A murder is a murder. Even the Gujarat state administration had to acknowledge that.
Now it comes to light that the murder is linked to extortion with the political bosses involved therein. Sukla http://timesofindia.indiatimes.com/home/opinion/edit-page/Wrong-Side-Of-The-Law/articleshow/6248462.cms <http://timesofindia.indiatimes.com/home/opinion/edit-page/Wrong-Side-Of-The-Law/articleshow/6248462.cms> Wrong Side Of The LawKingshuk Nag, Aug 3, 2010, 12.00am IST There was consternation over the encounter killing of Hemchandra Pande along with Maoist spokesperson Azad in the jungles of Adilabad in north Andhra Pradesh in the first week of July. While the police contend that Pande was a Left ultra himself, Pande's wife Babita insists her husband was a freelance journalist who wrote for many papers. Obfuscated in this debate is that Pande possibly a Maoist sympathiser and not a hardcore ultra was gunned down in an encounter after allegedly being picked up from Nagpur, roughly three hours drive on the National Highway 8 from Adilabad. As Maoists run amok in large parts of the country and extremists from across the border try to disrupt peace, sections of the Indian middle class paranoid at this increasing threat to the republic have begun justifying extrajudicial killings. They argue that since the judicial system is not quick and effective, summary encounters are the only way to curb militancy. Though encounter killings are not part of official state policy, police and other agencies armed with this civil society sanction have been increasingly resorting to encounters and abrogating to themselves the role of judge and executioner. It will not be an exaggeration to say many encounters are cold-blooded killings. This has terrible consequences for democracy and rule of law. It also perniciously affects the police's performance, a development that does not augur well for the country. The following example will demonstrate this point effectively. In December 1999, three central committee members of the Maoist party were liquidated in an encounter by the Andhra Pradesh police in Karimnagar district. Three IPS officers were awarded the police medal for gallantry for their role in this encounter. This medal entitles an awardee to get a free land site and free lifetime 1st class travel by train, among other goodies. But an anonymous complaint led to an inquiry which revealed that the gallant trio were nowhere near the scene of encounter that day. In 2008, nine years after the encounter, the officers were served a "charge memo" asking why they should not be punished. But internal police pressure in the home ministry ensured the file lost its way in the meandering bylanes of North Block. This is not the end of the story. One of the 'gallant' officers, an SP then and now a DIG, was posted as the CRPF's boss in Dantewada earlier this year, presumably because he was a gallant man eminently qualified to take on the extremists in this Maoist-infested area. What happened next is history: 76 men of the CRPF were ambushed and gunned down by the Maoists on April 6 in an event that shook the nation. An official inquiry by a former BSF director general revealed that there was "command failure" and "standard operating procedures" were not followed. This was responsible for the CRPF men falling to the hail of bullets from the ultras. The DIG in question was sent packing from the area, but only after the damage had been done. The point is that he would never have had an exalted status if not for the gallantry award for a false encounter. The unfortunate thing is that not only are officers rewarded for false encounters, but officers resisting such encounters end up in the doghouse. Ask Harvinder Singh Kohli, an artillery colonel whose regiment was deployed in south Assam in 2003 to track down militants. At the end of an operation in August 2003, Kohli's men captured five militants from the Assam Commando Force. On hearing about the operation, his senior, the brigadier, ordered him to bump off these militants since all that mattered in the eyes of the bosses were "kills". The brigadier also indicated that his boss, the major-general, was in the know of things. The colonel resisted and quickly handed these militants to the police to ward off further pressure. But the brigadier would not relent, he told the colonel to photograph a staged encounter. The colonel chose the lesser evil. So five men were made to lie on the ground with ketchup sprayed on their bodies and their pictures taken to show that there were 'kills'. But the lid soon came off with a complaint and the colonel was court-martialled and sacked. Later the brigadier was also discharged from the army, but the major-general was allowed to retire. On appeal, the brigadier, who commissioned the activity, was reinstated with loss of seniority and a reprimand. But Kohli now an ex-colonel wearing the media-given label of 'ketchup colonel' is waging a Herculean battle to clear his name. There is, however, nobody to bell the cat and reinstate an officer who actually had the moral courage to refuse orders to execute a false encounter. Interestingly, defence ministry officials noted on the file reviewing Kohli's case that an unofficial policy