[Assam] More on Indian Justice--from Tehelka

2005-08-19 Thread Chan Mahanta
Title: More on Indian Justice--from
Tehelka


Sorry to post such a long one. But since it is not available in
the public domain, I thought it would be useful to the
interested.

cm





Scot-free: The killers in uniform

Senior police officers, who were held responsible for inciting
anti-Sikh violence in 1984, were not merely exonerated; they were
rewarded with promotions and gallantry awards. And now, the Nanavati
Commission has given them a clean chit. Ajmer Singh reports
The Carnage: Sikhs venting their anger at the police
inaction

Ved Marwah, the first police officer to inquire into police
lapses, was asked to stop his investigations midway. Marwah told
the Nanavati Commission that he was asked to discontinue his probe
even before he could examine senior police officers

They were held responsible for the bloody carnage of 1984 - for
directly or indirectly inciting the killings of Sikhs. Yet, these men
in uniform, protectors who turned perpetrators of crime, were rewarded
with promotions and police medals. Some others, who played with
evidence and were to be dismissed from service for being 'a slur on
the police force', were exonerated and have since retired
gracefully.

Tehelka dug up details on police officers who were to be
dismissed from service, but were instead granted promotions. The
Government of India (GOI) appointed the Kusum Lata Mittal Committee in
1987, comprising Justice Dilip Kapoor and Kusum Lata Mittal, to
inquire into the conduct of the Delhi Police during the 1984 riots.
The report, submitted separately by Mittal in 1990, indicted 72
officers. Yet, no action was taken against these officers.

The Justice Jain-Agarwal Committee, also appointed to inquire
into the riots, scrutinised over 400 firs and found improper
investigations were carried out by the police. However, most cases
ended in acquittals.

Ved Marwah, the first police officer to inquire into police
lapses, was asked to stop his investigations midway. In his affidavit
to the Nanavati Commission, Marwah disclosed that he was asked to
discontinue his probe even before he could examine senior police
officers. Ranjit Singh Narula, retired Chief Justice of Punjab 
Haryana High Court, and a witness before the commission, in his
affidavit disclosed that handwritten notes prepared by Marwah were
destroyed following instructions from higher authorities.

But Justice GT Nanavati, in his report, ignored all these
observations and let-off the guilty. No action was recommended against
the guilty officers even though there was credible evidence. The only
exception was the then Police Commissioner, SC Tandon, and a
Sub-Inspector (SI), Hoshiar Singh, who were held responsible for
failing to maintain the law and order and for dereliction of duty
respectively. However, no action can be initiated against them, as
both of them have now retired.

The Mittal Committee exposed the police brutality and their
connivance with criminals. Over 1,200 Sikhs were killed in the east
district of Delhi. According to the committee, a DCP concealed a
number of bodies and directed his subordinates to register only a few
cases. Yet, no action was taken against the officers.

In all, 147 officers were indicted. The Justice Jain-Agarwal
Committee also indicted many police officers. However, no action was
taken against most of them (42 had either retired or were dead). As
for the remaining 105 officers, the Ministry of Home Affairs (MHA)
processed eight cases, and 97 were processed by the Delhi government.
Five officers were exonerated by the MHA. In one case a cut in pension
was recommended for five years, and in another case a restraint order
was passed by the Delhi hc against a DCP. In another DCP's case the
report was delayed, which has now been forwarded to the MHA. No action
was taken in the 97 cases that the Delhi government processed. A few
examples:

Sewa Das Das, who was the DCP (East) during the anti-Sikh riots, is
now special commissioner, Delhi Police. According to the Kusum Lata
Mittal Committee report, Das was prima facie responsible for failing
to supervise and providing leadership to his subordinates. The report
said: "The conduct of Sewa Das is a slur on the name of any police
force and he should not be trusted with or assigned any job of
responsibility, in fact, he is not considered fit for being retained
in service."

The report further said, "Sewa Das removed Sikh officers from
duty who were inclined to take proper measures to deal with the
rioters. The shos under his jurisdiction systematically disarmed the
Sikhs, as a result they couldn't protect themselves. At the same
time no steps were taken to provide police protection to them to
protect their lives and property. Sewa Das did not keep his superior
officers informed of the killings which continued under his
jurisdiction, which amounted to concealment of information and failure
to discharge dutiesĀŠ there is no evidence to show that he took
action to control the situation. The conclusion 

Re: [Assam] More on Indian Justice--from Tehelka

2005-08-19 Thread umesh sharma
C-da,

You and Tehelka make a formidable team in highlighting the problems of Indian society. I think the case against the police officers should be taken up again.

