[In his report, (Rajnish) Rai (an Inspector General of Police, serving
with the CRPF in the North East) has observed, “Had this unlawful act
been committed by a group of a few deviant officers, I would not have
been so concerned. However, since multiple security agencies were
involved in this incident, it indicates a deeper institutional malady
in the functioning of the country’s most prestigious security forces.
It represents a dangerous deterioration and degradation of
institutional processes.”
Calling custodial killings “worse than insurgency/militancy” because
they have the authority of the state behind them, Rai says in the
report: “Security forces do not have the right to kill them
(dastardliest of criminals/militants) in cold blood under the cloak of
larger societal good. Therefore, it is crucial to strike a balance
between individual human rights and societal interests while combating
insurgency. Failure to do so is a cure worse than the disease.”

(Excerpted from the report at sl. no. I below.)]

I/II.
http://indianexpress.com/article/india/crpf-igp-says-fake-encounter-in-assam-by-army-police-his-force-4670809/

CRPF IGP says fake encounter in Assam by Army, police, his force

Two suspected NDFB(S) men were killed in cold blood, weapons were
planted, says CRPF IGP’s report

Written by Deeptiman Tiwary | New Delhi | Updated: May 24, 2017 12:06 pm

An Inspector General of Police, serving with the CRPF in the North
East, has raised several questions regarding an encounter carried out
in a joint operation by the Army, Assam Police, CRPF and the Sashastra
Seema Bal (SSB) in Chirang district of Assam in the early hours of
March 30 this year.

In his report sent to CRPF headquarters in Delhi, Gujarat cadre IPS
officer Rajnish Rai, currently posted in Shillong with CRPF as IG,
North East Sector, has alleged that the encounter — neat Simlaguri
village under Amguri police station — that led to the death of two
suspected members of the National Democratic Front of Bodoland
(Songbijit), or NDFB(S) faction, was staged. And that the two men were
picked up from a house in D-Kalling village and killed in cold blood
in Simlaguri.

Calling for a full-fledged investigation, Rai has alleged that weapons
were planted on their bodies.

The two killed were identified as Lucas Narzary alias N Langfa and
David Islary alias Dayud.

He says he has witnesses who have identified the bodies as those of
the two men who were picked up and that these witnesses are in his
safe custody.

Rai’s report, dated April 17, 2017, is marked to Assam Chief Secretary
V K Pipersenia; the then acting CRPF DG Sudeep Lakhtakia; Lt Gen A S
Bedi, GOC, 4 Corps & Chairperson, Operational Group, Unified Command;
Assam DG Mukesh Sahay; SSB DG Archana Ramasundaram and CRPF ADG (NE
Zone) Mohd Javed Akhtar.

Also Read | ‘False account of planned murder, shown as brave act’

The salient points made in the Rai’s report:
* GPS records show how a CRPF unit of the CoBRA visited the encounter
spot in Simlaguri a few hours before the encounter. “It leads to the
suspicion that the CoBRA (CCCC) team was trying to identify a suitable
location where the alleged encounter with the NDFB(S) cadres could be
stage managed,” Rai’s report says.

It refers to “discreet” enquiries by senior officers who contradict
the official version of the events.

* It cites statements of witnesses who have identified the photograph
of the two slain cadres as the men picked up from D-Kalling village on
the night of the encounter. Rai has not attached their statements to
protect the identity of the witnesses but claims they would be
presented to an independent investigation team.

* An 11-year-old boy was present in the house from where the suspected
NDFB(S) men were picked up. This boy, says the report, was taken away
by a woman who lived in the adjacent house even as the operation was
on.

* As per the Special Situation Report prepared by those involved in
the operation, Team No. 15 of 210 CoBRA was involved in the operation.
However, when the enquiry officer asked some of the men from the team,
they flatly refused being part of it. The report says this shows there
was something amiss as the same men were earlier taking credit for the
operation.

* The report suggests that a team (of Assam police and Army) picked up
the NDFB(S) cadres from D-Kalling village and then met another team at
Ouguri. It was then that the decision to kill the duo was taken.

[Facsimile]

***In his report, Rai has observed, “Had this unlawful act been
committed by a group of a few deviant officers, I would not have been
so concerned. However, since multiple security agencies were involved
in this incident, it indicates a deeper institutional malady in the
functioning of the country’s most prestigious security forces. It
represents a dangerous deterioration and degradation of institutional
processes.”*** [Emphasis added.]