existed to assess the peformance of units involved in counter-insurgency operations in terms of number of kills. A dispensation where officers resorting to false encounters get encomiums and those resisting are jettisoned can only lead to the brutalisation of security agencies, with individual policemen using the gun to also eliminate petty criminals and other suspects. This process has actually begun in many places. The consequences can be well imagined since, in a civilised nation, lawlessness cannot be countered by lawlessness. On 4 August 2010 12:32, viji123 <[email protected]> wrote: > > > > > Here is an article written by Dovalji and published in Indian Express. > > http://www.indianexpress.com/news/complicated-encounters/655825/0 > > Complicated encounters > > Ajit Kumar Doval > Aug 04 2010 > > Beware of half truths — because you may be holding the wrong half. After > having seen and read so much about the Sohrabuddin episode in the last five > years, one might believe one knows it all. Sohrabuddin is now cast as an > innocent victim of police excess. > > However, it would be worthwhile to explore the real facts about > Sohrabuddin, the nature of police encounters, and the real issues at stake. > Sohrabuddin was an underworld gangster who was involved in nearly two dozen > serious criminal offences in states of Gujarat, Rajasthan, Madhya Pradesh > and Maharashtra. He maintained transnational links with anti-India forces > from the early `90s onwards, until his death in 2005. Working with mafia > dons like Dawood Ibrahim and Abdul Latif, he procured weapons and explosives > from Pakistan and supplied them to various terrorist and anti-national > groups (had it not been for his activity, at least some terrorist acts could > have been averted). Sohrabuddin was solidly entrenched in the criminal world > for a decade-and-a-half. Around the time he was killed, the Rajasthan > government had announced a reward on his head. In 1999, he had been detained > under the National Security Act by the Madhya Pradesh government. > > In a 1994 case investigated by the Ahmedabad crime branch, he was > co-accused along with Dawood Ibrahim and convicted for five years, for > waging war against the Government of India, planning an attack on the > Jagannath rath yatra in Orissa, and other offences under the IPC, Arms Act, > etc. During the investigation, 24 AK-56 rifles, 27 hand grenades, 5250 > cartridges, 81 magazines and more were seized from his family home in Madhya > Pradesh. In 2004, a fourth crime was registered against him by Chandgad > police station of Kolhapur district in Maharashtra under sections 302, 120 > (b), and 25 (1) (3) of the Arms Act, for the killing of Gopal Tukaram > Badivadekar. As fear of him often silenced people from reporting his > whereabouts, let alone deposing against him, the Rajasthan government had to > announce a reward on his head after he killed Hamid Lata in broad daylight > in the heart of Udaipur, on December 31, 2004. So much for Sohrabuddin's > innocence. > > However, irrespective of who Sohrabuddin was and what he did, the use of > unaccountable force against him is indefensible is the public view of many > (often at variance with their private view). There are many who feel that > there is a higher rationale for such actions in compelling circumstances, as > the law of the land has repeatedly found itself helpless in dealing with > individuals bent on bleeding the country. Their argument, that the rule of > law is a means to an end and not an end in itself, often finds support in > the jurisprudential principles of salus populi est suprema lex (the people's > welfare is the supreme law) and salus res publica est suprema lex (the > safety of the nation is supreme law). Even the Supreme Court of India, in > the case of D.K. Basu vs. State of West Bengal [1997 (1) SCC 416] accepted > the validity of these two principles and characterised them as "not only > important and relevant, but lying at the heart of the doctrine that welfare > of an individual must yield to that of the community." The validity of the > principles of salus populi est suprema lex and salus res publica est suprema > lex could have been part of an enlightened national discourse, and what > could be the governing instrumentalities, empowerments, legal checks and > stringent processes if these principles were to be invoked. It is better to > accept reality as it is and then strive to change it for the better, rather > than what we wish it to be. Feigned ignorance is the worst type of > hypocrisy. > > But there is another vital question that needs to be addressed. While > pursuing the Sohrabuddin case, was the government really serious about > stopping the menace of fake encounters, or was it pursuing a different > agenda? Encounters have been taking place all over the country under all > regimes, at times degenerating into what are called fake encounters. Between > 2000 and 2007 there have been 712 cases of police encounters in the country > with UP topping the list at 324, and Gujarat figuring almost at the bottom > with 17. > > In some of the cases there was not much on record, even to establish the > criminal past of those killed. Settling political scores through security > and investigative agencies like the CBI is not only bad politics, but also > destructive for the nation's security. To convey the impression (explicitly > or implicitly) that Sohrabuddin was targeted for belonging to a particular > community, thereby creating a sense of insecurity in a section of society, > is detrimental to national interests. It is little known that a large number > of Sohrabuddin's victims were Muslims while a good number of his closest > associates (including Tulsiram Prajapati, who was also killed in a similar > encounter), were Hindu. William Blake could not have been more right when he > said that "a truth that is pursued with bad intent beats all the lies you > can invent". > > The other negative impact of the Sohrabuddin case is the impression it is > creating that all encounters in which police and security forces are > involved, are fake. Society needs to be reassured that the majority of > encounters are genuine and mostly in response to murderous attacks on > security personnel. The fact that, on average, over 1,200 policemen get > killed every year grappling with terrorists, insurgents, underworld mafia > and other anti-social elements, bears ample testimony to this fact. Playing > up a few aberrations and blowing them out of proportion and presenting them > as the only truth is not in the national interest. > > The other downside of the publicity around such cases is that it erodes the > people's trust in governance. Administrations begin to be seen as > instruments of repression and self-aggrandisement and politicians as > perceived as manipulating their power for political and personal gains. This > erosion can lead to a dangerous delegitimisation of the polity. Democratic > politics is an exercise in regime-legitimisation, and to lose the confidence > of the governed would set the government on a self-destructive path. > > The writer is former director of the Intelligence Bureau > > __._,_.___ > Reply to > sender<[email protected]?subject=indian+express+-+who+is+sohrabuddin>| Reply > to > group<[email protected]?subject=indian+express+-+who+is+sohrabuddin>| > Reply > via web > post<http://groups.yahoo.com/group/indianfirst/post;_ylc=X3oDMTJxcTh2bWRjBF9TAzk3MzU5NzE0BGdycElkAzIwNzM5ODE3BGdycHNwSWQDMTcwNTA0MzQ2NARtc2dJZAMxMDkxBHNlYwNmdHIEc2xrA3JwbHkEc3RpbWUDMTI4MDkzNDE2OA--?act=reply&messageNum=1091>| > Start > a New > Topic<http://groups.yahoo.com/group/indianfirst/post;_ylc=X3oDMTJmdjh2czFmBF9TAzk3MzU5NzE0BGdycElkAzIwNzM5ODE3BGdycHNwSWQDMTcwNTA0MzQ2NARzZWMDZnRyBHNsawNudHBjBHN0aW1lAzEyODA5MzQxNjg-> > Messages in this > topic<http://groups.yahoo.com/group/indianfirst/message/1091;_ylc=X3oDMTM1N2plaHBiBF9TAzk3MzU5NzE0BGdycElkAzIwNzM5ODE3BGdycHNwSWQDMTcwNTA0MzQ2NARtc2dJZAMxMDkxBHNlYwNmdHIEc2xrA3Z0cGMEc3RpbWUDMTI4MDkzNDE2OAR0cGNJZAMxMDkx>( > 1) > Recent Activity: > > - New > Members<http://groups.yahoo.com/group/indianfirst/members;_ylc=X3oDMTJnM29iOWxqBF9TAzk3MzU5NzE0BGdycElkAzIwNzM5ODE3BGdycHNwSWQDMTcwNTA0MzQ2NARzZWMDdnRsBHNsawN2bWJycwRzdGltZQMxMjgwOTM0MTY4?o=6> > 1 > > Visit Your > Group<http://groups.yahoo.com/group/indianfirst;_ylc=X3oDMTJmcTFyaTlqBF9TAzk3MzU5NzE0BGdycElkAzIwNzM5ODE3BGdycHNwSWQDMTcwNTA0MzQ2NARzZWMDdnRsBHNsawN2Z2hwBHN0aW1lAzEyODA5MzQxNjg-> > Caution: Yahoogroups or moderator do not necessarily agree with the views > expressed in the postings. > > > http://twitter.com/navendumahodaya > MARKETPLACE > > Get great advice about dogs and cats. Visit the Dog & Cat Answers > Center.<http://us.ard.yahoo.com/SIG=15o273bj3/M=493064.13814537.14041040.10835568/D=groups/S=1705043464:MKP1/Y=YAHOO/EXP=1280941368/L=588c188a-9fd9-11df-82aa-6fff4c859d2a/B=g9u0A9j8fbU-/J=1280934168650601/K=b_ljLQAamy1Pj8uWmxkiUQ/A=6078812/R=0/SIG=114ae4ln1/*http://dogandcatanswers.yahoo.com/> > ------------------------------ > > Hobbies & Activities Zone: Find others who share your passions! Explore new > interests.<http://us.ard.yahoo.com/SIG=15oejo5ar/M=493064.14012770.13963757.13298430/D=groups/S=1705043464:MKP1/Y=YAHOO/EXP=1280941368/L=588c188a-9fd9-11df-82aa-6fff4c859d2a/B=hNu0A9j8fbU-/J=1280934168650601/K=b_ljLQAamy1Pj8uWmxkiUQ/A=6015306/R=0/SIG=11vlkvigg/*http://advision.webevents.yahoo.com/hobbiesandactivitieszone/> > ------------------------------ > > Stay on top of your group activity without leaving the page you're on - Get > the Yahoo! Toolbar > now.<http://us.ard.yahoo.com/SIG=15oftf0nd/M=493064.13983314.14041046.13298430/D=groups/S=1705043464:MKP1/Y=YAHOO/EXP=1280941368/L=588c188a-9fd9-11df-82aa-6fff4c859d2a/B=gtu0A9j8fbU-/J=1280934168650601/K=b_ljLQAamy1Pj8uWmxkiUQ/A=6060255/R=0/SIG=1194m4keh/*http://us.toolbar.yahoo.com/?.cpdl=grpj> > [image: Yahoo! > Groups]<http://groups.yahoo.com/;_ylc=X3oDMTJlYm0wNmhoBF9TAzk3MzU5NzE0BGdycElkAzIwNzM5ODE3BGdycHNwSWQDMTcwNTA0MzQ2NARzZWMDZnRyBHNsawNnZnAEc3RpbWUDMTI4MDkzNDE2OA--> > Switch to: > Text-Only<[email protected]?subject=change+delivery+format:+Traditional>, > Daily > Digest<[email protected]?subject=email+delivery:+Digest>• > Unsubscribe <[email protected]?subject=unsubscribe>• > Terms > of Use <http://docs.yahoo.com/info/terms/> > . > > __,_._,___ > -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send an email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/greenyouth?hl=en-GB.
