try again.
The family had not been officially informed about his death.
10.     Ameek told us about the other two youth whom he knew about who
shared the room. Khalid was enrolled in the second year of the BSc MLT (Lab
Technician's course) at the Jamia Hamdard University.
11.     Saif who is arrested had done his MA in History from a University in
UP. Ameek met him when he met Atiq 10-12 days ago – he asked Saif what he
wanted to do/be…Saif replied that he wanted to be a pilot- when Ameek asked
him why he said that he had always been attracted from childhood when he
used to see aeroplanes…
12.     Zeeshan who was arrested by the police coming out of the Headlines
Today office and shown as being arrested in Jhandewalan – had gone to write
an entrance exam…had done a management course at IIPM(????) and had left
home at 8 am that day. His father teaches at Shibli college, it is an
educated family and like many others his father wanted his son to do well,
go to Dubai or somewhere and earn some money, get a good job…and Zeeshan too
was trying. His family members and everybody else are shocked.
13.     We also got copies of a letter sent by the newly formed Indian
Muslims Coordination Committee (formed for aiding in this case) to the Delhi
State Minorities Commission in which they have demanded a judicial enquiry
into this encounter.
14.     We also have a copy of a letter sent by one student Suhaib Akhtar
stating that one of his co tenants, one Mohd Rashid, s/o Shiv Murat, a
research scholar in JMI was picked up on 18.09.08 by police in civil dress
and had not reached the house till 20.09.08- the letter is addressed to the
Lt. Governor and asks about the whereabouts of his co-tenant.
15.     At the Jamia Nagar Police Station, the SHO Mohd Iqbal had gone to
Court (there had been 3 arrests in this connection and hence he had to go to
court). The Additional SHO also supposedly was not there/ did not want to
speak. The FIR registered into the encounter (against the dead accused and
others- we don't know contents) is no. 208/2008.
(PS Jamia Nagar- 26943227; 26945563;  SHO Mohd. Iqbal- 9313609151;  ACP
(Sarita Vihar)- 26825588)

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