COUNTERING
CITIZENS’ REPORT ON EXTRAJUDICIAL EXECUTIONS
IN UTTAR PRADESH AND HARYANA, INDIA
THE
COUNTERING
THE
SILENCE
COUNTERING
THE
SILENCE CITIZENS’ REPORT ON EXTRAJUDICIAL EXECUTIONS
IN UTTAR PRADESH AND HARYANA, INDIA
May 2018
Citizens Against Hate
24 Adhchni, Khazan Singh Building
New Delhi – 110 017, India
www.citizensagainsthate.org
www.facebook.com/AgainstAllHate
www.twitter.com/AgainstHate_Ind
Citizens Against Hate is a collective of individuals and groups committed to a secular, democratic, caring In-dia. It seeks to provide practical help to victims of hate crime and to counter, through research, outreach, advocacy and litigation, hate in all its forms.
This report is the property of Citizens Against Hate. Those wishing to use its contents for non-commercial purposes, may do so freely. We’ll appreciate a word of acknowledgement.
This report is the culmination of a programme of work of a team of Citizens Against Hate, over time. It in-volved, firstly, community activists-cum-researchers directly engaging with survivor families, aiding and sup-porting them to organise documents, the legal help, and ultimately the courage to raise questions of duty bearers, regarding the murder of their near and dear ones in the face of, at best, silence, often reprisal. With-out the untiring commitment of these human rights defenders - Akram Akhtar and Salim Ansari in Shamli, Uttar Pradesh, and Mohammad Arif and Nasir Ali in Nuh, Haryana - this work would not have seen the light of day. @ Other researchers included, in alphabetical order, Baljeet Kaur, Shahnaaz Khan, Vipul Kumar and Mangla Verma, who spent long durations in the field, to take down testimonies of families, examine docu-ments, and interpret the partial data they had access to, seeking to understand the sequence of events. Mangla, as the resident lawyer, also helped with the legal eye to interpret documents and demystify records. Together they marshalled the core of the report’s findings. Saad Zaman and Quill law interns supported the process with background research and analysis. @ Sharib Ali, Khatija Khader and Fawaz Shaheen were at hand to help with planning and designing the research, and propping up the team’s sagging spirits, which was often. Mathew Jacob, Harsh Mander, Suroor Mander, Seema Nair and Devika Prasad provided generous ad-vice and guidance, and often, practical help. @ Shahnaaz Khan also helped with the production of the report, designing and getting it to printers in good time and shape. @ Sajjad Hassan led the study and report writing.
We would like to express our gratitude to all the victims and witnesses who agreed to be interviewed for this report, and generously helped us with relevant documents. We also acknowledge the plentiful help we re-ceived from Aman Biradari Trust in this endeavour.
@May 2018
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TABLE OF CONTENTS
List of abbreviations ……………………………………………………………………………………………………………………………….…….. Pg 5
List of Boxes ……………………………………………………………………………………………………………………………………………….…. Pg 5
List of Tables …………………………………………………………………………………………………………………………………………...….… Pg 5
Note on terminology …………………………….………………………………………………………………..……………………………………. Pg 5
Executive Summary ………………………………………………………………………..……………………………………………..……………… Pg 7
1. Extrajudicial Executions …………………………………………………………………………………………………………………………… Pg 11
1.1 Introduction ………………………………………………………………………………………………………………..……………………. Pg 11
1.2 Methods and Sources ……………………………………………………………………………………………………..……………….. Pg 11
2. Incidence of recent extrajudicial executions …………………………………………………………………………………………….Pg 13
2.1 Uttar Pradesh …………………………………………………………………………………………………………..………………………. Pg 13
2.2 Haryana ………………………………………………………………………………………………………………………………….………… Pg 14
2.3 The encountered: Targeting the vulnerable …………………………………………………………………………..………. Pg 15
3. Encounters and Fake Encounters: Police denial! …………………………………………………………………..……………….. Pg 16
3.1 Versions of the truth and sources ……………………………………………………………………………….………………….. Pg 16
3.2 Evident flaws in police version……………………………………………………………………………………..…………………. Pg 16
3.3 Torture, a common theme ………………………………………………………………………………………………...……………. Pg 18
3.4 Police encounters: Premeditated and with a design …………………………………………….………………………. Pg 20
4. Police undermining the Rule of Law …………………………………………………………………………………….………………… Pg 22
4.1 Refusing to register fake encounters ……………………………………………………………………….……………………… Pg 22
4.2 Mis-investigating fake encounters ……………………………………………………………………………….………………… Pg 23
4.3 Compensation in lieu of prosecution ……………………………………………………………………………………...……… Pg 23
5. Police reprisals: Silencing victims and witnesses ………………………………………………………………….………………… Pg 25
6. What enables police impunity? ………………………………………………………………………………………………………...……. Pg 26
6.1 Laws that enable police abuse ………………………………………………………………………………………………………… Pg 26
6.2 Opaque systems and procedures ……………………………………………………………………………………………...…… Pg 27
6.3 The incentive structure, and command responsibility …………………………………………………………………. Pg 28
6.4 National institutions failing to lead …………………………………………………………………………………….………… Pg 28
7. Conclusion ……………………………………………………………………………………………………………………………….……………… Pg 29
7.1 Uttar Pradesh and Haryana: Patterns of silencing ……………………………….…………………………………………. Pg 29
7.2 Challenges to countering the silence ………………………………………………………………………………..…………. Pg 29
8. Recommendations ……………………………………………………………………………………………………………………..……………. Pg 33
8.1 To state parties ……………………………………………………………………………….………………………………….……………. Pg 33
8. 2 To international community ………………………………………………………….…………………………………..…………. Pg 34
8.3 To civil society and CBOs ………………………………………………………………….………………………………….………….Pg 34
Annexes:
Annex I – UP Table 1 (victims having submitted complaints to NHRC): Case snapshots ……………………….. Pg 37
Annex II - UP corresponding case memos ………………………………………………………………………………..…………….. Pg 46
Annex III - UP Table 2 (Rest of the UP cases): Case snapshots …………………………………………………………..….. Pg 68
Annex IV - Haryana Table: Case Snapshots …………………………………………………………………………………………..… Pg 75
Annex V – Recommendations by UN Special Rapporteur on extrajudicial, summary or arbitrary executions (2012); updates on progress in 2015, and further in 2018 …………………………………………………………………...…….. Pg 86
Annex VI (a): Fact finding interview schedule and documents checklist …………………………………………...…….Pg 89
Annex VI (b): Initial mapping proforma ……………………………………………………………………………………….……….…. Pg 91
Annex Vi (c): Detailed mapping proforma …………………………………………………………………………………………….…. Pg 92
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List of Abbreviations
CrPC: Criminal Procedures Code
FIR: First Information Report
HRC: Human Rights Council
ICCPR: International Covenant on Civil and Political Rights
IPC: Indian Penal Code
NCRB: National Crime Records Bureau
NHRC: National Human Rights Commission
OHCHR: Office of High Commissioner for Human Rights
PCA: Police Complaints Authority
RTI: Right to Information
SC: Supreme Court
UP: Uttar Pradesh
List of boxes
Box 1: Extra judicial executions & ‘fake encounters’ in India (Pg 12)
Box 2: The Persistence of Torture in India (Pg 19)
Box 3: Supreme Court judgement on encounter killings (Pg 20)
Box 4: NHRC guidelines on custodial deaths and encounter killings (Pg 21)
Box 5: National and International obligations on criminal procedures (Pg 24)
Box 6: Police reform in India? (Pg 27)
Box 7: Recommendations of the UN Special Rapporteur on extrajudicial,
summary or arbitrary executions, to India (2012) (Pg 31)
List of tables
Table 1: Extra judicial executions in western UP – CAH fact finding list (Pg 14)
Table 2: Extra judicial executions in greater Mewat region (Haryana, Rajasthan, UP)
(CAH fact finding list) (Pg 14)
Note on Terminology
Panchnama: A statement, recorded at the scene of crime/offence, of persons present at the time of arrest, search and seizure, including Investigating officers, Prosecuting witnesses, the accused and any mediators.
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1. There has been a large number of extrajudicial executions by the police in India in re-cent years, especially in Uttar Pradesh (UP), and over time in neighbouring Haryana, most-ly of Muslim youth. In UP, media reports, validated by government claims, count 50 deaths in ‘encounter killings’, from March 2017, when Chief Minister Yogi Adityanath took office, to date. In Haryana, there is no reported head count, estimates range from 15 to 50, over a ten year period.
2. This report, by Citizens Against Hate alliance, seeks to record the extent of the these ‘fake encounters’; document the circumstances of the killings; and investigate the working of the criminal justice system, specifically how guidelines by the Supreme Court and the National Human Rights Commission on encounter killings are being followed, as a means to understand accountability.
3. The research is based on a sample of 16 encounter episodes in UP, all in western dis-tricts; and 12 in Mewat region of mostly Haryana, involving mostly Muslim victims. It in-volved interviewing victim families and witnesses; examining legal documents available to us (FIRs, autopsy reports); asking RTI questions to state police and NHRC; and extensively surveying media reports.
FINDINGS
4. All victims we studied, come from vulnerable social groups. Most came from poor ‘lower castes’ backgrounds, typically, landless farmers, engaged in manual labour and as farm hands, or working as informal sector workers, as hawkers. In UP most were undertri-als, with some past involvement in petty crime. In Haryana, most were from Meo and Guj-jar backgrounds, involved in cattle trade, either as drivers or handymen, or traders.
5. The police account of the encounters, paints a picture of hardened criminals attacking a police party lying in wait - warned by prior intelligence - and the police party returning fire in self-defense, resulting in the victim being fatally shot, while the unnamed accom-plice escapes. Examination of FIRs and post mortem reports, and interviews with family re-veals serious lapses in the police version.
FIRs spread over multiple episodes, use exactly the same text, hinting at use of a com-mon template by state police to record the version of the incidence.
There is similarity also in recovery of weapons from each deceased culprit. Most of those killed have, in police FIRs, the same number of weapons on them.
Basic procedures of criminal investigation, such as recording seizure memos and spot panchnamas, appear not to have been followed in many cases
Autopsy reports contradict the FIR version. Most bodies had tattooing marks and blackening of skin around bullet holes, indicating close range shooting and not a shoot-out. Most also had direct hits to the body, making a shoot-out implausible.
Police officers involved were minimally injured,
Lack of independent (civilian) eye witnesses to the ‘encounter’, whereas many persons
EXECUTIVE SUMMARY
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claim to have witnessed the victim being picked up earlier by the police.
Most victims were put on police’s most-wanted lists, after the murder.
6. Torture, a common theme across cases. Most families reported having received dead bodies that had signs of grievous injuries to the body, not explained by a shoot-out.
7. Encounters, not spontaneous, but pre-planned, designed to serve the purpose to instil fear in the minds of supposed criminals and raise the image of government in the public eye, as being tough on crime.
8. Supreme Court judgement and NHRC guideline exist for police to follow in encounter cases. Our research revealed these were being flouted routinely.
Most cases we studied, did not have FIR of murder of the deceased filed by police, something required by law
where families attempted to file complaint or seek help to address grievance, they were met by strong resistance from police, in the form of threats of charging in false cases, even of getting another family member ‘encountered’.
Where families had still yet tried to, the court has denied the petition on the strength of objections by district police
Police did not report encounter deaths, to family, another requirement
Family not provided legal documents (FIR, PM report…), another requirement
Family statement not recoded by police, or in magisterial enquiry, yet another obliga-tion
We did not find a single instance of a police officer having been prosecuted in these
Compensation provided to only a few cases, and mostly as a tool to silence families.
9. Widespread police reprisal, to silence families, preventing them from seeking redress.
Takes the form typically, of involving another family member in a petty case, hence instilling the fear of being picked up by police anytime. Other acts include harass-ment and vandalism by police of victim’s house; threats of murdering family members and relatives in ‘encounters’; and illegal detention of relatives.
Where families have mustered courage to speak out, more serious accusations have been made. In several cases, accusations of rape have been initiated by police against family members.
After media began reporting encounter cases in west UP, the police stepped up at-tempts to intimate affected families further, to silence them.
10. Impunity: Police’s continuing ability to undermine SC and NHRC directions to check ‘fake encounters’, speaks to the impunity they enjoy. Impunity is aided by:
i) Enabling laws, aiding police abuse:
Sec 46(2) of the Criminal Procedures Code, allowing police to use all means possible, including lethal force, to make arrests
Section 96 of Indian Penal Code recognizing individual’s right to self-defense.
Exception 3 of Section 300 of IPC
Section 197 CrPC, providing impunity to police personnel against prosecution
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Harsh cow protection laws in several states, that give undue powers to police
ii) Lack of transparency in police functioning: Police procedures including recording of FIRs have remained opaque. There is also little independent complaints redress mecha-nism. Independent Police Complaints Authorities, required under Supreme Court guidelines on police reforms, have remained unrealized.
iii) Incentive structure: more towards violating guidelines, than observing them. In UP, state government seems to have launched a drive for encounter killings. Has also a re-ward system for officers fighting crime aggressively. Officers seen as high achievers, have been known to be given ‘prize’ postings. Similar in Haryana.
iv) National institutions, not proactive: NHRC tasked with checking encounter killings does not seem to be proactively pursuing the goal. Not much in the public domain on efforts to monitor implementation of its and SC guidelines.
11. RECOMMENDATIONS
11.1 State parties:
Central and State governments
i. Review laws that encourage impunity, to bring them in compliance with internation-al standards and obligations and to remove any legal barriers for prosecution of public servants: Section 46 (2) of Criminal Procedure Code (CrPC); Exception 3 of Section 300 of IPC; and Sec 197 of CrPC;
ii. Enact laws on torture, and amend Indian Evidence Act, 1872, to make inadmissible evidence obtained on the basis of police interrogation that involved torture and other cru-el, inhuman, or degrading treatment or other illegal coercion
iii. Amend Sec 100 of IPC that enumerates the conditions for the exercise of the right to self-defense (u/s 96 IPC), by setting limit on the excessive use of force by police.
iv. Amend State cow protection laws (Haryana, 2015) specifically the sections that give excessive powers to the police, whilst putting the burden of proof on the accused
v. Amend Section 36 of the Protection of Human Rights (Amendment) Act, 2006 to permit the NHRC to inquire into violations pending before other commissions or which occur more than one year before the date of the complaint
vi. Implement Prakash Singh order on Police Complaints Authority at district and state levels, giving them adequate resources and powers, and independence.
vii. Revise SC guidelines to bring out specific and clear directions for recording of state-ments of family (and not just the "witnesses"); immediate access of the family members to FIR and post-mortem report; recording FIRs u/s IPC 302 - not leaving it up to the discre-tion of police to decide what kind of an FIR would be registered; and strengthening the NHRC to make it play a more proactive role in protecting human rights of those that are denied it.
viii. Encourage in police ranks, a culture that rewards respect for human rights and pro-fessional conduct
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NHRC (and State Commissions)
i) Encourage independent investigations into police complaints. Take up cases men-tioned in the report for independent, timely investigation
ii) Establish a system of monitoring effective implementation by states of Supreme Court judgement and NHRC guidelines on encounter killings.
iii) Set up a system to support states and state police forces with capacity to be able to effectively implement the guidelines
iv) Make NHRC working more transparent, as aid to victims and civil society, to contrib-ute to better community monitoring of implementation of SC and NHRC guidelines.
To international community
i) Relevant mandate holders of the Human Rights Council (HRC) should undertake vis-its to India, to investigate cases mentioned here, and others of the similar nature
ii) Encourage state parties to independently investigate cases mentioned, prosecute officers found guilty, and order adequate compensation for victims, and protection for them
iii) Make communication to HRC/ Office of High Commissioner of Human Rights (OHCHR) accessible for victims and civil society, to be able to seek redress through OHCHR.
To civil society/community based organisations
i. Better documentation of violations of right to life of victims, as evidence
ii. Better education of survivor families, on their rights to redress, justice and compensa-tion, among others
iii. Better support to families, to encourage them to voice complaints
iv. Better use of NHRC mechanisms to lodge complaints
v. Better use of special mandate holders (of UN/HRC) to bring cases of violation of rights
to life to the notice of UN mechanisms.
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1.1 Introduction
There has been a large number of extrajudicial executions by the police in India, in recent years, especially in the northern state of Uttar Pradesh (UP), and over time in neighbour-ing Haryana, mostly of Muslim youth. Extrajudicial executions by police and security forc-es in India are commonly called ‘encounter killings’ or ’fake encounters’1. The Supreme Court of India (SC) and the National Human Rights Commission (NHRC) have, from time to time, issued specific guidelines to prevent such killings, by holding the police and state authorities to account, procedurally. Yet these illegal executions continue, with seeming impunity. This brief report, by a civil society alliance to investigate the facts in the recent cases, seeks to unearth and report the truth in a sample of these cases, from a victim per-spective, in an effort to help survivor families seek justice and for the police and other ‘duty bearers’ to be held to account for their actions, strengthening the rule of law in India.
Citizens Against Hate, a platform of civil society organisations and individuals, investigat-ed ‘encounter’ killings in Uttar Pradesh and Haryana provinces, specifically looking at the large number of Muslim youth that were reported being targeted. The ‘fact finding’ field research conducted between October 2017 and April 2018, sought to record the extent of the executions; document the circumstances of the killings; and investigate the working of the criminal justice system, specifically how guidelines by the Supreme Court and NHRC were being followed, as a means to understand accountability.
1.2 Methods and sources
We used media reports and anecdotal evidence, to record ‘fake encounter’ episodes; inves-tigated a sample of cases (16 in Uttar Pradesh and 12 in Haryana), by visiting and interview-ing survivor families, and documenting their testimonies. The choice of these cases was determined firstly by our focus on western UP districts and Mewat region of Haryana and neighbouring Rajasthan, both with large number of reported cases of Muslim youth ‘encountered’, and where CAH has been working for some time, providing support to vic-tims of hate crime against minorities. (Citizens Against Hate, 2017). We gleaned official ac-counts of incidents though legal documents, and analysed those for contradictions; also sought to understand state’s compliance of Supreme Court and NHRC guidelines through making application to authorities under Right to Information (RTI Act, 2005) legislation. Throughout we also used media reports extensively to reference incidents and trends.
The report is organized as follows: We commence with cataloguing incidents in Uttar Pra-desh and Haryana, separately (sec 2), followed by reporting trends of the executions, to
1. EXTRA JUDICIAL EXECUTIONS
1 The Supreme Court in People's Union for Civil Liberties v. Union of India and another, called death of aggressors by police
and security forces through disproportionate use of force as “administrative liquidation”. Supreme Court of India, in Extra
Judicial Execution Victim Families Association (EEVFAM) and Ors. Vs. Union of India (UOI) and Ors (AIR 2016 SC 3400).
COUNTERING THE SILENCE
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identify flaws in police accounts of the episodes as being encounters in self defense. (Sec 3). We then (sec 4) provide evidence on how the police undermines the criminal justice sys-tem, violating due process regularly; followed by (sec 5) trying to understand what enables police impunity in fake encounter cases, concluding (sec 6) with drawing out some com-mon threads on the subject. This is followed (sec 7) by a set of recommendations to state parties, to the international community, and lastly to civil society and CBOs. The detailed case records of the 16 cases from Uttar Pradesh and 12 from Haryana are annexed to the re-port.
Extrajudicial executions are defined as: "unlawful and deliberate killing carried out by order of a state actor, or with the state's complicity or acquiescence."(Viray, Patricia Lourdes, 2016). They refer to what the criminal law calls “murder” or “homicide”, being deaths caused intentionally, in this case by the attacks or killings by State security forces or paramilitary groups, death squads or other private forces cooperating with the State or tolerated by it. Extrajudicial executions also con-stitute the deliberate and intentional killings of civilians or combatants considered hors de combat as well as what are the result of a “merciless war”, i.e. those resulting from orders to leave no survi-vors. (Federico Andreu-Guzmán, 2015)
Evidence from India, points broadly to two types of extrajudicial executions carried out by the po-lice (Human Rights Watch, 2009:91)
i. In the first, suspects die during custodial torture or by execution and police deny all responsi-bility, claiming the death was caused due to other causes. instead that there were other caus-es for the deaths.
ii. In the second, known as “fake encounter” killings, the police acknowledge the killings but falsely claim they acted in self-defense or to prevent victims from fleeing arrest. These are fabricated shoot-outs, to win public favour or in furtherance of police officers’ own political or criminal ties.
The UN’s Special Rapporteur on extrajudicial, summary or arbitrary executions, noted:
Where they occur, “fake encounters” entail that suspected criminals or persons alleged to be terrorists or insurgents, and in some cases individuals for whose apprehension an award is granted, are fatally shot by the security officers. A “shootout scene” is staged afterwards. The scene portrays those killed as the aggressors who had first opened fire. The security officers allege in this regard that they returned fire in self-defence. After the incident, the security officers register an FIR, which often reflects their account of events. (2012:5, para 13)
Extrajudicial killings have long been a part of India’s socio-political landscape. It was first em-ployed in Andhra Pradesh in 1960s against individuals seen as opposed to the State. In the 1960s and 1970s, custodial and extrajudicial killings of Naxalites became standard police practice. In counter insurgency operations in Kashmir and Punjab, fake encounters became routine, as a quick way to get rid of society of terrorists and opponents of State. (Human Rights Law Network, 2008)
Box 1: Extrajudicial executions & ‘fake encounters’ in India
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According to the Human Rights Watch report, in the late 1980s, the term “encounter killing” emerged, following a spate of police operations against individuals alleged to be involved in orga-nized crime. “Encounter specialist” police officers often made only faint gestures toward firing in self-defense because they enjoyed vast public support for what the media depicted as vigilante-style heroism in courageously hunting and gunning down criminals. The government awarded gal-lantry medals and promotions to police who “scored” dozens of encounter deaths, crediting the deaths, rather than arrests, with breaking organized crime’s stronghold on Mumbai and Delhi, and reducing gang violence in Bangalore. In this narrative, the police officer as judge, jury, and execu-tioner was necessitated by the impotence of a clogged court system that, given its low conviction rate, was out of touch with the reality of escalating levels of violence. (2009:92)
The problem has become so grave that the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, in his report to the Human Rights Council, after his visit to India in 2012, not-ed: “the NHRC also acknowledged the problem of encounters in India, and expressed its agree-ment with the view that encounter killings “have become virtually a part of unofficial State policy”. (p 5, Para. 17 )
2. 1. Uttar Pradesh
According to most recent reports, 49 persons have been executed (in over 1100 ‘encounters’) in Uttar Pradesh, since March 2017. (The Hindu, 31-03-2018) According to offi-cial data released by Uttar Pradesh police, there were 1144 ‘encounters’ in the state from 20th March, 2017, to 31st January, 2018, in which 34 criminals were killed and 2744 were ar-rested. (Outlook India, 01-04-2018)2. The latest case was reported in the media on 4th May, 2018, of one Rehan in Muzaffarnagar in western UP, with newspaper headlines reading, “Uttar Pradesh Encounter Death No 50: Same Chase, Same Story’. (Indian Express, 04-05-2018)
Extrajudicial executions have been common occurrence in Uttar Pradesh in the past too. NHRC registered 1782 cases of ‘fake encounters’ nation-wide, between 2000-2017. Uttar Pra-desh accounted for 44.55 per cent of all of these. NHRC recommended compensation in 314 of these cases, all over the country – 160 of these were from UP. (Firstpost, 02-02-2018) Yet the record of the past year, since Yogi Adityanath, the incumbent state Chief Minister, took power in March 2017 at the head of BJP majority government, exceeds all previous records. The current round of executions also seem to have a bias motive, against marginalized communities, particularly poorest Muslims.
We ourselves spoke with families of 17 victims of extrajudicial encounters, in 16 encounter incidents, all from west UP districts, with the highest concentration of ‘encounters’ in Uttar Pradesh. (Table 1) These are Shamli, Muzaffarnagar, Saharanpur, Meerut districts, with a high concentration of Muslims, and a social and administrative milieu that has seen much polarization on religious lines, over the past years, including that leading up to and affected by the mass violence that targeted Muslims in Muzaffarnagar, Shamli, and neighbouring districts, in 2013. We used media reports to identify victim families from these districts, and then through local partner networks reached out to the families.
2. INCIDENCE OF RECENT EXTRAJUDICIAL EXECUTIONS
2 Four policemen were also killed and 247 were injured during these encounters which took place in Agra, Meerut, Lucknow,
Allahabad, Bareilly, Gorakhpur, Kanpur, and Varanasi
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Table 1: Extra judicial executions in western UP – CAH fact finding list
SN Deceased Date of incident District of incident
1 Ehsaan 25-03-2018 Saharanpur
2 Akbar 03-02-2018 Shamli
3 Noor Mohammad 30-12-2017 Meerut
4 Shamim 30-12-2017 Muzaffarnagar
5 Aslam 09-12-2017 Gautam Budhnagar
6 Ramzani 08-12-2017 Aligarh
7 Furqan 22-10-2017 Muzaffarnagar
8 Sumit 03-10-2017 Greater NOIDA
9 Waseem 28-09-2017 Meerut
10 Mansoor 27-09-2017 Meerut
11 Jan Mohammad 17-09-2017 Muzaffarnagar
12 Shamshad 11-09-2017 Saharanpur
13 Nadeem 08-09-2017 Muzaffarnagar
14 Ikram Tola 11-08-2017 Shamli
15 Qasim 02-08-2017 Mathura
16 Naushad 29-07-2017 Shamli
17 Sarwar 29-07-2017 Shamli
2.2. Haryana
There is no head count of those executed in neighbouring Haryana state, and our own Right to Information Act (RTI) questions to NHRC and state government have not revealed much. Our fact-finding investigation in Dec 2017- Feb. 2018, in Mewat area straddling Har-yana, Rajasthan and Uttar Pradesh3, was inspired by news, whilst undertaking an earlier fact finding on cow related vigilante killings against Muslims in the area in July 2017 (Citizens Against Hate, 2017), of frequent ‘encounters’ there. For our current fact finding, we used snowballing technique to base our data collection on, confirmed by civil society groups. This has provided the following list of 13 persons executed in 12 incidents. (Table 2)
Table 2: Extra judicial executions in greater Mewat region (Haryana, Rajasthan, UP)
(CAH fact finding list)
SN Deceased Date of incident Incident Location Home village/town
1 Talim 07-12-2017 Alwar, Rajasthan Salaheri, Nuh , Haryana
2 Munfaid 16-09-2017 Nuh, Haryana Salaheri, Nuh, Haryana
3 Naseem 20-08-2016 Alwar, Rajasthan Adbar, Nuh, Haryana
4 Ruddar 05-2016 Kosi Mathura, UP Hathin, Palwal, Haryana
5 Zahid 31-05-2015 NH-8, Rewari, Haryana Dhulawat, Nuh, Haryana
3 Technically Nuh district and parts of Rewari districts of Haryana, and adjoining areas of Alwar district in
Rajasthan state, all part of the wider Mewat cultural zone, inhabited mostly by Meo Muslims.
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SN Deceased Date of incident Incident Location Home village/town
6 Qarar 31-05-2015 NH-8, Rewari, Haryana Dhulawat, Nuh, Haryana
7 Arif Khan 20-10-2014 Alwar, Rajasthan Alwar, Rajasthan
8 Farid 30-12-2013 Gulalta, Nuh, Haryana Bharatpur, Rajasthan
9 Jasmaal 05-09-2011 Palwal, Haryana Hathin, Palwal, Haryana
10 Azmat 17-05-2011 Kosi, Mathura, UP Mamlika, Nuh, Haryana
11 Naseem 17-05-2011 Kosi, Mathura, UP Singar, Nuh, Haryana
12 Salim 15-05-2010 Mathura, UP Bharatpur, Rajasthan
13 Jahul 17-03-2010 Mathura, UP Hathin, Palwal, Haryana
Table 2: (continued)
2.3. The encountered: Targeting the vulnerable!
Uttar Pradesh
An analysis of the headcount of those executed in Uttar Pradesh in the past year, reveals that close to half of those were Muslims. (Muslims make up only 19 per cent of the total population of UP). Other victims too came mostly from ‘lower castes’ backgrounds. All be-longed to poorest sections – typically, landless farmers, engaged in manual labour and as farm hands, or working as informal sector workers, as hawkers. Most victims of executions were ‘undertrials’, viz. those incarcerated on suspicion of crimes and awaiting court convic-tions. According to National Crimes Records Bureau (NCRB) prison report 2015, two thirds of jail inmates in India were undertrials. Over 55 per cent of these were from marginalised groups (specifically Muslim, Dalit, Adivasi). In Uttar Pradesh too, this figure is especially high for Muslims (27 per cent). Evidence proves majority of undertrials are from poor back-grounds, accused in minor offences and have no access to legal aid. In and out of jail since early adulthood, undertrials are unable to have a normal life. According to the same NCRB report, 70 per cent of undertrials had not passed class tenth. (The Wire, 24-02-2018). Our list of 16 victims (Table 1) largely, reflects this profile.
Haryana
In Haryana too, all victims we identified were poor backward caste Muslims, such as Meos and Gujjars, mostly engaged in cattle trade and the meat supply chain, including drivers, manual labourers, and informal sector workers. All were socio-economically marginalized, were mostly assetless or had only a marginal asset base. Mostly trading in cattle and meat, they took great risks in these communalised times to continue to trade in cattle and meat. Their traditional skills in these professions and the lack of alternative means of livelihoods, acted to keep them locked in these high-risk professions. Literacy levels are low and educa-tion attainment only poor for victims and the dependents they left behind.
These finding resonate earlier insights on extra judicial executions, that highlighted the fact that traditionally marginalized groups are especially vulnerable to abuse. (Human Rights Watch, 2009). The report goes on to explain “…… that vulnerability is … the product of an abusive police culture in which an individual’s ability to pay a bribe, trade on social status, or call on political connections determine whether they will be assisted or abused.” (Ibid).
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3.1. Versions of the truth and sources
We begin our analysis by interrogating the claims by the police – made most brazenly through the media in Uttar Pradesh by the state administration, but more often and gener-ally in the writing of the First Information Reports (FIR) the police register of the ‘encounter’ incident – of the chain of events leading up to the encounter and its descrip-tion. This is not an easy task. A word on that is in order. Almost all of the official record generated of and around any encounter episode is owned by the police. These include, be-sides the FIR, entries in General/Daily Diary maintained at police station level, of all move-ments and incidents, Wireless log record, vehicle log record, ‘panchnama’4 and recovery records, as well as case diary once FIR has been registered and investigation commenced, among others. Problem is, most of these are neither available publically, nor is it easy to access these documents easily. One could ask for these through RTI applications, and trial courts could order these records to be provided to victims, but neither is an easy and time-ly route, nor is fool-proof. The official data sources for this analysis have therefore been weak. In the absence of independent civilian witnesses (in FIRs, accomplices are mostly un-named) and autopsy reports, either doctored or not available to victims, it is even more difficult to conclude definitively what the truth of the event was.
Family testimonies provide an alternative –providing information contradicting police ac-counts, of the circumstances in which the victim was picked up by the police, the condition of dead body that was received by the family, and the manner in which it was transferred by the police. Testimonies also provide an insight into police attempts to silence families, and of the reprisals against those that decide to stand up to them. Family testimonies therefore are vital evidence for our enterprise. We base most of our analysis of the cases, on family testimonies, as well as, unexpectedly, on the inconsistencies we noticed in police ac-counts, gleaned from the little official records we had access to. Based on this analysis, we can say that there is high plausibility of these ‘encounters’ being indeed ‘fake encounters’, i.e. extra-judicial killings by the police that have been staged by them and recorded as such. Below we provide illustration of the inconsistencies we noticed.
3.2 Evident flaws in Police’s claims
An examination of the documents we could access (FIRs mostly, but in some cases also au-topsy report), and interviews with family members of victims, reveal serious lapses in the police version.
i) The sequence of events which led to the ‘encounter’ as stated by the police in these widely divergent FIRs recorded by them, tend to be identical.
3. ‘ENCOUNTERS’ AND ‘FAKE ENCOUNTERS’:
POLICE DENIAL!
4 A statement, recorded at the scene of crime/offence, of persons present at the time of arrest, search and
seizure, including Investigating officers, Prosecuting witnesses, the accused and any mediators.
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This is usually somewhat like this:
Just before the encounter, police receive tip off about the location of a known criminal. Police conduct checks/set up road block to apprehend the criminal. Bikes or cars that the alleged criminals are in, refuse to stop, when waved down, and instead start shooting at the police. Police fire back in self-defense. Victims receive bullet injures and die on the spot or are declared dead on being brought to a hospital, while the alleged accomplice if any (who remains unknown), es-capes. A cache of arms and cartridges is recovered from the site.
In Uttar Pradesh, we noticed multiple FIRs used exactly the same text, hinting at use of a common template by state police to record the version of the incidence. These all identify the victim as aggressor, against whom the police fired in self-defense.
Majority of the FIRs had different versions of the following formulation describing the inci-dent, adapted to local contexts:
Police were alerted of (numbers) criminals who were roaming in (place) to com-mit loot and robbery. Police set up barricades to apprehend the criminals. The criminals numbering ….on a motorcycle, tried to flee after seeing the police. They were chased by the police. Criminals fired gun shots at police, police fired back in self-defense. One criminal was injured, who was taken to hospital, but suc-cumbed to his injuries, on the way or on reaching the hospital. The other accused escaped and could not be identified. Inspector (name) received a bullet injury on his thighs and Constable (name) was hit on his leg.
ii. There is also similarity in recovery of weapons from on each of the deceased culprits, whose volume too is questionable. Each person is found armed with one .32 bore pistol, and two .315 bore tamanchas (country made pistol), a 12 bore shotgun, and, in many cases, a musket. Most of those killed have the same number of weapons.
iii. Standard operating procedures relating to criminal investigation, such as recording seizure memos and spot panchnamas have not been followed in many cases , hinting that these were in-fact planted evidences. There are also serious procedural gaps in recoveries of vehicles, again hinting serious fabrication.
iv. Autopsy reports that we managed to access, contradict the FIR version
Most bodies had tattooing marks and blackening of skin around bullet holes, indicat-ing that the shooting had taken place at very close range, and could not be attributed to bullet marks in a shoot-out. (Waseem, 28/09/17, Meerut; Mansoor, 27/09/2017, Sa-haranpur; Sumit Gujjar, 8/10/2017, Baghpat)
Most cases had direct hits to the body, head, face or chest, again unlikely in a shoot-out. (eg, Waseem, 28/9/17, Meerut; Sumit Gujjar, 8/10/17, Baghpath; Shamshad, 11/09/2017, Saharanpur; Sarwar and Naushad, both 4/8/2017, Shamli; Mansoor, 27/9/17, Saharanpur)
v. Injuries to police officers in these incidents, as recorded in the FIRs, are consistently
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minimal, with bullets just grazing past, even though the alleged criminals shot at them in-discriminately5. There are also not enough bullet shells to account for such indiscriminate firing. (Waseem, 28/9/17; Meerut; Mansoor, 27/9/17, Saharanpur; Shamim, 30/12/17, Mu-zaffarnagar)
vi. In many cases, the ‘encounter’ is reported to have occurred in sugarcane fields, through which, the police claim, the alleged criminals tried to escape. (eg. Furqan, 23/10/17, Shamli). Sugarcane plant can grow upto 6 metres tall – to get straight shots, especially with direct hits to the body in these, seems far- fetched.
vii. There is a lack of (civilian) eye witnesses to the ‘encounter’ – Example: Ehsan, 25/03/2017, Saharanpur, (Indian Express, 29-03-2017). Most accomplices that survive, are unnamed in the FIRs. At the same time there are many witnesses to victims being taken away by police just prior to being reported killed in an encounter. (Naushad, Sarwar, Aslam, Ramjani, all UP)
viii. In a majority of the cases, family members revealed, the police put the victims on most-wanted lists and with rewards on their head, just after the incident. (The Wire, 24-02-2018)
5 There have been 4 deaths reported among policemen, in Uttar Pradesh. (The times of India, 10-01-2018)
Mansoor: (27/9/17, Saharanpur): Mansoor’s mother identifies 2 police officers who took away Mansoor from their house in her presence, while other policemen stayed in the car; later that night, according to the mother, police came and forcibly took signature of father on some papers, not informing family that Mansoor had already been killed.
Sumit Gujjar (8/10/17; Baghpath): Witnesses saw police take Sumit away. When family tried to file a missing persons report with the police, they were refused.
3.3. Torture, a common theme
The autopsy reports we reviewed, and interviews with families, reveal torture, as a common theme across the cases
Ikram (11/8/17, Baghpat): As per autopsy report, Ikram received a total of 9 bullet inju-ries. It mentions three fractures to his body. According to family’s testimony, his body had severe wounds of torture. His ribs were broken and he had a large injury on the back of his head.
Ramzani (11/8/17, Aligarh): According to family, Ramzani had died due to torture, and was shot dead after.
Sumit Gujjar (8/10/17, Noida): Back and chest found blue, presumably with beating; back-bone broken as if some heavy object had been rolled over his body; ribs found cracked; arms were fractured. One eye was totally mutilated and two teeth were miss-ing,
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Shamshad (11/09/17, Saharanpur): broken bones. Autopsy report reveals that the body was 3-4 days old, while police had claimed the death to have occurred the same day.
Aslam (9/12/17, Noida): Excerpt from wife’s testimony:
“When my husband’s dead body was brought home, I noticed multiple signs of torture. His waist
was black and blue in colour and his hands were broken, suggesting that my husband was beat-
en and tortured before being short.”
Naushad and Sarwar (4/8/17, Shamli): Family testimony mentions several broken bones and torture wounds
Nadeem (8/9/17, Muzaffarnagar): family describes all bones being broken, and body having cigarette torture burn marks
Aslam (9/12/17, Noida): arms and legs fractured according to family, severe beatings and torture marks
Noor Mohd: family attests broken arm, broken leg, severe beatings. Family is in pos-session of recent x-ray report (prior to encounter), showing serious knee injury, prov-ing the victim was in severe pain and would physically be incapable of a stand-off with the police, as the police claims.
Zahid (31/5/15, Rewari, Haryana): According to family and friends, Zahid’s body was severely disfigured including face, with acid, some body parts were missing.
Box 2: The persistence of torture in India
Torture by police is routine in India. The Supreme Court has said that “dehumanizing torture, assault and death in custody” are so “widespread” as to “raise serious questions about credibility of rule of law and administration of criminal justice.” (Dalbir Singh v. State of U.P. and Ors., WRIT PETITION (Crl.) NO. 193 OF 2006, decided 2/3/2009, paras. 8-9). Documentation done by NHRC and human rights groups indicate minimally more than 1000 cases of torture and custodial death every year. (Lokaneeta & Jesani, 2016). Its purpose and severity varies across different contexts in India.
What is lacking is a special law criminalising torture in India or governing mechanisms on pre-vention of torture. In 2010 the Prevention of Torture Bill was introduced by the government in the Parliament, but it lapsed without seeing the light of day. In 2017, Law Commission of India in its 273rd report presented a draft of The Prevention of Torture Bill 2017, but the bill has not been tak-en up in the Parliament so far, indicating the lack of enthusiasm by the state to come clean on tor-ture practices.
This evident lack of will is remarkable, given India’s commitment made to the international com-munity and to its own citizens.
In 1997, India signed the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in short, UN Convention Against Torture, adopted by UN General As-sembly on 10th December, 1984 (Resolution No.39/46). India has also ratified the International Covenant on Civil and Political Rights (ICPPR). Both statutes prohibit torture and cruel, inhuman, and degrading treatment. These commitments are also reflected in the court pronouncements.
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For example, Supreme Court has interpreted the constitutional right to liberty and human dignity
as an “an inbuilt guarantee against torture or assault by the State or its functionaries.” (Dalbir
Singh v. State of U.P. and Ors., WRIT PETITION (Crl.) NO. 193 OF 2006, decided 2/3/2009, paras.
8). Directives issued in D.K. Basu v. West Bengal establish detention procedures such as medical
examination of individuals in custody upon arrest and every 48 hours. D.K. Basu v. State of West
Bengal, JT 1997 (1) SC 1).
Box 2: (continued)
3.4 Police ‘encounters’: premeditated and with a design
Given the above inaccuracies in the police versions, the large-scale executions, in what is made out as bonafide encounters with criminals, seem like having been set up. In any case, these encounters do not come across – from interviews with victim families and particular-ly a study of the documents that are available – as being spontaneous. Rather there are signs of pre-meditated planning of these incidents and of stage managing communication around the encounter story.