***Calling custodial killings “worse than insurgency/militancy”
because they have the authority of the state behind them, Rai says in
the report: “Security forces do not have the right to kill them
(dastardliest of criminals/militants) in cold blood under the cloak of
larger societal good. Therefore, it is crucial to strike a balance
between individual human rights and societal interests while combating
insurgency. Failure to do so is a cure worse than the disease.”***
[Emphasis added.]

On May 22, The Indian Express sent an email to the spokespersons of
both the Army and the SSB for their comments on Rai’s report. Neither
responded. Assam Chief Secretary did not respond to repeated calls and
text messages over two days.

When asked about Rai’s report, Assam DG Mukesh Sahay said: “Whenever
there is an encounter, there are laid down guidelines. All those
guidelines are being strictly followed. An inspector general of police
and a magistrate are enquiring into the matter. As far as this (Rai’s)
report is concerned, we will think about taking cognisance of it after
the magisterial enquiry is over.”

CRPF DG RR Bhatnagar said he would wait for Assam Police to complete
its probe. “The report has already been sent to Assam police. It is
their prerogative to investigate the matter. If their investigation
finds anything wrong with the encounter, appropriate action will be
taken,” he said.

Security personnel claimed to have recovered one 5.56 mm INSAS rifle
along with magazine and twon live rounds 5.56 ammunition, nine empty
cases of 5.56 ammunition, one 7.65 mm revolver along with three rounds
of 7.65 ammunition, three empty cases of 7.65 ammunition and one
Chinese hand grenade from their bodies.

[Facsimile]

II.
http://indianexpress.com/article/india/false-account-of-planned-murder-shown-as-brave-act-rajnish-rai-report-4670785/

‘False account of planned murder, shown as brave act’
Inspector general of police Rajnish Rai has filed a report questioning
the March 30 encounter in Assam’s Chirang district.

Written by Deeptiman Tiwary | Updated: May 24, 2017 9:06 am

DEEPTIMAN TIWARY delves into the report of CRPF IG (N-E) Rajnish Rai
that raises questions over an alleged Assam encounter.

In his report questioning an encounter leading to the killing of two
alleged NDFB(S) operatives in Chirang of Assam, CRPF IGP (N-E Sector)
Rajnish Rai first describes the special situation report prepared by
the encounter team, then goes on to detail the findings of his own
discreet enquiry report.

Lucas Narzary alias N Langfa and David Islary alias Dayud were killed
on March 30 in a joint operation by the Army, Assam Police, CRPF and
SSB. Rai’s April 17 report is marked to Assam chief secretary V K
Piperseina, then acting CRPF DG Sudeep Lakhtakia; GOC, 4 Corps, &
Chairperson, Operational Group, Unified Command, Lt Gen A S Bedi;
Assam DG Mukesh Sahay, SSB DG Archana Ramasundaram; and CRPF ADG (NE
Zone) Mohd Javed Akhtar.

What security forces reported

Rai’s report quotes from the special situation report prepared by the
forces. It claimed that in the early hours of March 30, Assam Police,
7th Sikh Light Infantry, 156 Battalion of CRPF, 210 Battalion of CoBRA
(CRPF) and SSB conducted a joint operation in Simlaguri of Chirang
district based on intelligence inputs about the movement of four or
five NDFB(S) cadres. Around 4.30 am, the situation report said, the
team came under fire from NDFB(S) cadres after they were challenged.
In retaliatory fire, it added, two cadres were injured and later died.
The report identified the two and said the team recovered a 5.56 mm
INSAS rifle along with magazine and two live rounds of 5.56
ammunition, nine empty cases of 5.56 ammunition, a 7.65 mm revolver
along with three rounds of 7.65 ammunition, three empty cases of 7.65
ammunition and a Chinese hand grenade from the bodies.

Also Read | CRPF IGP says fake encounter in Assam by Army, police, his force

What Rai’s report says on probe

Based on the special situation report, Rai prepared a report and sent
it to the CRPF ADG (Northeast Zone), CRPF DG and IG (operations). A
few hours after that, says his later report, the commandant
(operations) of the Northeast Sector informed Rai that “there appeared
to be a mismatch between the initial reports received about the joint
operation and the events that actually occurred in the field”.
Thereafter, Rai’s reports claims, he learnt from another senior CRPF
officer that the event did not occur as reported.

