*'Encounter' at Batla House: Unanswered Questions*

*A Report by Jamia Teachers' Solidarity group*

60 pp., Rs 35, February 2009.

For Copies contact: Adil Mehdi, Dept of English, JMI (9990923027)
[email protected] / Ahmed Sohaib , Centre for Comparative Religions, JMI
(9899462042) [email protected] / Ghazi Shahnawaz, Dept. of Psychology,
JMI (9868221506) [email protected]




Synopsis:

This report is based on police statements, press reports, testimonies of
families and friends of the accused and other documentary evidence. It
highlights the numerous contradictions in the police version(s) about the
'encounter' and the accusations.

Some of the questions raised are:

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 neighbourhood 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.



*'Encounter' at Batla House* also highlights the contradictions in the
'mastermind' theories developed by various state police departments. In
addition, it carries profiles of all those illegally detained by the Delhi
Police Special Cell in connection with the Delhi blasts; a section on
virtual terror that anti-terror or special cells of the police departments
unleash in the name of fighting terror: illegal detentions, false
recoveries, forging evidence etc. Special reference is made to the case of
Irshad Ali and Md. Qamar, who were implicated in a false terror case by a
team of the Delhi Police Special Cell. Incidentally, many members of this
team were part of the Batla House 'encounter' too.

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