In Uttar Pradesh, evidence points to use of encounters as a means to instill fear in the minds of criminals, and to raise the image of the state government and the police, in the public eye, as being tough on crime and criminals6. (The Wire, 24-02-2018). The NHRC said as much, in a recent notice to state government on the subject:
“ it seems that the police personnel in the state of Uttar Pradesh are feeling free misusing their power in the light of an undeclared endorsement given by the higher ups. they are using their privilege to settle scores with the people”. (NHRC, 6 Feb. 2018)
Box 3: Supreme Court judgement on encounter killings
Supreme Court of India in the case of PUCL Vs. State of Maharashtra [(2014) 10 SCC 635] issued the following guidelines as standard procedure for “thorough, effective and independent” investigation in
the matters of police encounters:
1. Any intelligence or tip-offs about criminal activities/movements must be recorded either in writing or electronic form
2. If pursuant to the tip-off, police uses firearms resulting in death of a person, then an FIR shall be registered and sent to the court as per sections 157 and 158 of CrPC.
3. Independent investigation shall be conducted by the CID or police team of another police station fulfilling eight minimum investigation requirements
4. Mandatory magisterial inquiry into all cases of encounter deaths
5. NHRC or State commission must be immediately informed; Commission shall get involved when there are serious doubts about independent and partial investigation.
6. Medical aid to injured victim/criminal and a magistrate or medical officer should record statement
6 CM Yogi Adityanath: ‘Today the people are secure and safe. The police used to be scared…we have changed
that. The police is leading from the front.’ (The Wire, 24-02-2018)
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7. It should be ensured that there is no delay in sending FIR, diary entries, panchnamas, sketch, etc., to the concerned Court.
8. Full investigation report shall be sent to competent court under section 173 of Cr.P.C and trial should be concluded expeditiously
9. Next of kin of the dead should be informed at the earliest.
10. Six-monthly statements of all encounter killings to be sent by DGPs to the NHRC by 15th of January and July in a prescribed format
11. Disciplinary action and suspension of the police officers should be initiated evidence of their role emerges upon conclusion of investigation.
12. Compensation to be awarded to dependents of the victims who suffered death in police en-counter under section 357A of Cr.P.C.
13. Concerned Police officers must surrender their weapons for investigation, subject to rights under Article 20 of the Constitution
14. Intimate the family of the police officers involved in the incident and offer services of lawyer/counsellor
15. Out of turn gallantry awards should not be given immediately after the incident, to be given only when gallantry of the officer is proved beyond doubt.
16. The family of the victim can complain to the Sessions Judge if they feel that the guidelines
have not been followed or there exists a pattern of abuse or lack of independent investigation or
impartiality
Box 3: (continued)
Box 4: NHRC guidelines on custodial deaths and encounter killings
NHRC (and state commissions) are meant to be the principal agencies tasked with ensuring justice for victims of human rights violations, especially by state actors. NHRC has issued various guide-lines encounters and related killing in police action, over the years.
1. On 14th Dec, 1993 NHRC directed agencies to report matters relating to custodial deaths and rapes within 24 hours. (At that time, death in police action was classified under ‘custodial deaths’).
2. On 10th Aug, 1995 NHRC advised all Chief Ministers of the necessity of introducing video-filming of post-mortem examinations from 1st October, 1995 onwards to avoid distortion of facts.
3. On 27th March, 1997 NHRC recommended to all Chief Ministers that all States shall adopt the “Model Autopsy Form” and “Additional Procedure for Inquest” prepared by the NHRC based on discussions with experts and the UN Model Autopsy Protocol.
4. On 29th March 1997, NHRC issued Guidelines recommending the procedure to be followed by States and Union Territories with regard to encounter deaths. It was recommended, inter alia, that:
a) Deaths should be entered in an appropriate register at the Police Station;
b) It should be treated as a cognizable offence and investigation should commence;
c) It should be investigated by an independent agency such as the State CID, and not by offic-ers of the same Police Station;
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d) Compensation to the victim’s dependants should be considered in cases ending in convic-tion.
5. On 2nd December, 2003, NHRC introduced following major changes/additions to the previous guidelines to introduce greater transparency and accountability:
a) If a specific complaint was made against the police, an FIR must be lodged;
b) A Magisterial Inquiry was now mandatory in every encounter death;
c) It also required the State Director General of Police to send a 6-monthly statement of details of all deaths in police action to the NHRC.
6. On 12th May, 2010, NHRC further revised the Guidelines containing the following major chang-es/additions:
a) The Magisterial Inquiry was required to be completed within 3 months;
b) Every death in police action was to be reported to the NHRC by the District Superintendent of Police within 48 hours;
c) A second report was to be sent to the NHRC by the District Superintendent of Police within 3 months, with the Post-Mortem Report, Inquest Report, Ballistic Report and findings of the Magisterial Inquiry.
(Source: National Human Rights Commission)
Box 4: (continued)
4. POLICE UNDERMINING THE RULE OF LAW
4.1. Refusing to register fake encounters
The Criminal Procedure Code (CrPC) lays down procedures to be followed in criminal in-vestigations. Additionally, Supreme Court judgement in PUCL vs State of Maharashtra case (on ‘fake encounters’), and National Human Rights Commission’s guidelines on extra-judicial killings provide helpful directions, specific to investigation in extra-judicial execu-tion cases. Our examination of ‘encounter’ cases from UP and Haryana show violation of procedural norms at each stage.
i. First Information Reports: Most cases we studied did not have FIR of murder of the deceased filed by police, as required by law, and as explicitly stated in Supreme Court and NHRC directives on ‘encounter’ killings. [The only exception was Taalim (7/12/17, Alwar, Rajasthan). Rather, charges under sec 307(IPC) for the attempt to murder of police officials and under section of the Arms Act,1959 has been made out on the ba-sis of recoveries of arms and ammunitions.
ii. Our engagement with survivor families revealed that in cases where victim families had made any attempt to either file complaint or seek any help to address their griev-ance, they were met by strong resistance from the local police, in the form of threats of filing false cases against family or of getting another family member ‘encountered’.
iii. In the few cases where family has gathered courage enough to move the courts to file an FIR, the court has denied the petition on grounds of objections from district police claiming an ongoing investigation in the case or on the faulty grounds of jurisdiction
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of magistrate court. This was so in the case of Furqan’s (23/10/17, Shamli), father, Mir Hassan (Harwada, Shamli) who tried to get an FIR registered of murder of his son.
4.2. Mis-investigating fake encounters
According to SC and NHRC guidelines, a death in encounter is to be reported to vic-tim family, without delay. In several cases, we were informed this was not done. In Waseem’s case, (28/9/17, Saharanpur), information reached the family through other villagers. In other cases, through WhatsApp forwards (Shamim, 30/12/17, Muzaffarna-gar), and through online news (Mansoor, 27/9/17, Saharanpur; Ikram, 11/8/17, Baghpath; Furqan, 23/10/17, Shamli).
Further the guidelines affirm that family of victim has a right to legal documents – FIR, autopsy report, injury report, and death certificate, et al. In several cases we ex-amined, they were denied these by the police, or were provided in return for family accepting the dead body without objections, and for quick disposal of the body. (Sarwar, 04-08-2014, Shamli). In other cases, the most basic documents were handed over to family only after much struggle. In Nadeem’s case (08-09-2017, Muzaffarna-gar), no documents, not even death certificate were made available to family.
In many cases family statement have not been recorded by the police, or when magis-terial enquiry were conducted, they were not recorded as required per SC guidelines. In many cases even Closure Report (Final Report) has been filed without consulting the family.
Mansoor (27-09-2017, Saharanpur): Excerpt from mother’s testimony:
“I have been informed that the Final Report (also called closure report) has been filed by police in
Mansoor’s case. There has been no statement of the family recorded by either the police or the
magistrate”
4.3. Compensation in lieu of prosecution
Since mostly, no FIRs of murder have been registered against police officers responsible, there is no case against police personnel. In our fact fining, we did not come across any case where a police officer was being prosecuted. Compensation has been awarded to families, on directions of NHRC, only in very few cases. In many of these, no investiga-tion has been initiated against the police. In fact, compensation has been used as a tool to silence the victim family rather than acknowledge the wrongful actions of police.
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Failure to register FIRs:
By failing to register FIRs, the police are violating domestic law. The Criminal Procedure Code re-quires police to register an FIR whenever they receive information that on its face suggests the com-mission of certain criminal offenses such as murder, rape and theft. The Supreme Court has repeated-ly held that police cannot refuse to register an FIR in order to preliminarily investigate or by finding the claim non-credible or unreliable. [Ramesh Kumari v. State (N.C.T. of Delhi) & Others, 2006 (2) SCC 677; State of Haryana v. Bhajan Lal & Others, (1992)]. The registration of an FIR triggers a police investigation that must be completed “without unnecessary delay.” (CrPC, Sections 154, 157, 173)
The failure of police to register and investigate criminal offenses that deprive persons of their basic human rights violates the Indian government’s obligations under the International Covenant on Civil and Political Rights (ICCPR). The UN Human Rights Committee (UNHRC), which monitors the com-pliance of state parties to the ICCPR, has stated that governments must ensure that victims have “accessible and effective remedies” to vindicate their rights under the treaty. (2004)
Under the ICCPR, the government is obligated to exercise due diligence “to investigate allegations of violations,” to bring those responsible to justice, and “to make reparation.” The police are to under-take prompt investigations, including efficient and effective collection of evidence, to facilitate prop-er prosecution of such crimes.
The UNHRC in its comments to India's report on its compliance with the ICCPR specifically urged "that judicial inquiries be mandatory in all cases of death at the hands of the security and armed forc-es and that the judges in such inquiries ... be empowered to direct the prosecution of security and armed forces personnel.” (HRC, 1997)
Under article 26 of the ICCPR, every person is entitled “without discrimination to the equal protec-tion of the law.” When a class of victims face police refusal to register and investigate crimes, or when that practice disproportionately impacts a class of victims, the government violates its obligation un-der article 26.
Arrests and detention:
The Indian Constitution establishes a right to life and personal liberty. (Art. 21-22). The Supreme Court has held that these rights inherently limit the police’s expansive arrest authority: police can make an arrest only if, based on an investigation, they have “reasonable belief” in “the person’s complicity” and “the need to effect arrest.” [Joginder Kumar v. State of U.P., 1994 AIR 1349, 1994 SCC (4) 260.]
The Constitution and Supreme Court judgments also establish procedural obligations for police once they make an arrest. (NHRC Guidelines for Arrest, November 22, 1999). Under the Constitution, when police make an arrest without a warrant, they must inform the accused of the grounds for the arrest and the right to bail. (Art. 22, also CrPC, sec 50). Police must produce an arrested person before the nearest magistrate without delay and at most within 24 hours, except in situations authorized by preventive detention laws. (Ibid)
In DK Basu v. West Bengal, the Supreme Court established mandatory procedures for police detention. in-cluding documenting an arrest in a diary entry and a memo, that is attested by a witness, and is counter-signed by the arrested person; and Police stations must post arrest information and send copies of related documents to the area magistrate. (D.K. Basu v. State of West Bengal, (1997) 1 SCC 416).
The ICCPR requires that arrest and detention be conducted in accordance with procedures established by law. (Art. 9) Arrest and detention are prohibited if they are arbitrary, that is, if they are carried out unlaw-fully or are manifestly disproportionate, unjust, discriminatory or unpredictable.
Box 5: National and International obligations in criminal procedures
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All cases we studied had police actively undermine family’s ability to challenge police claims and seek justice. We came across several cases where police had made cases against victim’s siblings, relatives and even parents, under various sections of the law, or instigated others to accuse family members of rape, all in a systematic attempt to intimidate and pre-vent victim families from challenging the police version, accessing the criminal justice sys-tem and obtaining justice. The extent of planning we noticed, to silence victims was chilling.
Arresting family members by filing false complaints; frequent harassment and vandalism by police of victim’s house; threats of murdering family members and relatives in ‘encounters’; of illegal detention of relatives, and threats to prosecute surviving members of the family, have been some of the trends emerging from our interaction with survivor families. Specific examples include:
Waseem (28/9/17, Meerut): Elder brother of victim also killed in police ‘encounter’. Waseem shown to be involved (and escaped) in other encounter cases (Anuj). False case against mother for allegedly being a drug trafficker;
Father and mother both currently in jail. Police continue to threaten the family.
Furqan (23/10/17, Shamli): all five brothers accused by police in various cases, 3 cur-rently in jail, two out on bail.
Sarwar and Naushad (4/8/17, Shamli): Police has filed false cases against several family members, including of rape.
Sumit Gujjar, 28/10/17, Baghpath): Police has filed a rape case against brother of the victim.
Police reprisal became particularly serious once family members began to take action to challenge the police, and trigger the criminal justice system. HRDs supporting survivor families too have become victims
5. POLICE REPRISAL:
SILENCING VICTIMS AND WITNESSES
Furqan’s case (23/10/17, Shamli) is illustrative.
Meer Hassan, the father, wrote to the police (besides other authorities, including NHRC), seeking to have FIR registered against police personnel for the murder of his son. This was refused. He ap-proached the courts to order the police to register the FIT. The complaint was dismissed by the courts, forcing Meer Hassan to file a writ in the High Court for such directions. Action is still awaited by the HC. In the meantime, local police officers have been visiting the family and threat-ening them against taking any legal action against the police. This is particularly challenging for the family that are penurious – Meer Hassan works as a farm hand, sons work as labourers.
Excerpt from mother’s testimony
“The accused police officers are threatening my husband Meer Hassan and (sons) Anees and Rahul
that we should withdraw the case we have filed against them, or they will also be murdered in a fake
encounter.”
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Jaan Mohd (17/9/17, Meerut): Five days after family questioned the police version, po-lice personnel landed up at their one-room home in Hussainpura village, Muzaffarna-gar, and broke everything there, including utensils, earthen boundary wall, thatched roof and string cots.
Nadeem (8/9/17, Muzaffarnagar): A day before our visit to the family, Nadeem’s mother was called to the house of village (Pradhan) council head. A government offi-cial was on a visit along with a local policeman. They enquired whether the family was seeking legal action in the case.
We also heard, in our visits, how, after media began reporting the fake nature of these ‘encounters’ recently (NDTV, 2018; Indian Express, 2018; The Wire, 2018), the police had stepped up attempts to intimate affected families further, to silence them.
6. WHAT ENABLES POLICE IMPUNITY?
Our fact finding confirms past understanding (including that reported in the Special Rap-porteur on extrajudicial, summary or arbitrary execution, last visit to India in 2012) of what enables police impunity. The surprising thing is, so little seems to have changed.
6.1. Laws that enable police abuse: Various statutes exist
that are easily abused by the police, contributing to the inci-
dence of extrajudicial executions.
One such is Sec 46(2) of CrPC, allowing police to use all means possible, including lethal force, to make arrest, in a situation where the accused forcibly resists arrest or attempts to evade arrest. And whilst Sub Clause (3) of Section 46 imposes limitations on this right with respect to minor offences not punishable with death or life impris-onment - the section does end up giving police the powers, often arbitrarily used or misused. It is left to the discretion of the police officer to decide as to which means are necessary to effect the arrest of the person and which case can include the use of firearms by the police.
Another is section 96 of Indian Penal Code (IPC), that recognizes an individual’s right to self-defense. Problematically, Sec 100 of IPC enumerates the conditions un-der which the right to self-defense extends to causing death, viz. “where an assault is such as may reasonably cause apprehension that death or grievous hurt will be the consequence of such assault”. But no limits have been set on the disproportionate use of force by police7.
Similarly, Exception 3 of Section 300 of IPC enumerates that culpable homicide does not amount to murder if the offender, being a public servant or aiding a public serv-ant acting for the advancement of public justice, exceeds the power given to him by
7 Although the Supreme Court of India, in Extra Judicial Execution Victim Families Association (EEVFAM) and Ors. Vs. Union of India (UOI) and Ors (AIR 2016 SC 3400) stated that, “The right of self-defence or pri-vate defence falls in one basket and use of excessive force or retaliatory force falls in another basket. There-fore, while a victim of aggression has a right of private defence or self-defence (recognized by Sections 96 to 106 of the IPC) if that victim exceeds the right of private defence or self-defence by using excessive force or retaliatory measures, he then becomes an aggressor and commits a punishable offence.
COUNTERING THE SILENCE
law and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the discharge of his duty as such public servant and without ill-will towards the person whose death is caused.
Provisions providing impunity to police personnel against prosecution. According to Section 197 CrPC, public servants are shielded from criminal proceedings against an “offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty” without previous sanction of the state or central government, as the case may be. The Indian record of sanctions provided by govern-ments in cases involving human rights violations by police and security forces is ex-tremely poor.
Cow protection laws in several states, empower police to act against those they sus-pect of violation of the law, such as cattle smugglers. The Haryana law, for example, where a large number of extrajudicial executions have taken place, empowers the po-lice and any person authorized by the state, to enter, stop and search vehicles used or intended to be used for export of cows, and seize the vehicle and the cows. (Sections 16 and 17, Haryana Gauvansh Sanrakshan and Gausamvardhan Act 2015). Offences un-der this act are cognizable and non-bailable, and notably, the burden of the proof falls on the accused. Both Haryana, as well as Gujarat and Maharashtra cow protection laws, provide for protection of persons acting under good faith under these laws, con-tributing to impunity of police officers8.
6.2. Opaque Police systems and procedures
UP and Haryana police have a history of human rights violations historically, but police systems nation-wide, including recording of FIRs (a critical element that triggers the crimi-nal justice system chain) have never been touched by any attempts at transparency and openness. There is also little opportunity for citizens feeling aggrieved, to make a com-plaint and for that to be dealt with independently. Independent Police Complaints Authori-ties (PCAs), required to be put in place in districts and at state level, under Supreme Court guidelines on police reforms, have largely remained unrealized.
8 Gujarat Animal Preservation Act (1954) and its amendments (2017), section 12; and Maharashtra Animal
Preservation Act (1978), and its amendment (2015), section 13.
The National Police Commission, set up in 1979, produced eight reports on police reform in India but none of the major recommendations were adopted by the state governments. In 1996, a Public Interest Litigation (PIL) was filed in Supreme Court of India by Prakash Singh and NK Singh, for-mer police chiefs, as a result of which the Supreme Court gave seven directives for the govern-ments to comply with. These seven directives emphasize the separation of investigation and law and order functions of the police and the need to keep a check on unwarranted influence or pres-sure on the police by state government. Directives include setting up of different Commissions and Boards with specific functions such as deciding appointments, promotions, postings, and transfers of police officers of different levels.
Box 6: Police reform in India
27
COUNTERING THE SILENCE
28
A key directive, having a bearing on transparency and police credibility, is about setting up of a Police Complaints Authority (PCA) at state and district level to inquire into public complaints against police officers in cases of serious misconduct, including custodial death, grievous hurt, or rape in police custody. The latest compliance report reveals that only 12 states have established PCAs at state and district level, however no state has followed the proposed terms of composition, selection process and functioning of the PCAs, failing to make these bodies independent an effec-tive for a for addressing complaints against the police.
Source: Commonwealth Human Rights Initiative. Seven Steps to Police Reform (2010)
Box 6: (continued)
6.3. The incentive structure and command responsibility:
In part, the license to police personnel to carry out extra judicial executions is provided by political masters. In the case of Uttar Pradesh, the incentive is provided in the current con-text, by the claims of the BJP government to fight crime ruthlessly. The Uttar Pradesh gov-ernment even has (in complete violation of all SC guidelines) a reward scheme for govern-ment officials for encounters against criminals. (Outlook, 20-09-2017). In Haryana, the po-litical commitment of the BJP regime to protecting the cow, provides this context in which killing alleged cow smugglers has been normalized. Recently Haryana state Chief Minister was reported to have felicitated a senior police officer from neighbouring Uttar Pradesh state - Shamli district police chief, credited by his state government for undertaking many encounter killings - at a Hindu religious function. He referred to the said officer as a role model for other police officers to follow. (Times of India, 28-11-2017). In both Haryana and Uttar Pradesh, the Islamophobic climate generated by the majoritarian mindset, and fanned by BJP regimes in the two states and at the centre, provides license to police officers on the frontline as well as the leadership, to kill with impunity.
6.4. National institutions failing to lead:
Guidelines have been issued by the NHRC and by the Supreme Court, to enforce accounta-bility of the police. A flaw, we feel in these, is the reliance on the police itself to ensure en-forcement of these guidelines, without any effort at making police procedures more trans-parent, or subject to more independent oversight. The absence, in the system imagined, of any role of independent mechanisms to observe and play any role, is perhaps the missing link. There is also little attempt to make police procedures transparent, opening them up to scrutiny. In any case, police complaints procedures do not exist in India.
There seems also no mechanism put in place by Supreme Court or the NHRC to proactively review the implementation of the guidelines they have issued exclusively to check extra ju-dicial executions, except for the occasional demands to state governments for reports and evidence of actions. In effect, there seems little effort by national institutions to construc-tively engage with the question of extra judicial executions, beyond the one of issuing guidelines. In a recent RTI application we filed with the NHRC to obtain numbers and ac-tions, NHRC reply made use of the ‘sub-judice’ nature of the 2014 order of the Supreme Court – the fountainhead of most anti-summary execution laws and guidelines – to deny us information9.
9 Fact that the court case has not been closed and is ongoing.
COUNTERING THE SILENCE
7. CONCLUSION
7.1. Uttar Pradesh and Haryana: Patterns in the silencing
Extrajudicial executions have been a longstanding police practice in India. NHRC data shows that Uttar Pradesh has had a particularly strong association. (Firstpost, 02-02-2018). But Haryana too has had its share of police resort to excessive use of force, as demonstrated by National Crime Records Bureau data of persons killed in police firing. Of the 92 civilians killed in police firing in 2016 nationwide, Haryana accounted for 22. (NCRB, 2017. Table 16B.1).
Evidence from Uttar Pradesh and Haryana, conforms to the two types of extrajudicial exe-cutions carried out by the Indian police. In Uttar Pradesh, these are
The archetypal “fake encounter” killings, with the police acknowledging the killings but falsely claiming they acted in self-defense. These are, in all plausibility, manufactured shoot-outs, in the context of the police machinery responding to political leadership’s signalling a hard stance against crime and criminals, laced at times, with an element of bias against those from Muslim backgrounds, especially in the state’s western districts. The encounters then act as opportunities for police personnel to meet political and departmental masters’ expectations of crime control through aggressive policing, as well as to further their own personal interests. The public approvals they seem to be getting, come as unexpected bo-nus.10
In the case of Haryana and the wider Mewat region, the cases involved a police force armed with a harsh cow protection law, facing victims mostly from the Muslim Meo community – resident of Muslim majority Mewat in an otherwise Muslim-minority Haryana or Rajasthan - stigmatised in the public eye in Haryana and neighbouring areas, as cow smuggling crimi-nals. In many cases in Mewat, we notice a trend of victims having died, including during custodial torture or by execution, but police denying all responsibility. There were instanc-es too, of ‘fake encounters’, where the police claimed to have killed the victims in self-defence, as the victims, apparently failed to stop at police check points, and fired at the po-lice instead.
A common argument made by the police, rationalising excessive use of force (as a form of crime control) is that fake encounter killings only target individuals who are a danger to the public. Regardless of their motive, fake encounter killings violate domestic law and the pro-hibition against arbitrary deprivations of life under international law. (Human Rights Watch, 2009:93). As the Supreme Court has noted: “[T]he gravity of the evil to the commu-nity resulting from anti-social activities can never furnish an adequate reason for invading the personal liberty of a citizen, except in accordance with procedure established by the Constitution and laws.” [Prabhu Dayal Deorah v. District Magistrate, (1974) 1 SCC 103]
7.2 Challenges to countering the silence
Despite Supreme Court’s pronouncements and clear judgements directed at preventing them, as well as NHRC guidelines and international commitments, extra judicial executions continue, unabated. At the heart of the matter is impunity. Police are usually the only eye-
10 District Police chiefs in Shamli and Muzaffarnagar, where a large number of these encounters have occurred, have been reported to have been felicitated by traders and businessmen. (The Wire, 24-02-2018).
29
COUNTERING THE SILENCE
30
witnesses to these alleged encounters, which are typically carried out by junior and low-ranking police. But given the scale of this practice historically, and in UP’s case specifically – with the overt involvement of the entire state administration and senior officers - it is likely that state officials and senior police are not only aware of these killings, but allow, unofficially sanction or even order these killings. (Human Rights Watch, 2009).
Problem clearly, is systemic, making impunity of the crime that much difficult to chal-lenge. Add to that the fact that the incentives for putting an end to the practice are weak. The laws give wide-ranging powers to the police, and there are few checks to it, in terms of independent oversights or complaints mechanisms. Additionally, with the courts being overburdened and slow in dispensing justice, there is always, among police and law en-forcement agencies, an urge to take the short cut, and itself dispense justice. The incen-tives, in fact, are ranged towards further use of excessive force and to resort to practices such as extra judicial executions. The reward system created by political masters as well as the police leadership – linking success to elimination of alleged criminals, and a preference for aggressive policing against selected crimes and social groups11 – provides the license to frontline police officers to detain and eliminate petty criminals, in a show of effective crime control. The license also aids in the widespread use of torture as a means to extract infor-mation and evidence, or to punish those that police consider as criminals.
As the UN Special Rapporteur noted, the FIRs that are filed of the incident by the police itself, are frequently undisputed, which eventually leads to the swift closure of the case. Few encounter cases have been brought to the point of conducting investigations and, where applicable, prosecuting alleged perpetrators. Where inquiries are undertaken, the results are frequently not disclosed. The report added, another difficulty in the investiga-tion of encounters lies in the lack of witnesses, often due to the fact that encounters take place mostly during the early hours of the morning. Alternatively, witnesses fear coming forward with testimonies. In some cases, such a situation is further complicated by a re-ported practice of offering gallantry awards and promotions to security officers after the encounters, as well as of pressuring law enforcement officers, who face already heavy work-loads due to understaffing, to demonstrate results. (Human Rights Council, 2012, para 14)
Internal disciplinary proceedings are weak in India. Police investigations, either initiated by police or undertaken at the direction of external agencies, are often ineffective due to a “code of silence” that makes police unlikely to disclose incriminating evidence. Internal processes are also hampered by the lack of a police ombudsperson or dedicated internal monitoring unit. (Human Rights Watch, 2009:99-100). Data shows that internal discipli-nary proceedings do not ordinarily result in serious disciplinary actions against perpetra-tors. Of the only 13 cases registered against the police for human rights violations cases in fake encounters, nation-wide in 2016, only in 4 cases were the accused charged. Eventually none was convicted. (NCRB, 2016. Table 16A.6). Independent investigation has the poten-tial to tip the scale. But these are rare in India. Impunity thrives, therefore.
11 Compare the hard stance by Uttar Pradesh government regarding encounters, to the soft stance against vio-
lence directed at marginalized groups, particularly minorities, Dalits and women, including by BJP legislators.
Recently UP government was reported to be ordering the closure of cases (numbering 131, including 13 of murder
and 11 of attempt to murder) against accused in the 2013 communal violence in western Muzaffarnagar and
Shamli districts, that included cases against several BJP leaders. (Firstpost, 22-03-2018) In violence that carried
on for weeks, close to 50 persons, most of them Muslims, were murdered, hundreds of houses destroyed, and at
its peak, some 50,000 persons were made homeless. Recently, the state government was reported to have initi-
ated action to withdraw cases against senior BJP leaders charged with inciting the violence (Indian Express,26-
04-2018).
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COUNTERING THE SILENCE
Box 7: Recommendations of the UN Special Rapporteur on extrajudicial, summary or arbitrary executions made to India (2012)
Violation of the right to life by state actors
# 1. India should swiftly enact the Prevention of Torture Bill and ensure its compliance with the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
# 4. Section 46 of the Criminal Procedure Code (CrPC) and legislation in all states regarding use of force, including the exceptional use of lethal force, by all security officers should be reviewed to ensure compliance with international human rights law principles of proportionality and necessi-ty.
# 5. Section 197 of the CrPC should be reviewed to remove any legal barriers for the criminal pros-ecution of a public servant, including the need for prior sanction from the Government.
# 8. India should ensure that the registration of FIRs is prompt and mandatory in all cases of un-lawful killings and death threats. The authorities should put in place an independent mechanism to monitor the registration of such reports following any request to do so, and to punish law en-forcement officials who refuse these.
# 9. India should ensure that command/superior responsibility is applied for violations of right to life by SFs.
Fight Against Impunity
# 12. India should put in place a mechanism of regular review and monitoring of the status of im-plementation of the directives of the Supreme Court and NHRC guidelines on arrest, encounter killings, and custodial death.
# 13. The establishment and effective functioning of the independent Police Complaints Authori-ties should be made a priority in all states.
# 14. Compensation cannot be a replacement for criminal prosecutions and punishment. Along-side payment of compensation, India should ensure that criminal investigations, prosecutions and trials are launched and conducted in a swift, effective and impartial manner in all cases of unlaw-ful killings.
# 15. Promotions and other types of awards for security officers suspected to have been involved in unlawful killings, including through encounters, should not be granted until a proper clarification of facts.
# 16. Autopsies should be carried out in conformity with international standards, and families of victims should have full access to autopsy reports, death certificates and other relevant documen-tation.
# 17. The Nanavati-Mehta Commission, and all currently functioning commissions of inquiry on various violations of the right to life, should ensure that their findings are published in a swift/transparent manner.
# 18. India should consider launching a process of reflection upon the need to reform its judiciary with the aim of reducing the length of judicial proceedings and strengthening the independent functioning of the judiciary.
# 19. A credible Commission of Inquiry into extrajudicial executions in India, or at least the areas most affected by extrajudicial executions, which inspires the confidence of the people, should be appointed by the Government. The Commission should also serve a transitional justice role.
COUNTERING THE SILENCE
32
Killing of vulnerable persons
# 20. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act should be re-viewed with the aim of extending its scope to Dalit Muslims and Dalit Christians.
# 21. The criminal legislation should be reviewed to ensure that all gender-based killings, as well as killings of any member of a tribe or lower caste receive high sentences, possibly under the form of life imprisonment.
# 22. An effective witness and victim protection programme should be established.
# 23. Information and awareness-raising campaigns, to raise knowledge of human rights and ac-cess to justice, with a particular focus on vulnerable persons. Legal aid mechanisms for vulnerable persons
National Human Rights Commission
# 26. A legal basis should also be put in place to enable the extension of the period of one year un-der which the NHRC can consider cases.
# 27. NHRC should issue guidelines on the conduct of inquests and autopsies in all cases of un-lawful killings.
# 28. The independence and functioning of State human rights commissions should be reviewed to ensure compliance with the Principles relating to the status of national institutions.
Cooperation and engagement with International organisations
# 29. The practice of inviting UN special procedures should continue. Implement recommenda-tions on HRDs
# 30. Prompt ratification of the following treaties: (a) the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol; and (b) the International Convention for the Protection of All Persons from Enforced Disappearance.
# 31. Consider ratification of the following instruments: (a) the two Optional Protocols to the In-ternational Covenant on Civil and Political Rights; (b) the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women; (c) the Rome Statute of the Inter-national Criminal Court; and (d) the two Protocols additional to the Geneva Conventions.
Box 7: (continued)
33
COUNTERING THE SILENCE
8. RECCOMMENDATIONS
8.1 To state parties
Central and state governments:
i. Review laws that encourage impunity, to bring them in compliance with international standards and obligations and to remove any legal barriers for prosecution of public servants: Section 46 (2) of Criminal Procedure Code (CrPC); Exception 3 of Section 300 of IPC; and Sec 197 of CrPC;
ii. Enact laws on torture, and amend Indian Evidence Act, 1872, to make inadmissible evidence obtained on the basis of police interrogation that involved torture and other cruel, inhuman, or degrading treatment or other illegal coercion
iii. Amend Sec 100 of IPC that enumerates the conditions for the exercise of the right to self-defense (u/s 96 IPC), by setting limit on the excessive use of force by police.
iv. Amend State cow protection laws (Haryana, 2015) specifically the sections that give excessive powers to the police, whilst putting the burden of proof on the accused
v. Amend Section 36 of the Protection of Human Rights (Amendment) Act, 2006 to per-mit the NHRC to inquire into violations pending before other commissions or which occur more than one year before the date of the complaint
vi. Implement Prakash Singh order on Police Complaints Authority at district and state levels, giving them adequate resources and powers, and independence.
vii. Revise SC guidelines to bring out specific and clear directions for recording of state-ments of family (and not just the "witnesses"); immediate access of the family mem-bers to FIR and post-mortem report; recording FIRs u/s IPC 302 - not leaving it up to the discretion of police to decide what kind of an FIR would be registered; and strengthening the NHRC to make it play a more proactive role in protecting human rights of those that are denied it.
viii. Encourage in police ranks, a culture that rewards respect for human rights and pro-fessional conduct
NHRC (and State Commissions)
i. Encourage independent investigations into police complaints. Take up cases men-tioned in the report for independent, timely investigation
ii. Establish a system of monitoring effective implementation by states of Supreme Court judgement and NHRC guidelines on encounter killings.
iii. Set up a system to support states and state police forces with capacity to be able to effectively implement the guidelines
iv. Make NHRC working more transparent, as aid to victims and civil society, to contrib-ute to better community monitoring of implementation of SC and NHRC guidelines.
COUNTERING THE SILENCE
34
8.2. To international community
i. Relevant mandate holders of the Human Rights Council (HRC) may undertake visits to India, to investigate cases mentioned here and others of the similar nature
ii. Encourage state parties to independently investigate the cases mentioned here, prose-cute officers found guilty, and order adequate compensation for victims, as well as protection for them
iii. Make complaints procedures/communication to HRC/ Office of High Commissioner of Human Rights (OHCHR) accessible for victims and civil society, to be able to seek redress through OHCHR.
8.3. To civil society/community based organisations
i. Better documentation of violations of right to life of victims, as evidence
ii. Better education of survivor families, on their rights to redress, justice and compensa-tion, among others
iii. Better support to families, to encourage them to voice complaints and demand crimi-nal prosecution of those guilty
iv. Better use of NHRC mechanisms to lodge complaints, and trigger independent inves-tigations
v. Better use of special mandate holders (of UN/HRC) to bring cases of violation of rights to life to the notice of UN mechanisms.
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Andreu-Guzmán, Federico. 2015. “Enforced Disappearance and Extrajudicial Execution: Investigation and Sanction” by Representative of the ICJ in South America, International Commission of Jurists.
Citizens Against Hate. 2017. Lynching Without End: Report of fact finding into religiously motivated vigilante violence in India. New Delhi: Citizens Against Hate
Commonwealth Human Rights Initiative. 2010. Seven Steps to Police Reform, retrieved from http://www.humanrightsinitiative.org/programs/aj/police/india/initiatives/seven_steps_to_police_reform.pdf
Firstpost. 02-02-2018. NHRC registered 1,782 fake encounter cases between 2000-2017; Uttar Pradesh alone accounts for 44.55%’
‘https://www.firstpost.com/india/nhrc-registered-1782-fake-encounter-cases-between-2000-2017-uttar-pradesh-alone-accounts-for-44-55-4332125.html
Firstpost. 22-03-2018. ‘Yogi Adityanath govt to withdraw 131 cases linked to 2013 Muzaffarnagar riots. Oppo-sition criticizes move’
https://www.firstpost.com/india/yogi-adityanath-govt-to-withdraw-131-cases-linked-to-2013-muzaffarnagar-riots-amnesty-to-murderers-says-opposition-4400595.html
Human Rights Council. 2012. Report of the Special Rapporteur on extrajudicial, summary or arbitrary execu-tions, Christof Heyns. Mission to India (19-30 March 2012). Twenty-third session. Geneva: Human Rights Council
2015. Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns. ‘Follow-up to country recommendations’. India. Twenty-ninth session. Geneva: Human Rights Council
Human Rights Law Network. 2008. State Terrorism: Torture, Extrajudicial Killings and Forced Disappearance In India, Report of Independent People’s Tribunal, 9-10th February.
Human Rights Watch. 2009. Broken system. Dysfunction, abuse and impunity in the Indian Police. New York: Human Rights Watch.
2016. Bound by Brotherhood. India’s failure to end Killings in Police custody. New York: Human Rights Watch.
Indian Express, 29 March 2017. ‘Holes in Saharanpur encounter: Unheard shots, missing report and many versions’
http://indianexpress.com/article/india/holes-in-saharanpur-encounter-unheard-shots-missing-report-and-many-versions-in-saleem-death-5115289/
26-04-2018. Yogi govt moves to withdraw hate-speech cases against Sadhvi Prachi, Sanjeev Balyan
http://indianexpress.com/article/india/up-govt-moves-to-withdraw-hate-speech-cases-against-sadhvi-prachi-and-sanjeev-balyan-5152077/
4 May 2018. UP encounter death No 50: Same chase same story. http://indianexpress.com/article/india/up-encounters-yogi-adityanath-up-police-same-chase-same-story-5162715/
Lokaneeta and Jesani. 2016. Does Torture Prevention Work?
Outlook India. 20-9-2017. ‘430 police encounters in 6 months: UP Government’s strategy to tackle crime.’ https://www.outlookindia.com/website/story/430-police-encounters-in-6-months-is-uttar-pradesh-the-new-encounter-republic/301947
01-04-2018. https://www.outlookindia.com/website/story/uttar-pradesh-encounters-1144-encounters-from-march-2017-to-january-2018/310310
The Hindu, 31-03-2018. ‘Uttar Pradesh’s Encounters: 1000 and counting’ www.thehindu.com/news/national/ups-encounters-1000-counting/article23404224.ece
REFERENCES
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The Wire, 24-02-2018. ‘A chronicle of the Crime fiction that is Adityanath’s Encounter Raj’. The Wire, 24 Feb. 2018. https://thewire.in/rights/chronicle-crime-fiction-adityanaths-encounter-raj
Times of India, 28 November 2017. “Now, Haryana CM Manohar Lal Khattar felicitates UP's ‘encounter cop’ at religious event”. https://timesofindia.indiatimes.com/city/meerut/now-haryana-cm-felicitates-ups-encounter-cop-at-religious-event/articleshow/61824735.cms 10-01-2018. ‘Over 900 encounters in Yogi Adityanath regime, 31 goons gunned down’ https://timesofindia.indiatimes.com/city/lucknow/over-900-encounters-in-yogi-adityanath-regime-31-goons-gunned-down/articleshow/62444444.cms
Viray, Patricia Lourds. 2016. Extrajudicial killing a crime under int'l law.
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ANNEXE-1
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con
d b
ull
et
wh
ich
en
tere
d h
is b
od
y fr
om
his
rig
ht
tem
ple
an
d
exit
ed a
t an
an
gle
fro
m h
is
left
tem
ple
. A
cco
rdin
g t
o
po
lice
ver
sio
n o
f th
e in
ci-
den
t th
e ac
cuse
d w
as s
ho
t w
hil
e si
ttin
g i
n a
car
fro
m
the
fro
nt.
Fam
ily
also
sta
tes
that
th
ere
wer
e m
ark
s o
f to
rtu
re
on
Sh
amim
’s b
od
y.
Sh
amim
’s f
ath
er,
Fak
ru s
tate
s th
at
Sh
amim
had
lo
aned
Rs.
1 L
akh
to
his
rel
-at
ive
Ak
ram
s/o
Ab
ban
. W
hen
ask
ed t
o
rep
ay t
he
deb
t, A
kra
m t
ried
to
get
S
ham
im a
rres
ted
by
offi
cial
of
PS
Ja
nsa
th.
Ak
ram
was
in
co
nst
ant
tou
ch
wit
h p
oli
ce o
ffice
rs f
rom
PS
Jan
sath
wh
o
wo
uld
cal
l an
d i
nsi
st A
kra
m t
o g
et
Sh
amim
arr
este
d.
Tw
o m
on
ths
bef
ore
th
e al
leg
ed e
nco
un
ter,
Ak
ram
was
sp
eak
-in
g t
o p
oli
ce o
ffice
rs o
f P
S J
ansa
th,
wh
ich
w
as h
eard
by
Sh
amim
’s s
iste
r, S
abih
a an
d o
ther
mem
ber
s o
f th
e fa
mil
y.
Fam
ily
stat
es t
hat
th
ey g
ot
to k
no
w
abo
ut
the
alle
ged
en
cou
nte
r o
n t
he
mo
rnin
g o
f 31
st D
ecem
ber
, 20
17 t
hro
ug
h
the
loca
l n
ewsp
aper
s. T
hey
wer
e n
ot
in-
form
ed a
bo
ut
thei
r so
n’s
dea
th b
y th
e p
oli
ce.