UmeshChan Mahanta [EMAIL PROTECTED] wrote:



Sorry to post such a long one. But since it is not available in the public domain, I thought it would be useful to the interested.

cm





Scot-free: The killers in uniformSenior police officers, who were held responsible for inciting anti-Sikh violence in 1984, were not merely exonerated; they were rewarded with promotions and gallantry awards. And now, the Nanavati Commission has given them a clean chit. Ajmer Singh reportsThe Carnage: Sikhs venting their anger at the police inactionVed Marwah, the first police officer to inquire into policelapses, was asked to stop his investigations midway. Marwah told the Nanavati Commission that he was asked to discontinue his probe even before he could examine senior police officersThey were held responsible for the bloody carnage of 1984 - for directly or indirectly inciting the killings of Sikhs. Yet, these men in uniform, protectors who turned perpetrators of crime, were rewarded with promotions and police medals. Some others, who played with evidence and were to be dismissed from service for being 'a slur !
on the
 police force', were exonerated and have since retired gracefully.Tehelka dug up details on police officers who were to be dismissed from service, but were instead granted promotions. The Government of India (GOI) appointed the Kusum Lata Mittal Committee in 1987, comprising Justice Dilip Kapoor and Kusum Lata Mittal, to inquire into the conduct of the Delhi Police during the 1984 riots. The report, submitted separately by Mittal in 1990, indicted 72 officers. Yet, no action was taken against these officers.The Justice Jain-Agarwal Committee, also appointed to inquire into the riots, scrutinised over 400 firs and found improper investigations were carried out by the police. However, most cases ended in acquittals.Ved Marwah, the first police officer to inquire into police lapses, was asked to stop his investigations midway. In his affidavit to the Nanavati Commission, Marwah disclosed that he was asked to discontinue his probe even b!
efore he
 could examine senior police officers. Ranjit Singh Narula, retired Chief Justice of Punjab  Haryana High Court, and a witness before the commission, in his affidavit disclosed that handwritten notes prepared by Marwah were destroyed following instructions from higher authorities.But Justice GT Nanavati, in his report, ignored all these observations and let-off the guilty. No action was recommended against the guilty officers even though there was credible evidence. The only exception was the then Police Commissioner, SC Tandon, and a Sub-Inspector (SI), Hoshiar Singh, who were held responsible for failing to maintain the law and order and for dereliction of duty respectively. However, no action can be initiated against them, as both of them have now retired.The Mittal Committee exposed the police brutality and their connivance with criminals. Over 1,200 Sikhs were killed in the east district of Delhi. According to the committee, a DCP concea!
led a
 number of bodies and directed his subordinates to register only a few cases. Yet, no action was taken against the officers.In all, 147 officers were indicted. The Justice Jain-Agarwal Committee also indicted many police officers. However, no action was taken against most of them (42 had either retired or were dead). As for the remaining 105 officers, the Ministry of Home Affairs (MHA) processed eight cases, and 97 were processed by the Delhi government. Five officers were exonerated by the MHA. In one case a cut in pension was recommended for five years, and in another case a restraint order was passed by the Delhi hc against a DCP. In another DCP's case the report was delayed, which has now been forwarded to the MHA. No action was taken in the 97 cases that the Delhi government processed. A few examples:Sewa Das Das, who was the DCP (East) during the anti-Sikh riots, is now special commissioner, Delhi Police. According to the Kusum Lata Mittal Committ!
ee
 report, Das was prima facie responsible for failing to supervise and providing leadership to his subordinates. The report said: "The conduct of Sewa Das is a slur on the name of any police force and he should not be trusted with or assigned any job of responsibility, in fact, he is not considered fit for being retained in service."
The report further said, "Sewa Das removed Sikh officers from duty who were inclined to take proper measures to deal with the rioters. The shos under his jurisdiction systematically disarmed the Sikhs, as a result they couldn't protect themselves. At the same time no steps were taken to provide police protection to them to protect their lives and property. Sewa Das did not keep his superior officers informed of the killings which continued under his jurisdiction, which