Report on Batla House encounter rips apart police stories*By Mumtaz Alam
Falahi, TwoCircles.net,*

New Delhi: Full five months since the globally much publicized Batla House
encounter, the mystery over it still remains as the police just confused the
public and contradicted their old versions whenever they came up to explain
what happened on that day. The much-awaited report on the shootout,
rigorously prepared by a dedicated team of Jamia Teachers' Solidarity Group
in the inspiring leadership of Manisha Sethi, just rips apart all police
stories about the encounter.

The report, based on police statements, press reports, testimonies of
families and friends of the accused, both dead and detained, and other
documentary evidence, highlights the numerous contradictions in the police
version(s) about the encounter and the accusations.

The 65-page report, published in a book form, was made public today in a
program at Jamia Millia Islamia, attended by novelist and writer Arundhati
Roy, Supreme Court lawyer Collin Gonzalves, JMI V-C Prof Mushirul Hasan,
Ansal Plaza encounter witness Dr Hari Kishan and ex-RSS pracharak and now
full time human rights activist Jugal Kishore Shastri from Ayodhya.

In her opening remark Manisha Sethi, leading soul of the teachers' group,
lambasted the government for not ordering judicial probe into the encounter
even when there are deep holes in the police version of the shootout. Since
September 19, 2008 - the day when the encounter took place at House No. L-18
in Batla House area in New Delhi's Jamia Nagar, killing two suspected
terrorists Atif Amin and Muhammad Sajid, both from Azamgarh, Sethi's team
has held various meetings, rallies, dharnas and public hearings on the
encounter to highlight the discrepancies in the police theory and press the
government for enquiry.

Noted writer Arundhati Roy said police atrocities, custodial killings and
tortures and encounters seem to be result of a sort of collusion between
police, media and judiciary. She also blamed the Bollywood - referring to
films like Mukhbir and A Wednesday - for making publicly acceptable
custodial atrocities and killings and encoutners. "That is the reason when I
and other people questioned the Batla House encounter, we were called
anti-national and gaddar," she said while reiterating her demand for
judicial probe into the shootout.

Eminent Supreme Court lawyer Collin Gonzalves criticized the so-called
secular government of UPA at the centre for rewarding Delhi Police Inspector
M C Sharma with Ashok Chakra, as grave charges have been leveled against him
in several earlier cases including Ansal Plaza encounter. While demanding
judicial probe into the Batla shootout he said encounter killing is a murder
which is an unnatural death, and for every such death, according to the law,
an FIR has to be filed against those involved in the killing. He also said
that anyone could be behind the terror attacks in the country - Muslims,
Hindus or even police.

While recounting the police atrocities he had to face as he, being a witness
to the Ansal Plaza encounter, stood up to say a spade a spade, Dr Hari
Krishna compared today's police with Ravana who had become so notorious that
he did not spare even Lord Rama's wife. He urged JMI V-C, being like father
of the students, file a murder case under Article 302 against the policemen
involved in the killing of the two youths, who were Jamia students.

Ex-RSS pracharak and Ayodhya ki Awaz chief Jugal Kishore Shastri said there
seems to be a conspiracy behind implicating Muslim youths in all terror
attacks in the country. "Following the Sachar Committee report which exposed
real backwardness of the Muslim community, there was a sympathy wave for the
community, but all of a sudden terror blasts began to take place and Muslims
were accused from here and there," he said adding that this all was to keep
the community backward and deprive them of their rights.

The report by Jamia Teachers' Solidarity Group has profile of those killed
and arrested in the Batla House operation, contradictions in police version
regarding the encounter operation, information about dreaded terrorists,
bullet proof jacket, injuries and bullets to the suspected terrorists,
evidences, escape routes and fired rounds, besides contradictions in the
mastermind theory and instances of violations of NHRC guidelines for an
encounter.

The teachers' group has demanded a judicial probe headed by a sitting judge
of the Supreme Court, transfer of investigations from the Delhi Police to
CBI, exemplary punishment to police officers guilty of implicating innocent
Muslim youth in false cases of terrorism and adequate compensation and jobs
to those acquitted in the terror-related cases.

Some of the questions raised in the report are as follows:

1) Did the police have prior information about the presence of dreaded
'terrorists' in L-18 when they raided the flat? So far, conflicting versions
have been provided by the police. In one version, they claim ignorance of
such confirmed information, pleading that they went in only for a routine
recee and were ambushed (then how did the Police Commissioner within hours
declare Atif and Sajid to be the mastermind behind all blasts since 2005,
when Sajid would have been 14-years-old); and in another, they claim to have
put Atif under surveillance since 26th July 2008 (so how did these boys
manage to plant bombs all over the city right under the Delhi Police's
nose?)

2) Were the Police men wearing Bullet proof vests (BPV) or not? In some
statements, the Delhi Police said that they avoided wearing the BPVs in
order not to alert the 'terrorists'; in yet other statement they claim that
their officer escaped all injury while firing upon an armed Sajid because he
was wearing a BPV.

3) What explains the injury marks on the bodies of the deceased boys? Atif's
back was sloughed off and Sajid had bullet wounds on his head as though
bullets had been pumped into his head while he was made to kneel--all of
which raises doubts about the genuineness of the 'shootout'.

4) The Police claim that Sajid was an expert bomb maker who used quartz
clocks, detonators, ammonium nitrate, yet none of the 'recoveries' which
even the police have purportedly made, comprise any of the above material
that could be used for making Sajid's 'signature' bombs. So what made Dadwal
and his force conclude that Sajid was the one behind the blasts in Delhi and
elsewhere?

5) Why is there such rigid resistance to any independent probe on the part
of the government and the Delhi Police? So much so that the Lieutenant
Governor has even rejected a magisterial enquiry, which is mandatory as per
NHRC guidelines on encounter killings.

6) Why are post-mortem reports of all the three killed not being made
public? Is there something to hide?

The report also carries brief profiles of the accused in the case, including
the two students killed. The fact that most of them were students enrolled
in educational institutions, whether Jamia or elsewhere, or working gives
the impression that they were regular young men in search of better
opportunities in life. None of their actions puts them under suspicion: they
enrolled as students, bought SIM cards in their name, signed a rent lease
deed, duly verified by the police (copy in report), provided genuine address
details etc. Moreover, the day after the blasts in Delhi, there were several
arrests and detentions in the Jamia Nagar area, which was common knowledge.
It is highly unlikely that actual terrorists would make no attempt to move
away from a neighborhood which was obviously under the police scanner to a
safer hideout.

Testimonies of eyewitnesses at the Jan Sunwai (12 Oct 2008, Batla House)
have also been included in the report. Neighbours testified that they found
nothing strange or suspicious about the boys and resented the fact that no
senior local resident was taken into confidence or to crosscheck any
information about suspected terrorists. The manner in which the police
operated raised suspicions about their real motives. Further, they also said
that while the operation was on, the policemen could be seen throwing pots
etc on to the 4th floor flat of L-18, and that they heard gun shots of only
one kind. This naturally raises the misgiving that the police was trying to
create an impression of cross fire and struggle, where none existed.

The report is available with the following members of Jamia Teachers'
Solidarity Group:
Dr. Ghazi Shahnawaz (Dept. of Psychology), Adil Mehdi (Dept. of English) and
Ahmed Sohaib (Centre for the Study of Comparative Religions, Noam Chomsky
Complex).

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