The Supreme Court which had voluntarily come forward to investigate into the communal violence that rocked Gujarat in 2002, has now during hearing, has questioned the Gujarat Government as to why it should not agree to the entrusting of the so-called encounter death case that took place in the state, to a special investigation team deputed by the court. The Supreme Court which has taken up for hearing the Sohrabuddin fake encounter case that took place in 2005, has sought an answer from the Gujarat government in this direction. As of now, there are greater possibilities of the court taking a justifiable decision in this regard despite opposition from the state government, and entrusting the Gujarat encounter cases to the CBI or the Special Investigation Team of the Supreme Court.
For that matter, fake encounters have not just taken place in Gujarat. Such cases have been reported in significant numbers even in states like Bihar, Uttar Pradesh and Maharashtra. In Karnataka alone at least 15 fake encounter death cases have been reported since the past five year period. In Dakshina Kannada district, three fake encounters took place when Dayananda was the SP. It is significant to note that in all these three encounters those killed belonged to the minority community.
If one goes by the circular sent by the National Human Rights Commission to the DGPs of all states in 1998 itself, encounter deaths should be considered as custody deaths and that FIRs have to be registered against the police officials involved in the encounters, in the respective police stations. Not only that, the cases have to be investigated through senior police officials from outside.
But, so far the police officials involved in all the three encounter death cases reported from Dakshina Kannada (Mulki Rafique,Atique and Shaji), have remained untouched. They are still in departmental service while one of them has even been promoted. Dayananda who was the SP was promoted as DIG. If Venkatesh Prasanna who was involved in two of the three encounters, is presently the DCIB inspector,the tainted Gangireddy who was involved in one encounter, is still continuing in the district despite the several controversies revolving around him. Yet another matter of regret as far as encounter deaths reported in the district is that advocate Naushad Kashimji who had been the legal counsel for the families of the deceased in all the three cases, has been brutally murdered.
These three encounters had sent shock waves in the coastal district. As if adding salt to the injury, the government instead of initiating action against Dayanand and his two inspectors, did not even file an FIR against the officer, as directed by the Human Rights Commission. The officer had to be at least placed under suspension until he was cleared of the charges by the court. In a democratic set up, the ruling government should work towards protecting the constitutional rights of the citizens and not try to shield the police personnel who commit atrocities.
If the government turns a blind eye when the police force meant to protect the interests of the society, itself takes to guns and claims innocent lives, then the government itself should take the blame of such incidents.
One right step that the government can take is to undertake an impartial probe into the cases of human rights violations by police personnel, many of whom shun humanitarian qualities no sooner they are clad in the Khaki. If the state government comes forward to undertake an independent probe into all custody and encounter deaths that have taken place in the state since 2000, then it can be considered as a major step towards protection of the interests of the civilized society.
When Dayanand was the SP of Belgaum, three custody/fake encounter death cases were reported. Yet another custody death case involving Gangireddy has been investigated and the report is before the government. The state government should itself bring to the notice of the High Court all the custody/encounter death cases reported since 2000 and entrust the same to a Special Investigation Team deputed by the Court.
The Supreme Court’s poser to the Gujarat Government is only an indication to all the state governments to voluntarily come forward to undertake an independent and impartial probe into all encounter/custody deaths in their respective states. Power is meant to deliver justice to the people. In case the government is apathetic, then it is tantamount to the fact that it is encouraging injustice.
Let the state government headed by the BJP which claims itself to be a party with a difference, learn its own lesson from the Gujarat incident. In case the state government fails to act accordingly, then it will have to bear the brunt if at all the Supreme Court decides to get all the encounter/custody death cases reported from all over the nation, investigated through the SIT. There is also the possibility of human rights organizations like SICHREM trying to secure suitable court orders in this direction. Therefore, it would be wise on the part of the state government to voluntarily go in for an independent probe into the encounter deaths before the Supreme Court asks it to do so.
But, are we expecting too much from the state government ?
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