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OCTOBER 2008
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Focus

Civil rights teams visit Jamia Nagar, questions police version
By Mumtaz Alam Falahi
New Delhi:
There is something more than that meets the eye in the Jamia Nagar police encounter case and that’s why civil rights groups and human rights organizations are visiting the area and tying to get the true picture by talking to neighbours and eyewitnesses. Of all what is most disturbing is that those described as terrorists by the police have valid rent agreement and submitted a form with the Jamia Nagar Police Station for the verification of their credentials. According to the rent agreement and police verification form (a copy of the documents are with TwoCircles.net), Atif Ameen, who was killed in the encounter, had got the flat on rent in his name. The rent agreement was signed on August 25, 2008. The police verification form says there were six people living in the flat. They are Atif, Zeeshan Ahmad, Md. Saif, Md Sajid (24 years), Md Khalid and Md Sajid (20 years).

People say if they were terrorists, why would they seek their verification?
Finding some loopholes in the police version of the encounter , some human rights groups have visited the area and talked to locals and neighbours to get the whole picture. Around one dozen senior civil activists from various human rights organizations visited the area and also the building L-18 in Batala House, near Khalilullah Masjid in Jamia Nagar area.  The police did not allow the team to go into the building.

They talked to 12-15 people and remained there for around 2 hours. Several questions and doubts came up during the talks. The most doubtful is the escape theory of the police. The team made a round of the building and found it impossible for one to escape when there are policemen at the gate, the only exit of the building.

The team members also met families of Sajid and Atif, two alleged terrorist killed in the encounter. The families have reportedly demanded fair enquiry into the encounter. One of the team members told TwoCircles.net that the family members said they would not question the encounter if their children were found involved in terrorist activities.  The committee will come up with a report on the visit. The team comprised Prof. N K Bhattacharya, Prof Ish Mishra, Advocate Prashant Bhushan, Advocate N D Pancholi (two from PUCL), Shahna from PUDR, Md Mahtab Alam from APCR and representatives from Janhastakshep.

Also,On September 20 a team of civil rights activists, academicians and journalists under the leadership of social activist Shabnam Hashmi visited the site of the police operation against alleged terrorists. Two alleged terrorists Atif and Sajid, along with Mohan Chand Sharma, an inspector of the Delhi Police’s Special Cell, died in the operation while a third Saif was arrested from the building. According to a statement by Hashmi, on the basis of the team’s interactions with the local residents, eyewitnesses and the reports which have appeared in the media, the team posed the following questions:

1) It has been widely reported (and not refuted by the Police) that in early August this year Atif, who is described by the Delhi Police as the mastermind behind the recent terrorist bombings in Jaipur, Ahmedabad and Delhi, underwent a police verification exercise along with his four roommates in order to rent the apartment they were staying in Jamia Nagar. All the five youth living in the apartment submitted to the Delhi police their personal details, including permanent address, driving license details, address of the house they previously stayed in, all of which were found to be accurate. Is it conceivable that the alleged kingpin behind the terrorist Indian Mujahideen outfit would have wanted to undergo a police verification – for whatever purpose – just a week after the Ahmedabad blasts and a month before the bombings in Delhi?

 The four-storey house L-18 in Jamia Nagar, where the alleged terrorists were staying, has only one access point, through the stair case, which is covered by an iron grill. It is impossible to leave the house except from the staircase. By all reports, the staircase was taken over by the Special Cell and/ or other agencies during the counter-terror operation. The house, indeed the entire block, was cordoned off at the time of the operation. How then was it possible, as claimed by the police, for two alleged terrorists to escape the premises during the police operation?

 The media has quoted ‘police sources’ as having informed them that the Special Cell was fully aware about the presence of dreaded terrorists, involved in the bombings in Jaipur, Ahmedabad and Delhi, staying in the apartment that was raided.

Why was the late Inspector Mohan Chand Sharma, a veteran of dozens of encounter operations, the only officer in the operation not wearing a bullet proof vest? Was this due to over-confidence or is there something else to his mysterious death during the operation? Will the forensic report of the bullets that killed Inspector Sharma be made public?

