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Mainstream, Vol XLVII, No 35, August 15, 2009 (Independence Day Special)

On Batla House and NHRC, Shopian Killings

and Para-military Behaviour
Humra Quraishi

Several academics and activists together with legal experts have countered the NHRC report on
the alleged encounter at Batla House. Space constraints will come in the way, so let me focus
only on two such reports.
One report is sent by Anhads Shabnam Hashmi:
On 20th May, the Delhi High Court, acting on a petition filed by the Peoples Union for
Democratic Rights and Anhad, had asked the National Human Rights Commission to conduct
their own inqury into the alleged Batla House encounter of September 2008 and give a report
upon it. This order of the High Court was made after the High Court was shown reports of four
independent organi-sations into the encounter, including the report of PUDR, the Delhi Union of
Journalists, the Jamia Teachers Solidarity Groupall of which seriously questioned the version
of the Delhi Police regarding the encounter. These reports and the petition filed by the PUDR had
pointed out several specific problems with the version of the Delhi Police. In particular, the
following questions were raised about the version of the Delhi Police
1. If these boys were killed in a genuine encounter, how did the 17-year-old boy, Sajid, have four
bullet holes on the top of his head, which could only happen if the boy was made to sit down and
shot from above?
2. How is the skin peeled off from Atifs back? This was clearly visible in the photograph taken
before his burial which is annexed to the PUDR petition. Obviously Atif had been tortured before
being killed.
3. How are the other blunt injuries on the bodies of the boys explained by the police version of
the encounter?
4. If the police knew in advance (as they claimed) that these boys in the flat were the terrorists
involved in the Delhi and other bomb blasts, why did Inspector Sharma go in without a bulletproof vest?
5. How could two of the boys escape from the flat which had only one exit (two doors next to
each other) and from a building which had only one exit?
It was expected that in these circumstances the NHRC would conduct its own investigation into
the matter. The report dated 20th July, 2009 of the NHRC given to the High Court on 22nd July,
however, shows that far from conducting any investigation into the matter, the NHRC has merely
relied upon the police reports for their report. They have not even examined or investigated the
above questions which were squarely raised in the PUDR petition on which the High Court order
was issued to the NHRC. They have not even examined Saif, the third boy picked up by the
police from the flat, nor even any of the witnesses of the Batla House area who had deposed
before the Peoples Tribunal. They have just swallowed the police version hook, line and sinker.
And this is despite the fact that there has been no independant police investigation or even a
magisterial enquiry into the encounter as mandated by the NHRCs own guidelines.
It is extremely unfortunate that the premier human rights body set up to investigate human
rights violations is becoming a rubber stamp for the police. The same attitude of the NHRC was

evident when the Supreme Court asked the NHRC to investigate allegations of rape and murder
against the Salwa Judum. The NHRC sent a team of essentially police officers who spoke mainly
to the local police and other officials and gave a white- washing report.
The time has come to seriously re-examine the manner of appointment of members of the
NHRC and its powers. The present system of appointment by a committee of the Prime Minister,
Home Minister, Speaker and Leader of the Opposition etc. is not working satisfactorily. All of
them seem to want a toothless and tame body which will not question those in power.
Since the NHRC report does not address or answer the disquieting questions raised by the
several independent fact-finding reports about encounter, it is therefore essential that there be an
investigation into the encounter by an SIT appointed by the Delhi HIgh Court. This report has
been signed by Shabnam Hashmi, Colin Gonsalves, Harsh Mander, Moushimi Basu, Prashant
Bhushan, Anoop Saraya and several other leading activists and legal experts.
Then, another report, sent by Javed Anand, puts forth some more details and this report has been
put together by Jamia Teachers Solidarity Group, All India Students Association, Association for
the Protection of Civil Rights. I quote from it:
The National Human Rights Commissions so-called enquiry into the Batla House encounter
has pronounced the Delhi Police innocent of any foul play. Interestingly, the NHRCs
investigations into the police action on 19th September are based on evidences provided by those
accused of encounter alone. As it appears from the Report, the Commission did not even
bother to pay a visit to the Batla House locality and Flat No. 108, L-18, the site of the said
encounter. There has been no attempt to collect the versions of the eyewitnesses, neighbours or
relatives of those killed. The fact-finding reports of various civil rights groups including JTSGs
Encounter at Batla House: Unanswered Questions, a damning indictment of the police version
with corroborative evidence, has been given no cognisance. Applications filed by individuals
from Azamgarh wishing to depose before the Commission were ignored and not even
acknowledged
Further, in both Atif and Sajids case, the post-mortem report mentions several ante-mortem
injuries including firearm wounds. This only suggests that there were at least a few non-firearm
wounds. In what circumstances were these caused? The enquiry team provides us with no
explanation. In the absence of any description, the suspicion that they could have been tortured
before being encountered gets strengthened.
It also refuses to comment on questions being raised on the police claim that two alleged
terrorists escaped during the operation, declaring it to be beyond the scope of its enquiry. In fact,
it seems to be accepting the police version that each flat has two doors and a crowd had gathered
outside at the time when the exchange of fire was on. Going by the police version, the NHRC
concludes: In the melee it was possible for some persons to escape. But the contradiction in the
police report itself is not taken note wherein it is claimed that while Inspector Sharma led a few
staff inside the building, the rest of the team members were guarding the ground floor. Now, had
the NHRC team visited the site, it would have noticed that even if the flats have two gates, but
the entry gate to the building is only one, on the ground floor and that was being manned by the
police party. The residents of the other flats had been told to stay inside, but this again could be
gathered only if the NHRC team had recorded the eyewitness accounts. How could it be possible
for the two alleged terrorists to flee?
The NHRC has conveniently skirted all uncomfortable questions in its urgent rush to declare the
innocence of the Delhi Police. Coming as it does in the wake of the botched-up enquiry into the
Shopian rape and murder case, it raises serious doubts over the credibility of enquiry
commissions and bodies such as the NHRC. By ignoring all contrary voices, the NHRC has
proved itself to be a propaganda arm of the state, and not the independent custodian of human
rights of the countrys citizens, as it was created to be.
All those interested in the pursuance of truth and justice, reject this farcical, partisan and
shameful mockery of an enquiry. We reiterate our demand for an impartial judicial enquiry by a
sitting judge of the Supreme Court to look into the entire issue emerging from the Batla House
encounter.

