*More Questions About
Delhi Encounter Killings*

*A Fact Finding Report*

26 September, 2008
*Countercurrents.org*

*A* team of teachers, students, civil rights activists and intellectuals
visited the site of the alleged encounter of the police with the
'terrorists' as claimed by them, on the 24th September 2008. The team
comprised of Prof. Siddique Hassan, Deputy Amir Jamat-e-Islami Hind, SAR
Geelani, Reader, Zakir Hussain College, Delhi University, Dr. Waqar Anwar,
Jamat-e-Islami Hind, Dr. SQR Ilyas, Editor, Afkar-e-Milli, Suvojit Bagchi,
Journalist, Anil Chamaria, Journalist, Dr. Karen Gabriel, Reader, St.
Stephens, DU, Rona Wilson, Secretary (Public Relations), Committee for the
Release of Political Prisoners (CRPP), Mahtab Alam, Association for
Protection of Civil Rights (APCR), Banojyotsna Lahiri (JNU), Vanessa Chisti
(JNU) and Sumati Panikkar (Independent Researcher)

The following is a synopsis of the preliminary findings of the team. This
will soon be followed by an exhaustive report of the team after putting
together a lot of background information along with more findings and
inputs. The exhaustive report will be an elaboration of the following
statement of facts with substantive documentation.

*Of fear, terror and suspicion*

The team started its investigation at 11.30 AM on 24 Septemeber in
Jamianagar area under Jamia Nagar police station. Even five days after the
encounter the tension was palpable in Jamia Nagar & the adjacent areas.
People were seemingly scared to talk to the fact-finding team. The stress &
tension, generated after the encounter, was evident. People were nervous and
requesting us NOT to mention their names under any circumstances. In the
University premises the team had to face hostile queries whether we were
from the media. The hostile media trial of the entire Muslim community that
accompanied the bomb blasts was visible right from the premises of the
university to the area of the encounter where the team visited. We felt,
this is largely because of the witch hunt that ensued after the 'encounter'
story of the police of two students at House No. L-18, Batla House, Jamia
Nagar and the scores of arrests of Muslim youth from the vicinity. In fact,
the arrests had already started right after the day of the blasts on the
14th.

In such a scenario, to instil confidence in the people was an uphill task,
as they were at the receiving end of the state terror out to brand anyone
daring to speak in favour of the deceased in the 'encounter' as
'accomplices' and 'masterminds' of the successive blasts in India. The
police action followed by the media trial only parroting the 'official
version' had created an atmosphere of fear and suspicion among the people.
Whosoever the team had talked had the stamp of fear on their face.

The team had to keep in mind the feeling of incarceration and isolation not
to say the terror of an authoritarian and prejudiced state that was writ
large on the locality. There is definitely the palpable fear of the people
of anyone and everyone picked up and framed by the police, who have a story
for every occasion.

*Police Siege and the wages of state terror *

To start with, the Gali where the House No. L-18 is located has been
barricaded with a huge posse of police laying siege to it and the
surrounding buildings. No one is allowed to enter the House No. L-18. The
constables of Delhi police told us, albeit politely, that they need to ask
for permission from higher authority to let us go close to the building. We
are allowed after about 15 minutes. However, we were not allowed to enter
the building, L-18. Rather, a man who is a resident of the house was asked
to come out and give his version. As we spoke to that man a contingent of
police officers, constables, plain clothes officers from special branch were
surrounding us. We got this man's 'version' in the middle of all these. We
also came to know, the key of the house (L-18) is with the police and they
had to go undergo thorough checking whenever they ventured out or returned.
Even the people staying in the nearby buildings also had to go through the
police scanner. It was as if they were under house arrest. The children in
the household were facing trauma-induced depression and had to resort to
medical care. We also came to know, the kids missed their all important
examination because of questioning by police on 19th September. They get
scared of any kind of sound or noise thinking that it was a gunshot. The
fear of anyone becoming the target of a vicious police action had taken over
the psyche of these young minds. We also came to know two more families
residing in L 18 have left the place after the encounter.

On further investigation we came to know that one family which has one woman
pregnant left the house, because that woman was getting stressed under the
circumstances.

The heavy presence of the police, in uniform and plainclothes, has only
aggravated the situation. When we asked police personnel present in and
around the area as to why the police is still laying siege to the premises
the authority did not have any satisfactory answer.

It is also important to mention here, through out the process, we were
followed by special branch officers. Infact, a journalist, who was not the
member of the fact-finding team and a member of the team, was routinely
questioned about the details of the other team members. Anyone, even from
mainstream media visiting the area more than once, is called up by special
branch.

The flat where the so-called 'encounter' has taken place in still sealed.
The alleged seizure of weapons, laptop, etc., from the flat was done without
any proper witness to the whole exercise. None of the members of the flat,
not to say, of the locality was witness to the high profile 'seizure', which
the police celebrated in the media. The conduct of the police was and is
still shrouded in secrecy and arbitrariness that have only invited further
wrath of the people. This in no way will instil confidence among the people.
On the contrary, it has added further misery to their lives.

