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The News International,
September 27, 2008

DELHI ?ENCOUNTER? RAISES TOUGH QUESTIONS

by Praful Bidwai

India is witnessing an increase in the incidence of both anti-
minority violence and terrorism. Christians are under attack in
Orissa, Karnataka, Madhya Pradesh, Gujarat, and now even Kerala, long
held up as a model of pluralism. Leading the attacks are Hindu-
extremist groups like the Bajrang Dal, Vishwa Hindu Parishad and Shiv
Sena, which don?t bother to disguise their identity.

The Indian state has failed to protect Christians and punish their
tormentors. The Orissa and Karnataka police seem to have bought the
myth that most Christians are victims of unscrupulous proselytisers
and must be helped to "re-convert" to Hinduism, although that may not
have been their religion in the first place. Worse, the police seem
to have fallen for the ludicrous idea that the church in India is
primarily devoted to religious conversion, when official records show
education to be its most important activity.

The response of India?s political leadership to the communal violence
has been appallingly inadequate. It has failed to reassure the
religious minorities that the state is committed to protecting their
rights as citizens. The state acts as if it wanted to shield
majoritarian groups.

In parallel with this, and reinforcing it, is the state?s attitude to
terrorism violence. Under the influence of people like National
Security Adviser MK Narayanan and myopic intelligence agency chiefs,
the state has come to view terrorism largely through a religious-
communal prism. This was earlier linked to Pakistani secret agencies?
plans to foment trouble in India. Although the Pakistan angle has
receded into the background, the state?s anti-terrorism strategy
remains strongly Islamophobic. State agencies virulently malign and
harass Muslims.

The term "terrorism" is never used in respect of Hindu-extremists
like the Bajrang Dal, VHP or the Shiv Sena despite their self-
confessed killing of hundreds of innocent non-Hindu citizens. Hindu
extremists have been repeatedly found making/planting bombs in Nanded
in Maharashtra, Tenkasi in Tamil Nadu, and Kanpur in Uttar Pradesh.

Typically, the instinctive, knee-jerk presumption of the authorities
in respect of a terrorist attack is that it must be the work of
Muslims. The police round up and interrogate Muslims, especially
young Muslims, and detain them for long periods?in total violation of
guidelines laid down by the Supreme Court, which stipulate that a
person being arrested must be told the reasons, his or her close
relations must be immediately informed, and he/she be produced before
a magistrate within 24 hours.

As the Indian government comes in for increasingly neurotic and
hysterical attacks by the Bharatiya Janata Party for its "weak-kneed"
attitude towards terrorism, it?s tempted to display machismo by
taking ever-stronger measures against Muslims?to the point of staging
fake "encounters" in which suspects are simply bumped off by the police.

Many states have set up anti-terrorist Special Cells, with dozens of
"encounter specialists", each with a licence to kill and huge sums of
money to obtain "sensitive" information.

The BJP?s shrill demand for tough anti-terrorist action has reached a
crescendo. The government?s reactive, but irrational, response has
been to arbitrarily arrest hundreds of Muslims without warrant,
interrogate them by using third-degree methods, and extract false
self-incriminating confessions. This has created a climate of
intimidation, insecurity and terror.

This is starkly evident in Jaipur, Bangalore, Ahmedabad, and now,
Delhi and even villages in UP?s much-maligned Azamgarh district..

Take the alleged September 19 "encounter" in the Batla House area in
Delhi?s Jamia Nagar, in which two terrorists, Atif Ameen and Mohammed
Sajid, were killed, one more was arrested, and two escaped. The Delhi
police say Atif was the top leader of Indian Mujaheedin, which has
been behind all the major recent terrorist bombings. The Mumbai
police contradict this and say the "mastermind" is Mohammad Sadiq
Shaikh.

This "encounter" occurred less than a week after Delhi?s multiple
bomb blasts. It conforms to a familiar pattern like the Ansal Plaza
and other encounters figuring Rajbir Singh, who became notorious for
corruption and extortion, and was gorily killed, probably by a
colleague. The Batla House story would have provoked a sceptical
public response but for the fact that Special Cell Inspector Mohan
Chand Sharma was also killed.

However, the Delhi police version is inconsistent. It claims Atif was
the mastermind behind the recent bomb attacks in Varanasi, Jaipur and
Ahmedabad. But the police in the concerned states name other
individuals: respectively, Waliullah, Shahbaz Hussain, and Abu Bashar
and Abdul Subhan Qureshi alias Tauqeer, recently publicised as the
"IM mastermind".

The Delhi police say that Atif led a shadowy existence and recently
stashed away Rs3 crores in an Azamgarh bank. But media inquiries with
the bank say his account had Rs1,400.

Atif recently rented an apartment in Batla House. He registered the
deed and got it verified and duly stamped by the police. It stretches
credulity that a "terrorist mastermind" would practise such openness
and transparency?especially because the police had been stalking and
observing the area for a week before the incident. The police accuse
Atif?s associate, Saquib Nissar, of having planted bombs in Ahmedabad
on July 26. But records show that Saquib took an MBA examination in
Delhi from July 22 to 28.

According to an eyewitness account of the "encounter", there was an
altercation when the police entered the 4th floor apartment where
Atif and Sajid lived. They dragged the two unarmed men down to the
ground, where several heavily armed Special Cell policemen, including
Sharma, were present. They severely beat up the two after cordoning
off the area. In the ensuing resistance and scuffle, a policeman?s
gun went off and three bullets hit Sharma in the back and exited his
body from the side/front..

After this, the police apparently went berserk and fired at Atif and
Sajid from a point-blank range. A picture of Sajid just before he was
buried shows one large bullet wound each in the shoulder and chest,
and at least four bullet holes in the front portion of the skull.
Even one bullet in the head would have proved fatal. But the
assailant pumped more, presumably out of vengeance.

The post-mortem reports on the three dead men, obtained by a private
TV channel, disprove the police claim that Sharma was killed in
frontal firing by Atif and/or Sajid as he entered their apartment.
Newspaper pictures showed that the front of Sharma?s white shirt
wasn?t bloodstained. Atif and Sajid?s autopsy reports show severe
internal bleeding from beatings. The police claim that two terrorists
escaped. But given the layout, with just one narrow entry/exit point,
nobody could have escaped.

Even assuming that Atif and Sajid were terrorists, there?s no reason
why they couldn?t have been cajoled or smoked out of the apartment,
properly interrogated, tried and punished. All this calls for a
ruthlessly independent judicial inquiry.

It?s a matter of shame that India?s anti-terrorist police cells
haven?t managed to rise above the suspicion that they prefer brutal
and even barbaric methods over due process of law. Unless their anti-
terrorist strategies and operations undergo radical reform, the
minorities whom they selectively target will never feel secure or
part of the national community as full citizens.

And that?s the last thing India can afford if it is to have a modicum
of social cohesion, and respect for human rights and the rule of law.

The writer, a former newspaper editor, is a researcher and peace and
human-rights activist based in Delhi. Email: [EMAIL PROTECTED]

_____

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