What had Stood Out in Shopian

TODAY, as news reports of the Shopian rapes and murders continue to hit, Im reminded of what
Id seen and heard in Shopian during the autumn of 2002. Covering the then 2002 elections in
the Valley and also researching for my book on the Valley, I had travelled with a group of
journalists to Shopian. Seeing the heavy security presence one took it as one of those routine
measures undertaken during electioneering. But as one moved into those interiors, horrifying
details emerged.We saw uniformed men with black scarves recklessly barging into civilian
homes, jumping over small structured outer walls. What followed was nerve-wracking, as shrieks
and counter-shrieks and cries of children and women had surcharged the atmosphere Those
shrieks echoing, hittingI recall asking one of their officers hovering around why these searches
are conducted in what seemed brutal display of authority/brute power but hed assured us that
they were routine searches. But, no, they didnt really seem routine, as several locals ran behind
us, pleading that we help them out.
One aged bearded Kashmiri wouldnt really let me go aheadsaying hed feared for his life and
that of his young daughters. Hed kept pointing towards his home and saying that we protect his
daughters from the security forces whod entered his home with dogs! To sniff bombs or to leave
a trail of fear and devastation!
And just few feet away from this cluster as we hit the main road, stood a group of young
Kashmiri boys huddled in a corner. Id asked one of the RR (Rashtriya Rifles) men to stand close
to those boys so that I could take a picture Hed agreed but no sooner he neared that group, those
boys not just looked very tense but frightened, almost trembling with fear. This one incident
relayed what seems the crux, the very crux of the prevailing grim reality. Call it the very disgust
of the apolitical civilian against the brute might of the boot.
In fact, around the same period when I was visiting a friends orchard in village Romo that lies
off the Pulwama-Shopian Road, I was introduced by my hostS.K. Dhar, a retired Lieutenant
Colonel of the Indian Armyto the Commanding Officer of the BSF company stationed in that
particular village and what appalled me is the manner in which hed bragged of the harshest
measures used on youth, even on those who are picked up and interrogated on grounds of mere
suspicion.Unsettling was this mans brazen manner and on our way back S.K. Dhar had told
me that he was himself appalled with whats been happening around, adding: Id even lodged an
official complaint in late 2001. I wrote to the Corps Commander about the attitude of the Army
it seems an army of occupation but I got no reply
And whats worrying is that these harsh brutal ways are being witnessed by almost everyone and
yet there s no countering take a bus-ride or a even a scooter ride or just about walk in Srinagar
city and you have to be cautious at every turn, even as security vehicles pass by. There exists an
unwritten lawyou cannot overtake those security vehicles, otherwise hell will break loose
Like a mute spectator Id sat when the young student accompanying me on a bus ride was
fiercely pulled by his collar by security forces for a search. Again like a mute spectator Id sat
when the auto-driver driving me around was pushed and almost pulled apart by cops manning
the Amar Singh Club. This hapless drivers fault? He had braked close to the main gates.
In these recent years one has come across not just cases of fake encounter killings,
disappearances, illegal detentions, unearthing of mass graves but even instances where men in
authority have complained about the very behaviour of the paramilitary. A particular news report
published in a leading daily, dated June 7, 2004 stated: Discipline CRPF The Jammu and
Kashmir State Human Rights Commission has directed the CRPF Director General to ensure
proper and decent behavior from his personnel .the Commission had received a complaint
from residents of Buchwara against the CRPF stationed in a hotel. They made obscene remarks
when women passed by the hotel. The complaint also said that they were involved in power theft
from the service line. Justice A.M. Mir took strong exception to the passing of the obscene
remarks and described it as a violation of the human rights
In fact, it is relevant to mention here that in 2006 Justice A.M. Mir resigned from the post of
Chairman of the State Human Rights Commission (SHRC). And news reports had more than
hinted that hed resigned to protest against the growing human rights violations in the State and
the non-implementation of the Commissions recommendations.

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MADURAI: Revenue Divisional Officer and Sub Divisional Magistrate M.U. Pugazhenthi has been ordered to
conduct a magisterial enquiry under section 150(3) of Police Standing Order by the District Revenue Officer
cum Additional District Magistrate, Madurai, into the incident of violence on April 30 at Villoor between Caste
Hindus and Dalits.
Those who have personal knowledge about the fact leading to opening of fire to disperse the unlawful
assembly, and who wish to give evidence can register their names and addresses with the RDO on or before
5.p.m. on May 25.