There are reports that towards the end of the counter-terror operation, some policemen climbed on the roof of L-18 and fired several rounds in the air. Other policemen were seen breaking windows and even throwing flower pots to the ground from flats adjacent or opposite to L-18.

Why was the police firing in the air and why did it indulge in destruction of property around L-18 after the encounter?

 The police officials claim that an AK-47 and pistols were recovered from L-18.
What was the weapon that killed Inspector Sharma? Was the AK-47 used at all and by whom? Going by some reports that have appeared (see ‘Times of India’, 20.09.08), the AK-47s have been used by the police only. Is it not strange that alleged terrorists did not use a more deadly and sophisticated weapon like the AK-47, which they purportedly possessed, preferring to use pistols?

The team felt that there are far too many loose ends in the current story of the police encounter at L-18 in Jamia Nagar. They demanded a fair, impartial and independent probe into the incident at the earliest to answer the above questions as also any other ones that arise from the contradictions of the case.

The team included social activists Satya Sivaraman, Manisha Sethi, Tanweer Fazal, Arshad Alam and Pallavi Deka. (TwoCircles.net)


We want to contribute to usher in a ' Terror-Free India'
Co-ordination Committeeof Indian Muslims

The Coordination Committee of Indian Muslims, representing all major Indian Muslim organizations, is an ad hoc high level committee set up to deal with the current terrorism scare aiming the Muslim community in India.The committee expresses its sorrow and grief at the untimely death of Inspector Mohan Chand Sharma during the encounter in Jamia Nagar’s Batla House on 19 September. The community offers its sincere condolences to his family.The committee reiterates that Islam and Muslims are fundamentally opposed to terrorism as Islam and its holy book, The Qur’an, categorically forbid killing anyone unjustly and by unjust means. The Indian Muslim community through umpteen conferences and religious scholars and institutions, including the famous seminary of Darul UIoom at Deoband, has issued clear fatwas denouncing terrorism as an act totally forbidden in Islam. The Muslim community is opposed to terrorism whatever its source and shape. We want to contribute to usher in a terror-free India. We believe that existing laws are sufficient to deal with this scourge. We clearly reject giving unlimited authority to the police. We, in particular, reject the legal sanctity to “confessions” given to the police and making bail applications more difficult for those accused of terrorism. No other law in India makes “confessions” to the police admissible in courts and this one must not be an exception. The Indian police, which normally resorts to third degree torture, is highly discredited in the eyes of the public. In all terrorism cases, where the police fails to file charge-sheets within a reasonable time-frame like six months, the accused should automatically get the right to apply for bail. We feel that the Muslim community in general and the Muslim youths in particular are being targeted in the name of fighting terrorism. While security agencies should go about their work to secure the country from terror and make enquiries and arrest the accused and suspects, the same must not take place in an intimidating and insensitive manner. We are opposed to the insensitive style of the police functioning which creates terror and panic in the Muslim localities. We condemn the security and intelligence agencies’ rush to the media after any such incident with theories and conclusions before any real and proper investigation. We also express our displeasure at the print and electronic media which blindly reproduces leaks attributed to unknown security agencies and starts blaming the Muslim community minutes after any terrorist incident. This leads to instability in the country and ill-will towards the whole Muslim community.

Mujtaba Farooq, Convenor, Coordination Committee & Secretary, Jamaat-e Islami Hind

Dr Zafarul-Islam Khan, President, All India Muslim Majlis-e Mushawarat

Ml. Abdul Hameed Nomani, Acting General Secretary, Jamiat Ulama-e Hind

Ml. Abdul Wahab Khilji, Asstt General Secretary, All India Milli Council

Ml. Mahmoodul Hasan, President, Jamiat Ahl-e Hadees, Delhi Pradesh

Dr Taslim Rahmani, President, Muslim Political Council

Ml. Zeeshan Hidayati, Chairman, Majlis-e Fikr-o Amal

Irfanullah Khan, Chairman, Jamia Nagar Coordination Committee

Ml. Jalal Haidar Naqvi, Secretary, Majlis-e Ulama-e Islam

Supported by Gopal Rai, Convenor, Teesra Swandheemta Andolan

Bhai Tej Singh, President, Ambedkar Samaj Party