3 F
IRs
(84
0/1
7, 8
41/
17,
84
2/17
) fi
led
o
n 3
1.12
.20
17 i
n P
S J
ansa
th,
MN
Z,
u/
s 30
7, 4
14 I
PC
, S
ec 2
5/27
of
Arm
s A
ct a
nd
Sec
41/
102
CrP
C a
gai
nst
S
ham
im a
nd
an
oth
er u
nk
no
wn
ac-
cuse
d p
erso
n.
PM
was
co
nd
uct
ed.
Fam
ily
no
t aw
are
of
inve
stig
atio
n
do
ne
by
the
po
lice
. N
o l
egal
act
ion
ta
ken
by
the
fam
ily
agai
nst
th
e p
o-
lice
offi
cers
.
COUNTERING THE SILENCE
38
V
icti
m,
Inci
-d
en
t e
t a
l P
oli
ce v
ers
ion
of
the
in
cid
en
t In
juri
es
to t
he
bo
dy
F
am
ily
te
stim
on
y
Le
ga
l p
roce
ed
ing
s
2 A
sla
m s
/o M
au
-sa
m A
li
9th
Dec
emb
er,
2017
Pla
ce:
Dad
ri,
Dis
tric
t G
auta
m-
bu
dh
Nag
ar,
UP
.
Po
lice
wer
e al
erte
d o
f tw
o c
rim
i-n
als
wh
o w
ere
roam
ing
in
Dad
ri
to c
om
mit
lo
ot
and
ro
bb
ery.
Po
lice
set
up
bar
rica
des
to
ap
-p
reh
end
th
e cr
imin
als.
Tw
o p
eop
le o
n a
mo
torc
ycle
, tr
ied
to
flee
aft
er s
eein
g t
he
po
-li
ce,
chas
ed b
y th
e p
oli
ce,
crim
i-n
als
fire
d g
un
sh
ots
at
po
lice
, p
oli
ce fi
red
in
sel
f d
efen
ce.
On
e cr
imin
al i
nju
red
, ta
ken
to
h
osp
ital
, su
ccu
mb
ed t
o i
nju
ries
, th
e o
ther
acc
use
d e
scap
ed,
cou
ld n
ot
be
iden
tifi
ed.
Insp
ec-
tor
Sau
rav
rece
ived
a b
ull
et i
nju
-ry
on
his
th
igh
s an
d C
on
stab
le
Vik
as w
as h
it o
n h
is l
eg.
2 b
ull
et i
nju
ries
, in
clu
din
g
on
e in
th
e h
ead
.
Fam
ily
no
tice
d t
he
bo
dy
had
sev
ere
tort
ure
mar
ks
- b
ack
was
blu
e, a
s a
resu
lt o
f b
eati
ng
s, a
rm a
nd
leg
s w
ere
frac
ture
d.
Asl
am &
Ram
zan
i h
ad s
tart
ed r
esid
ing
in
Yam
u-
nan
agar
, H
arya
na
alo
ng
wit
h t
hei
r fa
mil
ies.
Fam
ily
stat
es t
hat
a f
ew d
ays
bef
ore
en
cou
nte
r,
Asl
am h
ad v
isit
ed a
law
yer
as h
e w
ante
d t
o s
urr
en-
der
in
Co
urt
, in
cas
es r
egis
tere
d a
gai
nst
him
.
Asl
am’s
wif
e st
ates
th
at o
n 7
.12.
2017
so
me
men
to
ok
aw
ay A
slam
an
d R
amza
ni
on
th
e p
rete
xt t
hat
th
ey
wil
l h
elp
th
em t
o s
urr
end
er i
n C
ou
rt.
On
9.1
2.20
18 A
slam
’s c
ou
sin
, re
ceiv
ed a
cal
l fr
om
th
e p
oli
ce a
skin
g f
or
det
ails
su
ch a
s th
e n
ame
of
Asl
am’s
vil
lag
e et
c. W
as n
ot
info
rmed
ab
ou
t A
slam
’s e
nco
un
ter.
Fam
ily
was
to
ld b
y th
e P
rad
han
th
at A
slam
has
bee
n k
ille
d b
y N
oid
a p
oli
ce,
wh
ile
Ram
zan
i h
as b
een
kil
led
by
Ali
gar
h p
oli
ce.
Fam
ily
no
t g
iven
an
y re
ceip
t o
r p
ost
-mo
rtem
rep
ort
fr
om
th
e h
osp
ital
. H
is f
amil
y es
cort
ed b
y h
eavy
po
-li
ce p
erso
nn
el v
ehic
les
to t
hei
r vi
llag
e an
d t
he
po
-li
ce p
arti
es s
taye
d t
ill
the
bo
dy
was
bu
ried
.
FIR
No
.10
83/
2017
, P
S D
adri
, D
is-
tric
t G
auta
mb
ud
h N
agar
, ag
ain
st
Asl
am a
nd
an
oth
er u
nk
no
wn
ac-
cuse
d u
/s 3
07
IPC
. C
op
ies
of
FIR
an
d P
M R
epo
rt n
ot
giv
en t
o t
he
fam
ily.
Asl
am’s
fat
her
has
rec
eive
d s
um
-m
on
s u
/s 1
60
CrP
C f
or
reco
rdin
g
of
his
sta
tem
ent.
Asl
am’s
fam
ily
has
no
t b
een
in
-fo
rmed
by
the
po
lice
of
the
inve
s-ti
gat
ion
th
at h
as b
een
car
ried
ou
t b
y th
em.
On
29
.3.2
018
Asl
am’s
wif
e h
as
sen
t a
rep
rese
nta
tio
n t
o t
he
Na-
tio
nal
Co
mm
issi
on
on
Min
ori
ties
.
3 R
am
za
ni
s/o
S
ha
fiq
8th
Dec
emb
er,
2017
Pla
ce:
Nea
r N
a-n
au C
han
dg
arh
R
oad
, A
lig
arh
, U
P
Po
lice
go
t in
form
atio
n a
bo
ut
crim
inal
s lo
oti
ng
a c
ar.
Po
lice
set
up
bar
rica
des
to
ap
-p
reh
end
th
e cr
imin
als.
Cri
mi-
nal
s fi
red
gu
n s
ho
ts a
t p
oli
ce,
po
lice
fire
d i
n s
elf
def
ence
.
On
e cr
imin
al i
nju
red
, ta
ken
to
h
osp
ital
, su
ccu
mb
ed t
o i
nju
ries
, o
ther
tw
o a
ccu
sed
esc
aped
, co
uld
no
t b
e id
enti
fied
. A
Su
b-
Insp
ecto
r re
ceiv
ed
a b
ull
et i
nju
-ry
in
th
e cr
oss
firi
ng
.
Sal
ma,
Ram
zan
i’s w
ife
stat
es
that
th
ere
wer
e m
ark
s o
f to
rtu
re o
n R
amza
ni’s
bo
dy
and
his
han
ds
and
leg
s w
ere
also
fra
ctu
red
. It
als
o
seem
ed t
o t
hem
th
at h
e d
ied
d
ue
to t
he
tort
ure
an
d h
e w
as s
ho
t af
ter
he
had
die
d.
His
clo
thes
did
no
t h
ave
any
bu
llet
mar
ks
on
th
em.
Sal
ma
stat
es t
hat
on
th
e m
orn
ing
of
7.12
.20
17,
som
e m
en t
oo
k a
way
Asl
am a
nd
Ram
zan
i o
n t
he
pre
text
th
at t
hey
wil
l h
elp
th
em i
n s
urr
end
erin
g b
efo
re t
he
Co
urt
in
th
e ca
ses
reg
iste
red
ag
ain
st t
hem
.
In t
he
mo
rnin
g o
f 9
.12.
2017
, S
alm
a’s
bro
ther
, A
nee
s re
ceiv
ed a
cal
l fr
om
offi
cial
s o
f A
lig
arh
Po
lice
wh
o
stat
ed t
hat
Ram
zan
i w
as k
ille
d i
n a
n e
nco
un
ter.
S
alm
a st
ates
in
her
tes
tim
on
y th
at t
he
po
lice
mu
st
hav
e as
ked
Ram
zan
i fo
r h
er b
roth
er’s
nu
mb
er w
hil
e to
rtu
rin
g h
im.
Du
e to
fea
r o
f p
oss
ible
po
lice
b
ack
lash
, an
d t
he
stru
gg
le o
f su
r-vi
val
that
th
e fa
mil
y is
un
der
go
-in
g, th
e fa
mil
y h
as n
ot
pu
rsu
ed
any
leg
al a
ctio
n a
gai
nst
th
e p
oli
ce
offi
cial
s so
far
.
An
FIR
was
reg
iste
red
in
PS
A
kra
bad
, A
lig
arh
ag
ain
st R
amza
-n
i. T
he
fam
ily
did
no
t h
ave
any
do
cum
ents
/an
y o
ther
in
for-
mat
ion
ab
ou
t th
e ca
se.
COUNTERING THE SILENCE
V
icti
m,
Inci
de
nt
et
al
Po
lice
ve
rsio
n o
f th
e i
nci
-d
en
t In
juri
es
to t
he
bo
dy
F
am
ily
te
stim
on
y
Le
ga
l p
roce
ed
ing
s
4
Fu
rqa
n S
/o M
ee
r H
ass
an
22n
d O
cto
ber
, 20
17
Pla
ce:
Su
gar
can
e fi
eld
s n
ear
Bad
akta
C
anal
Bri
dg
e,
Bu
dh
ana
Po
lice
Sta
-ti
on
(P
.S.)
, D
istr
ict
Mu
zaff
arn
agar
.
Po
lice
at
the
chec
kp
ost
saw
2
mo
torc
ycle
s w
ith
5 p
eop
le o
n
it.
On
see
ing
th
e p
oli
ce,
they
fi
red
gu
n s
ho
ts a
t th
em.
Po
lice
ch
ased
th
e b
ikes
, su
rro
un
ded
th
em a
nd
ask
ed t
hem
to
su
r-re
nd
er.
Cri
min
als
fire
d a
t th
e p
oli
ce,
po
lice
fire
d i
n s
elf
de-
fen
ce.
2 cr
imin
als
on
a m
oto
r-cy
cle
fled
aw
ay,
2 o
ther
cri
mi-
nal
s fl
ed t
akin
g a
dva
nta
ge
of
the
sug
arca
ne
fiel
ds.
On
e cr
im-
inal
, id
enti
fied
as
Fu
rqan
, w
as
inju
red
in
po
lice
fire
alo
ng
wit
h
SI
Ad
esh
Tya
gi
& C
o.
Har
ven
-d
ar..
Sen
t to
CH
C B
ud
han
a fo
r tr
eatm
ent.
Fu
rqan
su
ccu
mb
ed
to h
is i
nju
ries
.
Th
e F
IR i
s si
len
t o
n t
he
inju
ries
rec
eive
d b
y F
urq
an.
Als
o,
the
PM
Rep
ort
alo
ng
w
ith
oth
er d
ocu
men
ts h
ave
till
dat
e n
ot
bee
n g
iven
to
F
urq
an’s
fam
ily.
Fu
rqan
alo
ng
wit
h A
nee
s (c
ou
sin
b
roth
er)
and
Rah
ul
wer
e p
ick
ed
up
fro
m B
us
Sta
nd
at
Bar
aut
by
the
po
lice
. A
nee
s an
d R
ahu
l w
ere
tak
en t
o S
hah
pu
r P
S w
her
e th
ey w
ere
sho
t in
th
eir
leg
s an
d
arre
sted
in
fal
se c
ases
, w
hil
e F
ur-
qan
was
tak
en t
o t
he
fiel
ds
nea
r B
adak
ta C
anal
Bri
dg
e, P
S
Bu
dh
ana
wh
ere
he
was
kil
led
. T
he
enti
re i
nci
den
t w
as n
arra
ted
b
y A
nee
s an
d R
ahu
l to
Mir
Has
-sa
n (
Fu
rqan
’s f
ath
er),
wh
en h
e m
et t
hem
in
th
e ja
il.
Mir
Has
san
sta
tes
that
th
ere
was
n
o r
ewar
d o
n F
urq
an’s
hea
d p
ri-
or
to t
he
enco
un
ter,
he
was
no
t w
ante
d i
n a
ny
case
an
d t
hat
Fu
r-q
an h
ad b
een
let
ou
t o
n b
ail
a m
on
th b
efo
re h
is e
nco
un
ter
and
h
e w
as r
esid
ing
wit
h h
is w
ife
and
ch
ild
ren
in
th
e p
ast
on
e m
on
th.
Mir
Has
san
an
d h
is s
on
s, r
ela-
tive
s an
d A
nee
s an
d R
ahu
l ar
e b
ein
g c
on
stan
tly
thre
aten
ed b
y th
e P
oli
ce o
ffice
r ac
cuse
d o
f k
ill-
ing
Fu
rqan
.
4 F
IRS
(79
7/20
17,
798
/20
17,
799
/20
17 a
nd
8
00
/20
17)
was
lo
dg
ed o
n 2
3.10
.20
17 i
n P
S
Bu
dh
ana,
Dis
tric
t M
uza
ffar
Nag
ar,
u/s
. 14
7,14
8,1
49
,30
7, 4
14 a
nd
411
IP
C;
Sec
tio
n 4
1 an
d 1
02
CrP
C a
nd
Sec
tio
n 3
, 25
, 27
an
d S
ec-
tio
n 4
/ 25
Arm
s A
ct,1
959
ag
ain
st F
urq
an a
nd
u
nk
no
wn
acc
use
d p
erso
ns.
PM
was
co
nd
uct
ed,
bu
t th
e P
M R
epo
rt n
ot
mad
e av
aila
ble
to
Fu
rqan
’s f
amil
y as
yet
.
A M
agis
teri
al I
nq
uir
y is
cu
rren
tly
bei
ng
co
n-
du
cted
by
Su
b D
ivis
ion
al M
agis
trat
e (S
DM
),
Bu
dh
ana.
Ch
arg
esh
eet
has
no
t ye
t b
een
file
d
by
the
po
lice
.
Mir
Has
san
has
file
d r
epre
sen
tati
on
to
var
i-o
us
auth
ori
ties
, in
clu
din
g N
HR
C.
A 1
56(3
) C
rPC
ap
pli
cati
on
was
file
d b
efo
re
the
CJM
, M
uza
ffar
nag
ar,
wh
ich
was
dis
-m
isse
d.
A C
rim
inal
Rev
isio
n P
etit
ion
is
cur-
ren
tly
pen
din
g i
n t
he
All
ahab
ad H
C a
gai
nst
th
e O
rder
of
the
CJM
.
A c
om
pla
int
was
file
d b
efo
re N
HR
C a
fter
th
e 15
6(3
) ap
pli
cati
on
was
file
d i
n C
ou
rt s
tati
ng
th
at t
he
accu
sed
po
lice
per
son
nel
hav
e th
reat
ened
th
e w
itn
esse
s an
d f
amil
y o
f F
ur-
qan
wit
h d
ire
con
seq
uen
ces
if t
hey
pu
rsu
e th
e ca
se.
NH
RC
had
tra
nsf
erre
d t
he
com
-p
lain
t to
SS
P M
uza
ffar
nag
ar t
o t
ake
app
ro-
pri
ate
acti
on
. M
eer
Has
an h
as n
ot
rece
ived
an
y re
spo
nse
fro
m t
he
SS
P M
uza
ffar
nag
ar a
s ye
t.
39
COUNTERING THE SILENCE
40
V
icti
m,
Inci
de
nt
et
al
Po
lice
ve
rsio
n o
f th
e i
nci
-d
en
t In
juri
es
to t
he
bo
dy
F
am
ily
te
stim
on
y
Le
ga
l p
roce
ed
ing
s
5 S
um
it K
um
ar
s/o
K
ara
m C
ha
nd
3.10
.20
17
AT
S C
ho
wk
, G
reat
er
No
ida,
UP
SH
O P
S K
asn
a Ji
ten
dra
Ku
mar
g
ot
to k
no
w f
rom
an
in
form
er
that
cri
min
als
arm
ed w
ith
.31
5 b
ore
rifl
e an
d o
ther
arm
s ar
e ro
amin
g a
rou
nd
in
a S
wif
t C
ar
nea
t A
TS
ro
un
dab
ou
t. T
he
Ri-
fle
was
rep
ort
ed t
o b
e st
ole
n
fro
m P
S E
cote
ch-I
II. S
HO
PS
K
asn
a al
on
gw
ith
6 p
oli
ce o
ffi-
cial
s (P
O)
wit
h S
HO
PS
Sec
tor
58,
An
il P
rata
p S
ing
h w
ith
2
PO
& S
O P
S B
isra
kh
Aja
y K
u-
mar
Sh
arm
a, w
ith
5 P
O a
ll
arm
ed r
each
ed t
he
AT
S C
ho
wk
to
lo
ok
fo
r th
e cr
imin
als.
Th
ey
saw
4 p
eop
le h
old
ing
gu
ns
wer
e st
and
ing
nea
r a
Sw
ift
Car
. W
hen
th
e p
oli
ce s
po
tted
th
em,
they
fire
d a
t th
e p
oli
ce a
nd
ran
aw
ay i
n t
hei
r ca
r. P
oli
ce c
has
ed
them
in
th
eir
veh
icle
s. T
he
car
go
t d
isb
alan
ced
an
d c
rash
ed i
n
the
gat
e o
f a
colo
ny.
Th
e cr
imi-
nal
s g
ot
ou
t o
f th
e ca
r an
d
star
ted
firi
ng
at
the
po
lice
par
-ty
. O
ne
bu
llet
eac
h fi
red
by
the
crim
inal
s h
it t
he
bu
llet
pro
of
jack
et o
f S
HO
Sec
tor
58 a
nd
S
O B
isra
kh
an
d S
I S
atis
h K
u-
mar
go
t in
jure
d w
ith
th
e b
ull
et
fire
d b
y th
e cr
imin
als.
Kar
am C
han
d,
Su
mit
’s f
a-th
er s
tate
s th
at a
fter
th
e al
leg
ed e
nco
un
ter,
th
e p
o-
lice
offi
cial
s w
ere
refu
sin
g
to g
ive
Su
mit
’s b
od
y to
th
e fa
mil
y m
emb
ers.
Th
e fa
mi-
ly h
ad t
o p
rote
st o
uts
ide
the
Mo
rtu
ary
in S
ecto
r 9
4
NO
IDA
an
d s
top
ped
th
e tr
affic
at M
aham
aya
Fly
o-
ver.
On
ly t
hen
did
th
e p
o-
lice
giv
e S
um
it’s
bo
dy
to h
is
fam
ily.
Su
mit
’s b
od
y, h
ad
gra
ve m
ark
s o
f to
rtu
re o
n
it.
His
bac
k b
on
e, a
rms
and
le
gs
wer
e b
rok
en,
and
his
le
ft e
ye w
as w
as g
riev
ou
sly
mu
tila
ted
. H
is n
eck
an
d
bac
k h
ad b
lue
inju
ry m
ark
s.
Kar
am C
han
d s
tate
s, o
n 3
0.0
9.2
017
at
10.0
0 a
m,
Su
mit
wen
t to
Bal
aun
i w
her
e h
e w
as a
bd
uct
ed b
y 6
-7 p
eop
le i
n p
lain
cl
oth
es i
n a
car
an
d fl
ed t
ow
ard
s B
agh
pat
. F
amil
y tr
ied
to
giv
e a
com
pla
int
to P
S.
Bal
aun
i, S
ing
hw
ali
Ah
ir a
nd
SP
B
agh
pat
, b
ut
they
did
no
t ta
ke
the
com
-p
lain
t an
d n
o i
nve
stig
atio
n w
as c
on
du
ct-
ed.
On
2.1
0.2
017
, B
agh
pat
po
lice
to
ld S
u-
mit
’s f
amil
y th
at S
um
it i
s in
po
lice
cu
sto
-d
y an
d i
s b
ein
g q
ues
tio
ned
reg
ard
ing
FIR
N
o.
394
/20
17 d
ated
20
.9.2
017
reg
iste
red
in
PS
Eco
tech
– I
II,
NO
IDA
an
d w
ill
be
rele
ased
by
nex
t d
ay.
Kar
am C
han
d f
ur-
ther
sta
tes
that
FIR
No
. 39
4/1
7 d
oes
no
t n
ame
Su
mit
as
an a
ccu
sed
. (t
he
FIR
is
reg
iste
red
ag
ain
st u
nk
no
wn
per
son
s).
On
th
e n
igh
t o
f 2.
10.2
017
, N
OID
A p
oli
ce
cam
e to
Su
mit
’s h
ou
se a
nd
to
ok
aw
ay a
ll
his
id
enti
fica
tio
n d
ocu
men
ts a
nd
th
reat
-en
ed t
he
fam
ily
that
th
ey w
ill
be
pic
ked
u
p k
ille
d.
On
th
e m
orn
ing
of
3.10
.20
17,
Kar
am
Ch
and
go
t to
kn
ow
fro
m h
is r
elat
ives
an
d t
hro
ug
h n
ewsp
aper
th
at S
um
it h
as
bee
n d
ecla
red
ab
sco
nd
ing
by
the
po
lice
in
a c
ase
reg
iste
red
ag
ain
st h
im a
nd
a
rew
ard
was
an
no
un
ced
on
him
. In
th
e af
tern
oo
n o
f 3.
10.2
017
, P
rave
en,
Su
mit
’s
bro
ther
fax
ed c
om
pla
int
lett
ers
to D
GP
, U
P P
oli
ce,
Ch
ief
Min
iste
r, U
P,
Nat
ion
al
Hu
man
Rig
hts
Co
mm
issi
on
. A
co
mp
lain
t w
as a
lso
sen
t to
Mr.
Lu
v K
um
ar,
SS
P
NO
IDA
, G
auta
m B
ud
h N
agar
, U
P, h
ow
-ev
er n
o i
nve
stig
atio
n w
as c
on
du
cted
.
Co
mp
lain
t le
tter
s w
ritt
en t
o C
ity
Mag
istr
ate,
NO
IDA
, G
auta
m B
ud
h
Nag
ar,
for
init
iati
ng
in
qu
iry
pro
ceed
-in
gs
agai
nst
th
e p
oli
ce o
ffice
rs.
No
re
spo
nse
. O
n 1
7.10
.20
17,
the
fam
ily
agai
n w
rote
co
mp
lain
t le
tter
s to
SP
B
agh
pat
, S
SP
Gau
tam
Bu
dh
Nag
ar,
Cit
y M
agis
trat
e N
OID
A,
IG P
oli
ce,
Mee
rut.
On
23.
10.2
017
, an
ap
pli
cati
on
u
/s 1
56(3
) w
as fi
led
bef
ore
th
e C
JM,
Bag
hp
at.
On
3.1
1.20
17,
the
app
lica
tio
n
was
dis
mis
sed
by
the
CJM
Bag
pat
, st
atin
g t
hat
th
e sa
id a
pp
lica
tio
n
sho
uld
be
file
d i
n D
istr
ict
Gau
tam
-b
ud
h N
agar
. T
her
eaft
er a
n a
pp
lica
-ti
on
u/s
156
(3)
was
file
d i
n N
OID
A
Co
urt
, w
hic
h d
ism
isse
d a
nd
th
e ca
se
is c
urr
entl
y p
end
ing
in
th
e A
llah
abad
H
igh
Co
urt
.
NH
TC
to
ok
su
o m
oto
co
gn
isan
ce c
ase
nu
mb
er -
30
160
/24
/30
/20
17-A
D,
case
is
pen
din
g f
or
rece
ipt
of
do
cum
ents
fr
om
SS
P a
nd
Dis
tric
t M
agis
trat
e,
Gau
tam
Bu
dh
Nag
ar.
FIR
No
. 8
61
and
86
2 w
as fi
led
ag
ain
st
Su
mit
Gu
jjar
an
d t
hre
e o
ther
un
-k
no
wn
acc
use
d p
erso
ns
u/s
30
7 IP
C
and
Sec
tio
ns
25 a
nd
27
of
Arm
s A
ct
1959
in
PS
. K
asn
a D
istt
Gau
tam
Bu
dh
N
agar
, o
n 4
.10
.20
17 a
t 12
.10
am o
n t
he
stat
emen
t o
f S
HO
Jit
end
ra K
um
ar,
PS
. K
asn
a. P
ost
Mo
rtem
was
co
nd
uct
-ed
by
a p
anel
of
two
do
cto
rs o
n
4.1
0.2
017
. V
ideo
gra
ph
y w
as a
lso
do
ne.
A
Mag
iste
rial
In
qu
iry
was
in
itia
ted
by
SD
M,
Gau
tam
bu
dh
Nag
ar a
nd
th
e fa
mil
y h
ad g
iven
th
eir
wri
tten
su
b-
mis
sio
ns
to t
he
SD
M.
41
COUNTERING THE SILENCE
V
icti
m,
Inci
de
nt
et
al
Po
lice
ve
rsio
n o
f th
e i
nci
-d
en
t In
juri
es
to t
he
bo
dy
F
am
ily
te
stim
on
y
Le
ga
l p
roce
ed
ing
s
5 (c
on
tin
ue
d)
Su
mit
Ku
ma
r s/
o
Ka
ram
Ch
an
d
3.10
.20
17
AT
S C
ho
wk
, G
reat
er
No
ida,
UP
Th
erea
fter
, p
oli
ce o
ffici
als
fire
d
5 b
ull
ets
at t
he
crim
inal
s. O
ne
crim
inal
go
t in
jure
d i
n t
he
po
-li
ce fi
rin
g a
nd
th
e 3
oth
ers
man
aged
to
esc
ape.
Th
e in
-ju
red
cri
min
al a
nd
SI
Sat
ish
K
um
ar w
ere
sen
t to
Dis
tric
t H
osp
ital
, G
auta
mb
ud
h N
agar
fo
r tr
eatm
ent.
Th
e in
jure
d
crim
inal
was
dec
lare
d d
ead
by
the
do
cto
rs i
n t
he
ho
spit
al.
A
wal
let
was
rec
ove
red
fro
m t
he
crim
inal
’s p
ock
et w
hic
h c
on
-ta
ined
his
Vo
ter
ID C
ard
. T
he
crim
inal
was
id
enti
fied
as
Su
-m
it s
/o K
aram
Sin
gh
.
As
per
PM
Rep
ort
he
had
o
ne
bu
llet
in
jury
on
lef
t si
de
of
his
ch
est,
an
d a
bu
l-le
t w
as r
eco
vere
d f
rom
his
ch
est
cag
e. T
her
e w
as a
lso
an
ab
rasi
on
on
his
rig
ht
sho
uld
er b
lad
e re
gio
n,
be-
low
sh
ou
lder
lin
e. S
um
it’s
fa
mil
y h
as b
een
giv
en o
ne
pag
e o
f th
e P
M r
epo
rt.
Th
ey h
ave
bee
n m
eeti
ng
an
d w
riti
ng
to
sev
eral
go
v-er
nm
ent/
po
lice
offi
cial
s to
g
et P
M r
epo
rt.
In t
he
nig
ht
of
3.10
.20
17,
Su
mit
’s f
amil
y g
ot
to k
no
w f
rom
NO
IDA
New
s C
han
-n
els
that
Mr.
Lu
v K
um
ar,
SS
P N
OID
A,
Gau
tam
Bu
dh
Nag
ar h
as i
ssu
ed a
pre
ss
stat
emen
t st
atin
g t
hat
offi
cial
s o
f P
S
Kas
na
and
Bis
rak
h a
nd
oth
er o
ffici
als
wer
e co
nd
uct
ing
a j
oin
t o
per
atio
n i
n
wh
ich
Su
mit
was
kil
led
in
an
en
cou
nte
r an
d 3
oth
er u
nk
no
wn
acc
use
d m
anag
ed
to e
scap
e. T
he
new
s re
po
rt a
lso
sta
ted
th
at S
um
it w
as a
gan
gst
er w
ho
was
ab
-sc
on
din
g f
rom
th
e p
oli
ce i
n c
ases
of
mu
rder
an
d d
aco
ity
and
had
an
aw
ard
of
Rs.
50
,00
0 o
n h
is h
ead
.
On
02.
10.2
017
, w
hen
po
lice
had
dec
lare
d
Su
mit
as
absc
on
din
g, h
is f
amil
y w
as
ask
ed f
or
Rs.
3,5
0,0
00
as
bri
be
thro
ug
h a
m
edia
tor
if t
hey
wan
t th
e p
oli
ce t
o r
e-le
ase
Su
mit
.
Su
mit
’s b
roth
er R
aj S
ing
h a
nd
Pra
vin
w
ere
imp
lica
ted
in
a c
ase
fals
e fo
r ch
arg
-es
of
rap
e an
d d
aco
ity.
COUNTERING THE SILENCE
42
V
icti
m,
Inci
de
nt
et
al
Po
lice
ve
rsio
n o
f th
e i
nci
-d
en
t In
juri
es
to t
he
bo
dy
F
am
ily
te
stim
on
y
Le
ga
l p
roce
ed
ing
s
6.
Ma
nso
or
S/o
Ak
ba
r
27th
Sep
tem
ber
20
17
Pla
ce:
Gan
dh
i G
hat
, G
ate
No
. 2,
Pu
kh
ta
Ro
ad,
PS
Sad
ar B
a-za
r, M
eeru
t.
Po
lice
wer
e in
form
ed a
bo
ut
3 cr
imin
als
on
a b
ike
loo
tin
g a
W
ago
nR
car
. P
oli
ce s
po
tted
th
e st
ole
n c
ar b
ein
g d
rive
n b
y 2
crim
inal
s, a
nd
tri
ed t
o s
top
th
em.
On
see
ing
th
e p
oli
ce,
they
tri
ed t
o r
un
aw
ay.
Po
lice
ch
ased
th
e ca
r, s
urr
ou
nd
ed
them
an
d a
sked
th
em t
o s
ur-
ren
der
. C
rim
inal
s fi
red
at
the
po
lice
, p
oli
ce fi
red
in
sel
f d
e-fe
nce
. 1
crim
inal
lat
er i
den
ti-
fied
as
Man
soo
r w
as i
nju
red
in
po
lice
firi
ng
, th
e o
ther
ac-
cuse
d e
scap
ed b
y fi
rin
g a
t th
e p
oli
ce a
nd
ju
mp
ing
th
e w
all.
M
anso
or
sen
t to
LL
RM
Med
i-ca
l C
oll
ege
Mee
rut
for
trea
t-m
ent,
su
ccu
mb
ed t
o h
is i
nju
-ri
es o
n t
he
way
to
th
e h
osp
i-ta
l.
Jave
da,
Man
soo
r’s
mo
ther
st
ates
th
at w
hen
Man
-so
or’
s b
od
y w
as b
rou
gh
t h
om
e, t
hey
no
tice
d t
hat
h
is b
od
y h
ad o
ne
bu
llet
w
ou
nd
on
th
e le
ft s
ide
of
his
ch
est,
wit
h m
ark
s o
f ta
tto
oin
g a
rou
nd
it.
Th
e P
ost
Mo
rtem
Rep
ort
als
o
stat
es t
he
sam
e. T
his
in
di-
cate
s th
at M
anso
or
was
sh
ot
fro
m a
clo
se r
ang
e st
raig
ht
on
his
ch
est
wh
ich
led
to
his
im
med
i-at
e d
eath
.
Jave
da
stat
es t
hat
on
26
th S
epte
mb
er
2017
, n
oo
n,
SH
O P
rash
ant
Kap
il a
nd
S
HO
Ras
hid
Ali
to
ok
Man
soo
r fr
om
his
h
ou
se.
Man
soo
r’s
fam
ily
kn
ew t
hes
e p
oli
cem
en f
or
10-1
2 ye
ars.
Nex
t d
ay
mo
rnin
g o
ffici
als
fro
m P
S B
ehat
cam
e an
d t
oo
k s
ign
atu
res
on
pap
ers
stat
ing
th
ey w
ere
war
ran
t p
aper
s o
f M
anso
or.
H
id t
he
fact
of
Man
soo
r’s
enco
un
ter
fro
m h
is f
amil
y, f
amil
y g
ot
to k
no
w
fro
m m
edia
rep
ort
s. N
o s
tate
men
ts
hav
e b
een
tak
en f
rom
th
e fa
mil
y b
y p
oli
ce o
r M
agis
trat
e.
2 F
IRs
(48
9/1
7 &
49
0/1
7) fi
led
on
th
e st
atem
ent
of
Pra
shan
t K
apil
, S
HO
, P
S
Sad
ar B
azaa
r, o
n 2
7/9
/17
in P
S S
adar
B
azar
, D
istr
ict
Mee
rut
u/s
30
7 IP
C a
nd
S
ec 2
5/27
of
Arm
s A
ct a
gai
nst
un
kn
ow
n
accu
sed
per
son
s. T
he
accu
sed
kil
led
in
th
e p
oli
ce e
nco
un
ter
was
lat
er i
den
tifi
ed
as M
anso
or
s/o
Ak
bar
R/o
by
Co
. Ja
yvar
dh
an,
Cri
me
Bra
nch
Mee
rut.
In
-q
ues
t R
epo
rt p
rep
ared
by
San
tosh
Ku
-m
ar,
Teh
sild
ar,
Sad
ar,
Dis
t M
eeru
t. P
ost
M
ort
em c
on
du
cted
at
Mee
rut
Med
ical
C
oll
ege
and
vid
eog
rap
hed
. O
n 1
0.1
0.1
7,
inve
stig
atio
n w
as t
ran
sfer
red
to
Cri
me
Bra
nch
, M
eeru
t b
y S
SP
Mee
rut.
On
3.
12.2
017
a fi
nal
rep
ort
was
su
bm
itte
d u
/s
173
CrP
C t
o C
JM,
Mee
rut
for
FIR
No
s.
48
9/2
017
an
d 4
90
/20
17 o
n t
he
gro
un
d
that
th
e ac
cuse
d i
n t
he
FIR
s d
ied
on
his
w
ay t
o t
he
ho
spit
al. T
he
GD
en
trie
s at
-ta
ched
wit
h t
he
Fin
al R
epo
rt s
tate
th
at
the
iden
tity
of
the
accu
sed
wh
o e
scap
ed
the
enco
un
ter
cou
ld n
ot
be
asce
rtai
ned
b
y th
e in
form
ers
reli
ed u
po
n b
y th
e p
o-
lice
. A
Let
ter
dat
ed 9
.12.
2017
fro
m t
he
com
pla
inan
t P
rash
ant
Kap
il,
SH
O,
P.S
. S
ada
Baz
aar
to t
he
CJM
, M
eeru
t st
ates
th
at h
e h
as n
o o
bje
ctio
n t
o t
he
Fin
al
Rep
ort
su
bm
itte
d b
y th
e p
oli
ce i
n t
he
abo
vem
enti
on
ed c
ases
.
On
26
.4.1
8 M
anso
or’
s m
oth
er,
Jave
da
has
sen
t a
rep
rese
nta
tio
n t
o t
he
Nat
ion
al
Co
mm
issi
on
on
Min
ori
ties
, N
ew D
elh
i.
COUNTERING THE SILENCE
V
icti
m,
Inci
de
nt
et
al
Po
lice
ve
rsio
n o
f th
e i
nci
-d
en
t In
juri
es
to t
he
bo
dy
F
am
ily
te
stim
on
y
Le
ga
l p
roce
ed
ing
s
7.
Sh
am
sha
ad
s/o
Sh
a-
hid
11th
Sep
tem
ber
, 20
17
Pla
ce:
Infr
on
t o
f IT
C
Gat
e, P
S S
adar
Ba-
zaar
, S
ahar
anp
ur
SH
O N
ano
ta w
ith
3 P
oli
ce
offi
cers
(PO
), S
O S
adar
Baz
aar
wit
h 5
PO
, S
WA
T T
Eam
wit
h 8
o
ffice
rs a
nd
tea
m f
rom
In
tell
i-g
ence
Win
g w
ith
6 P
O w
ere
loo
kin
g f
or
Sh
amsh
aad
an
d h
is
acco
mp
lice
wh
o w
ere
on
a
bik
e, a
nd
had
fire
d a
t S
HO
N
ano
ta a
nd
his
tea
m a
t a
chec
k
po
st.
Mo
torc
ycle
was
sp
ott
ed,
ask
ed
to s
top
, th
ey t
ried
to
ru
n a
way
, ch
ased
by
po
lice
. C
rim
inal
s fi
red
at
the
po
lice
. S
urr
ou
nd
ed
by
all
24 o
ffice
rs a
t IT
C G
ate.
B
ike
slip
ped
, cr
imin
als
op
ened
fi
re a
t th
e p
oli
ce t
eam
, in
th
e cr
oss
firi
ng
, S
ham
shaa
d w
as
inju
red
. T
he
oth
er c
rim
inal
es
cap
ed o
n f
oo
t, l
eavi
ng
his
g
un
.
SI
Aru
n P
awar
an
d C
o.
Aru
n
Ran
a in
jure
d i
n t
hei
r h
and
, w
hil
e 4
po
lice
offi
cers
rec
eive
d
bu
llet
s o
n t
hei
r b
ull
et p
roo
f ja
cket
s.
Sh
aam
shad
an
d i
nju
red
offi
cers
se
nt
to D
ist
Go
vt H
osp
ital
.
Sal
iha,
Sh
amsh
aad
’s w
ife
stat
es b
od
y h
ad m
ark
s o
f b
eati
ng
s o
n n
eck
an
d o
ther
b
od
y p
arts
. T
he
bo
dy
loo
ked
2-3
day
s o
ld s
ince
it
was
blo
ated
. B
ull
et w
ou
nd
s w
ere
surr
ou
nd
ed b
y b
lack
-en
ing
of
skin
, in
dic
atin
g
that
he
was
sh
ot
at f
rom
a
clo
se r
ang
e.
PM
R r
eco
rds
the
tim
e o
f th
e p
ost
mo
rtem
as
4.5
5 P
M o
n 1
1.9
.20
17.
Th
e P
MR
h
ow
ever
, st
ates
th
at b
od
y is
1-
4 d
ays
old
.
PM
R r
eco
rds
that
th
e 7T
h,
8th
an
d 9
th r
ib o
n l
eft
sid
e w
as f
ract
ure
d.
Th
e P
MR
st
ates
th
e fo
llo
win
g b
ull
et
wo
un
ds
– 3
bu
llet
s o
n t
he
fro
nt
left
sid
e o
f th
e ch
est,
o
ne
bu
llet
on
rig
ht
kn
ee
join
t.
Sal
iha
stat
es -
Sh
amsh
ad w
as i
mp
riso
ned
in
Deo
ban
d j
ail
for
pas
t ye
ar a
nd
a h
alf.
O
n 7
.9.1
7, h
e w
as b
rou
gh
t to
Vik
as N
agar
fr
om
Deo
ban
d j
ail
for
a h
eari
ng
, an
d o
n
the
way
bac
k t
o D
eob
and
, it
was
sai
d,
he
esca
ped
, al
on
g w
ith
an
acc
om
pli
ce.
Sh
e st
ates
th
at o
n 1
1.9
.17
she
hea
rd t
hat
S
ham
shaa
d w
as k
ille
d i
n a
n e
nco
un
ter
by
offi
cial
s o
f P
S S
adar
Baz
aar.
Sal
iha
alle
ges
th
at t
he
po
lice
offi
cial
s ar
e co
n-
coct
ing
th
e st
ory
of
Sh
amsh
aad
ru
nn
ing
aw
ay f
rom
jai
l. T
he
po
lice
offi
cers
had
il
leg
ally
kid
nap
ped
Sh
amsh
aad
on
his
w
ay b
ack
, to
rtu
red
an
d t
hen
kil
led
him
. L
ater
on
11.
9.1
7 th
e p
oli
ce s
ho
wed
th
at
Sh
amsh
aad
had
bee
n k
ille
d i
n a
n e
n-
cou
nte
r.
FIR
No
. 4
33 d
t 11
.9.2
017
file
d i
n
PS
Sad
ar B
azaa
r ag
ain
st S
ham
-sh
ad a
nd
an
oth
er u
nk
no
wn
ac-
cuse
d p
erso
n,
u/s
30
7 IP
C a
nd
S
ecti
on
41,
10
2 C
rPC
. A
n I
nsp
ec-
tor
leve
l o
ffice
r fr
om
PS
Ja-
nak
pu
ri m
ade
the
IO i
n t
he
case
.
Po
st M
ort
em c
on
du
cted
an
d
vid
eog
rap
hed
. F
amil
y n
ot
awar
e o
f an
y fu
rth
er i
nve
stig
atio
n.