After sounding out his superiors in Delhi, Rai claims to have received
a confidential report from his senior officer that said “the two
NDFB(S) cadres shown to have been killed in a hostile engagement with
the security forces were actually first apprehended in village
D-Kalling, and later killed by security forces at a different place
near village Simlaguri on the same day after a few hours.”

Following this, the report says, a discreet enquiry under another
senior officer was ordered. This probe examined the reports prepared
by all forces engaged in the operation as well as the FIR filed by
Assam Police; it also examined those involved in the operation. It has
cited nine witnesses and nine documents. The report, however, admits
the probe officer did not visit “the places of occurrence” and record
statements of civilian witnesses “due to apprehensions of exposure,
hostility and retaliation from local villagers”.

What probe claims it found

# On March 29 at 11.30 pm, the Amguri police station requisitioned a
platoon of 156 Bn CRPF for an operation. At about 1 am, the platoon
left Amguri police station with Assam Police DSP Manas Saikia and two
people in civil dress who were guides.

# After reaching Ouguri bridge, the joint team left their vehicles and
proceeded on foot to reach D-Kalling village, 3.5 km away, at 2.45 am.
Here the guides identified the house where suspected NDFB(S) cadres
were holed up.

# On entering the house the joint team found a boy, 10 or 11, sleeping
in the front room and two young men sleeping in another room. A hand
grenade was recovered from under their pillow. Right then a woman from
the adjacent house came and took away the boy claiming he was her son.

# When the team reached Ouguri market, it was joined by another, led
by Chirang additional SP B P Barkakoti. Barkakoti’s team included
police, Army and 210 CoBRA personnel. From this point, Barkakoti led
all the teams and all left Ouguri after a discussion.

# At 4.30 am, the convoy stopped on the road near Simlaguri, the
report says. “Soon thereafter, the sound of gunshots was heard. Both
the persons apprehended from the village D-Kalling were found lying
injured by the roadside in an unconscious state with gunshot wounds.
One INSAS Rifle, a revolver, one Chinese hand grenade and a few empty
cartridges were also lying on the ground near them,” the report says.

The report claims that though 210 CoBRA was involved in the operations
according to all official reports, when the inquiry officer examined
some of those said to have been involved they flatly denied having
participated. This, the report claims, shows that something was amiss
since they had earlier claimed credit for the operation.

The probe officer also examined the GPS track log of Team No. 15 of
E/210 CoBRA. “The team… had visited the area of the alleged hostile
engagement… with the NDFB(S) cadres twice — on the first occasion they
stayed there for 15 minutes (from 0214 to 0219 hrs) and on the second
occasion for about 80 minutes (from 0420 to 0540 hrs),” the report
says. “It begs an answer as to why the CoBRA team had visited the said
spot twice on the same day within a few hours.”

The report says that the FIR filed by Assam Police on the operation
and the special situation report prepared by other special forces
“present a fictitious account of the joint operation by the security
forces to conceal pre-planned murders of two persons in custody and
present it as some brave act of professional achievement”.

What the report recommends

The report says that since multiple security forces are involved in
the incident, it is necessary to entrust the investigation to an
external independent agency for impartial and thorough investigation.

“The security forces involved in the joint operation must truly
reflect how systems and processes have weakened over a period of time,
resulting in commission of such unlawful acts in a planned and
coordinated manner. It is absolutely necessary that urgent systemic
reforms be initiated to prevent such wrongdoings in future,” it
concludes.

Who is Rajnish Rai

Inspector general of police Rajnish Rai, who has filed a report
questioning the March 30 encounter in Assam’s Chirang district, is a
1992 batch IPS officer of the Gujarat cadre now serving as CRPF IG
(Northeast Sector).

In April 2007, Rai had arrested three top IPS officers of Gujarat — D
G Vanzara, M N Dinesh, Rajkumar Pandiyan — in the Sohrabuddin Sheikh
fake encounter case. The encounter was initially probed by IPS officer
Geetha Johri, who was replaced when she implicated the three officers.
And after Rai arrested the officers, apparently without informing his
superiors, he was transferred to the state crime records bureau.

When his ACR was downgraded, Rai went to the Central Administrative
Tribunal and in an affidavit accused former DG P C Pande of “an
acquiescent role to the criminal conspiracy of Amit Shah” in the
Sohrabuddin case.



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