Petition against Dhule police atrocities admitted in SC

September 12, 2013

By TCN News,

New Delhi: The Supreme Court issued notice and admitted a petition filed by Rais Ahmad Daulat Patel, father of Saud Patel shot down by the Dhule police on January 6, 2013 demanding a CBI probe into the unlawful killings, prosecution of the guilty police officers involved as also Stringent Operation Procedures for Recruitment to ensure the independent and non-partisan functioning of the Maharashtra police.

The Mumbai-based Citizens for Justice and Peace are also co-petitioners in Writ petition (Crl) 143/2013 as also other eye-witnesses and residents of Dhule. The Petition specifically also prays for the implementation of a well-crafted Hate Crimes Manual that deals with the institutionalized prejudice against religious minorities, Dalits, Adivasis and women within our police that specifically deters its non-partisan functioning. The petition also seeks more accountable compensation and reparation to the dead, injured and those who’s homes have been destrored.

The petition came up before Justices Surinder Singh Nijjar and Fakkir Ibrahim Kalifulla on September 10. Advocate Aparna Bhat with Ramesh Pukhrambam appeared for the petitioners.

Due to the public outcry, the state government had been compelled to suspend two Police Constables after going through the Interim Report submitted by the Deputy Superintendent of Police for misconduct during the curfew but repeated attempts, all through February 2013, by survivors to register a complaint against the police were repeatedly refused on the spurious ground that the Police had already registered two FIR of the riots and the same is being investigated by the Police. The Police have registered two FIRs for riots against 2 Hindus and 4 Muslims and about 2000-3000 unknown persons but no police officer has been named in the FIRs. The Petitioner No.1 and other victims had specifically demanded investigations against the Police Personnel for their involvement in the riots but the same were refused.

On January 6, 2013, the lackadaisical attitude of the Dhule police in acting Swiftly to defuse tensions after a brawl over a payment of a hotel bill between members of two communities, in communally sensitive Dhule had blown out of all proportion with sections of the police siding with Hindu rioters and shooting (to kills) innocent Muslims. Video clips taken on the spot, shamefully record this shooting as also policemen destroying and plundering homes and shops of the minority community.

On, 8.02.2013, 6 Police Personnel out of which four State Reserve Police (SRP) personnel and two police constables police were arrested on charge of breaking open and looting a stall during the Dhule riots of January 6, have been charged with theft and dishonestly breaking open property under Sections 380 and 461 of Indian Penal Code. However no action has been taken by the State to register an FIR against the Police Personnel for the riots and murder of 6 people and attempt to murder of about 40 people.

The petitioners have stated in the substantive petition that:-

a) A magisterial probe and a Judicial Inquiry had been ordered into theincident but both are proceeding at a snail’s pace, petitioners have urged. The Hon’ble Supreme Court in the case of Anju Chaudhary versus State of UP and another reported in 2012(12) SCALE 619 that in cases where The incident is separate, offences are similar or different or even where the subsequent crime is of such magnitude that it does not fall within the ambit and scope of the FIR recorded first, then a second FIR could be registered;

b) That the Police Personnel were actively involved in the riots and instigated the riots. The Police personnel instead of maintaining the law and order had instigated the communal riots between the Hindu and the Muslim community where the Muslim people were targeted and led to open firing without any warning. They ought to be charged for offences under relevant sections of the CrPC and Indian Penal Code;

c) That the violence could have been prevented, if the Police has chosen to act on time, instead it asked the complainants and other people to take the law in their hands further instigated and created an environment of communal disturbance;

d) That the police action was selective and directed against the Muslims community only. More so the Police Personnel chose to act in connivance with the Hindus to attack the Muslims. The Police alongwith the Hindus looted their shops, houses, burned down their homes and open fired at them which resulted in killing of 5 Muslims and injuring more than 40 Muslims. The medical record and videos clearly show that the firing was specifically directed towards Muslims;

e) That as per the Rules and guidelines governing the Police personnel, the Police were directed to use minimal force and to disburse the crowd. However the Police instead started firing with intent to kill the Muslim. All the gunfire, as seen from the medical records are above knee, on chest, shoulders, some were shot at back which suggest that they were running away from the police but the police still chose to shoot them;

f) That though the State has accepted that the Police ﬁring was excessive but the State has not accepted that the same was directed towards killing of Muslim People and was part of a greater conspiracy. It is further submitted that no FIR has been registered against the Police for the said act;

g) That the victims of police firing were left unattended by the police and were not taken to hospitals. That the victims were taken to hospitals by their relatives or friends. That there was serious and severenegligence and tack of responsibility displayed by the Dy. Divisional Police officer, Dhule by filing false complaint at Azadnagar Police Station, Dhule in CR No 05/2013 in r/o riots at Dhule on 6-1-2013; That there was serious dereliction of duty and neglect of Constitutional obligation committed by the District Magistrate, Dhule by not filing FIR on receiving complaints from victims and witnesses to riots erupted at Dhule on 6-1-2013;

h) That the injuries suffered by the police personnel and the Hindus were minor in nature and they were discharged from the hospital after giving first aid treatment. This shows that the police personal were biased towards one section of Indians, the Muslim and the Muslims community have been targeted by them. The act of the police was highly gruesome and insensitive;

i) That the burning and looting of Muslim household and shops was done by the Hindu mobs in the presence and with assistance of the police personnel. From the video footage obtained it is clear that Police also indulged in burning Muslim houses and destroying their property;

j) That Fire Brigade was not allowed to come to the Muslim locality to douse the ﬁre;

k) That the victims were also threatened when they tried to register FIRs and no FIRs were registered against the police;

l) That no criminal action whatsoever has been taken against the police and none is likely to be taken as the State authorities are trying to cover up this entire episode;

m) That inadequate and insufficient compensation has been paid and/or being paid to the victims and their relatives aggrieved by the riots erupted at Dhule on 6-1-2013;That inadequate and insufficient investigations have been carried out by the local administration of Dhule in violation of section 3 and 4 of the prevention of damage to the Public Properties Act and Section 7 of the Criminal Law Amendment while investigation the CR No. 05/2013 with respect of riots at Dhule report on 6-1-2013 have been kept secret.That there is also the matter of violation of Section 6 and 7 (8) of the Right to Information Act, 2005 by the Dy. Supdt Police, Dhule, while rejecting application under RTI Act 2005 by the Victims;

n) That while the establishment of a Judicial Commission was announced little has been done to pursue it efficiently.

The petition makes some fundamental points:-

A. That repeatedly Judicial Commissions established from 1960s onwards have observed and commented about the biased role of the police in communal violence. Madon Commission Report, Shrikrishna Commission Report, Reddy Commission Report are illustrative of this fact. However the bias role of the police is still continuing without a check.

B. That a large part of the problems concerning the functioning of the police arises due to the failure of the State authorities to provide adequate sensitisation and training concerning communal bias as well as violence both prior to and after induction of candidates into the police force. The Petitioners crave leave to present the Guidelines for Communal Harmony etc brought out by the Central Government (Ministry for Home Affairs) that are meant to address these tendencies but have been ignored in Maharashtra.

C. That it is absolutely essential to bring out a best practise and worst practise manual in times of communal violence to guide the police and hold them accountable against the dos and don’ts of such a manual.