Th
ey h
ave
no
t re
ceiv
ed a
ny
sum
mo
ns
fro
m p
oli
ce/c
ou
rt.
Sal
iha
stat
es -
th
e d
ay S
ham
-sh
aad
was
sh
ow
n a
s b
ein
g a
b-
sco
nd
ing
, p
oli
ce o
ffice
rs c
ame
to
thei
r h
ou
se a
nd
to
ok
Sh
am-
shaa
d’s
th
ree
bro
ther
s w
ith
th
em.
Sal
iha
had
sen
t w
ritt
en
com
pla
ints
to
NH
RC
an
d S
HR
C
and
th
e N
atio
nal
Co
mm
issi
on
F
or
Min
ori
ties
, d
id n
ot
rece
ive
any
rep
ly.
Du
e to
fea
r o
f p
oli
ce
bac
kla
sh, fa
mil
y h
as n
ot
pu
r-su
ed a
ny
leg
al a
ctio
n a
gai
nst
th
e p
oli
ce o
ffici
als
so f
ar.
43
COUNTERING THE SILENCE
44
V
icti
m,
Inci
de
nt
et
al
Po
lice
ve
rsio
n o
f th
e i
nci
-d
en
t In
juri
es
to t
he
bo
dy
F
am
ily
te
stim
on
y
Le
ga
l p
roce
ed
ing
s
8.
Na
de
em
(s/
o l
ate
Ir
sha
d)
8th
Sep
tem
ber
20
17
Pla
ce:
Jan
gal
gra
m,
nea
r Ja
twar
a N
ahar
P
ul,
PS
Kak
roli
, D
is-
tric
t M
uza
ffar
nag
ar,
UP
Po
lice
go
t in
form
atio
n a
bo
ut
2 cr
imin
als
on
a m
oto
rcyc
le l
oo
t-in
g o
ther
mo
torc
ycli
sts.
Po
lice
set
up
bar
rica
des
to
ap
-p
reh
end
th
e cr
imin
als.
Tw
o p
eop
le o
n a
mo
torc
ycle
, tr
ied
to
flee
aft
er s
eein
g t
he
po
lice
, ch
ased
by
the
po
lice
, m
oto
rcyc
le l
ost
bal
ance
an
d
fell
, cr
imin
als
fire
d g
un
sh
ots
at
po
lice
, p
oli
ce fi
red
in
sel
f d
e-fe
nce
.
On
e cr
imin
al i
nju
red
, ta
ken
to
h
osp
ital
, su
ccu
mb
ed t
o i
nju
-ri
es,
the
oth
er a
ccu
sed
esc
aped
, co
uld
no
t b
e id
enti
fied
. S
I V
ijay
K
r T
yag
i g
ot
hit
by
a b
ull
et i
n
his
arm
.
New
spap
er r
epo
rts
pu
bli
shed
o
n 9
.9.2
017
sta
te t
hat
Nad
eem
h
ad fl
ed f
rom
po
lice
cu
sto
dy
on
6th
Sep
tem
ber
20
17,
as a
re
sult
of
wh
ich
a r
ewar
d o
f R
s.
15,0
00
was
an
no
un
ced
on
him
.
Acc
ord
ing
to
Nad
eem
’s
fam
ily
his
bo
dy
was
han
ded
o
ver
to t
he
fam
ily
in a
g
has
tly
con
dit
ion
. H
is
arm
s, l
egs,
nec
k a
nd
sp
inal
co
rd w
ere
bro
ken
an
d t
her
e w
ere
mar
ks
of
bea
tin
g. T
he
on
ly v
isib
le b
ull
et w
ou
nd
w
as a
cle
an s
ho
t in
th
e fo
reh
ead
.
Fam
ily
stat
es t
hat
an
alt
erca
tio
n t
oo
k
pla
ce b
etw
een
Nad
eem
an
d a
lo
cal
jew
el-
ler.
Th
e je
wel
ler
file
d a
fal
se t
hef
t ca
se
agai
nst
Nad
eem
. T
he
po
lice
ask
ed f
or
a b
rib
e o
f R
s. 6
Lak
hs
to s
up
pre
ss t
he
FIR
.
Fam
ily
clai
ms
that
Nad
eem
was
pic
ked
u
p b
y th
e p
oli
ce o
n 5
.9.2
017
, an
d w
as
kep
t in
Th
ana
Nai
Man
di
and
to
rtu
red
. O
n 6
.9.2
017
, fa
mil
y sa
w N
adee
m i
n P
S
Nai
Man
di
po
lice
cu
sto
dy.
Fam
ily
wai
ted
o
uts
ide
till
eve
nin
g f
or
rele
ase.
Lat
er
hea
rd t
hat
Nad
eem
was
sh
ow
n t
o h
ave
fled
po
lice
cu
sto
dy
on
6.9
.20
17.
Fam
ily
sen
t le
tter
s to
NH
RC
, p
oli
ce o
ffici
als
thro
ug
h f
ax.
3 F
IRs
(039
6/1
7, 0
397/
17 &
0
398
/17)
re
late
d t
o t
he
inci
den
t fi
led
ag
ain
st N
adee
m a
nd
an
u
nk
no
wn
acc
use
d i
n P
S K
akro
li,
Dis
tric
t M
uza
ffar
nag
ar u
/s 3
07
&
414
IP
C,
25(3
) o
f A
rms
Act
19
59.
A p
ost
mo
rtem
was
co
nd
uct
ed,
Nad
eem
’s f
amil
y is
no
t aw
are
of
any
furt
her
in
vest
igat
ion
bei
ng
ca
rrie
d o
ut
by
the
po
lice
. P
ost
M
ort
em R
epo
rt h
as n
ot
bee
n
giv
en t
o t
he
fam
ily.
COUNTERING THE SILENCE
V
icti
m,
Inci
de
nt
et
al
Po
lice
ve
rsio
n o
f th
e i
nci
-d
en
t In
juri
es
on
th
e b
od
y
Fa
mil
y t
est
imo
ny
L
eg
al
pro
cee
din
gs
9.
Ikra
m @
To
la s
/o
Mu
nsh
i
11th
Au
gu
st,
2017
Pla
ce:
Kai
ran
a B
y-p
ass,
nea
r B
anja
ra
Bas
ti,
Dis
t S
ham
li,
UP
.
Po
lice
go
t in
form
atio
n t
hat
2
crim
inal
s h
ave
loo
ted
a b
ike.
Po
lice
set
up
bar
rica
des
to
ap
-p
reh
end
th
e cr
imin
als.
Tw
o p
eop
le o
n a
mo
torc
ycle
, tr
ied
to
flee
aft
er s
eein
g t
he
po
lice
, ch
ased
by
the
po
lice
, m
oto
rcyc
le l
ost
bal
ance
an
d
fell
, cr
imin
als
fire
d g
un
sh
ots
at
po
lice
, p
oli
ce fi
red
in
sel
f d
e-fe
nce
.
On
e cr
imin
al i
nju
red
, id
enti
-fi
ed h
imse
lf a
s Ik
ram
, t
aken
to
C
HC
, K
aira
na,
su
ccu
mb
ed t
o
inju
ries
, th
e o
ther
acc
use
d e
s-ca
ped
, h
e w
as i
den
tifi
ed a
s S
hak
il b
y Ik
ram
.
Co
. A
nk
ush
Go
dar
a &
Co
. R
agh
u R
aj S
ing
h i
nju
red
by
bu
llet
s o
f th
e ac
cuse
d.
Sen
t to
C
HC
, K
aira
na
for
trea
tmen
t.
As
per
th
e F
IR,
15 p
oli
ce o
ffi-
cial
s o
f P
S K
aira
na,
PS
Ko
twal
i an
d o
ffici
als
of
SW
AT
Tea
m
invo
lved
in
th
e p
oli
ce a
ctio
n.
As
per
th
e P
M R
epo
rt,
he
had
5 b
ull
et w
ou
nd
s o
n h
is
rig
ht
kn
ee,
rig
ht
thig
h,
rig
ht
foo
t, l
eft
kn
ee,
left
fo
ot
and
3 f
ract
ure
s o
n h
is
rig
ht
leg
. B
lack
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g f
ou
nd
ar
ou
nd
th
e g
un
sho
t w
ou
nd
s in
dic
ate
clo
se
ran
ge
fire
.
As
per
Ik
ram
’s f
amil
y, h
is
bo
dy
also
had
sev
ere
wo
un
ds
of
tort
ure
. H
is r
ibs
and
arm
wer
e b
rok
en a
nd
h
e h
ad a
hu
ge
inju
ry o
n t
he
bac
k o
f h
is h
ead
.
Ikra
m’s
wif
e te
stifi
es t
hat
on
10
.08
.20
17
Ikra
m h
ad g
on
e to
a h
osp
ital
in
Bag
hp
at
wit
h h
is y
ou
ng
er s
on
, to
ch
eck
on
a r
ela-
tive
. A
t n
oo
n,
on
10
.8.2
017
, S
hak
eel,
Su
nil
an
d 5
-6 o
ther
men
cam
e to
Ik
ram
’s
ho
use
an
d w
ere
info
rmed
by
his
wif
e th
at I
kra
m w
as i
n t
he
ho
spit
al. T
hey
vis
-it
ed t
he
ho
spit
al,
and
to
ok
Ik
ram
wit
h
them
. S
ajid
, Ik
ram
’s m
ino
r so
n i
s a
wit
-n
ess
to t
his
.
On
11.
8.2
017
, fa
mil
y g
ot
to k
no
w t
hro
ug
h
soci
al m
edia
(w
hat
sap
p)
that
Ik
ram
has
b
een
kil
led
in
an
‘en
cou
nte
r’. H
er m
ino
r so
ns
wer
e th
reat
ened
by
the
po
lice
wh
en
they
had
go
ne
to t
he
po
lice
sta
tio
n t
o
inq
uir
e ab
ou
t th
e d
eath
of
thei
r fa
ther
.
3 F
IRs
(78
5/20
17,
786
/20
17,
787/
2017
) P
S K
aira
na,
Sh
amli
D
istr
ict
dat
ed 1
1.8
.20
17 u
/s
307
IPC
an
d S
ec 2
5 A
rms
Act
ag
ain
st
Ikra
m &
Sh
akee
l.
Inve
stig
atio
n o
f 3
FIR
s tr
ans-
ferr
ed t
o S
HO
Um
esh
Ro
riya
, P
S
Kan
dh
la
by
SP
, S
ham
li.
Inq
ues
t p
roce
edin
gs
u/s
174
C
rpc
un
der
tak
en,
PM
an
d v
ide-
og
rap
hy
do
ne.
Fin
al r
epo
rt h
as b
een
file
d o
n
the
FIR
No
. 78
5/17
, 78
6/1
7 an
d
787/
17 o
n t
he
gro
un
d t
hat
Ik
ram
su
ccu
mb
ed t
o h
is i
nju
ries
an
d
the
acco
mp
lice
cal
led
Sh
akee
l co
uld
no
t b
e id
enti
fied
, st
ate-
men
ts o
f re
sid
ents
of
Haj
ipu
r M
oh
alla
say
ing
th
at n
ob
od
y ca
lled
sh
akee
l li
ves
in t
hat
are
a.
45
COUNTERING THE SILENCE
46
CASE MEMORANDUM – SHAMIM S/O FAKRU, R/O VILLAGE SISONA, PS CHAPAR,
DIST – MUZAFFARNAGAR, UP.
Context:
On 30.12.2017, the newspaper reported that Jansath police officials claimed to have killed Shamim, a criminal with an award oh his head in a police encounter. The SWAT Team Muzaffarnagar and Special Cell Delhi Po-lice had information that Shamim alongwith his accomplices are planning to come to Jansath and commit road robbery in a Swift car. It was stated that the criminals fired at the police and the police had to open fire in self defence. An FIR was registered against Shamim mentioning a similar sequence of events. However, family’s narration of the sequence of events before and after the alleged encounter raises serious doubt about the police story.
Following are the major points which calls for an urgent intervention and an independent investigation into this case:
Family Narrative: Unfolding of the incident
Shamim’s father, Fakru states that Shamim had loaned Rs. 1 Lakh to his relative Akram s/o Abban. When Shamim asked Akram to pay his debt, Akram started creating a pressure on Shamim and on one instance had even tried to get Shamim arrested by official of PS Jansath, luckily Shamim was not at home that day. Fakru alleges that Akram was in constant touch with police officers from PS Jansath who would call and insist Akram to get Shamim arrested. Two months before the alleged encounter, Akram was speaking to police officers of PS Jansath, which was heard by Shamim’s sister, Sabiha and other members of the family. The fam-ily thus alleges that Akram in connivance with the police officers of PS Jansath have planned and killed Shamim in an alleged police encounter. How family got to know about the incident:
Family states that they got to know about the alleged encounter on the morning of 31st December, 2017 through the local newspapers. They were not informed about their son’s death by the police. Torture marks on the body: Fakru states that when they received Shamim’s body after the post mortem, it had marks of torture on it. Fur-ther the Post Mortem Report records two bullet injuries, one bullet which entered the body from the back of the head and exited the body from the forehead and the second bullet which entered his body from his right temple and exited at an angle from his left temple. The following fact completly falsifies the police version of the incident according to which the accused was shot while sitting in a car from the front. Legal Recourse taken by the family:
Family states that the police has been pressuring them since the encounter and even asked them to sign on some papers. Due to fear of possible police backlash, and the struggle of survival that the family is undergo-ing, the family has not pursued any legal action against the police officials so far.
Police Version of the alleged encounter as stated in the FIR:
The FIR has been recorded on the statment of SO Anil Kumar Singh, PS Jansath, Muzaffarnagar. As per the FIR, the SWAT Team Muzaffarnagar and Special Cell Delhi Police had information that Shamim alongwith his accomplices are planning to come to Jansath and commit road robbery in a Swift car. A team of police officials comprising of 3 police officials of Jansath PS, led by the SHO; 3 officials of SWAT Team Muzaffarna-gar, and 11 officials of the Special Cell Delhi Police, reached the spot, waiting to stop the criminals. A swift car was spotted, when asked to stop, the driver after stopping the car, started firing at the police, and ran in the opposite direction. Shamim who was sitting on the front seat, next to the driver also fired at the police. Police fired in self defence, Shamim was injured inside the car. Co Ashok Khari got injured in the cross firing, both were taken to CHC Jansath, where Shamim succumbed to his injuries. The other assailant managed to escape.
ANNEXE - 2
COUNTERING THE SILENCE
Investigation by State authorities: 3 FIRs (840/17, 841/17, 842/17) were filed on 31.12.2017 in PS Jansath, Dist - Muzaffarnagar, u/s 307, 414 IPC, Sec 25/27 of Arms Act and Sec 41/102 CrPC against Shamim and another unknown accused person. Post Mortem was conducted and the Post Mortem Report was given to the family members. The Family is not aware of any further investigation done by the police. The family however states that their statements have not been taken by any police officer or any other authority as yet and neither have they received any summons from the Court for a Judicial Inquiry.
Violation of Guidelines laid down by Supreme Court in People’s Union of Civil Liberties vs. State of Maharashtra, (2014)10SCC635 :
Nadeem’s family was not informed by the police about the killing of Nadeem in a police encounter, as is mandated by the above mentioned guideline. Infact as stated above, the family got to know from media reports published the next day about the alleged encounter.
FIR was registered against the victim which is alleged to be false and fabricated as per Nadeem’s family. No FIR/inquiry has been initiated against the policemen involved in the alleged encounter.
The investigation of the case has not been transferred to the CBCID or any other independent investi-gation agency, as mandated by the Supreme Court guideline.
A report of the Magisterial inquiry must mandatorily be sent to a Judicial Magistrate of competent ju-risdiction for inquiry, in all cases of death which occur in the course of police firing. The family has not received any summons from the Court and is thus, not aware if an inquiry by a Judicial Magistrate has been held, as is mandated by the Supreme Court.
Points raising doubts on police version: The following points raise serious doubts about the police version of the encounter:
Marks of torture on Shamim’s body as noticed by his family members falsifies the police version.
It is more interesting to note that the Post Mortem Report records two bullet injuries, one bullet which entered the body from the back of the head and exited the body from the forehead and the second bullet which entered his body from his right temple and exited at an angle from his left temple. The following fact proves that the sequence of events as naraated by the police in the FIR is false. The FIR states that Shamim was sitting on the front seat of his car, next to the drivers seat when he was shot from the front.
The FIR itself points towards many lapses. It is pertinent of note that inspite of the presence of 17 po-lice officials who were present at the spot, the second accused managed to escape on foot, while firing at the police, after stopping the car.
Further, the police state that they together fired 10 gun shots at the accused. The FIR then states that a 9mm pistol used by the accused was recovered from inside the car and some bullet shells fired by the accused. The FIR is silent on the number of bullet shells fired by the accused which was recovered by the police. The FIR further does not make any mention of recovery of bullet shells fired by the police pistols.
Further, the FIR states that a bullet fired by the accused who managed to escape, hit the bullet proof jacket of Co. 1037 Amit. The FIR however, does not state that the bullet proof jacket was seized and parcelled for necessary investigation.
A cursory look at the points mentioned by the family contradict the police version of the alleged encounter and raise a prima facie doubt about the veracity of the claims made by the police. A detailed, fair and impar-tial investigation is therefore required in the present case to bring out the true and correct facts of the alleged encounter.
47
COUNTERING THE SILENCE
48
CASE MEMORANDUM – ASLAM S/O MAUSAM ALI, VILLAGE BUNTA, PS GARHI PUKHTA, DISTRICT SHAMLI, UP.
Context: It was reported in media that Aslam, a dreaded gangster, was killed in a police encounter on 09.12.2017. The police was alerted about the activities of 2 criminals who were roaming in Dadri to commit loot and robbery. As per the news report the police spotted the two criminals and tried to stop them when they accelerated their bike to abscond. It was stated that the criminals fired at the police and the police had to open fire in self defence. An FIR was registered against Aslam and another unknown accused persons mentioning a similar sequence of events. However, family’s narration of the sequence of events before and after the alleged en-counter raises serious doubt about the police story.
Following are the major points which calls for an urgent intervention and an independent investigation into
this case:
Family Narrative: context
Aslam s/o Mausam Ali and Ramzani s/o Shafiq had started residing in Village Boodhiya Chungi, Jagadari, Dis-trict Yamunanagar, in the state of Haryana alongwith their families, working as manual labourers. While Ramzani was released from prison 7 months ago, Aslam had 2-3 cases of loot and theft registered against him. Aslam’s family states that a few days before Aslam was killed, he had gone to visit a lawyer as he wanted to surrender in Court, in the cases that were registered against him. Aslam’s family thus raises the question that when Aslam was intending to surrender before the court, why would he go and commit a crime as alleged in the police story.
Unfolding of the incident as per family narrative:
Israna, Aslam’s wife states that on the morning of 7th December, 2017 some men took away Aslam and Ram-
zani (encountered by the police on 8th December, 2017) on the pretext that they will help them to surrender in
Court in the cases registered against them.
How family got to know about the incident:
Aslam’s family states that Sattar, Aslam’s cousin, received a call from some police official on the night of 9th
December, 2017, asking for details about Aslam, such as the name of his village etc. The policeman however,
did not inform him about Aslam’s killing. Soon, family got the news through the Pradhan (Village Headman)
of the village that Aslam has been killed by Noida police, while Ramzani has been killed by Aligarh police.
The same night, Aslam’s family reached the hospital where post-mortem of his body was conducted, but his
family was not given any receipt or post-mortem report from the hospital. Aslam’s body was given to his fami-
ly at around 4.00 am on 10th December, 2017 and his family was escorted by heavy police personnel vehicles
to their village and the police parties stayed till the body was buried. Aslam’s family have not been provided
with a copy of the FIR registered against Aslam, post mortem report and other documents pertaining to his
death as yet.
Torture marks on the body:
Israna, Aslam’s wife further states that when the body of Aslam was brought home, they realised during the
preparations for the body’s burial that his body had severe torture marks. His back was blue, as a result of
beatings, and his arm and legs were fractured. The family thus questions the police version, stating that the
police had tortured Aslam before killing him.
COUNTERING THE SILENCE
Legal Recourse taken by the family:
On 29th March, 2018 Aslam’s wife Israna has sent a representation to the National Commission on Minorities,
New Delhi narrating the facts leading upto Aslam’s alleged killing in police action. Due to fear of possible po-
lice backlash, and the struggle of survival that the family is undergoing after the death of its primary bread
winner, the family has not pursued any legal action against the police officials.
Investigation by State authorities:
FIR No. 1083/2017 has been filed in Dadri Police Station, District Gautambudh Nagar, against Aslam and an-
other unknown accused for attempt to murder (Section 307 Indian Penal Code (IPC), 1860). On 24.03.2018, a
summon under Section 160 of the Code of Criminal Procedure (CrPC), 1973 was sent to Mausam Ali (Aslam’s
father) directing him to present himself before the Crime Detection Branch, Noida, District Gautambudh Na-
gar for recording of his statement, in the abovementioned FIR. In a reply dated 30.03.2018, sent to the Crime
Detection Branch, Noida, and the Sub Divisional Magistrate (SDM), Tehsil Dadri, by Aslam’s wife, requesting
the officials to get her statement recorded by women police officers at her residence as per available provi-
sions in law, as she is observing Iddat. The letter also states that Aslam’s father is very old and a heart patient
and thus cannot travel to the police station to give his statement. Israna has further stated in the letter, that
her family has not yet been provided the copy of the FIR registered against her husband and the Post Mortem
Report of his body.
Violation of Guidelines laid down by Supreme Court in People’s Union of Civil Liberties vs. State of
Maharashtra, (2014)10SCC635 :
Aslam’s family was not informed by the police about the killing of Aslam in a police encounter, as is mandated by the above mentioned guideline.
FIR was registered against the victim which is alleged to be false and fabricated as per Aslam’s family.
No FIR/inquiry has been initiated against the policemen involved in the alleged encounter.
The investigation of the case has not been transferred to the CBCID or any other independent investi-
gation agency, as mandated by the Supreme Court guideline.
The FIR and Post Mortem Report and other documents pertaining of Aslam’s death have not been
made available to his family as yet, inspite of multiple attempts made by them.
A report of the Magisterial inquiry must mandatorily be sent to a Judicial Magistrate of competent ju-risdiction for inquiry, in all cases of death which occur in the course of police firing. The family has not received any summons from the Court and is thus, not aware if an inquiry by a Judicial Magistrate has been held, as is mandated by the Supreme Court.
Police Version of the alleged encounter as stated in the FIR:
As per reports published in the newspaper pertaining to the alleged police encounter of Aslam, on 9th De-cember, 2017, the police officials of Dadri police station, District Gautambudh Nagar, Uttar Pradesh were alerted of two criminals who were roaming in Dadri to commit loot and robbery. The police had put up barri-cades to apprehend the criminals. As per the report the police spotted the two criminals on their motorcycles and tried to stop them. On being stopped, the criminals accelerated their bike in an attempt to flee from the police. When the police followed the criminals, they started firing at the police officials, who fired back in self defence. The cross firing continued for about 15 minutes, in which, one criminal was injured, and eventually died in the hospital during his treatment. His companion, whose identity could not be ascertained, was suc-cessful in running away during the police action. The injured assailant was identified as Aslam, after the en-counter, during police investigation. Aslam had received 2 bullet injuries, including one in the head. During the cross firing, Inspector Saurav received a bullet injury on his thighs and Constable Vikas was hit on his leg. The police recovered one pistol, one country made pistol and a motorcycle from the scene of crime. The po-lice have also alleged that Aslam was a known criminal who had a reward of Rs. 65000 on him.
A cursory look at the points mentioned by the family contradict the police version of the alleged encounter and raise a prima facie doubt about the veracity of the claims made by the police. A detailed, fair and impar-tial investigation is therefore required in the present case to bring out the true and correct facts of the alleged encounter.
49
COUNTERING THE SILENCE
50
CASE MEMORANDUM – RAMZANI S/O SHAFIQ, R/O VILLAGE BOODHIYA CHUNGI, JAGADARI,
DISTRICT YAMUNANAGAR, HARYANA.
Context:
On 08.12.2017, it was reported in media that Ramzani, was killed in a police encounter by police officials of PS
Akbarabad, Aligarh. However, family’s narration of the sequence of events before and after the alleged en-
counter raises serious doubt about the police story. Following are the major points which calls for an urgent
intervention and an independent investigation into this case:
Family Narrative: Unfolding of the incident
Ramzani’s wife, Salman states that Ramzani alongwith Salma and their children, mother etc and Aslam’s fam-
ily were residing at village Budhiya Chungi, Jagadari, Dist – Yamunanagar, working as manual labourers. On
the morning of 7.12.2017, some men took away Aslam and Ramzani on the pretext that they will help them in
surrendering before the Court in the cases registered against them.
How family got to know about the incident:
In the morning of 9.12.2017, Salma’s brother, Anees received a call from officials of Aligarh Police who stated
that Ramzani was killed in an encounter. Salma states in her testimony that the police must have asked Ram-
zani for her brother’s number while torturing him.
Torture marks on the body:
Salma states that there were marks of torture on Ramzani’s body and his hands and legs were also fractured.
It also seemed to them that he died due to the torture and he was shot after he had died. His clothes did not
have any bullet marks on them.
Legal Recourse taken by the family:
Due to fear of possible police backlash, and the struggle of survival that the family is undergoing, the family
has not pursued any legal action against the police officials so far.
Police Version of the alleged encounter as stated in the FIR:
Police got information about criminals looting a car. They setup barricades to apprehend the criminals. The
Criminals fired gun shots at police and the police fired in self defence. While one criminal was injured and
taken to hospital. He later succumbed to injuries and the other two accused escaped who could not be identi-
fied. A Sub-Inspector also received a bullet injury in the cross firing.
Investigation by State authorities:
An FIR was registered in PS Akrabad, Aligarh against Ramzani. The family did not have any documents/any
other information about the case.
Violation of Guidelines laid down by Supreme Court in People’s Union of Civil Liberties vs. State of
Maharashtra, (2014)10SCC635 :
FIR was registered against the victim which is alleged to be false and fabricated as per Mansoor’s fami-
ly. No FIR/inquiry has been initiated against the policemen involved in the alleged encounter.
The investigation of the case has not been transferred to the CBCID or any other independent investi-
gation agency, as mandated by the Supreme Court guideline.
A report of the Magisterial inquiry must mandatorily be sent to a Judicial Magistrate of competent ju-
risdiction for inquiry, in all cases of death which occur in the course of police firing. The family has not
received any summons from the Court and is thus, not aware if an inquiry by a Judicial Magistrate has
been held, as is mandated by the Supreme Court.
51
COUNTERING THE SILENCE
CASE MEMORANDUM – FURQAN S/O MIR HASSAN, VILL- TITARWARA, P.S.- KAIRANA, DISTT.-
SHAMLI, UP.
Context:
It was reported in media that Furqan, a dreaded gangster, was killed in a police encounter on 22.10.2017. It
was stated that the criminals fired at the police and the police had to open fire in self defence. An FIR was
registered against Furqan and other unknown accused persons mentioning a similar sequence of events.
However, family’s narration of the sequence of events before and after the alleged encounter raises serious
doubt about the police story.
Following are the major points which calls for an urgent intervention and an independent investigation into
this case:
Family Narrative: context
As per the statement of Furqan’s family, on 22.10.2017 at about 4.00 p.m., Furqan had gone to meet his wife
and sons at Akbar Masjid, Pathan Kot, P.S. Baraut, District-Baghpat. When he along with his wife and chil-
dren reached Delhi Bus Stand, Baraut, to meet his brother-in-law Farukh, the following police officers came
and detained Furqan along with Anees s/o Mushtaq (Furqan’s Counsin Brother) and Rahul s/o Ramesh - Sta-
tion House Officer (SHO), P.S. Budhana, District-Muzaffar Nagar, Chaman Singh Chawra; Sub-Inspector (SI)
Soveer Nagar; SI Adesh Tyagi; Constable (Co.) 1368 Harvendra Singh; Co. 398 Waqar; Driver Co. Sushil Tyagi,
all police personnel of P.S. Budhana and SI Majid Ali; Co. 1184 Kalu Ram; Co. 1505 Aditya; SI Yogendra Singh;
Co. Naveen Kumar; Co. Romish Kumar; Co. Atul Tyagi; Co. Vikas Kumar; Co. Vivek Kumar, all members of
Special Task Force (STF), District- Muzaffar Nagar.
Unfolding of the incident as per family narrative:
The three of them were taken in a police jeep. While Anees and Rahul were taken to PS Shahpur, Furqan was
taken to the fields near Badakta Canal Bridge, PS Budhana where Furqan was killed and later on it was shown
as a fake encounter, for which an FIR was filed against Furqan and unknown accused persons on 23.10.2017 in
PS Budhana, District MuzaffarNagar. In the FIR Furqan is shown to be a dreaded gansgter who had an award
of Rs. 50,000 on his head. This is contested by Mir Hassan (Furqan’s father) who states that there was no re-
ward on Furqan’s head prior to the encounter, he was not wanted in any case and that Furqan had been let
out on bail a month before his encounter and he was residing with his wife and children in the past one
month.
How family got to know about the incident:
Some villagers informed Meer Hassan and Akbari (parents of Furqan) about Furqan’s alleged encounter; and
Anees and Rahul also being fired upon by police personnel and shown as being arrested. Thereafter, Furqan’s
father Meer Hasan tried his best to obtain a copy of the documents relating to Furqan’s death as well as the
postmortem report. The Post Mortem Report has not been made available to Meer Hasan till date, almost 6
months after the death of Furqan. Thereafter, Meer Hassan met Anees and Rahul in jail, who narrated the
entire incident. In the meanwhile, other sons Meer Hassan were also being threatened regularly by the ac-
cused police personnels, stating that if Furqan’s family takes any action against the police, they will also be
killed in a similar manner.
Legal Recourse taken by the family and the threats received by them:
Inspite of living under the regular threat of these policemen, Meer Hassan moved applications before various
authorities narrating the facts about the fake encounter in which his son was killed and about the threats be-
COUNTERING THE SILENCE
52
ing extended to him and his other sons by the same police personnel who had murdered Furqan. Meer Has-
san filed applications before S.D.M. Tehsil-Budhana, District Muzaffar Nagar; Director General of Police,
Government of U.P., S.S.P. Muzaffar Nagar, Station House Officer, P.S. Budhana, District-Muzaffar Nagar. On
17.11.2017 a similar application was filed before the Chairman, National Human Right Commission, New Delhi.
No action was taken by the said authorities, and finding no other alternative, Meer Hassan filed an applica-
tion u/s. 156(3) Cr.P.C. before the C.J.M. Muzaffar Nagar, which was registered as Case No.809/11 of 2017 on
19.12.2017, for registration of an FIR against the accused police personnel.
Immediately after filing the application u/s. 156(3) Cr.P.C., the accused police personnel started building pres-
sure upon on Meer Hassan to withdraw the case. On 24.01.2018, Meer Hassan filed a complaint before the
Chairman of National Human Rights Commission, New Delhi, Case No. 3788/24/57/2018, in which he had
stated that Munawwar and Tasawwar (sons of Meer Hassan) who were doing pairvi in the 156(3) application,
were called upon along with Rahul and Anees, who were eyewitness of Furqan’s murder and were threatened
by the police personnels stating that Anees and Rahul, who are currently in jail, will be killed during their
production before the court on remand, by showing that they were trying to escape and Meer Hasan’s other
sons will also meet the same fate. On 15.02.2018, NHRC passed an Order vide which the complaint was sent to
SSP Muzaffar Nagar, to take appropriate action within 8 weeks and to inform the complainant of the action
taken in the matter. Meer Hasan has not received any response from the SSP Muzaffar Nagar as yet.
Further, on 09.01.2017, about 10 months earlier to Furqan’s murder, Meer Hasan had filed another complaint
before the Chairman of Human Rights Commission, New Delhi (Case No. 1262/24/64/2017) stating that he
has received information that his son Tasawwar and son of his brother-in-law, Bilal will be killed in a police
encounter as they were put under illegal custody by police authorities and they were regularly being tortured.
On 20.09.2017, the Commission passed an Order directing the concerned authorities to appear in person on
03.11.2017 to produce the required information/documents pertaining to the case, after multiple reminders
failed to evoke response. Furqan was killed in a fake encounter 12 days before the date on which his father’s
complaint had led to the police authorities being summoned before the NHRC.
On 16.01.2018, CJM Muzaffar Nagar dismissed the application u/s. 156(3) Cr.P.C. filed by Meer Hasan on the
ground that a magisterial inquiry by SDM Budhana is underway and that the documents show that Furqan
was a criminal with 8 cases registered against him. The order was passed in violation of the Guidelines of the
Supreme Court applicable in such cases. A Criminal Revision Petition (C.R. No. 1222/2018) is currently pend-
ing before the High Court of Allahabad against the order passed by the CJM Muzaffar Nagar.
Meer Hasan and his entire family including his relatives, are being regularly threatened by the police person-
nel who were involved in killing his son. Recently, Meer Hassan’s nephew, Intezar, (and Anees’s brother) was
made a tool to harass him. Intezar’s father, Mustaq (Anees’s father) has a house near the house of Meer Ha-
san. Intezar was shown to be involved in FIR No. 2 of 2017, in which a process was said to be issued against
Intezar s/o Mushtaq u/s 82 Cr.P.C. It is relevant to mention that Intezar and his father Mushtaq have not
been residing at the address of village Titarwara. This fact is known to police, but, still when the process was
tried to be served on 30.03.2018, Meer Hasan was forced to receive it. Upon his refusal, the copy of notice u/s.
82 Cr.P.C. was forcefully pasted on Meer Hasan’s door and a drum beat pronouncement was also made in
front of house by the police officials.
Violation of Guidelines laid down by Supreme Court in People’s Union of Civil Liberties vs. State of
Maharashtra, (2014)10SCC635 :
FIR was registered against the victim which is alleged to be false and fabricated as per Furqan’s family.
No FIR/inquiry has been initiated against the policemen involved, inspite of the letters/representations
sent by Mir Hassan to various police, state and national authorities.
The investigation of the case has not been transferred to the CBCID or any other independent investi-
gation agency, as mandated by the Supreme Court guideline.
53
COUNTERING THE SILENCE
The Post Mortem Report and other documents pertaining of Furqan death has not been made available
to his family as yet, inspite of multiple attempts made by them.
A report of the Magisterial inquiry must mandatorily be sent to a Judicial Magistrate of competent ju-
risdiction for inquiry. The same has not been done even 6 months after the killing of Furqan.
Even though Mir Hasan had sent a letter to NHRC apprising them about the partial and malafide role
of the police in investigating the case, there has been no response from NHRC, which is mandated in
cases raising serious doubt about independant and impartial investigation.
Chargesheet under Section 173 CrPC has not yet been filed by the police, 6 months after the incident.
The Guidelines state that if family members of the victim find that the procedure laid down by the
Court has not been followed or there exists a pattern of abuse or lack of independent investigation or
impartiality by any of the functionaries of the State, then it may make a complaint to the Sessions
Judge having territorial jurisdiction over the place of incident. Upon such complaint being made, the
concerned Sessions Judge shall look into the merits of the complaint and address the grievances raised
therein. When the Chief Judicial Magistrate, Muzaffar Nagar was not competent to decide the 156(3)
application filed by Mir Hassan in light of the above guidelines, he should have referred the matter to
the Sessions Judge for proper enquiry and redressal of the grievances. Instead the CJM dismissed the
application of Mir Hasan taking a shallow view of the matter and in violation of the SC guidelines.
Police Version of the alleged encounter as stated in the FIR:
F.I.R. No. 797/2017, 798/2017, 799/2017 and 800/2017 was lodged on 23.10.2017 in PS Budhana, District MuzaffarNagar, u/s. 147,148,149,307, 414 and 411 I.P.C., 1860; Section 41 and 102 CrPC and Section 3, 25, 27 and Section 4/ 25 Arms Act,1959 against Furqan and unknown accused persons.
Police have stated in the FIR that SI Sobir Nagar with other officials were at a check post when 5 persons on 2
motorcycles were seen coming from Barot road, police threw torch light and gesticulate them to stop on
which they fire two shots on police men and ran away. Police followed the criminals in their jeep but the mo-
torcycles disappeared near village Bitawada. In the meanwhile, the STF team who were already in search of
these criminals arrived and accompanied police team. A man informed the police that some criminals were
seen near poultry farm. Police divided themselves into two parties one under supervision of SI Yogendra
Singh and other under SI Sobir Nagar. To seize the criminals police formed a blockade, when they saw 5 crim-
inals with 2 bikes. When police asked them to surrender, 2 criminals ran away on their bike and other 3 ran
into the sugarcane field and started firing on police. At around 22:30 police started firing back and after 15
minutes of firing, police went close and caught them, in which SI Adesh Tyagi and Co. Harvendar got injured.
Meanwhile two criminals fled away and one who got injured fell down in the fields. Co. Kaluram and Co. Ad-
itya confirmed that the injured criminal is Furqan s/o Mir Hassan, a wanted criminal. Later he was sent for
treatment to CHC Budhana.
Points raising doubts on police version: It is interesting to note that even though 4 guns were recovered from the scene of crime which have been
stated to be used by the criminals for firing on the police party, the police were able to recover only 5 bullet
shells of the gun shots fired by the criminals. The FIR states that the firing between the police and criminals
lasted for around 15 minutes, in which the criminals shot at the police indiscriminately. At the same time,
while 20 gun shots were fired by the police on the criminals, recovery was made of only 10 9mm pistols used
by the police officers. The FIR offers no explanation as to why the other bullet shells could not be recovered.
Further, it is stated in the FIR that one bullet fired by the criminals hit the bullet proof jacket of SI Sobir Na-
gar. There is no mention of the bullet proof jacket being seized and parcelled for investigation. The FIR is also
silent about the nature of injuries received by the the two police officers who got injured in the cross firing
and the nature of injuries received by Furqan.
A cursory look at the points mentioned above raise a prima facie doubt about the veracity of the claims made
by the police. A detailed, fair and impartial investigation is therefore required in the present case to bring out
the true and correct facts of the alleged encounter.
COUNTERING THE SILENCE
54
CASE MEMORANDUM – SUMIT KUMAR S/O KARAM CHAND, R/O JAINUDDIN CHIRCHITA, PS
SINGHAWALI AHIR, DIST – BAGHPAT, UP.
Context:
On 03.10.2017, in Uttar Pradesh's Baghpat district, Karam Chand learned that his son, Sumit Kumar, had been
killed in a shootout with the police.The FIR lodged by the police said Sumit and an accomplice had robbed a
bank and escaped. The police, the FIR said, spotted them the next day and Sumit was killed in a shootout that
followed. However, family’s narration of the sequence of events before and after the alleged encounter raises
serious doubt about the police story.
Following are the major points which calls for an urgent intervention and an independent investigation into
this case:
Family Narrative: context
Sumit’s father Karam Chand states that Sumit was a 25 year old boy, living with his parents and helping his
father in farming. He did not have any cases registered against him before the alleged encounter and no re-
ward was declared on him prior to the incident.
Unfolding of the incident as per family narrative:
Karam Chand states that on 30.09.2017 at around 10.00 am, Sumit had gone to Balauni after he got a call from
an unknown number and was called there. Upon reaching Balauni, Sumit was standing at a shop whose own-
er he knew and made a call from the owner’s mobile phone to the unknown number from which he had got a
call. Suddenly, 6-7 people in plain clothes came and abducted Sumit in a car and fled towards Baghpat.
Karam Chand states that Sumit’s adbuction was witnessed by many people standing there. When the family
got to know about Sumit’s kidnapping they went to different police stations, but they got no information
about Sumit. Karam Chand states that he tried to give a complaint to PS. Balauni, Singhwali Ahir and SP
Baghpat, but they did not take his complaint and no investigation was conducted. On 2.10.2017, Baghpat po-
lice told Sumit’s family that Sumit is in police custody and is being questioned regarding FIR No. 394/2017
dated 20.9.2017 registered in PS Ecotech – III, NOIDA. Karam Chand further states that FIR No. 394/17 does
not name Sumit as an accused. (the FIR is registered against unknown persons). When the family members
requested the Bagpat police that they be allowed to meet him, Bagpat police told them that Sumit is not in
their custody, and that he is being questioned by police officials from different teams regarding cases of loot
registered against him. Bagpat police however assured the family that Sumit will be let off by 3.10.2017.
