Press
Statement
Condemn
Malkangiri encounters!
Halt the war on our own citizens!
PUCL
expresses its strongest sense of outrage and condemnation for the killing of
about 39 members of the CPI (Maoist) party and other Adivasis near Balimela
reservoir in Malkangiri district of Odisha close to the Odisha – AP border on
24th October, 2016. Though the police claim that the killings were a
result of a sudden encounter and resultant fire-fight, all the available
circumstantial information indicates that there is sufficient ground to
disbelieve the story put forth by the police and Government. All the tell tale
signs of a false encounter killing lend weight to the allegation that many of
the killed Maoist leaders were actually apprehended previously, shot in cold
blood and a fake encounter episode fabricated to explain the killing of all
persons allegedly involved. Torture marks are also said to have been seen on the
bodies of those killed.
This
incident raises yet again substantiates very worrying trends noticed in the
response of security forces in conflict areas:
1.
Politics
of annihilation, capturing no militants:
Subversion of Criminal Justice System
A
noticeable feature of this encounter killing, as in many other recent killings,
is that the security forces end up eliminating or killing all members of the
alleged militant group claiming that there was no alternative. Such practice of
eliminating all militants is resorted to leave no eye witnesses to the fake
encounter alive. This unbridled power exercised by the security forces with the
connivance / complicity of the State or Government has substantially
criminalised the security forces dealing a death blow to the rule of law and
criminal justice system.
2.
Police
Impunity, lack of accountability of security forces and Complicity of State –
Failure of Constitutional governance:
The
Malkangiri killings once again strongly points out to the sense of impunity and
the lack of accountability with which the security forces operate in the
country. Very disturbing is the role of the State or Government in ensuring
strict compliance with the Indian constitution on the part of the security
forces lending weight to the allegation that they are complicit with the
subversion of rule of law and constitutional governance.
The latest proof of state complicity in lawlessness of security forces and the
false staging of encounters and actual commission of violence against uninvolved
villagers came in the Supreme Court when in October, 2016, the CBI filed a
chargesheet in the Tadmetla arson case (of 2011 in Chhattisgarh) implicating
323 Special Police Officers (SPOs) / Policemen as well as 114 personnel of COBRA
and 30 personnel of CRPF as having participated in operations in Morpalli,
Tadmetla and Timapuram villages of Chhattisgarh resulting in the killing of 3
men, rape of 3 women and burning down of over 250 houses between 11th
to 16th March, 20111 and attack of Swami Agnivesh when he went to
deliver relief supplies on 26th March, 2011. The police and
Chhattisgarh government had in 2011 strongly refuted involvement of security
forces in violence on villagers and instead continuously alleged that it was the
Maoists and villagers themselves who had burnt down the
houses.
The
truth has been exposed now thanks to the independent investigation by the CBI
having been ordered by the Supreme Court of India into the Tadmetla incidents.
It will be useful to note that the CBI investigating team itself met serious
threats and intimidation from the state police while completing
investigations.
PUCL
demands that the guidelines given by the Supreme Court in `People’s Union
for Civil Liberties vs State of Maharashtra’ case (2014) should be
enforced without exception. The mandate of law requires that in every instance
of encounter killings a FIR has to be registered and investigated by independent
police agency.
Considering
that the Special Police forces of the 2 states, Odisha and AP, have been
involved in the alleged encounters and the continuing allegation that the state
governments in both states have supported and ensured impunity and immunity
enjoyed by the police from investigation, there are enough grounds to feel that
independent, impartial and credible investigation cannot be done by the police
forces themselves into the encounters.
PUCL
therefore demands:
(i)
that
a Judicial enquiry be initiated headed by a sitting Supreme Court or High Court
judge into the killings so that the truth of the killings can be brought to
light.
(ii)
A
FIR should be registered into the encounter killings, providing the names of all
security personnel involved, as required by the SC judgment in PUCL Case
2014.
(iii)
The
Government of AP and the AP State Police should comply with the Orders passed by
the AP High Court on 31st October, 2016, to immediately produce
before the Court, Ramakrishna @ Akkiraju Hargopal @ AK, Gaajarla
Ravi and 9 others who are supposed to be in the custody of the AP Police
since the 24th October incident and ensure that their personal
safety, life and well being are protected.
Sd/ -
Prof. Prabhakar
Sinha Dr. V. Suresh,
National President,
PUCL National General Secretary,
PUCL
Dr. V.
Suresh,
National General Secretary, PUCL - People's Union for Civil
Liberties,
270-A, Patparganj, Opp. Anandlok Apartments,
Mayur Vihar - I, Delhi 110091, India.
Ph.: +91-11-22750014; (Fax): +91-11-42151459.
Personal: +91-9444231497.
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