*"It is a Fake encounter", say the people *

We could not find a single person in the entire locality who could agree
with the story of the 'encounter' of the police. There is a complete
unanimity in the opinion of the people about the one-sided nature of the
firing and the time for which it continued. Further, there are some
witnesses, (who would not want their name to be mentioned) who vouched that
these youth who had fallen to the bullets of the police were just ordinary
youngsters who had taken their career and their studies seriously. These
witnesses have said that initially there were gunshots for 15 minutes. Then
it stopped for a while. Then after a while the police went on firing
intermittently for quite sometime positioned on the terrace and the Gali to
show that it was a real encounter. In between, the police went on shouting
loudly to create a feeling of real exchange of fire and project a real
encounter. Later, the police declared that the encounter was successful.
After the firing, the police had destroyed the flowerpots of the L-18 flat
and the adjacent flats and used the pieces of the broken pots to break the
windowpanes of L-18 to make it look like a REAL encounter.

No one told us about an exchange of fire. It was 'only one kind of sound',
they all emphasized.

After visiting the rear and the sides of the L-18 flat, no one could have
bought the story of someone escaping as there was only a single entrance,
which the police had already been covering. It was impossible for anyone to
jump from the fourth floor flat, as it would have resulted in near death or
fatal injury. It demolishes the theory of police that two of the 'dreaded
terrorists' have run away. More importantly, one of this 'terrorists',
Zeeshan, surrendered to Headlines Today Channel, within hours of 'jumping
and running away' from a fourth floor flat. Why will he do that – the locals
ask.

There are also witnesses to three men dragged down from the fourth floor to
the ground floor. None of the body of the deceased was shown to anyone. All
the bodies were covered by clothes and were kept in a vehicle which was
taken inside the porch of the flat.

The people of the locality are asking unanimously: Where have all the
bullets gone?

Why Police is NOT allowing media to go inside L 18 and shoot and talk to
people even almost after a week? Do they have anything to hide? Normally it
is done within a few hours!

Why the police did not try to arrest these 'masterminds' alive? This is
randomly done in India & rest of the world. In that case it could have
helped the administration more. Isnt it?


*Clear evidence of point-blank shots on the head of Sajid *

The photographs after autopsy of Sajid (17 year old) show clear marks of 7-8
gunshots on his head from above. These shots, which are at point blank,
cannot happen in the case of an encounter. Because in case of an encounter,
where the shots are fired from a distance, the wounds would open up.

*Police Version of fake Tenant verification disproved*

Prominent citizens of the locality have already questioned the story of the
police of fake tenant verification. They have said that none of the details
provided including the driving license, address, rent agreement paper were
forged. The claim of the office stamp of the authority as fake was also
disproved by the citizens in a press meet as they showed their own copies of
tenant verification which was carrying the same official stamp. The Locals
also feel, even if the forgery has been done by the owner and the caretaker
of the house – NO INFORMATION GIVEN ABOUT ATIF IS FALSE. Factually, as we
came to know from local people, not a single information given – whether it
is about his last residence, parentage, driving license or permanent address
– proved to be wrong

*Mystery shrouding the death of Inspector MC Sharma*

No one is ready to believe that Inspector Mr. M C Sharma was killed in an
exchange of fire.

There are several witnesses having seen him taken away by two men in
plainclothes to a Santro car stationed near the Khalliullah Masjid with
bleeding wounds of bullet shots on his shoulder.

It is intriguing to note as to why such an officer of importance for the
Special Cell of the Delhi Police went for an operation without any
protection and why he was walked all the way to the car. Moreover, the
Hospital, Holy Family, which treated Mr Sharma has been told by police not
to talk to press or civil society – that what we found out.

The people of the locality are asking: Why would the most dynamic of Special
Cell Officers, Mr M C Sharma, would go to an operation – where he may nab
the masterminds of deadly blasts – without wearing Bullet Proof Jacket?

Moreover, the police team also made sure that the 'terrorists' are hiding in
that flat by sending an officer in the guise of mobile salesman, prior to
sending the rest of the squad. So after confirming the whereabouts of the
'masterminds' how could a senior officer go without any protection?

*Simmering tension*

Any discerning eye can make out the simmering tension pervading the entire
area of Jamia Nagar and its vicinity. Everyday is passing by with a new
arrest and yet another story from the side of the police. The role of the
media, except a few reports in certain dailies, has more or less demonized
the Muslims. More and more Muslim youths are being picked up. Even those who
have gone and surrendered before the police or media have been framed under
several charges. In these circumstances the people are one in saying that
they are being pushed to a situation where they have total distrust of what
is becoming in the name of 'war against terror'.


*Our Demands:*

1. Immediately withdraw the police siege of Jamia Nagar in general and the
Gali where house No. L-18 is situated.

2. Stop harassing Muslim youth under the garb of 'combating terror'.

3. Initiate a high-level judicial enquiry of the entire episode.

4. Make public the autopsy report of the two youth in the 'encounter'.

5. Make public the autopsy report of Inspector MC Sharma. There should also
be a judicial enquiry into the circumstances leading to his death.

6. Press & civil society should be allowed to talk to doctors/authorities of
the Holy Family Hospital

7. The State has to provide for the medical counselling of the residents of
Jamia Nagar, who have been affected by this encounter

8. Police should stop releasing selective photos from CCTV cameras to Press
to build opinions against Muslims.

The Team:

Anil Chamaria,

Banojyotsna Lahiri

Karen Gabriel

Mahtab Alam

Rona Wilson

SAR Geelani

Siddique Hassan

SQR Ilyas

Sumati Panikkar

Suvojit Bagchi

Vanessa Chisti

Waqar Anwar

-- 
Shinaj.P.S
Centre for Comparative Literature
University of  Hyderabad
Hyderabad-46
Mob:9440477143

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