On the night of 2.10.2017, NOIDA police came to Sumit’s house and took away all his identification docu-
ments such as Aadhar Card and Sumit’s mobile phone box. When Sumit’s family tried to ask the NOIDA Po-
lice regarding Sumit’s whereabouts, they threatened the family and stated that they will pick up all the mem-
bers of the family and encounter them in different places.
How family got to know about the incident:
On the morning of 3.10.2017, Karam Chand got to know from his relatives and through newspaper that Sumit
has been declared absconding by the police in a case registered against him and a reward was announced on
him. Karam Chand states that on hearing this news, they suspected that the NOIDA police has taken Sumit
and will kill Sumit in a fake encounter. In the afternoon of 3.10.2017, Praveen, Sumit’s brother faxed complaint
letters to DGP, UP Police, Chief Minister, UP, National Human Rights Commission. A complaint was also
sent to Mr. Luv Kumar, SSP NOIDA, Gautam Budh Nagar, UP, however no investigation was conducted. In
the night of 3.10.2017, Sumit’s family got to know from NOIDA News Channels that Mr. Luv Kumar, SSP
NOIDA, Gautam Budh Nagar has issued a press statment stating that officials of PS Kasna and Bisrakh and
other officials were conducting a joint operation in which Sumit was killed in an encounter and 3 other un-
known accused managed to escape. The news report also stated that Sumit was a gangster who was abscond-
55
COUNTERING THE SILENCE
ing from the police in cases of murder and dacoity and had an award of Rs. 50,000 on his head.
Post Mortem and Torture marks on the body:
Karam Chand also states that after the alleged encounter, the police officials were refusing to give Sumit’s
body to the family members. The family had to protest outside the Mortuary in Sector 94 NOIDA and
stopped the traffic at Mahamaya Flyover. Only then did the police give Sumit’s body to his family. When the
family saw Sumit’s body, it had grave marks of torture on it. His back bone, arms and legs were broken, and
his left eye was was grieviously mutilated. His neck and back had blue injury marks.
As per PM Report he had one bullet injury on left side of his chest, and a bullet was recovered from his chest
cage. There was also an abrasion on his right shoulder blade region, below shoulder line. Sumit’s family has
been given one page of the PM report. They have been meeting and writing to several government/police offi-
cials to get PM report.
Legal Recourse taken by the family:
Sumit’s family wrote a complaint letter to City Magistrate, NOIDA, Gautam Budh Nagar, for initiating inquiry
prooceedings against the police officers involved in killing their son, but they received no response. On
17.10.2017, the family again wrote complaint letters to SP Baghpat, SSP Gautam Budh Nagar, City Magistrate
NOIDA, IG Police, Meerut. Since the family got no response, an application u/s 165(3) was filed before the
CJM, Baghpat on 23.10.2017 for filing an FIR against the police officers.. On 3.11.2017, the application was dis-
missed by the CJM Bagpat, stating that the said application should be filed in District Gautambudh Nagar.
Thereafter an application u/s 156(3) was filed in NOIDA Court, which dismissed and the case is currently
pending in the Allahabad High Court.
The National Human Rights Commission took suo moto cognisance of the matter in case number -
30160/24/30/2017-AD and issued notice to the SSP and District Magistrate, Gautam Budh Nagar to submit
postmortem report, inquest report, findings of the magisterial enquiry report/enquiry by senior officers dis-
closing (a) names and designation of police officials, if found responsible for the death; (b) whether use of
force was justified and action taken was lawful; (c) result of the forensic examination of ‘handwash’ of the
deceased to ascertain the presence of residue of gun powder to justify exercise of right of self-defence; and (d)
report of ballistic expert on examination of the weapons alleged to have been used by the deceased and his
companions. Pursuant to the directions of the Commission, communications were received from S.P.
(Human Rights), Uttar Pradesh and Under Secretary to the Government of U.P. through which copies of FIR
and post mortem report had been forwarded. The SSP and District Magistrate, Gautam Budh Nagar have now
been directed to submit the remaining reports mentioned above.
Pressure on the family, threats and counter cases:
On 02.10.2017, when police had declared Sumit as absconding, his family was asked for Rs. 3,50,000 as bribe
through a mediator if they want the police to release Sumit. After the encounter, police has been meeting
family’s relatives through some mediators in order to get them to compromise on the case. Sumit’s family also
reports that they are being continuously followed and intimidated. Some time after the encounter, Sumit’s
brother Raj Singh and Pravin were implicated in a case false for charges of rape and dacoity. A lady who runs
a canteen in Subharti Hospital/University was the victim and one Ajay Sharma was the complainant. Family
has got a stay on the matter from HC.
Promotion of Police Officers accused of Murder:
Sumit’s family states that Jitender Kumar was among those who encountered Sumit. He has now been pro-
moted from SHO of PS Kasna to DSP Meerut.
COUNTERING THE SILENCE
56
Police Version of the alleged encounter as stated in the FIR:
The FIR states that SHO Jitendra Kumar got to know from an informer that criminals armed with .315 bore
rifle and other arms are roaming around in a Swift Car neat ATS roundabout. The Rifle was reported to be
stolen from PS Ecotech-III. SHO PS Kasna alongwith 6 other police officials all armed with pistols and rifles
and bullets alongwith SHO PS Sector 58, Anil Pratap Singh alongwith 2 police officials also armed and SO PS
Bisrakh Ajay Kumar Sharma, alongwith 5 other police officials all armed reached the ATS Chowk to look for
the criminals. They saw 4 people holding guns were standing near a Swift Car. When the police spotted them,
they fired at the police and ran away in their car. Police chased them in their vehicles. The criminals fired at
the police vehicles, SHO PS Kasna fired one bullet in retaliatory firing which hit the Swift car’s glass and the
car got disbalanced and crashed in the gate of a colony. The criminals got out of the car and started firing at
the police party. Police officers demanded the criminals to surrender, but they instead intensified the firing.
One bullet each fired by the criminals hit the bullet proof jacket of SHO Sector 58 and SO Bisrakh and SI Sat-
ish Kumar got injured with the bullet fired by the criminals. Thereafter, police officials fired 5 bullets at the
criminals. One criminal got injured in the police firing and the 3 others managed to escape. The injured crim-
inal and SI Satish Kumar were sent to District Hospital, Gautambudh Nagar for treatment. The injured crimi-
nal was declared dead by the doctors in the hospital. A wallet was recovered from the criminal’s pocket which
contained his Voter ID Card. The criminal was identified as Sumit s/o Karam Singh. The FIR surther states
that the Forensic team was called to the scene of crime, who secured it with a yellow tape and the forensic
team was directed to visit the District Hospital to take the finger swabs of the accused. The FIR states that the
following items were recovered from the spot from the accused– 1 pistol .32 bore, with 2 live catridges inside
the magazine; 1 rifle 315 bore, with 1 live catridge 315 bore inside the magazine, two mobile phones of the ac-
cused and a Swift Car. The police recovered 4 bullet shells of .32 bore and 4 bullet shells of .315 bore from the
spot which were fired by the accused. The FIR further states that the police were able to recover only 2 out of
the 6 bullets fired by the police, due to bushes around the area where the firing had taken place.
Investigation by State authorities:
FIR No. 861 and 862 was filed against Sumit Gujjar and three other unkonown accused persons u/s 307 IPC
and Sections 25 and 27 of Arms Act 1959 in PS. Kasna Distt Gautam Budh Nagar, on 4.10.2017 at 12.10am on
the statement of SHO Jitendra Kumar, PS. Kasna. Post Mortem was conducted by a panel of two doctors on
4.10.2017. Videography was also done. A Magisterial Inquiry was initiated by SDM, Gautambudh Nagar and
the family had given their written submissions to the SDM.
Violation of Guidelines laid down by Supreme Court in People’s Union of Civil Liberties vs. State of
Maharashtra, (2014)10SCC635 :
Sumit’s family was not informed by the police about the killing of Sumit in a police encounter, as is
mandated by the above mentioned guideline. Infact as stated by the family, from 30.9.2017, the police
officials have deliberately given false information to the family.
FIR was registered against the victim which is alleged to be false and fabricated as per Sumit’s family.
No FIR/inquiry has been initiated against the policemen involved, inspite of the letters/representations
sent by Karam Chand to various police, state and national authorities.
The investigation of the case has not been transferred to the CBCID or any other independent investi-
gation agency, as mandated by the Supreme Court guideline.
The Post Mortem Report has not been made available to his family as yet, inspite of multiple attempts
made by them.
A report of the Magisterial inquiry must mandatorily be sent to a Judicial Magistrate of competent ju-
risdiction for inquiry, in all cases of death which occur in the course of police firing. The same has not
been done even 6 months after the killing of Sumit.
Even though Karam Chand had sent multiple letters to NHRC apprising them about the partial and
malafide role of the police in investigating the case, there has been no response from NHRC, which is
mandated in cases raising serious doubt about independant and impartial investigation. NHRC initiat-
57
COUNTERING THE SILENCE
ed a complaint suo moto based on newspaper reports, however no inquiry has been ordered as yet.
Chargesheet under Section 173 CrPC has not yet been filed by the police, 6 months after the incident.
Guidlines state that no out-of-turn promotion or instant gallantry rewards shall be bestowed on the
concerned officers soon after the occurrence. It must be ensured at all costs that such rewards are giv-
en/recommended only when the gallantry of the concerned officers is established beyond doubt. It is
pertinent to note SHO PS Kasna - Jitender Kumar was promoted on 1.1.2018 to DSP Meerut in clear vio-
lation of the guidelines.
The Guidelines state that if family members of the victim find that the procedure laid down by the
Court has not been followed or there exists a pattern of abuse or lack of independent investigation or
impartiality by any of the functionaries of the State, then it may make a complaint to the Sessions
Judge having territorial jurisdiction over the place of incident. Upon such complaint being made, the
concerned Sessions Judge shall look into the merits of the complaint and address the grievances raised
therein. When the Chief Judicial Magistrate Baghpat or Gautambudh Nagar were not competent to
decide the 156(3) application filed by Karam Chand in light of the above guidelines, they should have
referred the matter to the Sessions Judge for proper enquiry and redressal of the grievances. Instead
the CJM dismissed the application of Kamal Chand taking a shallow view of the matter and in violation
of the SC guidelines.
Points raising doubts on police version:
The following points raise serious doubts about the police version of the encounter:
The family’s testimony falsifies the police version of the story. While the family tried its best to get in-
formation about their son, by writing multiple complaints letters to police authorities, NHRC, state
and district administration, no action has yet been taken.
As per the family’s testimony, the police deliberately gave false information to the family about the
whereabouts of Sumit.
Further, the torture marks seen on Sumit’s body by his family members also raises doubts on the se-
quence of events mentioned by the police.
The events which are mentioned in the FIR seem to be unbelievable. 16 armed police personnels with 3
cars at their disposal, could not arrest 3 criminals who are alleged to have escaped on foot.
It is also unbelievable that 16 armed police personnels who were engaged in a armed confrontation
with 4 armed criminals fired only 6 bullets in their defence, out of which 2 bullets hit one criminal
while the others managed to escape. In contrast, the criminals have been alleged to fire 8 or more bul-
lets.
It is also interesting to note that while the police officials were able to recover 8 bullets fired by the
accused, they managed to recover only 2 of the bullets fired by the police.
The process of identification of Sumit as mentioned in the FIR also raises doubts when seen in light of
the testimony given by Sumit’s father.
The bullet proof jackets which received bullets from the criminals were not seized by the police for
investigation.
A cursory look at the points mentioned by the family contradict the police version of the alleged encounter
and raise a prima facie doubt about the veracity of the claims made by the police. A detailed, fair and impar-
tial investigation is therefore required in the present case to bring out the true and correct facts of the alleged
encounter.
COUNTERING THE SILENCE
58
CASE MEMORANDUM – MANSOOR S/O AKBAR, VILLAGE PATHANPURA, JASMOUR NO. 3, PS BEHAT, DISTRICT SAHARANPUR, UP.
Context:
On 27.09.2017, it was reported in media that Mansoor, was killed in a police encounter, while his accomplice was successful in escaping from the police. It was stated that the criminals fired at the police and the police had to open fire in self defence. An FIR was registered against unknown accused persons mentioning a similar sequence of events. The police later identified the arrested accused as Mansoor S/O Akbar. However, family’s narration of the sequence of events before and after the alleged encounter raises serious doubt about the po-lice story.
Following are the major points which calls for an urgent intervention and an independent investigation into this case:
Family Narrative: context
Mansoor belonged to a destitute family of Pathanpura Jasmor PS Behet, Saharanpur, Uttar Pradesh. In his youth he would undertake odd jobs such as daily agricultural labour, electric appliances repair, etc. Poor, un-educated, without regular employment, yet a man of health and strong temperament, Mansoor was a perfect proxy (informer) for the state police to put to various uses such as intelligence gathering, extortion, extra ju-dicial violence, robbery, dacoity, murders. In 2006-2007 Mansoor was forced by the local police men namely Prashant Kapil (SHO PS Sadar Bazar) and Rashid Ali (SHO PS Lisadigate) among others to act as their proxy in their area. He was granted impunity for waylaying, robbery , dacoity, etc and was provided the proceeds of the crime which was shared between these policemen and Mansoor on an 80:20 ratio. This was not an agree-ment Mansoor could have simply refused to enter as refusal would have lead to threats, violence, custody without charge, torture, framing of false charges, even murder by way of false encounter of Mansoor by the police. Such extreme police coercion and perhaps the abject poverty made Mansoor a petty criminal generat-ing money for the police. Mansoor was arrested for a crime in 2013 and he spent 3 years in Saharanpur Jail. Mansoor’s family alleges that his mental health condition deteriorated during his time in jail as he was elec-trocuted and tortured in prison. After his release in 2015, he became totally dependent on his family. He was undergoing treatment by local physicians and was not able to eat, drink, take bath or be aware of his wherea-bouts. Villagers would often bring him home in the evening, from the village area where he would roam una-ware. Unfolding of the incident as per family narrative:
Mansoor’s mother, Javeda states that on 26th September 2017, around 12 noon, Prashant Kapil (SHO, PS Sadar Bazar, Meerut) and Rashid Ali (SHO, PS Lisargate) visited Mansoor’s house. Javeda, who knew them for past 10-12 years since they were posted in Saharanpur previously, called Mansoor from the village forest on their insistence. After spending some time with Mansoor, they declared they wanted to take Mansoor with them for a while and would return by evening. Being old acquaintances of Mansoor, family expected no foul play. However it was evident that Mansoor did not want to go with them and the two policemen forced him inside their vehicle, in which two other policemen were already sitting.
How family got to know about the incident:
Next day, 27th September 2017, at around 3.00 am, local police official from PS Behat visited their house and asked Mansoor’s father to sign on some papers. They did not inform them about Mansoor’s killing and just stated that those were warrant papers on Mansoor’s name. Few hours later, early morning, villagers informed the family that the media is reporting about Mansoor’s killing in an encounter. The family went to Meerut Medical College in the afternoon, where Mansoor’s post mortem was conducted. It is interesting to note that the General Diary No. 5 recorded at 2.30 am on 27/9/2017 at PS Medical, Meerut states that at 2.30 am SHO Prashant Kapil. PS. Sadar Bazaar, Meerut informed the P.S. Medical Meerut that the accused killed in the police encounter has been identified as Mansoor s/o Akbar R/o village Pathanpura, PS Behat, Dist Saharanpur, by Co. Jayvardhan, Crime Branch Meerut. The GD further states that at 2.30 am SHO Prashant Kapil informed the SHO of PS Behat Dist. Saharanpur, in a telephonic conversation, about the details of the encounter and the identity of the deceased accused and Co. 1049 Vinod Kumar was sent to give
COUNTERING THE SILENCE
information about the incident and for necessary investigation. Thus, at 2.30 am the police officials of PS Behat were aware about the details of the encounter, and the identity of the deceased accused. Thus, the po-lice officials of PS Behat deliberately hid the fact that Mansoor was killed in an encounter and intentionally did not provide complete details about the encounter to the family which is not only violative of the guide-lines laid down by the Apex Court but also points towards police complicity. Bullet wounds on the body: Javeda, Mansoor’s mother further states that when Mansoor’s body was brought home, they noticed that his body had one bullet wound on the left side of his chest, with marks of tatooing around it. The Post Mortem Report also states the same. This indicates that Mansoor was shot from a close range straight on his chest which led to his immediate death. Legal Recourse taken by the family:
On 26th April, 2018 Mansoor’s mother, Javeda has sent a representation to the National Commission on Mi-norities, New Delhi narrating the facts leading upto Mansoor’s alleged killing in police action. The letter fur-ther states that the family has got to know that a closure report has been filed by the police in the case. It also states that no statements have been recorded of Mansoor’s family either by the police or by any Magistrate. Due to fear of possible police backlash, and the struggle of survival that the family is undergoing, the family has not pursued any legal action against the police officials so far.
Investigation by State authorities: The SHO of PS Sadar Bazaar, Prashant Kapil filed FIR No. 489/17 dated 27/9/17 in PS Sadar Bazar, District Meerut under section 307 (attempt to murder) of the Indian Penal Code 1860, against unknown accused per-sons. Another FIR No. 490/17 dated 27/9/17 was filed by PS Sadar Bazar, District Meerut under Section 25 and 27 (use and possession of arms or ammunition) of Arms Act 1959, against unknown accused person. The ac-cused killed in the police encounter was later identified as Mansoor s/o Akbar R/o village Pathanpura, PS Behat, Dist Saharanpur, by Co. Jayvardhan, Crime Branch Meerut. Inquest Report was prepared by Santosh Kumar, Tehsildar, Sadar, Dist Meerut. Post Mortem was conducted at Meerut Medical College and the same was videographed. On 10th October 2017, the investigation of the case was transferred to Crime Branch, Mee-rut by SSP Meerut. On 3.12.2017 a final report was submitted u/s 173 CrPC to CJM, Meerut for FIR Nos. 489/2017 and 490/2017 on the ground that the accused in the FIRs died on his way to the hospital. The GD enteries attached with the Final Report state that the identity of the accused who escaped the encounger could not be ascertained by the informers relied upon by the police. A Letter dated 9.12.2017 from the com-plainant Prashant Kapil, SHO, P.S. Sada Bazaar to the CJM, Meerut states that he has no objection to the Fi-nal Report submitted by the police in the abovementioned cases.
Violation of Guidelines laid down by Supreme Court in People’s Union of Civil Liberties vs. State of Maharashtra, (2014)10SCC635 :
Mansoor’s family was not informed by the police about the killing of Mansoor in a police encounter, as is mandated by the above mentioned guideline. Infact as stated above, the police deliberately gave false infor-mation to the family.
FIR was registered against the victim which is alleged to be false and fabricated as per Mansoor’s family. No FIR/inquiry has been initiated against the policemen involved in the alleged encounter.
The investigation of the case has not been transferred to the CBCID or any other independent investiga-tion agency, as mandated by the Supreme Court guideline.
A report of the Magisterial inquiry must mandatorily be sent to a Judicial Magistrate of competent jurisdic-tion for inquiry, in all cases of death which occur in the course of police firing. The family has not received any summons from the Court and is thus, not aware if an inquiry by a Judicial Magistrate has been held, as is mandated by the Supreme Court.
Instead a Final Closure Report u/s 173 CrPC was submitted by the police which was accepted by the CJM, Meerut. The CJM instead of accepting the final report submitted by the police, should have instituted an inquiry into the manner and cause of death as is mandated in the abovestated guidelines.
Forensic examination of the weapons seized, bullet shells recovered, blood stained earth etc have not been conducted.
Police Version of the alleged encounter as stated in the FIR:
As per the police story, Mansoor was killed during an ‘encounter’ on 27th September, 2017, an hour after mid-
59
COUNTERING THE SILENCE
60
night, by the Meerut Police. PS Sadar Bazar, Meerut filed FIR 489/17 and 490/17 against unknown person, who was later identified as Mansoor. As per the police complaint, information was received by SHO Prashant Kapil, PS Sadar Bazar, that three criminals on a bike have looted a WagonR car. The Police states that they spotted the car and tried to stop the WagonR car, which was now being driven by the two criminals. On be-ing asked to stop, the criminals tried to speed away in the car, which was followed by SHO Prashant Kapil and his team of 4 constables. He also called for reinforcements and the SHO Rashid Ali of Lisadigate Police Station, also reached the spot with his team. Near Gandhi Bagh Gate No. 2, the car was surrounded by police from both sides. On finding themselves being trapped, the two criminals got out of the car and started firing at the police officials. The police officials also fired in self defence, due to which one of the criminals was in-jured and he fell near the car. The other criminal managed to escape by firing at the police officials and climb-ing over the wall of Gandhi Bagh. The injured criminal, was sent to the Medical College, Meerut for treat-ment.
Points raising doubts on police version: The following points raise serious doubts about the police version of the encounter:
The fact that four policemen forcibly took away Mansoor from his house a day before his killing in an encounter, falsifies the police narrative.
Javeda, Mansoor’s mother further states that both SHO Prashant Kapil and SHO Rashid Ali were aware about Mansoor’s ill health and thus he was a soft target for them.
On 27.9.2017, at 2.30 am, the police officials of PS Behat were aware about the details of the encounter, and the identity of the deceased accused. Even though they visited the family at 3.00 am, they didnot inform the family about the encounter, but also provided false information to them, thus raising doubts about the police trying to cover up the alleged incident.
The police managed to recover only 3 bullet shells fired by the accused in the incident and only one bullet shell fired by the police. The FIR offers no explanation as to why the other bullet shells could not be recovered. It is also interesting to note that in the entire incident of encounter, the police fired only 3 bullets, out of which 1 bullet hit the accused straight in his chest which led to his death.
The FIR also states that the second accused managed to escape by firing at the police and climbing the wall of the Gandhi Bagh where the encounter had taken place. It is interesting to note that 13 armed police personnels who had surrounded 2 accused, were not able to apprehend/injure the second ac-cused even though it is stated that he climbed over the wall to escape the police.
Further, it is stated in the FIR that one bullet fired by the criminals hit the bullet proof jacket of SHO Rashid Ali, P.S. Lasadigate. There is no mention of the bullet proof jacket being seized and parcelled for investigation.
A cursory look at the points mentioned by the family contradict the police version of the alleged encounter and raise a prima facie doubt about the veracity of the claims made by the police. A detailed, fair and impar-tial investigation is therefore required in the present case to bring out the true and correct facts of the alleged encounter.
61
COUNTERING THE SILENCE
CASE MEMORANDUM – SHAMSHAD S/O SHAHID R/O VILLAGE SHERPUR, KHANAJADPUR, DIST –
SAHARANPUR, UP.
Context:
On 11.09.2017, it was reported that the police officials of PS Sadar Bazaar had killed a criminal, later identified
as Shamshaad in a police encounter, while his accomplice was successful in escaping from the police. It was
stated that the criminals fired at the police and the police had to open fire in self defence. An FIR was regis-
tered against Shamshaad mentioning a similar sequence of events. However, family’s narration of the se-
quence of events before and after the alleged encounter raises serious doubt about the police story.
Following are the major points which calls for an urgent intervention and an independent investigation into
this case:
Family Narrative: Unfolding of the incident
Saliha, Shamshaad’s wife states that Shamshad was imprisoned in Deoband jail for past year and a half. On 7th
September, 2017, Shaamshad’s wife came to know that the police are saying that Shadshaad had been brought
to Vikas Nagar from Deoband jail for a hearing, and on the way back to Deoband he escaped, along with an
accomplice. She states that on 11th September, 2017 she heard that Shamshaad was killed in an encounter by
officials of PS Sadar Bazaar. Saliha further alleges that the police officials had infact concocted the story of
Shamshaad running away from jail. The police officers had illegally kidnapped Shamshaad on his way back,
tortured and then killed him. Later on 11th September, 2017 the police showed that Shamshaad had been killed
in an encounter.
Torture marks on the body:
Saliha states that when they received the body after post mortem they noticed marks of beatings on his neck
and other body parts. She further states that it looked like the body was 2-3 days old since it was bloated. She
further states that the bullet wounds were surrounded by blackening of skin, indicating that he was shot at
from a close range.
It is important to note that in the FIR the time of occurrence of the event is stated as 11.09.2017 at 1.30 am. The
Post Mortem Report records the time of the post mortem as 4.55 PM on 11.9.2017. The Post Mortem Report
however, very clearly states that the body sent for post mortem looks 1-4 days old. This raises a question on
the sequence of events stated by the police and proves the allegations made by Saliha in her testimony. Fur-
ther, the post mortem also records that the 7Th, 8th and 9th rib on left side was fractured. The PMR states the
following bullet wounds – 3 bullets on the front left side of the chest, one bullet on right knee joint.
Legal Recourse taken by the family:
Saliha further states that the day Shamshaad was shown as being absconding, police officers came to their
house and took all Shamshaad’s three brothers with them. Saliha had sent written complaints to National
Human Rights Commission, State Human Rights Commission and the National Commission For Minorities,
but she did not receive any reply. Due to fear of possible police backlash, and the struggle of survival that the
family is undergoing, the family has not pursued any legal action against the police officials so far.
Police Version of the alleged encounter as stated in the FIR:
The FIR is filed on the statement of SO Yajdat Sharma, PS Sadar Bazaar, Dist – Saharanpur. The FIR states
that the SHO, Nanota had informed the control room that two criminals on a motorcycle, ran away firing at
the police at Deoband Phatak during police checking. The criminals were being chased by him alongwith 3
police officers armed with guns and AK-47 in a police car. While SO Yajdat Sharma alongwith 5 police offic-
COUNTERING THE SILENCE
62
ers, all armed with pistols, AK-47 and with 70 bullets, was stationed at a police check post near Hasanpur
Chungi. SHO Nanota also reached Hasanpur Chungi and informed SO Yajdat about his chase with the crimi-
nals. SHO Nanota had also informed the SWAT team regarding the same who reached Hasanpur Chungi
alongwith 8 police officers of the SWAT Team, all armed with pistols, AK-47 and 80 bullets. Another police
team of Intelligence Wing, comprising of 6 police officers armed with pistols and 40 bullets were sent to
Khalasi Line area to look for the criminals. While SO Jajdat Sharma and SHO Nanota alongwith 8 other offic-
ers were continuing their search at Hasanpur Chungi, they saw the two accused on the motorcycle approach
the police barricade. On seeing the police, the accused tried to run away and were followed by the police
officers. The accused fired bullet shots at the police team while trying to run away. The two other police
teams, (SWAT Team and Intelligence Wing) were already informed and were waiting in position to surround
the accused. Subsequently, the accused on seeing the other police teams turned their bike to escape, their
motorcycle slipped on the road and the criminals fell down. They started firing on the police parties. The po-
lice fired back in self defence. Thereafter one criminal got injured due to the bullets fired by the police, while
the other managed to escape. The police recovered one .32 bore pistol with 2 live catridges and one .9mm
pistol left behind by the criminal who managed to escape. A bike was also recovered by the police. It is stated
in the FIR that SI Arun Pawar and Co. Arun Rana were injured in the police firing in their hand, while 4 po-
lice officers received bullets on their bullet proof jackets. The injured accused was identified as Shamshaad by
two police officers who claimed to be present when he had managed to escape from police custody while be-
ing brought back from a court hearing. It is also stated in the FIR that the police officers fired 25 bullets at the
criminals. Shamshaad and the injured officers were sent to District Hospital, Saharanpur for treatment.
Investigation by State authorities:
An FIR bearing No. 433 dated 11.9.2017 was filed in PS Sadar Bazaar against Shamshad and another unknown
accused person, u/s 307 IPC and Section 41, 102 CrPC. An Inspector level officer from PS Janakpuri was made
the Investigating Officer in the case. Post Mortem was conducted and the same was videographed. The family
is not aware of any further investigation carried out by the police.
Violation of Guidelines laid down by Supreme Court in People’s Union of Civil Liberties vs. State of
Maharashtra, (2014)10SCC635 :
Shamshaad’s family was not informed by the police about the killing of Shamshaad in a police encoun-
ter, as is mandated by the above mentioned guideline.
FIR was registered against the victim which is alleged to be false and fabricated as per the testimony of
Shamshaad’s wife. No FIR/inquiry has been initiated against the policemen involved in the alleged en-
counter.
The investigation of the case has not been transferred to the CBCID or any other independent investi-
gation agency, as mandated by the Supreme Court guideline.
A report of the Magisterial inquiry must mandatorily be sent to a Judicial Magistrate of competent ju-
risdiction for inquiry, in all cases of death which occur in the course of police firing. The family has not
received any summons from the Court and is thus, not aware if an inquiry by a Judicial Magistrate has
been held, as is mandated by the Supreme Court.
Points raising doubts on police version:
The following points raise serious doubts about the police version of the encounter:
As per the FIR, the Post Mortem was conducted Even though the FIR and the Post Mortem was con-
ducted on the same day, within a span of 15 hours, the Post Mortem Report however, very clearly states
that the body sent for post mortem looks 1-4 days old. This raises a question on the sequence of events
stated by the police and proves the allegations made by Saliha in her testimony that her husband
Shamshaad was actually illegally kidnapped by the police on 7th September and on 11th September, the
police made up the alleged story of an encounter.
Even though the FIR records the presence of 24 police officials from 3 departments, armed with pistols,
AK-47s and 190 bullets, they were not able to arrest the second accused who allegedly ran away on foot,
leaving their bike and his gun after an incident.
COUNTERING THE SILENCE
Further, the FIR states that the police recovered 18 bullet shells from the spot. The FIR doesnot men-
tion the details about the bullets recovered and is also silent about who these bullets belong to, the
accused or the police parties. The FIR also states that the police party alone had fired 25 rounds.
The FIR is also silent about the injuries received by Shamshaad or the number of bullets that wounded
him.
Further, the PM Report indicates that Shamshaad was hit by 4 bullets fired by the police, out of the 25
rounds of firing done by the police as stated in the FIR.
A cursory look at the points mentioned by the family contradict the police version of the alleged encounter
and raise a prima facie doubt about the veracity of the claims made by the police. A detailed, fair and impar-
tial investigation is therefore required in the present case to bring out the true and correct facts of the alleged
encounter.
63
COUNTERING THE SILENCE
64
CASE MEMORANDUM – NADEEM (S/O LATE IRSHAD), R/O VILLAGE BAGHOWALI, NAI MANDI, MUZAFFARNAGAR, UP.
Context:
On 09.09.2017, it was reported in media that Nadeem, who had fled from police custody and as a result of which an award of Rs.15000 was announced on him, was encountered by the police near Jatwada Gangnahar flyover on 8th Septemeber. Within three days of fleeing custody, the police was reported of his activities near Jatwada Gangnahar flyover. Upon reaching the spot, police and the victim both started firing and the victim fell on the ground. He was declared dead upon reaching the hospital. However, family’s narration of the se-quence of events before and after the alleged encounter raises serious doubt about the police story.
Following are the major points which calls for an urgent intervention and an independent investigation into
this case:
Family Narrative: context
Family testimony of Nadeem’s uncle, Mohd. Isha Ali, attests to an altercation between Nadeem and a local jewellery shop owner. He states that Nadeem was unhappy with a ring purchased from the jewellery shop and demanded a refund or exchange. The shop owner was intimidated by Nadeem’s aggressive overtures follow-ing which he approached the police and filed a case of theft against Nadeem. The family states that the police, saw this as an opportunity to extort a huge sum from Nadeem, demanding a sum of Rs. 6 Lakhs to suppress the FIR. Nadeem a man of meagre earnings refused to pay the bribe to the police officials. The police was fur-ther emboldened when it found that the complainant was unwilling to pursue the FIR and had instead agreed to settle the matter with Nadeem as the case involved a minor issue of a ring.
Unfolding of the incident as per family narrative:
Mohd. Esha Ali, Nadeem’s uncle further claims that Nadeem was picked up by the police officials of PS Nai Mandi on 5th September 2017, from their village, in a false case of theft and was kept in police custody and tortured. On 6.9.2017, Mohd. Isha Ali, Mujmil, Village Pradhan along with other members of the family went to PS. Nai Mandi. In the police station, the officials showed the family that Nadeem was detained in the police station but refused to give them any documents pertaining to his detention or arrest. The family members waited outside the police station till evening and then returned back home. Thereafter, the family members got to know that the police is saying that Nadeem escaped from police custody on 06.09.2017 by throwing chillies at the police officers. When the family members got to know about this, they feared that Nadeem will be made a victim of police encounters. They immediately sent a letter through fax addressed to the National Human Rights Commission, district police officials and other authorities mentioning the illegal detention of Nadeem and that they now fear for his life.
How family got to know about the incident:
The family members got to know on 8th September, 2017 that Nadeem has been killed in a police encounter.
Mohd. Isha Ali states that their worst fears came alive, and that police officials of PS Nai Mandi had handed
over Nadeem to officials of PS Kakroli to murder him.
Torture marks on the body:
When Nadeem’s body was handed over to his family after the post mortem, they saw that his body was cov-
ered with marks of beating and torture. The bones of his arms, legs, spinal cord and neck had all been broken
due to brutal beatings. The only visible bullet wound was a clean shot in the forehead. The family however,
have not been given a copy of the Post Mortem Report of Nadeem.
Legal Recourse taken by the family:
Nadeem’s uncle further states that after the alleged encounter, the police officials regularly come to their
house and threaten Nadeem’s mother, Samar Jahan, that she will be killed and murdered in a similar manner
COUNTERING THE SILENCE
if they take any action. Due to fear of possible police backlash, and the struggle of survival that the family is
undergoing, the family has not pursued any legal action against the police officials so far.
Police Version of the alleged encounter as stated in the FIR:
The First Information Report (FIR) filed by the police states that Nadeem was injured in police firing on 8th
September, 2017 and he later succumbed to his injuries. The FIR states that Station Officer (SO), P.S. Kakroli
Anil Kumar Singh got the information around 8:30 pm that on Sambhalheda – Jatwada road a motorcyclist,
who have tried to loot other motorcyclists, are on a pulsar bike and are coming towards Jatwada. The SO with
other officials were standing near a chowk heading towards sambhalheda, when a motorcycle was seen com-
ing from Sambhalheda. The Police officials gesticulated them to stop with the torch light, after which motor-
cyclist turned the bike toward north and the motorcycle slipped. When the police officials tried to go towards
them both the persons on the motorcycle stood up and started firing on the police officials in which Sub In-
spector (SI) Vijay Kr Tyagi got hit by a bullet in his arm. Seeing the situation the SO gave orders for firing.
One of the two assailants got injured and the other managed to escape. Both, injured person and injured SI
were sent to govt. hospital janseth for treatment, where the assailant succumbed to his injuries. Later through
whatsapp and newspaper the accused was identified as Nadim s/o Irshad r/o Bagowali, Nai Mandi , Muz-
zafarnagar Uttar Pradesh.
Investigation by State authorities:
Three FIRs (FIR No. 0396/17, FIR No. 0397/17, FIR No. 0398/17) related to the incident have been filed against
Nadeem and an unknown accused dated 8/09/2017 filed in Kakroli Police Station, District Muzaffarnagar for
attempt to murder (Section 307, Indian Penal Code (IPC), 1860 ), possession of arms and ammunition
(Section 25(3) of Arms Act 1959), assisting in concealment of stolen property (Section 414 of IPC, 1860) stating
that Nadeem was injured due to police firing and captured, while the other accomplice escaped. A post mor-
tem was conducted by the police officials. Nadeem’s family is not aware of any further investigation being
carried out by the police. Further, the family has not been given the Post Mortem Report by the police offi-
cials as yet.
Violation of Guidelines laid down by Supreme Court in People’s Union of Civil Liberties vs. State of
Maharashtra, (2014)10SCC635 :
FIR was registered against the victim which is alleged to be false and fabricated as per Mansoor’s fami-
ly. No FIR/inquiry has been initiated against the policemen involved in the alleged encounter.
The investigation of the case has not been transferred to the CBCID or any other independent investi-
gation agency, as mandated by the Supreme Court guideline.
A report of the Magisterial inquiry must mandatorily be sent to a Judicial Magistrate of competent ju-risdiction for inquiry, in all cases of death which occur in the course of police firing. The family has not received any summons from the Court and is thus, not aware if an inquiry by a Judicial Magistrate has been held, as is mandated by the Supreme Court.
Points raising doubts on police version:
The following points raise serious doubts about the police version of the encounter:
The entire sequence of events stated by the police is falsified on the basis of testimony of Nadeem’s
family. It is pertinent to note that Nadeem was illegally detained in PS Nai Mandi, and was thereafter
shown to have fled police custody, on the same day on which Nadeem’s family visited PS Nai Mandi
and saw Nadeem in police custody. Further, Nadeem’s uncle also states that he alongwith other people
were standing outside the police station till evening, waiting for the police officers to release Nadeem.
The marks of beatings on Nadeem’s body and fractured limbs and spinal cord, as noticed by his family,
are a testimony of torture before Nadeem was killed. This further raises questions on the the sequence
of events mentioned in the FIR.
The FIR is vague. It does not mention important aspects such as the injuries sustained by the accused,
the number of shots fired by the police officials alongwith the type of weapon used .
A cursory look at the points mentioned by the family contradict the police version of the alleged encounter
and raise a prima facie doubt about the veracity of the claims made by the police. A detailed, fair and impar-
tial investigation is therefore required in the present case to bring out the true and correct facts of the alleged
encounter. 65
COUNTERING THE SILENCE
66
CASE MEMORANDUM – IKRAM S/O MUNSHI, R/O 13/279 NEAR GURUDWARA PATTI ME-HAR, BADOT, BAGHPAT, UP.
Context:
It was reported in the media, that on 12th August 2017, two people were trying to abscond after looting a bike. The police chased the criminals, who opened fire on the police. Police fired in self defence Ikram was injured and was taken to Meerut Medical College where he was declared dead. Police retrieved looted bike, 8700 ru-pees, gold ring and watch pistols and catridges from the place where the incident took place and also in-formed that 13 cases were registered against the deadred criminal. An FIR was registed on the same sequence of events. However, the family’s narration of the sequence of events before and after the alleged encounter raises serious doubt about the police story. Following are the major points which calls for an urgent intervention and an independent investigation into this case:
Family Narrative - Unfolding of the incident:
Hanifa, Ikram’s wife states that on 10th August, 2017, at around 12.30 pm, Shakeel s/o Munsab and Sunil along with 5-6 other men came to her house and inquired about Ikram’s whereabouts. They were informed by Hani-fa that Ikram had gone to Aastha Hospital, Badot. Hanifa further states that the men left her house and went to Aastha Hospital, Badot and called Ikram out of the hospital. Ikram was accompanied by his younger son Sajid who was sent back inside the hospital and thereafter Ikram was assaulted and taken away in a car.
How family got to know about the incident:
Ikram’s family looked for him the entire night, but he could not be found. On the morning of 11th August 2017, Hanifa was informed by her relatives that Ikram was killed in a police encounter by officials of PS Kairana. She further states that the police officials did not inform her family about Ikram’s death. Infact they were told about the encounter only when Ikram’s minor sons went to PS Kairana to inquire about their father. When Ikram’s body was returned to the family, the police officials threatened them saying that if the family takes any legal action, Ikram’s wife will also be killed in a similar manner and false cases will be registered against her minor sons.
Torture marks on the body: When the family looked at Ikram’s body they noticed severe marks of torture. There was a huge injury wound on the back of the head and other marks of assault on his waist, neck and other parts of the body. Further his arms and ribs were fractured. The post mortem report also corroborates the statement given by Hanifa. As per the PM Report, Ikram had 5 bullet wounds on his right knee, right thigh, right foot, left knee, left foot and 3 fractures on his right leg. Fur-ther, blackening marks found around the gunshot wounds indicate close range fire.
Legal Recourse taken by the family:
On 24th April, 2018 Ikram’s wife Hanifa has sent a representation to the National Commission on Minorities, New Delhi narrating the facts leading upto Ikram’s alleged killing in police action. Due to fear of possible po-lice backlash, and the struggle of survival that the family is undergoing, the family has not pursued any legal action against the police officials so far.
Police Version of the alleged encounter as stated in the FIR:
The complaint describes how an information was received by police that two criminals have looted a bike, Rs 8,700, a gold chain and a gold ring. When they were apprehended by police on the way, their bike slipped, they fired upon the police and police also fired back. According to the FIR report the police had Ikram sur-rounded from all sides between 11:30 and 12:00 a.m during which Ikram kept firing indiscriminately at the po-lice team. Ikram was hit by the police firing, and thereafter captured by police while his accomplice escaped. The injured criminal identified himself as Ikram, and was taken to CHC, Kairana where he succumbed to inju-ries. Ikram also stated that the name of his accomplice was Shakil s/o Munsab. Weapon, money and jewellery shown as recovery from the accused. Co. Ankush Godara & Co. Raghu Raj Singh were injured by the bullets fired by the accused. Both the police officers were also sent to CHC, Kairana for treatment. As per the FIR, 15 police officials of PS Kairana, PS Kotwali and officials of SWAT Team involved in the police action.
