http://twocircles.net/2010mar25/every_second_police_encounter_india_fake.html

Every second police encounter in India is fake
Submitted by admin4 on 25 March 2010 - 1:48pm.

   - Indian Muslim <http://twocircles.net/news/indian-muslim>

*By Mumtaz Alam Falahi, TwoCircles.net,*

New Delhi: While there is strong resistance by the government and its
agencies including police and even courts for a judicial probe into the
infamous Batla House encounter – ignoring persistent demand, sharpened
following the autopsy report, of the Muslim community and human rights
groups – the official data available with*TwoCircles.net* says every second
police encounter that takes place in the country is fake.

Since October 1993, 2560 cases of police encounters have been brought into
the notice of National Human Rights Commission (NHRC). Of them, according to
the NHRC, 1224 cases have been found fake encounters. It means that roughly
every second police encounter is fake in the country. The information has
been accessed by eminent RTI activist Afroz Alam Sahil after several
attempts. Sahil recently came into limelight for securing the autopsy report
of Batla House encounter victims.



Another interesting point the data reveals is that of 1224 fake encounters,
the NHRC ordered for compensation in only 16 cases.

Sahil, a Jamia Millia Islamia student filed an application with the NHRC
using RTI Act on 24/09/2008. He sought information on three counts: number
of police encounter cases reached NHRC so far, number of fake encounters
among them and details of these fake encounters.

He got incomplete reply on 20/10/2008. The one-paragraph answer to these
questions said: “As per record available with the Commission, so far 2560
cases of police encounter/alleged fake encounter have come up before the
NHRC. The Commission has so far granted compensation in sixteen cases of
police encounter/alleged fake encounter.” The answer did not provide the
number of all fake encounters.



*Sohrabuddin Sheikh*

Unsatisfied Sahil appealed for full information on 29/10/2008. He got reply
on 27/11/2008. “In addition to earlier reply provided to the applicant, it
is submitted that out of 16 cases in which certain acts of
omission/commission resulting in violation of human rights on the part of
public servants were found, 8 have been closed and the remaining 8 are still
under consideration before the commission.” Once again the Commission
skipped the question about the number of total fake encounters. Rather the
repeated information about compensation in fake encounters seemed to
indicate there were only 16 fake encounters. But this was not true. The
actual number of fake encounters was in hundreds.

The petitioner filed a fresh application on 02/03/2009 and asked 7 questions
including: Since October 1993, how many cases of fake encounters, communal
riots/caste violence, death in police custody, exploitation of women and
exploitation of Dalit have come before the commission. In how many of them
public servants were found guilty. How many of them were disposed of or
found wrong. And the case number of fake encounters in which NHRC has given
compensation.
The reply the NHRC sent on 08/04/2009 was revealing. Since October 1993
there were 1224 fake encounters in the country. See the table.

*
Fake encounters 1224*
*

Communal riots/caste violence 432

Death in police custody 2320

Exploitation of women 4502
*

*Exploitation of Dalit 17998
*

The NHRC said that out of the above, in 224 cases, the Commission found
violation of human rights by public servants. The Commission had disposed of
a total of 16784 such cases where no finding/positive recommendation in
respect of proven violation of human rights was made.



*Ishrat Jahan*

However, this reply contrasted its own reply dated 27/11/2008 as for
compensation in fake encounters.

While there were 1224 fake encounters the commission ordered compensation in
only 7 cases. “In 7 cases of encounter, the Commission has awarded
compensation,” says NHRC in the new reply while November 2008 reply said
compensation was given in 16 cases.

Of these seven one was Mohammed Shafi of Andhra Pradesh. The complaint in
his case was filed by Lateef Mohd Khan of Civil Liberties Monitoring
Committee of Hyderabad. The encounter had taken place in Zaheerabad on
22/05/2003. The victim family has been given a compensation of Rs 3 lakh.

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