COUNTERING THE SILENCE
Investigation by State authorities:
3 FIRs bearing No. 785/2017, 786/2017, 787/2017 were filed in PS Kairana, Shamli District dated 11.8.2017 u/s 307 IPC and Section 25 Arms Act against Ikram & Shakeel s/o Munsab. Investigation of the 3 FIRs was trans-ferred to SHO Umesh Roriya, PS Kandhla by SP, Shamli. Inquest proceedings u/s 174 Crpc were undertaken and a post mortem was conducted and the process was videographed. Final report has been filed on the FIR No. 785/17, 786/17 and 787/17 on the ground that Ikram succumbed to his injuries and the accomplice called Shakeel could not be identified. The IO has taken statements of residents of Hajipur Mohalla saying that no-body called shakeel lives in that area. Violation of Guidelines laid down by Supreme Court in People’s Union of Civil Liberties vs. State of Maharashtra, (2014)10SCC635 :
Ikram’s family was not informed by the police about the killing of Ikram in a police encounter, as is mandated by the above mentioned guideline. Infact they were told about the encounter only when Ikram’s minor sons went to PS Kairana to inquire about their father. When Ikram’s body was returned to the family, the police officials threatened them saying that if the family takes any legal action, Ikram’s wife will also be killed in a similar manner and false cases will be registered against her minor sons.
FIR was registered against the victim which is alleged to be false and fabricated as per Ikram’s family. No FIR/inquiry has been initiated against the policemen involved in the alleged encounter.
The investigation of the case has not been transferred to the CBCID or any other independent investi-gation agency, as mandated by the Supreme Court guideline.
A report of the Magisterial inquiry must mandatorily be sent to a Judicial Magistrate of competent ju-risdiction for inquiry, in all cases of death which occur in the course of police firing. The family has not received any summons from the Court and is thus, not aware if an inquiry by a Judicial Magistrate has been held, as is mandated by the Supreme Court.
Instead a Final Closure Report u/s 173 CrPC was submitted by the police which was accepted by the CJM, Shamli. The CJM instead of accepting the final report submitted by the police, should have insti-tuted an inquiry into the manner and cause of death as is mandated in the abovestated guidelines.
Forensic examination of the weapons seized, bullet shells recovered, blood stained earth etc have not been conducted.
Points raising doubts on police version:
The fact that Ikram’s wife states that a day before his encounter, Shakeel s/o Munsab (named as Ikram’s accomplice who escaped) and Sunil along with 5-6 other men came to her house and inquired about Ikram’s whereabouts and his minor son Sajid being a witness to Shakeel meeting Ikram minutes before he was kidnapped, falsifies the police narrative.
The role of police in the entire incident as stated by Ikram’s wife raises questions on their implicity. The police officials did not inform Ikram’s family about his death and infact they were told about the encounter only when Ikram’s minor sons went to PS Kairana to inquire about their father. When Ikram’s body was returned to the family, the police officials threatened them saying that if the family takes any legal action, Ikram’s wife will also be killed in a similar manner and false cases will be regis-tered against her minor sons.
It is interesting to note that 16 armed police personnels were not able to apprehend the second accused who managed to escape on foot.
The details of injuries received by the police officers is not mentioned in the FIR.
A cursory look at the points mentioned by the family contradict the police version of the alleged encounter and raise a prima facie doubt about the veracity of the claims made by the police. A detailed, fair and impar-tial investigation is therefore required in the present case to bring out the true and correct facts of the alleged encounter.
67
COUNTERING THE SILENCE
68
ANNEXE-III
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Sh
amim
a h
ad g
ot
him
ou
t o
n
bai
l o
n 9
th M
arch
, 20
18.
Sin
ce h
e w
as v
ery
un
wel
l, h
e h
ad g
on
e to
liv
e at
a r
elat
ive’
s p
lace
. T
he
day
he
was
kil
led
, h
e sp
ok
e to
his
sis
ter
(Sh
ama)
an
d S
ham
ima
sayi
ng
th
at h
e w
as w
ith
his
Un
cle’
s d
aug
hte
r (R
uk
san
a, w
/o U
sman
, N
awab
gan
j,
Sar
ai C
ho
wk
) an
d t
hat
he
wo
uld
ret
urn
th
e n
ext
day
as
he
was
no
t w
ell.
Th
is
con
vers
atio
n w
as a
t 2
-2.3
0 p
m.
At
5.30
p
m h
is f
amil
y w
as i
nfo
rmed
of
his
de-
mis
e.
No
det
ails
ava
ilab
le.
COUNTERING THE SILENCE
V
icti
m,
Inci
de
nt
et
al
Po
lice
ve
rsio
n o
f th
e i
nci
-d
en
t In
juri
es
to t
he
bo
dy
F
am
ily
te
stim
on
y
Le
ga
l p
roce
ed
ing
s
11.
Ak
ba
r s/
o
Ma
hm
oo
d
3rd
Feb
ruar
y, 2
018
at
7.10
PM
Pla
ce:
Nea
r K
ali
Man
dir
, Jh
injh
ana
- U
n R
oad
, D
istr
ict
Sh
amli
As
per
po
lice
rec
ord
s, A
kb
ar
had
esc
aped
in
an
en
cou
nte
r o
n 1
.1.2
018
in
wh
ich
Sab
ir w
as
kil
led
, an
d t
her
eaft
er p
oli
ce
had
dec
lare
d a
rew
ard
of
Rs.
50
,00
0 o
n A
kb
ar.
03.
2.20
18 F
IR fi
led
ag
ain
st
Ak
bar
fo
r ex
tort
ion
& a
ttem
pt
to m
urd
er.
SW
AT
tea
m i
n-
form
ed,
pla
n m
ade
to c
aptu
re
the
accu
sed
.
Tw
o p
eop
le c
ame
on
a m
oto
r-cy
cle
to p
ick
up
th
e ra
nso
m
mo
ney
, as
ked
to
su
rren
der
by
the
po
lice
, as
sail
ants
fire
d
up
on
th
e p
oli
ce,
po
lice
fire
d
in s
elf
def
ence
.
On
e cr
imin
al i
nju
red
, ta
ken
to
ho
spit
al,
succ
um
bed
to
in
juri
es,
the
oth
er a
ccu
sed
es
cap
ed,
cou
ld n
ot
be
iden
ti-
fied
. T
wo
po
lice
men
als
o r
e-ce
ived
bu
llet
in
juri
es,
wer
e se
nt
to t
he
ho
spit
al f
or
trea
t-m
ent.
5 b
ull
et w
ou
nd
s in
clu
din
g
on
fac
e, s
tom
ach
an
d c
hes
t,
On
e ar
m f
ract
ure
d,
lig
atu
re
mar
ks
pre
sen
t o
n r
igh
t le
g,
ind
icat
ing
th
at h
e w
as t
ied
u
p.
Ak
bar
was
res
idin
g i
n B
ang
alo
re w
ith
h
is f
amil
y. H
is w
ife
& c
hil
dre
n h
ad
com
e to
th
eir
vill
age
in U
P,
8 d
ays
be-
fore
Ak
bar
’s e
nco
un
ter.
His
wif
e is
no
t aw
are
ho
w a
nd
wh
en A
kb
ar c
ame
to
Dis
tric
t S
ham
li.
Ak
bar
was
in
Ban
gal
ore
th
rou
gh
ou
t Ja
nu
ary,
co
ntr
adic
ts p
oli
ce c
laim
of
Ak
-b
ar e
scap
ing
, w
her
e S
abir
was
kil
led
.
No
in
qu
irie
s w
ere
mad
e b
y th
e p
oli
ce a
t th
eir
ho
use
in
Dis
tric
t S
ham
li.
3 F
IRs
(76
/20
18,
77/2
018
an
d
78/2
018
) fi
led
on
th
e st
atem
ent
of
San
dee
p B
aliy
an,
SH
O,
PS
Jh
injh
ana,
D
istr
ict
Sh
amli
, ag
ain
st A
kb
ar a
nd
an
oth
er u
n-
kn
ow
n a
ccu
sed
u/s
30
7, 4
14,
IPC
& S
ec 2
5 o
f A
rms
Act
, 19
59.
A P
ost
Mo
rtem
was
co
nd
uct
ed
by
the
Po
lice
, th
e re
po
rt o
f w
hic
h h
as n
ot
bee
n m
ade
avai
l-ab
le t
o A
kb
ar’s
fam
ily.
Fam
ily
is
no
t aw
are
of
any
furt
her
in
ves-
tig
atio
n b
ein
g c
arri
ed o
ut
by
the
po
lice
.
FIR
men
tio
ns
15 b
ull
ets
fire
d b
y p
oli
ce a
nd
rec
ove
ry o
f 13
bu
llet
sh
ells
. F
IR f
urt
her
sta
tes
that
11
bu
llet
sh
ells
fire
d b
y th
e p
oli
ce
wer
e p
arce
led
an
d s
eale
d f
rom
th
e sc
ene
of
crim
e. N
o e
xpla
na-
tio
n g
iven
as
to t
he
dis
crep
an-
cy.
FIR
sta
tes
a b
ull
et fi
red
by
the
accu
sed
go
t st
uck
in
th
e b
ull
et
pro
of
jack
et o
f S
I S
un
il S
ing
h.
FIR
mak
es n
o m
enti
on
of
the
bu
llet
pro
of
jack
et a
nd
th
e b
ul-
let
bei
ng
par
cele
d a
nd
sea
led
fo
r in
vest
igat
ion
.
69
COUNTERING THE SILENCE
70
V
icti
m,
Inci
de
nt
et
al
Po
lice
ve
rsio
n o
f th
e i
nci
-d
en
t In
juri
es
to t
he
bo
dy
F
am
ily
te
stim
on
y
Le
ga
l p
roce
ed
ing
s
12
No
or
Mo
ha
mm
ad
@
Ha
sse
n M
ota
30th
Dec
emb
er,
2017
at
10
:00
PM
Pla
ce:
Nea
r S
hat
abd
i N
agar
, M
eeru
t
Po
lice
go
t in
form
atio
n a
bo
ut
2 cr
imin
als
abo
ut
to c
om
mit
a
crim
e.
Po
lice
set
up
bar
rica
des
to
ap
pre
hen
d t
he
crim
inal
s.
Tw
o p
eop
le o
n a
mo
torc
ycle
, tr
ied
to
flee
aft
er s
eein
g t
he
po
lice
, ch
ased
by
the
po
lice
, m
oto
rcyc
le l
ost
bal
ance
an
d
fell
, cr
imin
als
fire
d g
un
sh
ots
at
po
lice
, p
oli
ce fi
red
in
sel
f d
efen
ce.
On
e cr
imin
al i
nju
red
, ta
ken
to
ho
spit
al,
succ
um
bed
to
in
juri
es,
the
oth
er a
ccu
sed
es
cap
ed,
cou
ld n
ot
be
iden
ti-
fied
.
4 b
ull
et w
ou
nd
s in
tem
ple
an
d a
bd
om
en a
rea.
Fam
ily
no
tice
d s
ever
e m
ark
s o
f b
eati
ng
on
th
e b
od
y, f
ract
ure
d a
rm a
nd
leg
Str
on
g s
mel
l o
f b
urn
ing
fl
esh
, an
d b
lack
enin
g
aro
un
d t
he
gu
nsh
ot
wo
un
ds
ind
icat
ing
bu
llet
s fi
red
fro
m a
clo
se r
ang
e.
Fam
ily
alle
ges
, h
e w
as o
n h
is w
ay h
om
e w
hen
he
was
way
laid
by
the
po
lice
, il
le-
gal
ly d
etai
ned
, to
rtu
red
, an
d s
ub
se-
qu
entl
y sh
ot
rep
eate
dly
.
Th
e x-
ray
rep
ort
tak
en o
n 2
9th
Oct
ob
er
2017
cle
arly
su
gg
ests
an
iss
ue
wit
h h
is
bo
ne
stru
ctu
re i
nd
icat
ing
th
at N
oo
r M
oh
amed
was
in
gre
at p
ain
an
d i
n n
o
con
dit
ion
to
tak
e o
n t
he
po
lice
in
an
al
leg
ed g
un
fig
ht.
Ap
art
fro
m a
few
pet
ty c
ases
No
or
Mo
-h
amm
ed w
as n
ever
in
volv
ed i
n a
ny
or-
gan
ised
cri
me
in t
he
reg
ion
, co
ntr
adic
ts
po
lice
ver
sio
n o
f N
oo
r M
oh
amm
ed b
e-in
g a
dre
aded
gan
gst
er w
ith
lin
ks
to t
he
Mu
kim
Kal
a g
ang
.
FIR
No
. 8
71/2
017
file
d a
t P
S
Par
tap
ur
on
th
e st
atem
ent
of
SI,
Jay
vir
Sin
gh
, C
rim
e B
ran
ch,
Mee
rut
agai
nst
No
or
Mo
ham
-m
ad a
nd
an
oth
er u
nk
no
wn
ac-
cuse
d,
u/s
30
7 IP
C.
Em
pty
car
trid
ges
fire
d b
y ac
-cu
sed
co
llec
ted
, em
pty
car
-tr
idg
es fi
red
by
po
lice
no
t co
l-le
cted
du
e to
flo
od
ing
in
th
e w
hea
t fi
eld
s.
3 p
oli
ce o
ffici
als
hit
on
th
eir
bu
llet
pro
of
jack
ets
by
the
bu
l-le
ts fi
red
by
the
crim
inal
s. J
ack
-et
s n
ot
par
cele
d a
nd
sea
led
fo
r fu
rth
er i
nve
stig
atio
n.
Po
st m
ort
em w
as c
on
du
cted
. N
oo
r M
oh
amm
ad’s
fam
ily
is
no
t aw
are
of
any
furt
her
in
ves-
tig
atio
n b
ein
g c
arri
ed o
ut
by
the
po
lice
.
71
COUNTERING THE SILENCE
13
Wa
see
m S
/o M
us-
tak
ee
n
28th
Sep
tem
ber
, 20
17.
Pla
ce:
Sar
oo
rpu
r,
Mee
rut
On
11.
9.2
017
, F
IR w
as r
egis
-te
red
by
Kai
ran
a P
S,
stat
ing
A
nu
j s/
o V
eerp
al w
as i
nju
red
in
po
lice
act
ion
an
d t
aken
in
to c
ust
od
y an
d W
asee
m
was
sh
ow
n a
s fl
eein
g t
he
sce-
ne
of
the
gu
nfi
gh
t.
On
28
.9.2
017
, in
form
atio
n
was
rec
eive
d b
y S
TF
, M
eeru
t th
at S
abir
alo
ng
wit
h W
asee
m
wer
e g
oin
g t
o c
om
mit
a c
rim
e in
Mee
rut.
Po
lice
set
up
bar
rica
des
to
ap
pre
hen
d t
he
crim
inal
s.
Tw
o p
eop
le o
n a
mo
torc
ycle
, tr
ied
to
flee
aft
er s
eein
g t
he
po
lice
, ch
ased
by
the
po
lice
, cr
imin
als
fire
d g
un
sh
ots
at
po
lice
, p
oli
ce fi
red
in
sel
f d
e-fe
nce
.
Was
eem
was
in
jure
d,
tak
en t
o
ho
spit
al, su
ccu
mb
ed t
o i
nju
-ri
es,
Sab
ir e
scap
ed,
cou
ld n
ot
be
arre
sted
.
As
per
po
lice
rec
ord
s, o
n
1.1.
2018
Sab
ir w
as k
ille
d i
n a
n
enco
un
ter
and
Ak
bar
was
sh
ow
n t
o h
ave
fled
th
e sc
ene.
PM
rep
ort
men
tio
ns
4 g
un
sh
ot
wo
un
ds
– o
ne
on
th
e le
ft s
ide
of
Was
eem
’s t
em-
ple
, o
ne
on
th
e u
pp
er l
eft
sid
e o
f h
is s
ho
uld
er,
on
e o
n
the
abd
om
en,
and
on
e o
n
the
left
wri
st.
Th
e g
un
sh
ots
are
at
ang
les
that
su
gg
est
it w
as fi
red
fr
om
clo
se r
ang
e an
d f
rom
ab
ove
. M
ild
bla
cken
ing
fo
un
d a
rou
nd
th
e w
ou
nd
in
dic
ate
extr
emel
y cl
ose
ra
ng
e fi
re.
Was
eem
’s m
oth
er s
tate
s th
at W
asee
m
was
no
t w
ith
An
uj
on
11/
09
/20
17 w
hen
th
e al
leg
ed c
lash
wit
h t
he
po
lice
to
ok
p
lace
. W
asee
m w
as w
ork
ing
as
a d
aily
w
age
earn
er o
uts
ide
of
U.P
.
Sh
e w
as f
alse
ly f
ram
ed o
n t
he
char
ge
of
traffi
ckin
g d
rug
s 6
day
s b
efo
re W
asee
m
was
mu
rder
ed.
An
in
form
er w
ork
ing
on
th
e b
idd
ing
of
the
po
lice
in
form
ed
Was
eem
of
his
mo
ther
’s a
rres
t. W
asee
m
cam
e to
Sh
amli
to
en
qu
ire
abo
ut
his
m
oth
er’s
wh
erea
bo
uts
. W
asee
m w
as
det
ain
ed b
y th
e p
oli
ce a
nd
tak
en t
o
Mee
rut,
wh
ere
his
sta
ged
en
cou
nte
r/m
urd
er w
as c
arri
ed o
ut.
On
24
.9.2
017
a
po
lice
co
nti
ng
ent
fro
m
Sh
amli
had
arr
ived
an
d v
and
alis
ed
Was
im’s
an
d h
is n
eig
hb
ou
r’s
ho
use
in
Ja
gh
anp
ura
vil
lag
e.
Fo
ur
day
s la
ter,
p
oli
ce c
alle
d t
he
vill
age
pra
dh
an t
o s
ay
that
Was
eem
had
bee
n s
ho
t d
ead
in
a
po
lice
en
cou
nte
r in
Sar
urp
ur
area
of
Mee
rut.
Was
eem
’s f
amil
y m
emb
ers
wer
e in
jai
l w
hen
Was
eem
was
kil
led
an
d t
hey
wer
e n
ot
allo
wed
to
att
end
his
fu
ner
al.
3 F
IRs
file
d a
t P
S S
aro
orp
ur
M
eeru
t D
istr
ict
agai
nst
Sab
ir
and
W
asee
m c
har
gin
g t
hem
u/
s 30
7 an
d S
ec 2
5 o
f A
rms
Act
.
Po
st M
ort
em w
as c
arri
ed o
ut
by
a te
am o
f d
oct
ors
an
d t
he
sam
e w
as v
ideo
gra
ph
ed b
y th
e p
oli
ce.
Was
eem
’s m
oth
er h
as s
ent
rep
-re
sen
tati
on
s to
NH
RC
an
d o
th-
er a
uth
ori
ties
. N
o r
esp
on
se y
et.
COUNTERING THE SILENCE
72
14.
Jaa
n M
oh
am
-m
ad
ali
as
Jaa
nu
s/o
Iq
-b
al
17.0
9.2
017
Pla
ce:
NH
-58
, P
S K
hat
oli
, D
ist
- M
uza
ffar
na-
gar
S.I
. S
ub
ey s
ing
h a
lon
gw
ith
5 o
ther
offi
cers
an
d S
I T
ej S
ing
h, P
S K
hat
oli
wit
h 3
oth
er
offi
cers
wer
e at
a c
hec
k p
ost
. A
t 5.
30 a
m a
w
hit
e co
lou
red
Sw
ift
car
had
bee
n c
om
-in
g f
rom
Mee
rut
sid
e th
ey g
esti
cula
te
wit
h t
orc
h l
igh
t to
sto
p t
hem
bu
t th
ey h
it
the
bar
rica
de
and
ran
aw
ay t
ow
ard
s M
u-
zafa
rnag
ar,
po
lice
th
en s
usp
ecte
d t
hem
to
b
e cr
imin
als
and
in
form
ed t
he
con
tro
l ro
om
. S
I S
ub
ey S
ing
h a
lon
gw
ith
5 o
ffice
rs
star
ted
fo
llo
win
g t
hem
. W
hen
po
lice
tr
ied
to
sto
p t
hem
nea
r K
hat
oli
tu
rn,
the
accu
sed
fire
d o
n t
hem
wit
h t
he
inte
nti
on
to
kil
l th
em.
Th
e p
oli
ce t
hen
man
aged
to
o
vert
ake
the
susp
ecte
d c
ar,
and
th
e ac
-cu
sed
’s c
ar c
oll
ided
wit
h p
ipe
of
a ti
n
shad
e. W
hen
po
lice
men
go
t o
ut
of
thei
r je
ep a
nd
acc
use
d s
tart
ed fi
rin
g o
n t
he
po
lice
wh
ere
Co
Dee
pak
an
d C
o S
oh
anvi
r w
ere
inju
red
. F
or
the
self
def
ence
SI
gav
e th
e o
rder
to
fire
bac
k.
On
e o
f th
e ac
cuse
d
man
aged
to
get
ou
t o
f th
e ca
r an
d r
an
away
to
war
ds
the
fiel
ds
wh
erea
s o
ther
o
ne
sitt
ing
at
the
dri
vin
g s
eat
trie
d t
o e
s-ca
pe
bu
t h
e g
ot
inju
red
. P
oli
ce w
ent
clo
se
to t
he
inju
red
acc
use
d w
her
e th
ey f
ou
nd
th
at h
e is
Jan
nu
@ J
aan
Mo
ham
mad
s/o
Iq
bal
, a
wan
ted
cri
min
al w
ho
esc
aped
in
p
oli
ce c
lash
on
11/
09
/20
17.
Fo
ren
sic
de-
par
tmen
t w
as c
alle
d f
or
inve
stig
atio
n.
Th
e in
jure
d p
oli
ce o
ffice
rs w
ere
sen
ty t
o
CH
C K
hat
oli
fo
r tr
eatm
ent
and
dea
d
bo
dy
of
Jaan
Mo
ham
mad
was
sen
t to
Dis
t H
osp
ital
, M
uza
ffar
nag
ar..
Th
e p
oli
ce r
e-co
vere
d 2
gu
ns
fro
m n
ear
the
accu
sed
an
d
13 b
ull
et s
hel
ls.
Th
e p
oli
ce fi
red
13
bu
llet
s at
th
e ac
cuse
d p
erso
ns,
th
ey w
ere
able
to
re
cove
r 6
bu
llet
sh
ells
fire
d b
y th
em.
No
det
ails
ava
ilab
le.
Jaan
Mo
hd
.’s f
amil
y st
ates
th
at h
e w
as i
n p
ris-
on
fo
r 2
year
s an
d w
as o
ut
on
bai
l 5
mo
nth
s ag
o.
Sin
ce p
oli
ce h
ad s
tart
ed h
aras
sin
g h
im
and
his
fam
ily
agai
n,
he
had
to
lea
ve h
is
ho
use
in
th
e vi
llag
e an
d s
tay
away
. P
oli
ce
raid
ed h
is h
ou
se o
n o
ne
occ
asio
n a
t n
igh
t an
d t
oo
k a
way
so
me
ho
use
ho
ld t
hin
gs
in-
clu
din
g t
hei
r m
ob
ile
ph
on
es.
Fam
ily
says
po
-li
ce h
ad t
hre
aten
ed t
o k
ill
Jaan
Md
.
On
15.
9.2
017
, J
aan
Md
vis
ited
his
law
yer
Ad
v.
Saj
id i
n M
eeru
t to
su
rren
der
him
self
in
co
urt
. B
ut
as c
ou
rt t
imin
gs
wer
e o
ver
for
the
day
, la
wye
r as
ked
him
to
co
me
on
Mo
nd
ay.
Jaan
M
d. th
en w
ent
to A
yyu
b (
his
co
usi
n)’
s h
ou
se
in v
illa
ge
Kai
thw
ari,
Mee
rut
to s
eek
his
hel
p
to s
urr
end
er.
Po
lice
rai
ded
Ayy
ub
’s h
ou
se
and
lat
er i
t w
as h
eard
th
at J
aan
Md
. h
as b
een
en
cou
nte
red
.
Fam
ily
says
th
at J
aan
Md
. d
id n
ot
kn
ow
ho
w
to r
ide
a ca
r. A
lso
, w
hen
he
was
pla
nn
ing
to
h
imse
lf s
urr
end
er b
efo
re t
he
cou
rt,
then
wh
y w
ou
ld h
e p
lan
to
co
mm
it a
ny
crim
e.
Yo
un
ger
bro
ther
Fer
oz
is n
ow
bei
ng
im
pli
cat-
ed i
n t
he
case
s w
her
e Ja
an M
d. w
as e
arli
er
accu
sed
. H
e is
cu
rren
tly
in p
riso
n; fa
mil
y is
n
ot
app
lyin
g f
or
bai
l o
ut
of
fear
th
at p
oli
ce
wil
l k
ill
him
in
an
en
cou
nte
r if
he
com
es o
ut
of
jail
.
Fiv
e d
ays
afte
r th
e en
cou
nte
r, p
oli
ce r
aid
ed
the
fam
ily’
s o
ne
roo
m h
ou
se i
n t
he
vill
age
and
van
dal
ised
it.
Th
ree
FIR
s (F
IR N
o.s
12
27/1
7, 1
228
/18
an
d
1229
/17)
hav
e b
een
file
d
by
PS
Kh
atau
li,
Mee
rut
agai
nst
Jaa
n M
d.
and
un
-k
no
wn
acc
use
d d
ated
17
.9.2
017
. H
e h
as b
een
ac
cuse
d u
nd
er I
PC
sec
tio
n
307,
Arm
s A
ct s
ecti
on
s 25
an
d 2
7 an
d I
PC
sec
tio
n
414
res
pec
tive
ly.
73
COUNTERING THE SILENCE
V
icti
m,
Inci
de
nt
et
al
Po
lice
ve
rsio
n o
f th
e i
nci
-d
en
t In
juri
es
on
th
e b
od
y
Fa
mil
y t
est
imo
ny
L
eg
al
pro
cee
din
gs
15
Qa
sim
s/o
Su
mra
t
02
Au
gu
st 2
017
Pla
ce:
Nea
r h
is
ho
use
, in
vil
lag
e B
is-
amb
hra
, C
hh
ata,
dis
-tr
ict
Mat
hu
ra,
UP
Info
rmat
ion
no
t av
aila
ble
. In
form
atio
n n
ot
avai
lab
le.
Qas
im w
as r
un
nin
g a
ch
ak
ki
sho
p i
n t
he
vill
age
for
the
pas
t 10
yea
rs.
His
fam
ily
stat
es t
hat
Qas
im w
as a
cqu
itte
d i
n a
ll
crim
inal
cas
es a
t th
e ti
me
of
this
in
ci-
den
t.
Po
lice
cam
e in
to t
he
vill
age
on
ear
ly
ho
urs
of
2nd
Au
gu
st 2
017
, lo
ok
ing
fo
r S
ahu
n (
a k
no
wn
cri
min
al)
wh
o m
an-
aged
to
esc
ape.
Qas
im a
nd
his
mo
ther
h
ad r
etu
rned
ho
me
very
lat
e fr
om
a
ho
spit
al. Q
asim
was
in
his
ho
use
, w
hen
p
oli
ce s
tart
ed fi
rin
g a
t h
is h
ou
se.
He
was
hit
by
a p
oli
ce b
ull
et b
ut
he
trie
d t
o
esca
pe.
His
mo
ther
cla
rifi
ed t
o t
he
po
-li
ce t
hat
its
Qas
im a
nd
no
t S
ahu
n.
Qas
im r
an t
ow
ard
s th
e ro
of
of
the
nei
gh
bo
urs
. E
ven
nei
gh
bo
urs
tri
ed t
o
clar
ify
to t
he
po
lice
, b
ut
they
wer
e as
ked
to
go
in
sid
e an
d c
lose
th
eir
do
ors
. P
oli
ce fi
red
a r
ang
e o
f b
ull
ets.
Qas
im
was
hit
an
d h
e fe
ll fl
at o
n t
he
roo
f. A
m
oth
er f
eed
ing
her
bab
y in
th
e n
eig
h-
bo
uri
ng
ho
use
wen
t u
nco
nsc
iou
s d
ue
to
the
sou
nd
s o
f th
e g
un
fire
.
Fam
ily
has
en
gag
ed a
law
yer.
N
o f
urt
her
in
form
atio
n a
vail
a-b
le.
COUNTERING THE SILENCE
74
16.
Na
ush
ad
@
Da
nn
y s
/o
Jam
il
Sa
rva
r s/
o
Ka
mil
29th
Ju
ly 2
017
Pla
ce:
Bh
ura
, P
S
Kai
ran
a, S
ham
li
At
aro
un
d 3
.15
am o
n 2
9.7
.20
19,
SO
Dh
ar-
men
dra
Sin
gh
Paw
ar P
S K
aira
na
alo
ng
wit
h
3 p
oli
ce o
ffice
rs (
PO
) m
et a
n i
nfo
rmer
on
th
e ro
ad w
ho
to
ld h
im t
hat
Nau
shad
an
d
his
acc
om
pli
ce w
ill
com
e n
ear
the
Mas
jid
n
ext
to t
he
gra
veya
rd b
etw
een
4-5
am
. T
hey
are
hea
vily
arm
ed a
nd
are
pla
nn
ing
to
co
mm
it a
cri
me.
SO
cal
led
fo
r ad
dit
ion
al
forc
e, a
nd
In
sp R
aj K
um
ar S
har
ma
Cri
me
Bra
nch
, a
lon
g w
ith
8 o
ffice
rs a
nd
SO
PS
Jh
ijh
ana
Bh
agw
at S
ing
h a
lon
g w
ith
4 o
ffic-
ers
reac
hed
th
e sp
ot.
Th
ey t
oo
k t
hei
r p
osi
-ti
on
s in
tw
o t
eam
s w
aiti
ng
fo
r th
e cr
imi-
nal
s. A
t 4
.10
am
th
ey s
aw t
wo
peo
ple
wal
k-
ing
in
th
eir
dir
ecti
on
an
d o
ne
of
them
was
ca
rryi
ng
a g
un
. T
he
info
rmer
id
enti
fied
th
e cr
imin
als.
SO
PS
Kai
ran
a as
ked
th
e cr
imi-
nal
s to
sto
p.
Bo
th t
he
crim
inal
s st
arte
d
sho
oti
ng
at
the
po
lice
par
ty.
Th
e o
ther
po
-li
ce p
arty
als
o a
sked
th
em t
o s
top
th
eir
fire
, o
n h
eari
ng
th
at t
he
crim
inal
s st
arte
d
turn
ing
aro
un
d a
nd
sh
oo
tin
g a
t th
e p
oli
ce
par
ties
on
bo
th s
ides
. S
SI
San
dee
p B
aliy
an
go
t h
it b
y th
e b
ull
et o
n h
is s
tom
ach
. S
O
then
gav
e th
e p
oli
ce o
rder
s to
sh
oo
t at
th
e cr
imin
als,
bo
th t
he
crim
inal
s g
ot
sho
t an
d
fell
do
wn
. C
o.
Nar
esh
Ku
mar
an
d C
o.
San
dee
p K
um
ar i
den
tifi
ed t
he
crim
inal
s as
N
aush
ad &
Sar
var.
Th
e p
oli
ce r
eco
vere
d 4
g
un
s fr
om
th
e ac
cuse
d,
wh
ich
was
bei
ng
u
sed
by
them
to
fire
at
the
po
lice
an
d 2
2 b
ull
et s
hel
ls fi
red
by
the
accu
sed
. T
he
po
-li
ce a
lso
rec
ove
red
14
bu
llet
sh
ells
fire
d b
y th
em.
Th
e ac
cuse
d w
ere
sen
t to
CH
C J
hin
-jh
ana
for
trea
tmen
t. W
hil
e S
arva
r d
ied
on
th
e w
ay t
o t
he
ho
spit
al,
Nau
shad
die
d d
ur-
ing
tre
atm
ent.
Inju
red
po
lice
offi
cers
- S
O P
S J
hij
han
a B
hag
wat
Sin
gh
, S
SI
San
dee
p B
aliy
an,
SI
Ad
esh
Ku
mar
, C
o R
aju
Tya
gi,
Co
Ash
ish
K
um
ar.
Th
ey w
ere
sen
t to
CH
C J
hin
jhan
a fo
r tr
eatm
ent.
Th
e fa
mil
ies
of
Nau
shad
&
Sar
var
shar
e th
at b
oth
of
them
had
sev
ere
tort
ure
w
ou
nd
s an
d b
rok
en b
on
es.
Mo
reo
ver,
Sar
var
rece
ived
a
bu
llet
sh
ot
in h
is m
ou
th
and
Nau
shad
in
his
ch
est
on
th
e le
ft s
ide.
Th
e fa
mil
ies
hav
e n
ot
yet
bee
n g
iven
th
e P
ost
Mo
r-te
m R
epo
rt.
Lo
cal
vill
ager
s, f
amil
y m
emb
ers
shar
e th
at N
aush
ad a
nd
Sar
var
wer
e ca
lled
to
o
ne
Yas
mee
n a
lias
Ran
o’s
ho
use
fo
r d
in-
ner
. S
he
per
son
ally
lan
ded
up
at
thei
r h
ou
ses
to i
nsi
st f
or
the
mee
tin
g. N
ext
day
by
earl
y m
orn
ing
, n
ews
spre
ad t
hat
th
ey w
ere
kil
led
in
an
en
cou
nte
r.
Yas
mee
n a
lias
Ran
o h
as fi
led
FIR
No
. 73
2/20
17 d
t 4
.8.2
017
at
PS
Kai
ran
a u
/s
452
, 37
6D
, 32
3 an
d 5
06
IP
C
alle
gin
g
sexu
al v
iole
nce
ag
ain
st N
aush
ad,
Sar
var
and
th
eir
bro
ther
s an
d o
ther
fam
ily
mem
ber
s. Y
asm
een
has
sta
ted
in
her
F
IR t
hat
Nau
shad
an
d S
arva
r ca
me
to
her
ho
use
man
y ti
mes
wit
h d
iffer
ent
peo
ple
so
me
of
them
nam
ed I
kra
m a
nd
H
amid
, In
am,
Bil
al, A
fsar
, N
awab
, an
d
oth
ers
(wh
o w
ere
un
kn
ow
n t
o h
er)
and
th
ey a
ll r
aped
her
mu
ltip
le t
imes
.
FIR
No
. (6
80
, 6
81
and
68
2) w
ere
file
d a
gai
nst
Nau
shad
& S
arva
r at
PS
Kai
ran
a, d
t 29
/7/1
7, u
/s
307
IPC
an
d S
ecti
on
25
Arm
s A
ct.
A P
ost
Mo
rtem
was
co
nd
uct
ed.
Th
e fa
mil
y h
as n
o f
urt
her
in
for-
mat
ion
ab
ou
t th
e in
vest
igat
ion
ca
rrie
d o
ut
by
the
po
lice
. T
hey
h
ave
no
t p
urs
ued
an
y le
gal
ac-
tio
n a
gai
nst
th
e p
oli
ce o
ffice
rs
fear
ing
th
at o
ther
fam
ily
mem
-b
ers
wo
uld
als
o g
et i
mp
lica
ted
u
nd
er t
he
fals
e ch
arg
e o
f se
xual
vi
ole
nce
.
75
COUNTERING THE SILENCE
ANNEXE-IV
Ex
tra
jud
icia
l E
xe
cuti
on
ca
ses
in H
ary
an
a
(lis
ted
ch
ron
olo
gic
all
y)
S.N
o.
Vic
tim
(s),
In
cid
en
t P
oli
ce v
ers
ion
of
the
in
cid
en
t F
am
ily
’s t
est
imo
ny
L
eg
al
pro
cee
din
gs
1.
Tal
im,
age
22 y
ears
s/o
Sh
. S
har
if
r/o
Vil
lag
e S
alah
eri,
Dis
tric
t N
uh
, H
arya
na
7 D
ec 2
017
at a
rou
nd
2.1
5 a.
m
nea
r Ja
nta
Co
lon
y in
Alw
ar,
Raj
asth
an
Taa
lim
was
a d
rive
r b
y p
rofe
s-si
on
, w
ork
ing
wit
h h
is s
iste
r’s
hu
sban
d.
He
use
d t
o c
arry
g
oo
ds
rela
ted
to
mac
hin
e p
arts
on
th
e N
uh
-A
lwar
, an
d
som
etim
es t
o f
araw
ay c
itie
s li
ke
Ko
lkat
a. H
e w
as m
arri
ed,
wit
h t
wo
kid
s ag
ed 3
yea
rs o
ld
and
7 m
on
ths
old
.
Taa
lim
had
no
his
tory
of
crim
-in
al r
eco
rd.
Raj
asth
an P
oli
ce c
laim
s th
at o
n
7.12
.20
18,
at a
rou
nd
2:0
0 a
.m.,
a
nig
ht
pat
roll
ing
tea
m r
elay
ed t
o
the
Co
ntr
ol
Ro
om
th
at a
gro
up
of
smu
gg
lers
, o
f ab
ou
t 5-
7 p
eop
le,
wer
e lo
adin
g c
ow
s in
a T
ata
40
7 tr
uck
bea
rin
g r
egis
trat
ion
nu
mb
er
HR
38E
-60
08
(“T
ruck
”),
nea
r a
cer-
tain
Dev
yan
i R
anaw
at H
osp
ital
in
A
rava
li V
ihar
, A
lwar
. S
ub
seq
uen
t-ly
, w
hen
th
e o
ffici
als
of
the
Ara
vali
V
ihar
po
lice
sta
tio
n t
ried
to
sto
p
the
alle
ged
sm
ug
gle
rs a
t ch
eck
-p
oin
ts,
they
eva
ded
su
ch a
ttem
pts
an
d d
rove
aw
ay.
Th
ere
was
ex-
chan
ge
of
fire
bet
wee
n t
he
po
lice
an
d t
he
accu
sed
- 3
ro
un
ds
by
the
accu
sed
wh
ile
7 ro
un
ds
wer
e fi
red
b
y th
e p
oli
ce.
Th
e T
ruck
was
lat
er
fou
nd
to
be
aban
do
ned
at
Jan
ta
Co
lon
y, w
ith
Mr.
Tal
im’s
dea
d
bo
dy
lod
ged
bet
wee
n t
wo
sea
ts.
All
th
e o
ther
acc
use
d h
ad fl
ed.
Th
e P
oli
ce r
eco
vere
d fi
ve c
ow
s fr
om
th
e T
ruck
. T
hey
als
o r
eco
vere
d a
co
un
try-
mad
e p
isto
l, a
mo
bil
e p
ho
ne,
a d
iary
an
d l
ive
cart
rid
ges
. T
he
on
ly i
nju
ry s
uff
ered
by
any
mem
ber
of
the
po
lice
par
ty w
as t
o
SI
Dev
end
ra P
rata
p,
wh
o w
as h
it i
n
the
leg
by
on
e o
f th
e st
on
es t
hat
w
ere
bei
ng
pel
ted
by
the
accu
sed
.
Wh
en T
alim
did
no
t re
turn
ho
me
that
nig
ht,
nex
t d
ay e
arly
m
orn
ing
fam
ily
trie
d t
o c
all
on
his
ph
on
e. A
fter
sev
eral
ri
ng
s, p
ho
ne
was
an
swer
ed b
y a
stra
ng
er w
ho
wo
rked
in
a
ho
spit
al i
n A
lwar
. H
e fo
un
d t
he
ph
on
e o
n t
he
road
sid
e.
In
few
ho
urs
, fa
mil
y fo
un
d o
ut
abo
ut
the
enco
un
ter
of
Tal
im t
hro
ug
h s
oci
al m
edia
. W
hen
th
e fa
mil
y r
each
ed
Raj
iv G
and
hi
Go
vern
men
t H
osp
ital
, A
lwar
Ho
spit
al o
ffici
als
refu
sed
to
sh
ow
th
e T
alim
’s b
od
y. L
ater
, w
hen
fam
ily
met
p
oli
ce,
they
wer
e th
reat
ened
of
con
seq
uen
ces
alle
gin
g t
hat
al
l o
f th
e fa
mil
y is
in
volv
ed i
n c
ow
sm
ug
gli
ng
. P
oli
ce r
e-fu
sed
to
file
FIR
. F
amil
y sa
ys t
hat
SP
to
ld t
hem
‘hu
mn
e h
aa
-th
on
mei
n c
ho
ori
yan
na
hi
peh
ni
ha
in’ [
we
(po
lice
) ar
e n
ot
wea
rin
g b
ang
les
in o
ur
han
ds]
, in
dic
atin
g t
hat
th
ey w
ill
tak
e ‘a
ctio
n’ a
gai
nst
th
ose
wh
o a
re i
nvo
lved
in
co
w s
mu
g-
gli
ng
.
Wh
at w
as t
he
bas
is o
f in
form
atio
n t
hat
led
th
e p
oli
ce t
o
bel
ieve
th
at t
he
accu
sed
wer
e sm
ug
gle
rs o
r th
at t
he
cow
s w
ere
bei
ng
tra
nsp
ort
ed f
or
the
pu
rpo
se o
f sl
aug
hte
r? T
he
mer
e ac
t o
f tr
ansp
ort
ing
co
ws
is n
ot
a cr
ime.
Th
e p
oli
ce c
laim
s th
at 5
-7 p
eop
le a
nd
5 c
ow
s w
ere
invo
lved
w
ho
wer
e ri
din
g t
he
Tat
a 4
07
Tru
ck.
Th
is t
ruck
has
a s
eat-
ing
cap
acit
y o
f 3.
Eve
n i
f it
is
assu
med
th
at s
om
eho
w 5
-7
peo
ple
cra
mm
ed i
nto
th
e se
atin
g s
pac
e, t
he
chan
ces
of
a b
ull
et h
itti
ng
ju
st a
sin
gle
per
son
are
ver
y lo
w.
Th
e p
oli
ce h
as c
laim
ed t
hat
Mr.
Tal
im w
as d
rivi
ng
in
a s
to-
len
tru
ck.
Ho
w w
as t
his
in
form
atio
n a
vail
able
bef
ore
han
d
to t
he
po
lice
? F
urt
her
mo
re,
even
if
the
ow
ner
ship
of
the
Tru
ck i
s n
ot
in M
r. T
alim
’s n
ame,
th
e sa
me
is e
nti
rely
pla
u-
sib
le s
ince
Mr.
Tal
im w
as a
dri
ver
by
pro
fess
ion
.
Fam
ily
was
no
t in
form
ed
abo
ut
the
dea
th o
f T
alim
by
the
po
lice
. F
amil
y h
as n
ot
bee
n g
iven
a c
op
y o
f F
IR fi
led
ag
ain
st T
alim
an
d p
ost
-m
ort
em r
epo
rt o
f T
alim
.
Th
e p
oli
ce fi
led
th
e F
IR N
o.
539
/17
at t
he
Ara
vali
Vih
ar
Po
lice
Sta
tio
n a
gai
nst
acc
use
d
(in
clu
din
g T
alim
) u
nd
er s
ec-
tio
ns
332,
353
, 14
3 an
d 3
07
of
the
Ind
ian
Pen
al C
od
e, 1
86
0.
Sec
tio
ns
3 an
d 2
5 o
f th
e A
rms
Act
, 19
59.
Sec
tio
ns
3, 5
an
d 8
o
f th
e R
ajas
than
Bo
vin
e A
ni-
mal
(P
roh
ibit
ion
of
Sla
ug
hte
r an
d R
egu
lati
on
of
Tem
po
rary
M
igra
tio
n o
r E
xpo
rt)
Act
, 19
95.
An
in
vest
igat
ion
by
CB
-C
ID i
s u
nd
erw
ay.
Fam
ily
has
file
d a
pet
itio
n i
n
Ses
sio
ns
Co
urt
, A
lwar
un
der
se
ctio
n 1
56(3
) o
f C
r.P
C s
eek
-in
g r
egis
trat
ion
of
com
pla
int
un
der
sec
tio
n 3
02
and
14
9 o
f IP
C a
gai
nst
SI
Dev
end
ra
Pra
tap
of
PS
NE
B A
lwar
, H
ead
Co
nst
able
Isr
av K
han
, R
an S
ing
h,
Rak
esh
, Ja
ikis
han
, M
uk
esh
Kr.
(h
ead
co
nst
able
s)
un
der
sec
tio
ns
302,
14
9 o
f IP
C
for
kil
lin
g T
alim
.
COUNTERING THE SILENCE
76
S.N
o.
Vic
tim
, In
cid
en
t P
oli
ce v
ers
ion
of
the
in
cid
en
t F
am
ily
’s t
est
imo
ny
L
eg
al
pro
cee
din
gs
2.
Mu
nfa
id,
age
earl
y 20
s
s/o
Mr.
Isl
am H
uss
ain
r/o
Sal
ahed
i vi
llag
e, T
auru
, N
uh
dis
tric
t, H
arya
na
16 S
ep 2
017
at
aro
un
d 2
:45
a.m
. n
ear
Tao
ru G
hat
i, D
istr
ict
Nu
h, H
arya
na
Mu
nfa
id w
as a
dri
ver
and
fa
rmer
by
pro
fess
ion
. H
e w
as
un
der
in
vest
igat
ion
fo
r al
leg
a-ti
on
s o
f se
xual
har
assm
ent.
Insp
ecto
r M
asta
na
stat
ed t
hat
, o
n
16.0
9.2
017
, ar
ou
nd
2:4
5 a.
m.,
wh
ilst
o
n p
atro
llin
g d
uty
, h
e ca
me
acro
ss
a st
atio
nar
y w
hit
e p
ick
up
tru
ck
nea
r T
auru
Gh
hat
i. O
n f
urt
her
in
-sp
ecti
on
, h
e fo
un
d a
yo
un
g p
erso
n
gri
evo
usl
y in
jure
d,
tho
ug
h s
till
al
ive,
in
sid
e th
e tr
uck
. H
e im
med
i-at
ely
tran
spo
rted
th
e in
jure
d t
o
Nal
had
Ho
spit
al,
Nu
h i
n h
is o
ffici
al
veh
icle
. T
he
per
son
, u
nid
enti
fied
at
th
e ti
me,
was
dec
lare
d d
ead
on
ar
riva
l w
ith
bu
llet
in
juri
es t
o h
is
nec
k.
Th
e fa
mil
y h
as s
tate
d t
hat
Mu
nfa
id u
sed
to
be
in c
on
stan
t to
uch
wit
h t
he
IO i
n t
he
FIR
file
d a
gai
nst
him
. O
n
15.0
9.2
017
, M
un
faid
cal
led
his
fat
her
an
d h
is f
ath
er-i
n-l
aw
info
rmin
g t
hem
th
at h
e h
ad r
ecei
ved
a c
all
fro
m s
om
e p
o-
lice
offi
cers
of
CIA
nam
ely,
Vik
ran
t S
hak
ti S
ing
h,
Sat
ish
an
d
Sid
dh
arth
wh
o h
ad o
ffer
ed t
o c
lose
th
e p
end
ing
cas
es
agai
nst
him
in
ret
urn
fo
r so
me
wo
rk t
hat
th
ey w
ante
d M
un
-fa
id t
o d
o.
His
fam
ily
advi
sed
him
to
mee
t th
e p
oli
ce o
ffic-
ers.
Th
at d
ay,
at a
rou
nd
5:0
0 p
.m.,
Mu
nfa
id l
eft
for
Rew
ari
to m
eet
wit
h t
he
po
lice
offi
cial
s al
on
g w
ith
his
th
ree
frie
nd
s. T
hes
e ey
e w
itn
esse
s in
form
ed t
he
vill
ager
s th
at a
g
reen
Bo
lero
car
sto
pp
ed i
n f
ron
t o
f th
e ve
hic
le n
ear
Sh
on
kh
vil
lag
e w
her
e th
ey s
tart
ed fi
rin
g a
t th
em.
Mu
nfa
id
was
sh
ot
wh
ilst
th
e re
st w
ere
able
to
esc
ape.
Th
e vi
llag
ers
livi
ng
nea
rby
hav
e al
so a
ttes
ted
to
th
e fa
ct t
hat
aro
un
d
12:0
0 a
.m.
they
had
see
n a
Bo
lero
wit
h p
oli
ce l
igh
ts w
as
seen
ap
pro
ach
ing
th
e p
lace
of
the
inci
den
t. M
r. M
un
faid
w
as f
ou
nd
dea
d b
y In
spec
tor
Mas
tan
a at
aro
un
d 2
:30
a.m
. th
e n
ext
day
. F
amil
y al
so c
laim
s th
at w
hen
th
ey r
each
ed t
he
Co
mm
un
ity
Hea
lth
Cen
tre,
Nu
h w
her
e M
r. M
un
faid
’s b
od
y w
as k
ept
on
16
.09
.20
17,
they
no
tice
d t
hat
th
e p
oli
ce w
ere
tryi
ng
to
tam
per
wit
h t
he
bo
dy
to r
emo
ve e
vid
ence
.
On
16
.09
.20
17,
FIR
No
. 0
358
w
as fi
led
at
Po
lice
Sta
tio
n
Tau
ru,
Dis
tric
t N
uh
, H
arya
na
agai
nst
un
kn
ow
n p
erso
ns
un
der
sec
tio
ns
302
and
20
1 o
f th
e In
dia
n P
enal
Co
de,
186
0
and
Sec
tio
n 2
5 o
f th
e A
rms
Act
, 19
59.
MA
NG
LA
A c
rim
inal
wri
t p
etit
ion
has
b
een
file
d b
y th
e fa
mil
y in
P
un
jab
& H
arya
na
Hig
h
Co
urt
, C
han
dig
arh
see
kin
g
reg
istr
atio
n o
f co
mp
lain
t ag
ain
st p
oli
ce o
ffice
rs o
f C
IA
for
kil
lin
g M
un
faid
.
77
COUNTERING THE SILENCE
3.
Nas
eem
, ag
e 27
yea
rs o
ld
s/o
Id
ris
r/o
Vil
lag
e A
db
ar,
dis
tric
t N
uh
, H
arya
na
20 A
ug
ust
20
16,
aro
un
d m
id-
nig
ht
nea
r K
ho
ri v
illa
ge,
bef
ore
Bh
i-w
adi
in A
lwar
dis
tric
t, R
aja-
sth
an.
He
was
mar
ried
an
d h
ad t
hre
e ch
ild
ren
ag
ed 5
yea
rs o
ld,
3 ye
ars
old
an
d a
nd
an
yea
r o
ld.
His
yo
un
ges
t ch
ild
was
bo
rn
afte
r h
is d
eath
. N
asee
m w
as
an e
lect
rici
an a
nd
had
a s
ho
p
in t
he
tow
n.
At
the
tim
e o
f th
is i
nci
den
t,
Nas
eem
was
on
bai
l. T
he
case
w
as r
elat
ed t
o a
fig
ht
wh
ich
h
app
ened
at
his
sh
op
. F
amil
y o
f N
asee
m s
ays
that
his
fr
ien
ds
trav
elin
g i
n t
hat
veh
i-cl
e h
ad o
ther
cri
min
al c
ases
o
n t
hem
an
d t
hey
wer
e k
no
wn
to
th
e p
oli
ce b
efo
re t
he
inci
-d
ent.
As
per
th
e fa
mil
y, p
oli
ce d
id n
ot
reg
iste
r an
y ca
se r
elat
ed t
o t
he
in-
cid
ent.
7 p
eop
le (
r/o
Ad
bar
an
d o
ther
vil
lag
es)
wer
e tr
avel
ing
in
a
pic
k u
p v
ehic
le a
rou
nd
mid
nig
ht.
Bh
iwad
i C
ob
ra f
orc
e, i
n a
S
wif
t D
esir
e ve
hic
le,
sho
t at
th
em n
ear
Kh
ori
vil
lag
e, b
efo
re
Bh
iwad
i. N
asee
m w
as s
itti
ng
in
mid
dle
, in
fro
nt
sid
e o
f th
e p
ick
up
veh
icle
. O
ne
sho
t w
as fi
red
on
him
wh
en h
e w
as
tryi
ng
to
lo
ok
bac
k f
rom
th
e w
ind
ow
in
th
e m
idd
le o
f th
e ve
hic
le.
Th
is h
it h
im f
rom
th
e fr
on
t, b
ull
et w
ent
thro
ug
h
fro
m t
he
left
sh
ou
lder
. F
amil
y w
as i
nfo
rmed
wh
en f
rien
ds
retu
rned
bac
k w
ith
in
jure
d N
asee
m.
He
was
tak
en t
o a
pri
vate
ho
spit
al (
situ
ated
on
Del
hi
road
, o
pp
osi
te B
alaj
i p
etro
l p
um
p),
bu
t fa
mil
y w
as s
oo
n a
sked
to
ta
ke
Nas
eem
to
oth
er h
osp
ital
. B
ut
Nas
eem
pas
sed
aw
ay
bef
ore
th
ey c
ou
ld r
each
to
th
e g
ove
rnm
ent
ho
spit
al.
Nas
eem
nar
rate
d t
he
inci
den
t to
th
e fa
mil
y b
efo
re h
e p
asse
d a
way
. F
amil
y ea
rlie
r w
ent
to t
he
pri
vate
ho
spit
al
thin
kin
g g
ove
rnm
ent
ho
spit
als
do
n’t
tre
at w
ell.
Eve
ryb
od
y in
th
e vi
llag
e, e
ven
ch
ild
ren
kn
ow
th
at h
e w
as
kil
led
by
gu
n.
Vil
lag
e el
der
s, s
ug
ges
ted
th
at s
ince
cas
es
agai
nst
po
lice
are
diffi
cult
to
pu
rsu
e. A
lso
, N
asee
m’s
fat
her
fe
ared
th
at p
oli
ce w
ill
imp
lica
te h
im o
r N
asee
m’s
bro
ther
s in
fal
se c
ases
. H
ence
, fa
mil
y d
id n
ot
atte
mp
t to
reg
iste
r F
IR
or
get
th
e p
ost
-mo
rtem
co
nd
uct
ed.
Aft
er N
asee
m,
his
fa-
ther
’s m
eag
re o
ld a
ge
pen
sio
n o
f R
s. 1
60
0 i
s th
e o
nly
so
urc
e o
f in
com
e fo
r N
asee
m’s
wif
e an
d c
hil
dre
n.
No
leg
al p
roce
edin
gs.
COUNTERING THE SILENCE
78
S.N
o.
Vic
tim
, In
cid
en
t P
oli
ce v
ers
ion
of
the
in
cid
en
t F
am
ily
’s t
est
imo
ny
L
eg
al
pro
cee
din
gs
4.
Ru
dd
ar
s/o
(la
te)
Usm
aan
an
d F
azri
.
r/o
vil
lag
e U
taw
ar,
blo
ck H
a-th
in,
dis
tric
t P
alw
al,
Har
yan
a.
May
20
16,
nig
ht.
nea
r B
hat
en v
illa
ge,
Ko
si,
dis
-tr
ict
Mat
hu
ra,
UP
Ru
dd
ar u
sed
to
ru
n a
gro
cery
an
d m
ob
ile
sho
p i
n t
he
vill
age.
He
was
mar
ried
, h
ad a
3 y
ears
o
ld s
on
. H
e w
as t
he
sole
b
read
win
ner
of
the
fam
ily
wh
ich
als
o i
ncl
ud
ed h
is a
gin
g
mo
ther
an
d t
hre
e yo
un
ger
si
bli
ng
s.
Info
rmat
ion
no
t av
aila
ble
. R
ud
dar
an
d h
is o
ther
fri
end
s w
ere
retu
rnin
g t
o t
he
vill
age
in a
pic
ku
p v
ehic
le a
fter
sel
lin
g c
attl
e. A
po
lice
veh
icle
was
p
ark
ed n
ear
Bh
aten
vil
lag
e, K
osi
, d
istr
ict
Mat
hu
ra,
UP
at
a p
lace
wh
ere
sin
gle
ro
ad m
eets
th
e D
elh
i-A
gra
Hig
hw
ay.
Po
lice
dir
ecte
d t
hem
to
sto
p t
hei
r ve
hic
le,
bu
t th
ey d
idn
’t
sto
p.
Po
lice
sta
rted
to
fo
llo
w a
nd
fire
at
them
. R
ud
dar
was
h
it b
y o
ne
bu
llet
. H
e w
as s
itti
ng
on
th
e co
nd
uct
or
sid
e o
f th
e ve
hic
le.
Eve
ryb
od
y g
ot
ou
t o
f th
e ve
hic
le a
nd
tri
ed t
o
esca
pe.
Sh
arif
was
als
o h
it b
y th
e b
ull
et i
n h
is r
igh
t le
g.
Ru
dd
ar c
alle
d h
is f
amil
y an
d h
is f
rien
d,
Sab
ir.
He
told
th
em
wh
at h
ad h
app
ened
an
d a
sked
fo
r h
elp
. B
ut
he
was
per
hap
s co
nfu
sed
ab
ou
t h
is l
oca
tio
n.
He
info
rmed
th
e fa
mil
y th
at h
e is
in
a j
un
gle
nea
r so
an
d s
o v
illa
ge,
bu
t th
e fa
mil
y co
uld
n’t
fi
nd
him
. M
ean
wh
ile,
Ru
dd
ar’s
ph
on
e w
as s
wit
ched
off
by
then
. N
ext
mo
rnin
g f
amil
y re
ceiv
ed a
cal
l fr
om
Ko
si P
S t
hat
h
is b
od
y h
as b
een
fo
un
d n
ear
ano
ther
vil
lag
e. W
hen
R
ud
dar
’s f
amil
y en
qu
ired
ab
ou
t h
is b
od
y, t
hey
wer
e th
reat
-en
ed a
nd
to
ld t
o b
e si
len
t, s
ince
a l
ot
of
med
ia w
as p
rese
nt
on
th
e sp
ot
at t
hat
tim
e. L
ater
at
nig
ht
that
day
po
lice
gav
e th
e b
od
y to
th
e fa
mil
y. R
ud
dar
’s p
ost
mo
rtem
was
co
nd
uct
-ed
in
th
e M
ath
ura
Dis
tric
t H
osp
ital
. B
ut
the
rep
ort
has
no
t b
een
giv
en t
o t
he
fam
ily.
Fam
ily
has
no
t b
een
giv
en a
co
py
of
FIR
file
d a
gai
nst
R
ud
dar
an
d h
is f
rien
ds.
Fam
i-ly
was
als
o n
ot
giv
en a
co
py
of
po
st-m
ort
em r
epo
rt o
f R
ud
dar
.
Po
lice
has
file
d c
ase
un
der
C
ow
Pro
tect
ion
Act
of
UP
ag
ain
st f
rien
ds
of
Ru
dd
ar w
ho
su
rviv
ed t
he
inci
den
t. T
hey
w
ere
arre
sted
, an
d a
re c
ur-
ren
tly
rele
ased
on
bai
l w
hil
e th
e ca
se i
s o
n t
rial
in
Mat
hu
ra
dis
tric
t co
urt
.
COUNTERING THE SILENCE
S.N
V
icti
m,
Inci
de
nt
Po
lice
ve
rsio
n o
f th
e i
nci
de
nt
Fa
mil
y’s
te
stim
on
y
Le
ga
l p
roce
ed
-in
gs
5.
Zah
id s
/o A
saru
d-
din
an
d M
ariy
am
and
Qar
ar (
19 y
ears
o
ld)
s/o
Nia
mat
r/o
vil
lag
e D
hu
la-
wat
, b
lock
Tao
ru,
dis
tric
t N
uh
, H
ar-
yan
a
May
31,
20
15 a
t 2
am
Nea
r B
anip
ur
Ch
ow
k,
NH
8
Qar
ar w
as u
nm
ar-
ried
. Q
arar
liv
ed
wit
h h
is a
un
t (B
ua)
in
Bad
akal
i an
d
wo
rked
as
a d
rive
r ca
rryi
ng
veg
etab
les
in a
pic
ku
p v
ehic
le.
Zah
id w
as m
arri
ed
and
had
tw
o c
hil
-d
ren
ag
ed 5
an
d 4
ye
ars
old
.
As
per
th
e M
agis
teri
al E
nq
uir
y, s
ub
mit
-te
d o
n 2
nd
Feb
20
16,
foll
ow
ing
is
wh
at
hap
pen
ed i
n t
he
inci
den
t:
On
th
e n
igh
t o
f 30
/31
May
20
15,
in a
p
ick
up
veh
icle
no
. R
J-0
5-G
A-9
781
tota
l se
ven
per
son
s n
amel
y, Q
arar
s/o
Ni-
yam
at, Z
ahid
ali
as P
agla
s/o
Nas
rud
din
, L
eela
ali
as J
un
aid
s/o
Jam
eel,
Fem
u s
/o
Zaf
ru,
Tar
eef
s/o
Has
an M
d.,
Irf
an s
/o
Ayu
b K
han
(al
l 6
of
them
res
iden
ts o
f vi
ll.
Dh
ula
wat
); a
nd
Sah
in s
/o A
sru
dd
din
r/
o F
akar
pu
r K
ho
ri (
Teh
sil
Nag
ina)
wer
e p
rese
nt
on
hig
hw
ay f
rom
Bh
iwad
i to
D
elh
i-Ja
ipu
r n
atio
nal
hig
hw
ay w
ith
th
e in
ten
tio
n o
f lo
ot.
Th
ey h
ad c
ou
ntr
y m
ade
pis
tols
an
d a
co
un
try
mad
e g
un
, w
hic
h p
oli
ce c
oll
ecte
d f
rom
th
e b
ack
sid
e o
f th
e p
ick
up
veh
icle
. P
oli
ce h
ad A
K4
8
rifl
es.
FS
L r
epo
rt s
tate
s th
at a
ll w
eap
on
s w
ere
in w
ork
ing
co
nd
itio
ns,
an
d b
ull
ets
wer
e fi
red
fro
m a
ll.
Th
ree
of
them
wer
e si
ttin
g a
t th
e fr
on
t,
and
fo
ur
at t
he
bac
ksi
de.
Qar
ar w
as d
riv-
ing
, an
d L
eela
an
d Z
ahid
wer
e si
ttin
g
alo
ng
wit
h h
im o
n c
on
du
cto
r si
de.
Po
-li
ce v
ehic
le w
as f
oll
ow
ing
th
eir
veh
icle
. P
oli
ce i
nd
icat
ed t
o t
hem
to
sto
p,
bu
t th
ey d
idn
’t.
Lat
er t
hey
to
ok
a u
-tu
rn a
nd
h
it t
he
po
lice
veh
icle
. F
irea
rms
wer
e ex
-ch
ang
ed.
Qar
ar w
as h
it,
and
he
die
d.
Res
t 6
of
them
, tr
ied
to
ru
n a
way
. S
ahin
w
as h
it b
y fi
rear
ms
on
his
lo
wer
bac
k.
He,
an
d I
rfan
wer
e ca
ug
ht
by
po
lice
. R
est
3 w
ere
succ
essf
ul
in e
scap
ing
. T
her
e w
ere
bu
llet
mar
ks
on
th
e p
oli
ce v
ehic
le,
on
th
e fr
on
t m
irro
r o
f ri
gh
t si
de.
Qar
ar
and
Sah
in w
ere
tak
en t
o h
osp
ital
. S
ahin
w
as l
ater
sh
ifte
d t
o P
GI
Ro
hta
k.
As
per
th
e fa
mil
y, b
efo
re B
anip
ur
Ch
ow
k o
n N
H8
, u
nd
er t
he
juri
sdic
tio
n o
f K
asau
la
po
lice
sta
tio
n, th
eir
veh
icle
was
fire
d u
po
n a
nd
sto
pp
ed b
y th
e p
oli
ce.
Jun
aid
so
me-
ho
w j
um
ped
ou
t o
f th
e ve
hic
le a
nd
esc
aped
. Q
arar
an
d S
ahin
wer
e w
ou
nd
ed b
y th
e p
oli
ce fi
rin
g. Z
ahid
’s d
ead
bo
dy
was
fo
un
d a
t a
dis
tan
ce o
f so
me
200
m i
n t
he
bu
shes
of
the
road
go
ing
to
war
ds
Ban
ipu
r vi
llag
e 4
day
s af
ter
this
in
cid
ent.
No
po
lice
man
was
in
jure
d a
lth
ou
gh
as
per
po
lice
sto
ry,
the
'cri
min
als’
in
th
e ve
hic
le h
ad fi
red
up
on
th
e p
oli
ce.
A r
epre
sen
tati
on
file
d o
n b
ehal
f o
f th
e fa
mil
ies
of
the
dec
ease
d r
aise
s q
ues
tio
ns
on
th
e p
oli
ce s
tory
bas
ed o
n t
he
foll
ow
ing
po
ints
:
Mag
iste
rial
en
qu
iry
did
no
t ta
ke
into
co
nsi
der
atio
n t
he
evid
ence
wh
ich
pro
ve t
he
inci
-d
ent
as a
cas
e o
f fa
ke
enco
un
ter.
Th
e st
atem
ents
of
the
surv
ivo
rs o
f th
e in
cid
ent
i.e.
Ir
fan
an
d S
ahin
wer
e n
ot
reco
rded
in
in
dep
end
ent
and
un
inti
mid
atin
g c
on
dit
ion
s.
As
per
sta
tem
ents
giv
en t
o t
he
Mag
iste
rial
en
qu
iry,
in
jure
d Q
arar
an
d S
ahin
wer
e se
nt
to h
osp
ital
in
an
am
bu
lan
ce u
nac
com
pan
ied
by
any
po
lice
man
. If
Qar
ar a
nd
Sa-
hin
wer
e so
cal
led
“cr
imin
als”
, th
en w
hy
no
po
lice
man
gu
ard
ed t
he
amb
ula
nce
. A
nd
if
Sah
in w
as a
cri
min
al t
hen
wh
y d
idn
't h
e tr
y to
esc
ape
in t
he
ho
spit
al s
ince
he
had
th
e o
pp
ort
un
ity.
Po
lice
cla
ims
that
a w
eap
on
was
rec
ove
red
fro
m S
ahin
, b
ut
the
reco
very
mem
o h
as n
o
sig
nat
ure
of
Sah
in.
Po
st m
ort
em r
epo
rt o
f Z
ahid
dat
ed 4
Ju
ne
2015
in
dic
ates
his
dat
e o
f d
eath
on
3 J
un
e 20
15.
Th
ou
gh
ep
ort
rec
ord
s va
rio
us
inju
ries
an
d w
orm
in
fect
ed b
od
y, b
ut
in c
on
clu
-si
on
it
wri
tes
that
cau
se o
f d
eath
can
no
t b
e m
ade
un
til
they
rec
eive
rep
ort
fro
m c
hem
-ic
al e
xam
inat
ion
, sc
ene
of
crim
e an
d p
ho
tog
rap
hs.
Zah
id’s
par
ents
say
th
at h
is b
od
y w
as b
eyo
nd
rec
og
nit
ion
, th
ey c
ou
ld r
eco
gn
ise
the
bo
dy
bec
ause
of
an o
ld m
ark
on
his
leg
an
d a
rin
g i
n h
and
.
It i
s as
sum
ed t
hat
po
lice
du
rin
g i
nve
stig
atio
n w
ou
ld h
ave
th
oro
ug
hly
sea
rch
ed t
he
area
s ar
ou
nd
th
e in
cid
ent.
Eve
n t
hen
, h
ow
is
it t
hat
Zah
id’s
bo
dy
was
fo
un
d m
erel
y 20
0 m
fro
m t
he
pla
ce o
f in
cid
ent
fou
r d
ays
late
r. T
he
tort
ure
mar
ks
on
Zah
id’s
bo
dy
ind
icat
e th
at h
e w
as p
erh
aps
tort
ure
d t
ill
dea
th i
n p
oli
ce c
ust
od
y p
ost
th
e in
cid
ent.
Po
st m
ort
em o
f Q
arar
was
co
nd
uct
ed i
n R
ewar
i o
n 3
1 M
ay 2
015
; re
po
rt c
on
clu
des
th
at
he
die
d d
ue
to e
xces
sive
ble
edin
g r
esu
ltin
g f
rom
‘Fir
earm
in
jury
’ in
ab
do
men
; d
ead
b
od
y o
f Q
arar
an
d i
nju
red
Sah
in s
/o A
shru
dd
in w
ere
bro
ug
ht
to t
he
ho
spit
al,
wit
h n
o
po
lice
per
son
nel
in
co
mp
any.
…..
Kas
aula
PS
, d
is-
tric
t R
ewar
i,
Har
yan
a fi
led
F
IR a
gai
nst
Za-
hid
, Q
arar
an
d
oth
ers
in t
he
FIR
N
o.
161/
2015
on
31
st M
ay 2
015
u
nd
er s
ecti
on
14
8,
149
, 33
2, 3
53,
186
, 30
7 o
f IP
C,
25,
54 a
nd
59
of
Arm
s A
ct a
nd
3
of
Pre
ven
tio
n o
f D
amag
e to
Pu
b-
lic
Pro
per
ty A
ct
198
4.
Tw
o o
f th
e ac
-cu
sed
wer
e co
n-
vict
ed,
wh
ile
on
e w
as a
cqu
itte
d.
Fam
ily
is p
rep
ar-
ing
to
file
a c
ase
in R
ewar
i d
is-
tric
t u
sin
g 1
6th
p
oin
t o
f th
e g
uid
elin
es l
aid
d
ow
n b
y th
e S
u-
pre
me
Co
urt
in
P
UC
L V
S S
tate
o
f M
ahar
ash
tra
[(20
14)
10 S
CC
6
35].
79
COUNTERING THE SILENCE
80
S.N
o.
Vic
tim
, In
cid
en
t P
oli
ce v
ers
ion
of
the
in
cid
en
t F
am
ily
’s t
est
imo
ny
L
eg
al
pro
cee
din
gs
6.
Ari
f K
han
, ag
ed 2
2 ye
ars
old
s/o
Ali
mu
dd
in
r/o
Nau
gao
n,
dis
tric
t A
lwar
, R
ajas
than
20.1
0.2
014
in f
ron
t o
f h
is h
ou
se i
n
Nau
gao
n,
dis
tric
t A
l-w
ar,
Raj
asth
an
Ari
f w
as s
oo
n g
oin
g t
o
be
mar
ried
. H
e w
as
stu
dyi
ng
B.C
om
(fi
nal
ye
ar)
at R
R C
oll
ege,
A
lwar
. H
e w
as a
t h
om
e fo
r a
vaca
tio
n.
Po
lice
sto
ry s
ays
that
on
e T
ahir
fr
om
th
e sa
me
vill
age
call
ed p
oli
ce-
man
Aja
y sa
yin
g t
hat
a s
usp
icio
us
Bo
lero
is
tak
ing
ro
un
ds
at t
he
hig
hw
ay.
An
d,
hen
ce t
he
po
lice
-m
en s
tart
ed f
oll
ow
ing
Ari
f’s
veh
i-cl
e.
On
th
e n
igh
t o
f th
e en
cou
nte
r, A
rif
was
ret
urn
ing
fro
m t
hei
r g
ro-
cery
sh
op
at
Bh
op
ali
cho
wk
in
Tap
uk
ra,
Alw
ar.
It i
s at
a d
ista
nce
of
3 k
ms
fro
m t
hei
r h
ou
se.
Ari
f’s
you
ng
er b
roth
er u
sual
ly r
un
s th
e sh
op
. B
ut
this
nig
ht,
Ari
f w
as a
lon
e in
th
e sh
op
. H
e re
turn
ed h
om
e in
th
eir
Bo
lero
car
(#
RJ-
2-U
P-2
627
). A
po
lice
jee
p w
as f
oll
ow
ing
his
car
fr
om
th
e h
igh
way
, an
d k
ept
on
fo
llo
win
g t
ill
he
par
ked
th
e ca
r in
fr
on
t o
f th
eir
ho
use
. A
s so
on
as
Ari
f st
op
ped
, h
e w
as s
till
sea
ted
in
-si
de
and
car
en
gin
e w
as o
n,
po
lice
men
cam
e o
ut
of
thei
r ca
r an
d
sho
t h
im.
Po
lice
veh
icle
sto
pp
ed a
t a
dis
tan
ce o
f 2
feet
.
Po
lice
man
Kai
lash
, S
edu
Ram
(h
ead
co
nst
able
), A
jay
Kr.
(d
rive
r)
and
Ram
Pra
tap
. K
aila
sh a
nd
Ram
Pra
tap
wer
e ca
rryi
ng
AK
47,
w
hil
e S
edu
Ram
had
a p
isto
l.
Th
e en
gin
es a
nd
lig
hts
of
bo
th t
he
veh
icle
s w
ere
stil
l o
n w
hil
e th
ey
sho
t h
im a
nd
ver
y so
on
fled
fro
m t
he
spo
t. A
rif
pas
sed
aw
ay o
n t
he
spo
t. H
e re
ceiv
ed t
hre
e b
ull
ets
inju
ries
. O
ne
of
the
bu
llet
s h
it S
edu
R
am a
s w
ell.
His
bo
dy
was
tak
en t
o a
ho
spit
al i
n G
uru
gra
m.
Bu
t it
was
giv
en b
ack
at
4am
aft
er f
aile
d a
ttem
pts
of
revi
vin
g h
im.
Lat
er i
n t
he
mo
rnin
g,
po
st m
ort
em w
as c
on
du
cted
at
Tap
uk
ra g
ove
rnm
ent
ho
spit
al. In
th
e h
osp
ital
, fa
mil
y re
cog
nis
ed t
he
po
lice
men
, w
ho
had
co
me
to g
et
Sed
u R
am t
reat
ed.
Fam
ily
con
fro
nte
d t
hem
, an
d e
ven
cli
cked
th
eir
ph
oto
s fo
r re
cord
.
FIR
was
file
d,
afte
r p
rote
sts
fro
m t
he
fam
ily
and
pu
bli
c. F
amil
y h
as
PM
rep
ort
co
py.
Fam
ily
also
met
CM
Raj
e. A
ccu
sed
Kai
lash
was
ar-
rest
ed a
fter
a w
eek
on
27t
h O
cto
ber
. H
e co
nfe
ssed
, b
ut
also
sta
ted
th
at h
e w
as n
ot
awar
e th
at t
he
gu
n w
as l
oad
ed,
and
th
at t
hey
hav
e re
ceiv
ed o
nly
3 d
ays
trai
nin
g t
o h
and
le a
gu
n l
ike
AK
47.
Th
e o
ther
th
ree
accu
sed
po
lice
men
als
o s
tate
d t
hat
Kai
lash
fire
d a
t A
rif.
Init
iall
y, p
oli
ce fi
led
an
FIR
u
nd
er s
ecti
on
30
7 o
f IP
C
agai
nst
th
e fo
ur
po
lice
men
ev
en t
ho
ug
h A
rif
had
die
d i
n
the
inci
den
t.
Th
e ch
arg
esh
eet
of
CB
-CID
fr
amed
on
ly o
ne
of
the
fou
r p
oli
cem
en u
nd
er s
ecti
on
s 30
2, 3
07
and
427
of
Ind
ian
P
enal
Co
de.
Th
e ca
se w
as t
ran
sfer
red
to
C
BI
on
req
ues
t o
f th
e fa
mil
y.
Bu
t C
BI’
s ro
le i
n t
he
inve
sti-
gat
ion
has
bee
n w
ors
e. T
hey
fr
amed
th
e p
oli
cem
an u
nd
er
sect
ion
30
4 (
neg
lig
ence
) o
f IP
C,
inst
ead
of
fram
ing
all
fo
ur
po
lice
men
un
der
sec
tio
n
302
of
IPC
.
Fam
ily
has
file
d a
n a
pp
eal
agai
nst
th
e ch
arg
esh
eet
of
CB
I in
Raj
asth
an H
igh
Co
urt
.
Acc
use
d K
aila
sh fi
led
fo
r b
ail
thri
ce i
n l
ow
er c
ou
rt a
nd
tw
ice
in h
igh
co
urt
. H
e w
as
giv
en b
ail
wh
en C
BI
file
d t
he
char
ges
hee
t w
ith
IP
C s
.30
4A
. T
he
accu
sed
po
lice
man
is
ou
t o
n b
ail
curr
entl
y, w
hil
e th
e o
ther
th
ree
wer
e n
ever
arr
est-
ed.
81
COUNTERING THE SILENCE
S.N
o.
Vic
tim
, In
cid
en
t P
oli
ce v
ers
ion
of
the
in
cid
en
t F
am
ily
’s t
est
imo
ny
L
eg
al
pro
cee
din
gs
7.
Far
id s
/o S
hri
Lal
lu a
lias
Ch
ee-
ma
r/o
Ru
nd
h V
illa
ge,
PS
K
ho
h, D
istr
ict
Bh
arat
pu
r, R
a-ja
sth
an
30 D
ec 2
013
, n
ear
vill
age
Gu
-la
lta,
dis
tric
t N
uh
, H
arya
na
As
per
po
lice
FIR
: In
form
atio
n r
e-ce
ived
at
4am
fro
m s
ecre
t so
urc
es
that
6-7
cri
min
als
wit
h w
eap
on
s ar
e tr
avel
ing
in
a B
ole
ro.
Th
ey h
ad
sto
len
a t
ract
or
and
a t
roll
ey a
nd
th
e B
ole
ro.
We
inte
rcep
ted
th
e B
ole
ro n
ear
Gu
lalt
a vi
llag
e. B
ole
ro
did
no
t st
op
wh
en i
nd
icat
ed s
o b
y u
s an
d i
nst
ead
th
e cr
imin
als
fire
d
up
on
po
lice
. P
oli
ce a
lso
fire
d i
n s
elf
def
ense
an
d a
s a
resu
lt a
ll c
rim
i-n
als
sto
pp
ed t
he
Bo
lero
an
d e
s-ca
ped
in
th
e fa
rm,
exce
pt
for
on
e w
ho
was
fo
un
d i
nju
red
an
d u
nco
n-
scio
us
in t
he
Bo
lero
.
On
29
Mar
ch 2
013
, F
arid
, o
n a
bik
e n
o.
RJ
05-S
F-6
427
, w
as
visi
tin
g r
elat
ives
in
vil
lag
e S
ing
alh
edi,
PS
Pu
nh
ana,
Dis
tric
t M
ewat
, H
arya
na.
He
met
Ham
id,
alo
ng
wit
h H
amid
's s
on
R
ahu
l an
d t
wo
oth
er p
erso
ns,
at
10p
m n
igh
t at
Bu
s st
atio
n
Sin
gal
hed
i. S
ud
den
ly,
a p
oli
ce v
ehic
le a
rriv
ed a
nd
6-7
po
-li
cem
en f
orc
efu
lly
pu
lled
Far
id i
nto
th
e ve
hic
le a
nd
wen
t aw
ay.
Ham
id t
ried
a l
ot
to g
et F
arid
fre
ed o
f p
oli
ce a
bd
uc-
tio
n, b
ut
po
lice
men
did
no
t st
op
an
d s
aid
th
ey a
re t
akin
g
him
fo
r in
terr
og
atio
n. F
arid
's b
ike
rem
ain
ed a
t S
ing
alh
edi
Bu
s S
tati
on
. O
n 3
0 D
ecem
ber
20
13 a
rou
nd
7.3
0 a
m,
Ayy
ub
rec
'd a
ph
on
e ca
ll f
rom
Zah
eer
Kh
an t
hat
po
lice
has
cal
led
fro
m M
an-
dik
hed
a H
osp
ital
an
d s
aid
th
at F
arid
has
a b
ull
et i
nju
ry a
nd
h
e n
eed
s b
loo
d.
Wh
en i
n s
om
etim
e A
yyu
b r
each
ed t
he
ho
s-p
ital
wit
h h
is f
amil
y m
emb
ers,
he
saw
th
ere
is l
ot
of
po
lice
. In
th
e h
osp
ital
he
fou
nd
Far
id i
s d
ead
an
d i
den
tifi
ed h
is
bo
dy.
Ayy
ub
was
th
reat
ened
by
the
po
lice
an
d f
orc
ed t
o
sig
n b
lan
k p
aper
s. T
hey
sai
d o
ther
wis
e th
ey w
ill
no
t g
ive
his
b
od
y to
th
e fa
mil
y, w
ill
bu
rn t
he
bo
dy
as u
nid
enti
fied
an
d
wil
l fu
rth
er i
mp
lica
te f
amil
y m
emb
ers
in f
alse
cas
es.
Fam
ily
reac
hed
bac
k t
o t
hei
r vi
llag
e ar
ou
nd
9.3
0p
m a
t n
igh
t af
ter
po
stm
ort
em o
f th
e b
od
y. B
od
y w
as b
uri
ed i
n t
he
vill
age
then
. N
ext
day
, A
yyu
b, H
amid
an
d o
ther
s m
et S
HO
of
Pu
nh
ana
PS
.
FIR
No
. 56
3 d
ated
31
Dec
em-
ber
20
13 u
/s 3
07,
332
, 35
3, 1
86
IP
C a
nd
25/
54/5
9 A
rms
Act
at
PS
Pu
nh
ana
94
3/13
on
30
.12.
13 a
t P
S N
uh
u
/s 3
80
IP
C b
y F
azru
ag
ain
st
un
kn
ow
n a
lleg
ing
th
eft
of
his
tr
acto
r b
etw
een
1-2
am
.
A p
etit
ion
was
file
d b
y th
e fa
mil
y in
Fir
st C
lass
Co
urt
, F
iro
zpu
r Z
irk
a, D
istr
ict
Nu
h
seek
ing
reg
istr
atio
n o
f co
m-
pla
int
agai
nst
P
rah
lad
Sin
gh
, S
I, I
nch
arg
e S
pec
ial
Po
lice
Sta
ff,
Dis
tric
t M
ewat
, J
aan
Md
. E
.A.S
.I.,
Y
ash
pal
Hav
ald
ar,
Su
be
Sin
gh
S
ipah
i, R
akes
h S
ipah
i, M
a-h
esh
Sip
ahi,
Raj
pal
E.A
.S.I
. S
pec
ial
Po
lice
Sta
ff,
Pu
nh
ana,
D
istr
ict
Mew
at u
nd
er s
ec-
tio
ns
302
and
120
of
Ind
ian
P
enal
Co
de.
Th
is p
etit
ion
was
d
ism
isse
d b
y th
e p
oli
ce.
COUNTERING THE SILENCE
82
S.N
o.
Vic
tim
, In
cid
en
t P
oli
ce v
ers
ion
of
the
in
cid
en
t F
am
ily
’s t
est
imo
ny
L
eg
al
pro
cee
din
gs
8.
Jasm
aal,
ag
e 31
yea
rs o
ld
r/o
Gu
rak
sar,
Hat
hin
, P
alw
al
5th
Sep
20
11,
nea
r h
is v
illa
ge.
He
was
mar
ried
an
d h
ave
5 ch
ild
ren
. H
e w
as a
far
m l
a-b
ou
rer
by
pro
fess
ion
. Ja
smaa
l h
ad n
o c
rim
inal
cas
e in
pas
t.
No
t k
no
wn
A
s p
er t
he
fam
ily,
Jas
maa
l w
as i
nvo
lved
wit
h a
lo
cal
gan
g
for
pas
t fe
w d
ays
wh
en o
n 5
th S
epte
mb
er 2
011
, th
e g
ang
’s
veh
icle
was
fire
d u
po
n b
y p
oli
ce a
t n
igh
t. J
asm
aal
wh
o w
as
sitt
ing
at
the
bac
k s
ide
of
the
veh
icle
(T
ata
40
7 te
mp
o),
was
h
it b
y b
ull
et f
rom
beh
ind
. T
he
gan
g m
emb
ers
esca
ped
an
d
by
earl
y m
orn
ing
dro
pp
ed i
nju
red
Jas
maa
l o
ne
end
of
the
vill
age.
Jas
maa
l w
as s
till
bre
ath
ing
wh
en h
e w
as d
isco
vere
d
by
the
vill
ager
s. F
amil
y sa
ys t
hat
he
him
self
nar
rate
d t
he
inci
den
t b
efo
re h
e d
ied
.
Vil
lag
e le
ader
s/P
anch
as d
ecid
ed n
ot
to p
urs
ue
this
cas
e si
nce
a g
ang
was
in
volv
ed.
Th
ere
is n
o F
IR o
r m
edic
al r
ec-
ord
of
Jasm
aal’s
dea
th.
No
leg
al p
roce
edin
gs
wer
e in
itia
ted
by
the
fam
ily.
Leg
al p
roce
edin
gs
by
po
lice
o
n t
he
surv
ivo
rs o
f th
e in
ci-
den
t ar
e n
ot
kn
ow
n.
COUNTERING THE SILENCE
S.N
o.
Vic
tim
, In
cid
en
t P
oli
ce v
ers
ion
of
the
in
cid
en
t F
am
ily
’s t
est
imo
ny
L
eg
al
pro
cee
din
gs
9.
Ajm
at s
/o (
late
) S
aad
iq
r/o
vil
lag
e M
amli
ka,
dis
tric
t N
uh
, H
arya
na
Nas
eem
s/o
Lia
qat
ali
as B
arb
a-ri
r/o
vil
lag
e S
ing
ar,
blo
ck P
un
-h
ana,
dis
tric
t N
uh
, H
arya
na.
17 M
ay 2
011
at
aro
un
d 2
:30
am
Nea
r K
otv
an c
hec
k p
ost
nea
r K
osi
Bo
rder
; in
Pai
nth
ka,
Ko
si,
nea
r G
yan
dee
p S
cho
ol,
G
ova
rdh
an c
ho
wk
; D
istr
ict
Mat
hu
ra,
Utt
ar P
rad
esh
Ajm
at w
as m
arri
ed a
nd
had
4
chil
dre
n.
Nas
eem
was
als
o
mar
ried
, h
ad n
o c
hil
dre
n.
Bo
th o
f th
em w
ere
dri
vers
by
pro
fess
ion
.
As
per
a n
ewsp
aper
rep
ort
, an
8-
mem
ber
gan
g t
rave
lin
g i
n a
n I
nn
o-
va c
ar l
oo
ted
at
seve
ral
pla
ces,
an
d
also
cap
ture
d c
ivil
ian
s as
ho
stag
e.
A f
arm
wo
rker
ale
rted
th
e p
oli
ce.
Th
e g
ang
lo
ote
d a
can
ter
(bel
on
gin
g t
o d
rive
r O
mve
er a
nd
a
clea
ner
Mah
end
ra)
nea
r G
yan
dee
p
Sch
oo
l n
ear
Go
vard
han
ch
ow
k a
nd
ro
bb
ed a
du
mfe
r o
n B
har
atp
ur
road
. P
oli
ce i
nte
rcep
ted
th
e g
ang
in
th
is a
rea
(nea
r K
otv
an c
hec
k
po
st)
at 2
.30
am a
nd
fire
d u
po
n
them
wh
en t
hey
wer
e tr
yin
g t
o
esca
pe.
Po
lice
men
Ris
hip
al S
ing
h,
SI
Jayp
al s
ing
h,
Jayp
al,
Co
nst
able
M
ayar
am,
Om
kar
sin
gh
of
Ko
si
than
a an
d B
P S
ing
h (
of
Bar
san
a th
ana)
wer
e in
volv
ed i
n t
he
en-
cou
nte
r. T
wo
of
the
gan
g m
emb
ers
wer
e in
jure
d a
nd
cap
ture
d b
y p
o-
lice
, w
hil
e o
ther
s es
cap
ed.
On
e w
as
iden
tifi
ed a
s N
asee
m s
/o L
iaq
at o
f vi
llag
e S
ing
ar,
wh
ile
oth
er w
as n
ot
iden
tifi
ed.
Nas
eem
an
d A
jmat
wer
e tr
avel
ing
in
a t
ruck
wh
en t
hey
w
ere
fire
d u
po
n b
y p
oli
ce a
s so
on
as
they
rea
ched
Ko
si b
or-
der
. F
amil
y sa
ys A
jmat
an
d N
asee
m w
ere
retu
rnin
g h
om
e,
in t
ime
to a
tten
d N
asee
m’s
sis
ter’
s m
arri
age.
On
17t
h M
ay 2
011
, fa
mil
y g
ot
to k
no
w t
hro
ug
h m
edia
new
s th
at N
asee
m a
nd
Ajm
at h
ave
bee
n k
ille
d i
n a
n e
nco
un
ter.
Des
pit
e se
vera
l eff
ort
s o
f th
e fa
mil
y, P
oli
ce d
idn
’t h
and
ove
r th
e b
od
y to
th
e fa
mil
y. F
amil
y w
as o
nly
all
ow
ed t
o s
ee t
he
bo
dy.
Nas
eem
’s b
od
y h
ad b
ull
et i
nju
ries
on
hea
d,
sho
uld
er,
wai
st a
nd
up
per
th
igh
are
a. O
n 1
9th
May
20
11,
Po
lice
fo
rced
th
e fa
mil
y to
bu
ry N
asee
m’s
bo
dy
at a
bu
rial
gro
un
d i
n K
ar-
bal
a, A
ura
ng
abad
, M
ath
ura
(n
ear
rad
io s
tati
on
). P
oli
ce r
e-m
ain
ed p
rese
nt
du
rin
g t
he
bu
rial
an
d i
n f
act,
fo
r n
ext
six
mo
nth
s p
oli
ce k
ept
the
bu
rial
gro
un
d u
nd
er s
urv
eill
ance
by
sett
ing
up
a t
emp
ora
ry c
ho
wk
i. W
hen
fam
ily
enq
uir
ed
abo
ut
the
inci
den
t fr
om
th
e p
eop
le w
ho
wo
rked
in
th
e sh
op
s w
her
e p
oli
ce fi
red
, a
ho
tel
per
son
to
ld t
he
fam
ily
that
N
asee
m a
nd
Ajm
at w
ere
sto
pp
ed b
y p
oli
ce,
enq
uir
ed b
y th
em a
nd
wer
e th
en t
old
to
go
. B
ut
as t
hey
wer
e le
avin
g,
they
wer
e sh
ot
seve
ral
tim
es,
and
kil
led
bru
tall
y. T
hey
in
-fo
rmed
th
e fa
mil
y th
at A
jmat
an
d N
asee
m d
ied
on
th
e sp
ot.
P
oli
ce fi
red
ou
t o
f su
spic
ion
th
at t
hei
r ve
hic
le w
as a
sto
len
ve
hic
le.
Ho
wev
er,
po
lice
co
uld
no
t p
rove
th
at i
t w
as a
sto
-le
n v
ehic
le.
Th
e ve
hic
le b
elo
ng
ed t
o t
he
per
son
fo
r w
ho
m
Ajm
at w
ork
ed a
s a
dri
ver.
On
th
e o
ther
han
d,
Ajm
at’s
fam
ily
was
in
form
ed o
nly
th
ree
day
s af
ter
the
enco
un
ter
wh
en p
oli
ce c
alle
d a
t P
S P
un
han
a,
wh
o i
n t
urn
in
form
ed A
mee
n (
a re
lati
ve o
f A
jmat
). B
y th
e ti
me
fam
ily
cou
ld r
each
Mat
hu
ra,
Ajm
at’s
bo
dy
was
alr
ead
y b
uri
ed b
y p
oli
ce.
Fam
ily
says
th
at t
he
Mat
hu
ra p
oli
ce a
fter
5-6
mo
nth
s vi
sit-
ed t
hei
r re
lati
ve t
o m
ake
enq
uir
ies
abo
ut
the
bac
kg
rou
nd
of
Nas
eem
an
d h
is c
rim
inal
rec
ord
. P
oli
ce a
lso
en
qu
ired
ab
ou
t A
jmat
’s b
ack
gro
un
d p
ost
en
cou
nte
r, b
ut
did
no
t fi
nd
an
y-th
ing
ag
ain
st h
im.
Nas
eem
’s f
ath
er w
rote
a l
ette
r to
NH
RC
req
ues
tin
g t
hei
r in
terv
enti
on
to
see
k t
he
bo
dy
of
Nas
eem
so
th
at f
amil
y co
uld
per
form
las
t ri
tes.
Ko
si P
oli
ce r
egis
tere
d F
IR N
o.
331/
10 d
ated
17
Jun
e 20
17
agai
nst
Ajm
at a
nd
Nas
eem
u
nd
er s
ecti
on
30
7 o
f IP
C.
Ajm
at a
nd
Nas
eem
’s f
amil
ies
rece
ived
co
mp
ensa
tio
n f
rom
N
HR
C.
Bu
t n
o f
orm
al c
ase
was
reg
iste
red
ag
ain
st t
he
gu
ilty
po
lice
men
.
83
COUNTERING THE SILENCE
84
S.N
o.
Vic
tim
, In
cid
en
t P
oli
ce v
ers
ion
of
the
in
cid
en
t F
am
ily
’s t
est
imo
ny
L
eg
al
pro
cee
din
gs
10.
Sal
im,
age
28 y
ears
old
r/o
vil
lag
e S
ahsa
n,
dis
tric
t B
har
atp
ur,
Raj
asth
an
15 M
ay 2
010
, in
Mat
hu
ra u
nd
er
juri
sdic
tio
n o
f F
arah
po
lice
st
atio
n.
He
was
mar
ried
an
d h
ave
fou
r ch
ild
ren
. H
e w
as a
mec
han
ic
by
pro
fess
ion
.
No
t k
no
wn
. P
ost
an
acc
iden
t in
th
e ye
ar 2
00
9,
Sal
im s
ust
ain
ed h
ead
in
juri
es s
ub
seq
uen
tly
lead
ing
to
par
alys
is.
Ear
lier
, h
e w
as
bei
ng
tre
ated
in
Jai
pu
r, l
ater
he
star
ted
tre
atm
ent
in M
ath
u-
ra.
On
15
May
20
10,
wh
ile
he
was
vis
itin
g M
ath
ura
wit
h h
is
two
rel
ativ
es.
As
per
a m
edia
rep
ort
, F
arah
po
lice
in
terc
ept-
ed t
hem
bec
ause
th
ey c
ou
ld n
ot
sho
w a
dri
vin
g l
icen
ce a
nd
la
ter
too
k S
alim
in
cu
sto
dy.
Th
e re
lati
ves
wer
e fo
rced
to
go
h
om
e an
d t
old
to
get
Sal
im r
elea
sed
wh
en t
hey
co
me
bac
k
wit
h t
hei
r li
cen
ce.
Nex
t d
ay,
fam
ily
read
in
th
e n
ews
that
Sal
im h
as b
een
kil
led
in
an
en
cou
nte
r. S
alim
had
3-4
bu
llet
wo
un
ds
in h
is b
od
y in
clu
din
g i
n h
ead
an
d c
hes
t. P
oli
ce r
efu
sed
to
giv
e th
e b
od
y o
r th
e d
ocu
men
ts t
o t
he
fam
ily.
Po
lice
to
ld t
hem
to
bu
ry
the
bo
dy
ther
e it
self
an
d t
hat
th
ey c
an’t
tak
e it
to
th
eir
vil-
lag
e. P
oli
ce b
uri
ed t
he
bo
dy
at K
arb
ala
sam
e n
igh
t w
ith
ou
t th
e p
rese
nce
of
fam
ily.
Wh
en f
amil
y vi
site
d t
his
pla
ce t
he
nex
t d
ay,
po
lice
was
alr
ead
y p
rese
nt.
Th
ey t
hre
aten
ed t
he
fam
ily
wit
h a
rres
ts i
f th
ey w
ere
no
t le
avin
g t
he
site
im
med
i-at
ely.
As
per
th
e m
edia
rep
ort
s, f
amil
y p
lead
ed t
o t
he
Su
-p
rem
e C
ou
rt t
o r
estr
ain
th
e p
oli
ce f
rom
dis
po
sin
g o
f S
alim
’s
bo
dy.
No
t k
no
wn
.
COUNTERING THE SILENCE
11.
Jah
ul
s/o
(la
te)
Ph
attu
an
d
Ch
hu
tni
r/o
vil
lag
e A
ali,
Hat
hin
blo
ck,
dis
tric
t P
alw
al,
Har
yan
a.
17.0
3.20
10
nea
r fo
rest
s o
f T
ehra
vil
lag
e,
Vri
nd
avan
, M
ath
ura
Dis
tric
t,
Utt
ar P
rad
esh
He
was
mar
ried
hav
e tw
o c
hil
-d
ren
ag
ed 1
3 an
d 9
yea
rs o
ld.
He
wo
rked
as
a d
rive
r at
a
con
stru
ctio
n s
ite
in C
hh
atti
s-g
arh
.
As
per
med
ia s
tori
es,
po
lice
en
-co
un
tere
d J
ahu
l af
ter
he
loo
ted
a
jew
elry
sh
ow
roo
m i
n M
ath
ura
. H
is
oth
er ‘g
ang
’ mem
ber
s es
cap
ed t
he
enco
un
ter.
Jah
ul
was
sai
d t
o h
ave
bee
n i
nvo
lved
in
th
efts
an
d h
e h
ad
a re
war
d o
f R
s. 5
0,0
00
on
him
.
Po
lice
sto
ry i
s th
at J
ahu
l an
d o
th-
ers
loo
ted
a j
ewel
ry s
ho
wro
om
in
M
ath
ura
. Ja
hu
l w
as t
ack
led
an
d
enco
un
tere
d b
y p
oli
ce,
wh
ile
oth
er
mem
ber
s o
f h
is g
ang
are
ab
sco
nd
-in
g.
Acc
ord
ing
to
th
e F
IR w
hen
th
e p
oli
ce w
ere
foll
ow
ing
th
e g
ang
wh
o
wer
e in
th
eir
veh
icle
, th
ey s
tart
ed
firi
ng
on
th
em w
ith
th
e in
ten
tio
n
to k
ill
them
. O
ne
of
the
bu
llet
s fi
red
hit
a p
oli
cem
an i
n h
is b
ull
et
pro
of
jack
et.
Th
e p
oli
ce w
hil
e p
ut-
tin
g t
hei
r li
ves
in d
ang
er a
lso
sta
rt-
ed fi
rin
g a
t th
em a
s a
mea
ns
of
self
-def
ence
. T
her
e w
as a
lso
a c
oll
isio
n
bet
wee
n t
he
two
veh
icle
s an
d 1
ve
hic
le (
Bo
lero
) fe
ll i
nto
a d
itch
. T
he
gan
g s
tep
ped
ou
t o
f th
e ca
r an
d s
tart
ed fi
rin
g a
t th
e p
oli
ce a
nd
th
en e
scap
ed i
nto
th
e ju
ng
le.
Th
e fi
rin
g c
on
tin
ued
. an
d t
he
po
lice
ev
en t
hre
aten
ed t
hem
to
su
rren
der
b
ut
they
did
no
t st
op
firi
ng
. G
ang
m
emb
ers
wer
e in
jure
d b
y p
oli
ce
wo
un
d,
bu
t th
ey s
ucc
eed
ed i
n e
s-ca
pin
g. T
he
inju
red
po
lice
men
w
ere
sen
t aw
ay f
or
imm
edia
te
med
ical
tre
atm
ent.
Th
e re
mai
nin
g
po
lice
men
fo
un
d t
hat
on
e o
f g
ang
m
emb
er w
as l
yin
g t
her
e an
d s
ince
th
ere
wer
e n
o t
race
s o
f li
fe l
eft
in
him
he
was
no
t ta
ken
to
th
e h
osp
i-ta
l. W
eap
on
an
d b
ull
ets
fou
nd
n
ear
him
wer
e se
aled
.
Jah
ul
wo
rked
as
a d
rive
r w
ith
Am
ar B
uil
der
s D
urg
36
Co
m-
pan
y, C
hh
atti
sgar
h.
On
11.
03.
2010
, h
is m
ob
ile
ph
on
e co
n-
tain
ing
th
e S
IM t
o t
he
ph
on
e n
um
ber
80
853
7876
6,
was
sto
-le
n.
Few
day
s la
ter,
wh
ile
he
was
sea
rch
ing
fo
r it
th
e p
erso
n
wit
h w
ho
m h
is p
ho
ne
was
, as
ked
him
to
mee
t n
ear
us
stan
d
in R
ajn
and
vil
lag
e, C
hh
atti
sgar
h.
On
16
.03.
2010
, Ja
hu
l w
ent
to t
he
bu
s st
and
wit
h h
is c
oll
eag
ues
Ale
em K
han
an
d
Kh
urs
hid
. B
ut
few
men
in
a w
hit
e In
dic
a ca
r ab
du
cted
Ja-
hu
l. J
ahu
l’s c
oll
eag
ues
in
form
ed t
he
loca
l p
oli
ce,
bu
t n
o a
c-ti
on
was
tak
en.
Bet
wee
n 1
1.0
3.20
10 a
nd
16
.03.
2010
, w
hen
fam
ily
in H
arya
na
trie
d t
o c
all
they
wer
e to
ld b
y an
un
kn
ow
n t
hat
th
e p
ho
ne
wil
l so
on
be
retu
rned
to
Jah
ul.
Bu
t la
ter
the
ph
on
e w
as
swit
ched
off
.
On
18
.03.
2010
at
aro
un
d 2
am,
fam
ily
was
in
form
ed b
y th
e p
oli
ce t
hat
Jah
ul
has
bee
n k
ille
d i
n a
n e
nco
un
ter
in A
u-
ran
gab
ad,
Mat
hu
ra.
Wh
en t
he
fam
ily
reac
hed
Mat
hu
ra,
they
no
tice
d t
wo
bu
llet
wo
un
ds
(in
his
mo
uth
an
d s
tom
-ac
h)
and
to
rtu
re m
ark
s o
n h
is d
ead
. P
oli
ce k
ept
on
th
reat
-en
ing
th
e fa
mil
y an
d d
elay
ing
wh
en f
amil
y tr
ied
to
tak
e Ja
hu
l’s b
od
y h
om
e. F
amil
y w
as f
orc
ed t
o b
ury
th
e b
od
y in
a
secl
ud
ed p
lace
so
mew
her
e in
Mat
hu
ra,
and
th
ey w
ere
no
t ev
en a
llo
wed
to
off
er p
raye
rs d
uri
ng
th
e b
uri
al.
Po
lice
file
d t
wo
FIR
s re
late
d
to t
he
inci
den
t o
n 1
7.0
3.20
10
i.e.
FIR
No
. 22
9/1
0 u
nd
er s
ec-
tio
ns
147,
14
8,
149
, 30
7, 5
04
, 50
6 o
f IP
C a
nd
FIR
No
. 23
0/1
0
un
der
sec
tio
n 2
5 o
f A
rms
Act
(t
her
e is
on
e m
ore
FIR
).
Jah
ul’s
mo
ther
Ch
hu
tni
wro
te
a le
tter
to
NH
RC
des
crib
ing
th
e w
ho
le i
nci
den
t, r
aisi
ng
d
ou
bts
ove
r th
e p
oli
ce s
tory
an
d s
eek
ing
mo
net
ary
sup
-p
ort
to
rai
se t
he
chil
dre
n o
f Ja
hu
l. T
he
cop
y o
f th
is l
ette
r w
ere
also
sen
t to
Pri
me
Min
-is
ter
of
Ind
ia,
Ho
me
Min
iste
r o
f In
dia
an
d C
hie
f M
inis
ter
of
Utt
ar P
rad
esh
.
A n
oti
ce w
as i
ssu
ed b
y D
elh
i S
essi
on
s C
ou
rt o
n 1
2.0
1.16
, d
irec
tin
g t
he
con
cern
ed S
HO
to
file
th
e re
po
rt o
n ‘d
eath
of
accu
sed
Jah
ul’.
No
fu
rth
er i
nfo
rmat
ion
ava
il-
able
. B
ut
the
fam
ily
has
no
t b
een
ab
le t
o p
rocu
re d
eath
ce
rtifi
cate
of
Jah
ul.
Nei
ther
th
ey h
ave
bee
n g
ran
ted
an
y co
mp
ensa
tio
n n
or
the
gu
ilty
p
oli
cem
en w
ere
pro
secu
ted
.
85
COUNTERING THE SILENCE
86
ANNEXE – V
Statement of recommendations by UN Special Rapporteur on extrajudicial, summary or arbitrary executions (2012); progress of implementation by India (2015); and our own remarks on the recommendations, based on Citizens Against Hate (CAH) fact finding investigation (2018). These last, mostly confirm SR’s update of 2015, informed by insights from the cases we studied.
Recommendations (2012) Progress CAH remarks based on fact finding
Violation of the right to life by state actors
# 1. India should swiftly enact the Prevention of Torture Bill and ensure its compliance with the Convention against Tor-ture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
No Not implemented yet.
Torture a common theme in Extraju-dicial Executions we investigated
# 4. Section 46 of the Criminal Procedure Code and legisla-tion in all states regarding use of force, including the excep-tional use of lethal force, by all security officers should be reviewed to ensure compliance with international human rights law principles of proportionality and necessity.
No Not implemented yet.
Excessive force common theme in cases investigated
# 5. Section 197 of the Criminal Procedure Code should be reviewed in order to remove any legal barriers for the crimi-nal prosecution of a public servant, including the need for prior sanction from the Government before cognizance can be taken of any offence by a public servant for criminal pros-ecution.
Partially In the cases investigated, we came across no case where officers respon-sible were being investigated
# 8. India should ensure that the registration of First Infor-mation Reports is prompt and made mandatory in all cases of unlawful killings and death threats. The authorities should put in place an independent mechanism to monitor the registration of such Reports following any request to do so, and to punish law enforcement officials who refuse to register them.
NO Not implemented yet.
FIRs are mostly not recorded of mur-der.
Police use identical set scenarios in FIRs across multiple cases.
9. India should ensure that command and/or superior re-sponsibility is applied for violations of the right to life by security officers.
No Senior police officers have been ac-cused by victims – in testimonies - of directly instigating the killings. and UP CM has publically claimed use of encounters as a means of crime con-trol (UP). Haryana CM was reported felicitating a senior police officer from UP for being ‘encounter cop’, and a role model.
Fight Against Impunity
12. India should put in place a mechanism of regular review and monitoring of the status of implementation of the direc-tives of the Supreme Court and the National Human Rights Commission guidelines on arrest, encounter killings, and custodial violence and death.
Sufficient information not provided to assess pro-gress.
We asked this question of NHRC in a RTI application. WE have not re-ceived this information yet.
Our assessment if no proactive action has been taken by SC and NHRC to monitor whether guidelines are being followed.
13. The establishment and effective functioning of the Inde-pendent Police Complaints Authorities should be made a priority in all states.
do We are not aware of this mechanism working.
14. Compensation in cases of killings cannot play the role of replacement for criminal prosecutions and punishment. Alongside payment of compensation to the victims or their families, India should ensure that criminal investigations, prosecutions and trials are launched and conducted in a swift, effective and impartial manner in all cases of unlawful
Partially im-plemented
In a few cases, NHRC has ordered compensation, but we are not aware of prosecution even in those cases.
COUNTERING THE SILENCE
15. Promotions and other types of awards for security officers suspected to have been involved in unlawful killings, includ-ing through encounters, should not be granted until a prop-er clarification of facts.
Sufficient information not provided
There are various cases of police offic-ers identified in encounters, being rewarded with commendations and service promotions.
Moreover, UP govt reportedly has a scheme for rewarding officers appre-hend criminals.
16. Autopsies should be carried out in conformity with inter-national standards, and families of victims should have full and easy access to autopsy reports, death certificates and other relevant documentation to allow them to proceed with the closure of the cases.
Sufficient information not provid-ed..
Out fact finding revealed, most fami-lies not provided these documents, in fact many prevented from getting these. For families trying to obtain these, the struggle is hard. In cases where autopsy conducted, not in ac-cordance with international practice, also in violation of SC and NHRC guidelines.
17. The Nanavati-Mehta Commission, and all currently func-tioning commissions of inquiry on various violations of the right to life, should ensure that their findings are published in a swift and transparent manner.
Not imple-mented
Not applicable
18. India should consider launching a process of reflection upon the need to reform its judiciary with the aim of reduc-ing the length of judicial proceedings and strengthening the independent functioning of the judiciary.
Sufficient information not provided
Not applicable
19. A credible Commission of Inquiry into extrajudicial exe-cutions in India, or at least the areas most affected by extra-judicial executions, which inspires the confidence of the people, should be appointed by the Government. The Com-mission should also serve a transitional justice role.
Partially im-plemented
No reports of commission of enquiry into these executions in UP and Har-yana, despite wide public information and outcry. NHRC has issued notices to UP state. But nothing is available in the public realm on the outcome.
Killing of vulnerable persons
20. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act should be reviewed with the aim of ex-tending its scope to Dalit Muslims and Dalit Christians.
Partially? Many victims in cases investigated by CAH belong to lower caste among Muslims. They are not included in the definition of the SC SC Act 2015.
21. The criminal legislation should be reviewed to ensure that all gender-based killings, as well as killings of any mem-ber of a tribe or lower caste receive high sentences, possibly under the form of life imprisonment.
Partially We have not come across any in-stance of an official being prosecuted and convicted.
22.An effective witness and victim protection programme should be established.
NO Almost all cases investigated had sur-vivor families and witnesses living in fear of police reprisal, and deciding not to press cases, or doing so only in the very rare case. Absence of victim and witness protection programme hampers access to justice.
Information and awareness-raising campaigns should be launched to raise the level of knowledge of human rights and access to justice of the public at large, with a particular focus on vulnerable persons such as women and members of tribes and lower castes. Legal aid mechanisms for these vul-nerable persons should be devised to enable them to seek protection, justice and redress in cases of violation of their rights.
Sufficient information not provided to assess pro-gress.
These cases of illegal execution are touted by state authorities including the heads of governments, as valid methods for fighting crime. These create in the minds of public servants legitimacy for these illegal acts.
87
COUNTERING THE SILENCE
88
NHRC
26. A legal basis should also be put in place to enable the extension of the period of one year under which the Nation-al Human Rights Commission can consider cases.
NO We came across many cases of execu-tions in the past, where victims could not take the cases forward including through NHRC processes, because of lack of information, ongoing pres-sures and the need to get on with life.
27. The National Human Rights Commission should issue guidelines on the conduct of inquests and autopsies in all cases of unlawful killings.
NO Guidelines on conduct of autopsies/Post mortem report have been have been issued. But what is missing is any tracking of the enforcement of those guidelines. Families we spoke with, not a part of those processes. And RTI questions from states and NHRC have not revealed much.
28. The independence and functioning of State human rights commissions should be reviewed to ensure compliance with the Principles relating to the status of national institutions.
NO We found no role of SHRCs in the cases. Despite widespread killings, no action by them to question police or get even a report on them.
Cooperation and engagement with International organ-isations
29. The practice of inviting United Nations special proce-dures should continue, especially in areas where interna-tional concern has been expressed, such as torture, counter-terrorism measures, enforced disappearances and minority rights. The recommendations made in 2012 by the Special Rapporteur on the situation of human rights defenders should be given serious consideration with a view to their implementation.
Partially The 2012 visit by the SR (on ESAE) and follow up of his recommenda-tions had positive impact in Mani-pur, where according to activists, ex-tra judicial executions, widespread in the past, have largely stopped. Need for HRC to keep up the engagement, however frustrating it might be, with the Government of India, in the in-terest of justice for victims in the re-cent case of executions in Uttar Pra-desh and Haryana too.
30. Ratification of the following treaties should take place promptly: (a) the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol; and (b) the International Convention for the Protection of All Persons from Enforced Disappear-ance.
NO No
31. Ratification of the following instruments should be con-sidered: (a) the two Optional Protocols to the International Covenant on Civil and Political Rights; (b) the Optional Pro-tocol to the Convention on the Elimination of All Forms of Discrimination against Women; (c) the Rome Statute of the International Criminal Court; and (d) the two Protocols ad-ditional to the Geneva Conventions.
NO NO
COUNTERING THE SILENCE
Information to be sought from the family:
1. Victim detai ls a. Name b. Age c. Profession d. Family members/dependents e. What links did the vict im have with the Police before the incident, i f any?
2. Case
a. When did the fami ly come to know about the encounter? Were they informed about i t by the police? What were they informed about?
b. How many people were ki l led and injured? Were the injured provided medical treat-ment? Who bore the cost of the treatment?
c. Did the family receive dead body? Where was post -mortem conducted? Who con-ducted the post -mortem? Detai ls .
d. Was FIR regis tered? By police or family? Under what sections of law/what were the circumstances recorded? Does the fami ly agree with the version of the incident re-ported by police in FIR?
e. Has there been any enquiry into the case? Who is the enquiry officer? f . Did police/Magistrate record s tatements of family members or any witness which
fami ly know of? g. Did medical officer or magistrate record the s tatements of the injured? h. Has the family engaged any lawyer? i . Who are the accused as per the fami ly? Names, designation, police s tation. j . In the knowledge of the family, were the accused persons arrested? What is the bai l
status? k. Has there been any order from the court in the case? Any convictions? l . Was the fami ly granted any compensation? m. Has the family filed any complaint in court? n. Is there any cross case on the deceased and the injured? ( l ink to point d above)
3. Family’s socio -economic condition and needs, post the incident.
a. If the main bread winner, how has the fami ly been making both ends meet? b. If not , what has been the financia l impact of the ki l l ing? Widow, chi ldren, parents? c. Whether the ki l l ing has also been socia lly s tigmatizing for the fami ly? d. Any other impact on the family : loss of jobs , loss of education, fear and harassment
by police Information to be sought from the Police or collected through RTI: a. Purpose of encounter and narration of the incident. b. Under what section of law is the FIR in the case regis tered? c. Did police inform the fami ly about the incident? d. Who is the enquiry officer? Is the investigat ion being “conducted by the CID or po-
lice team of another police s tation under the supervision of a senior officer (at least a level above the head of the police party engaged in the encounter)”?
e. What is the s tatus of the enquiry (by independent agency and the one by the magis-trate)?
f . Were NHRC’s guidelines on custodia l/encounter ki l l ings/death in police action fo l-lowed, and appropriate reports sent to courts and NHRC?
- death entered in an appropriate register in Police s tation - Superintendent of Police (SP) informed NHRC of death in ‘police action’ , wi th in 48 hrs? - SP provided report to NHRC, within 3 months , along with Post -Mortem Re port , Inquest Report , Bal lis tic Report and findings of the Magisterial Inquiry . ( to
ANNEXE - VI a
Questionnaire: Encounter Killings
(Informed by relevant SC Judgement and NHRC Guidelines)
89
COUNTERING THE SILENCE
90
include Video filming of Post mortem examination; and use of Model Autopsy Re port & Additional Procedures for Inquest) . - Director General of Police (DGP) provided NHRC 6 monthly report of death i n ‘police ‘action’ . g. Detai ls of accused persons . Their arrest , bai l , suspension and conviction s tatus . h. Have the victim fami ly been rewarded any compensation? i . Have the accused persons been rewarded or given any promotion after the incident? OR disciplinary action been taken against them? Detai ls . Documents to be collected: 1 . FIR, including any ‘cross case’ FIR. 2. Any affidavi ts , s tatements filed by the fami ly 3. Case diary of the concerned police s tation, i f there was any tip off or information
from inte l l igence. 4. Police/CB -CID enquiry report (as per SC judgement)
a. Color photographs of the victim, confirmation on identi ty of the victim b. Was evidentiary materia l , including blood -stained earth, hair , fibers and
threads , etc. , related to the death recovered and preserved? c. Identification of scene witnesses (complete names , addresses and phone num-
bers) and their s tatements d. Cause, manner , location and time of death, as wel l as any pattern or practice
leading to i t . Was the cause natural, accidental , suicide or homicide . e. Chemical analysis of intact fingerprints of the deceased; any other re levant
fingerprint f . Post mortem reports , to be conducted by two doctors (one of them should be
in-charge/Head of the District Hospi ta l) , to be video graphed. g. Evidence of weapons, such as guns, projecti les , bullets and cartridge cases .
Tests for gunshot residue, trace metal detection. 5. SP’s reports to NHRC and DGP’s reports . 6. Magisteria l enquiry report 7. Court orders and Judgements Information to be sought from the Court: (by filing an application on behalf of family)
Did the Magistrate receive information about the incident, as per section 157 and 158 of CrPC, af ter filing of FIR at Police Station? When? Was there delay?
Detai ls of magisteria l inquiry. Was i t submitted in 3 months? Did the inquiry fol low NHRC guidelines?
Did the court conduct trial expeditiously?
91
COUNTERING THE SILENCE
ANNEXE - VI b
Cit
ize
ns
Ag
ain
st H
ate
:
(cit
izen
sag
ain
sth
ate.
org
)
Fac
t fi
nd
ing
on
en
cou
nte
r k
illi
ng
s/cu
sto
dia
l d
eath
s
Init
ial
list
ing
fo
rm
SN
N
ame
of
dec
ease
d
Mri
tak
ka
Na
am
Ad
dre
ss (
vill
age/
mo
hal
la)
Pa
ta
So
urc
e o
f in
form
atio
n:
(med
ia,
or
in t
he
cou
rse
of
leg
al a
id w
ork
of
NG
O/c
ivil
so
ciet
y o
rg.
jaa
nk
aa
ri k
a s
ou
rce?
Nex
t o
f K
in
con
tact
per
son
(fat
her
, w
ife,
bro
ther
–
anyo
ne
wh
o i
s av
aila
ble
to
tal
k)
Co
nta
ct d
etai
ls
(ph
on
e n
um
-b
er e
tc.)
An
y fu
rth
er d
etai
ls a
bo
ut
inci
den
t:
Dat
e o
f in
cid
ent,
an
d p
lace
Wh
eth
er F
IR r
egis
tere
d b
y
po
lice
curr
ent
stat
e o
f th
e ca
se/i
nve
stig
atio
n
any
oth
er d
etai
ls?
1
2
3
4
5
6
COUNTERING THE SILENCE
92
ANNEXE - VI c
CA
H s
tud
y o
n E
JK
He
lpfu
l te
mp
late
s fo
r d
ocu
me
nta
tio
n
1. S
nap
sho
t o
f in
div
idu
al c
ases
:
Sl
no
.
Dat
e p
lace
o
f in
ci-
den
t
Vic
tim
n
ame,
d
etai
ls,
vill
age,
d
istr
ict.
Als
o
fam
ily
det
ails
(s
po
use
, ch
il-
dre
n)
Su
m-
mar
y o
f in
cid
ent
as r
ec-
ord
ed i
n
kn
ow
n
FIR
Su
m-
mar
y o
f F
IR d
e-ta
ils
(dat
e,
sec.
, ch
arg
-es
…)
Su
m-
mar
y o
f in
cid
ent,
p
er f
ami-
ly t
esti
-m
on
y
any
ref-
eren
ce
to i
nci
-d
ent
in
med
ia
rep
ort
s?
rele
van
t d
ocu
-m
ents
w
ith
fam
-il
y (a
nd
u
s)?
Act
ion
ta
ken
by
fam
ily
to
dat
e, t
o
trig
ger
le
gal
pro
-ce
edin
gs
/ se
ek j
us-
tice
?
any
kn
ow
led
ge
(an
d p
arti
ci-
pat
ion
) o
f fa
mil
y in
m
agis
teri
al
enq
uir
y?
Cu
rren
t st
atu
s o
f th
e ca
se
(per
fa
mil
y)
Sta
tus
of
inve
stig
a-ti
on
an
d
any
enq
uir
-ie
s (f
rom
m
edia
, o
th-
er s
ou
rces
),
and
of
the
case
gen
er-
ally
.
An
y co
mp
en-
sati
on
re-
ceiv
ed b
y fa
mil
y?
An
y fi
nan
cial
h
elp
fro
m
oth
er
sou
rces
?
An
y D
etai
ls
of
law
-ye
rs
and
so
cial
w
ork
ers
hel
p-
ing
, if
an
y?
1 2
3 4
5
6
7 8
9
10
11
12
13
14
1
5
COUNTERING THE SILENCE
2. Summary case narrative (500 words – single A4 page)
(Based on family’s testimony)
Outline:
i. Background (date, place, incident, and any cross reference to media reports)
ii. Background of the deceased: age, education, work, and any criminal record
iii. How the family came to know about the incident
iv. Version of the encounter story told to family by police
v. Version of the encounter story, the family believes is correct
vi. What the family did in the first 24 hrs and 48, to obtain body, get statutory documents (PM report, injury report); who were the interlocuters (lawyers, relatives, social workers), what officials did they meet in this process?
vii. What actions the family took, if any, to obtain justice (Viz, what steps to get case registered, or provide submission to magisterial enquiry and any other; or even attempts to reach out to senior political and administrative functionaries
viii. Summary of attitude of police in this?
ix. Current state of the family (livelihoods..) and access to justice
3. Legal document analysis (200 words)
i. Chain of events, as made out in FIR, including charges made, and sections of law used
ii. Review of documents available with family. What documents should have been there, and are missing?
iii. Whether, from the documents we have, the story holds up - analysis of anomalies in the story
iv. Our understanding, based on the documents, of the investigation made/in progress.
93