By Fatima Tanveer, TwoCircles.net,
Ahmedabad: While welcoming the decision of the Supreme Court to order probe into 22 deaths in police encounters cases of Gujarat between 2002 and 2006, human rights activists have expressed apprehension if Justice(retd) M B Shah commission would be able to do full justice with the task.
A retired judge of the apex court, Shah was a few months ago appointed to probe into 17 cases of corruption against Narendra Modi government leveled by the state Congress in a representation submitted to President Pratibha Patil. The move was interpreted by opposition parties and rights activists as an attempt to pre-empt the probe into these cases by Lokayukta whose appointment had run into a controversy with the Modi government challenging the decision of the state governor Kamla Beniwal. Even after the Gujarat high court in a recent verdict upheld the right of the governor to appoint justice(retd) R A Mehta as Lokayukta, Modi government challenged it in the Supreme Court, indicating how much Modi government was scared of the probe into the corruption cases against his government by a person of not his choice.
Well-known human rights activist J S Bandukwala, commenting on the development, said that Shah was brought by Modi to bypass Lokayukta. “Under such circumstances, it is difficult to expect that commission will perform in an independent manner’’, said Bandukwala. He pointed out how the Justice Nanavati panel appointed by the Modi to probe the Godhra and post-Godhra riots gave a clean-chit to Modi in the first part of its report. The second part of the report was yet to come out as the probe is still on.
Another activist Jabir Sheikh also echoed the views of Bandukwala. “A fair probe into the encounter cases is possible only if Shah maintains impartiality’’, said Sheikh.
The order was passed by the SC on two separate petitions by journalist B G Verghese and lyricist-activist Javed Akhtar.
The encounter cases mentioned by them are:
1. Sameer Khan: arrested on October 21, 2002, for his alleged involvement in a conspiracy to kill Modi. He was shot dead when he reportedly tried to snatch the revolver of a policeman when he was being escorted to a place where he had allegedly murdered a police constable.
2. Sadiq Jamal Mehtar: shot dead on January 13, 2003. He was alleged to have links with Dawood Ibrahim and Chhota Shakeel and entered into a conspiracy with Lashkar-e-Toiba to kill Modi and VHP leader PravinTogadia.
3. Ganesh Kunte and Mahendra Jadav: killed in a police encounter on June 23, 2003. They were alleged to be associate of Chhota Shakeel, and having ISI links.
4. Jalabhai Popatbhai Devi: shot dead on January 17, 2004, for his involvement in loot and burglary cases.
5. Salim Gazibhai Miyana: was killed in an alleged police shoot out on May 4, 2004. Shoot out took place when police was reportedly attacked during the search of Miyana’s house. He was alleged history sheeter and bootlegger.
6. Anil Mishra: was killed in a police encounter on March 11, 2003 in Surat. Police claimed Mishra attacked them when police was searching his house for arms.
7. Mahesh Garhwali: from Uttarakhand was killed on January 21, 2004. Wanted for murder and loot, Garhwali reportedly snatched the revolver of a policeman and tried tofire on him.
8. Meetho Umar Dafer: was shot dead near a railway crossing on March 14, 2004, while he was trying to loot a truck.
9. Subhash Bhaskar Naik: from Kerala was killed on June 4, 2004, when he tried to open fire on a policeman.
10. Javed Shaikh alias Pranesh Pillai from Kerala, Ishrat Jahan, Amjad Ali and Zeeshan Johar: shot dead on June 15, 2004, for their alleged links with LeT and involved in a conspiracy to kill Modi and togadia.(The case is already being probed by a special investigation team).
11. Mer Bhima: was rounded up in a murder case and killed on December 9, 2004. Police alleged that he had made a bid to open fire on them from a hidden arm when he was being taken to recover firearms he had reportedly kept somewhere.
12. Rahul Chaudhary alias sanjay, detained in a criminal case, was shot dead on November 26, 2004. He was being taken to Umargam in Valsad district when he allegedly attacked the police party and was killed in a return fire by the cops.
13. Rafiq alias Bapu Muhammed Shah Faqir: was killed in Rajkot marketing yard on July 18, 2005. He had allegedly opened fire from a hidden weapon on the police. In self-defence, police returned the fire, killing Faqir. He was reportedly involved in 38 cases of murder, attempt to murder, burglary and dacoity.
14. Dongaria Himla Machar: An adivasi from the neighbouring Madhya Pradesh, involved in a murder case, was killed on August 25, 2005, when he attacked the security personnel who had gone to arrest him.
15. Haji Ismail Suzania: was shot dead by police on October 9, 2005 when he reportedlyopened fire on a police team. He was involved in a several cases of smuggling.
16. Joginder Singh: shot dead on January 13, 2006, when he reportedly trying to escape arrest by police. He was reported to be involved in a case of murder, theft and dacoity.
17. Rajeshwar alias Mintu: from Patna in Bihar was killed on April 9, 2005. According to police, he pressed the trigger of his gun, got injured and succumbed to the bullet injuries. He was wanted reportedly for murder and dacoity.
18. Kashyap Harpal Singh Dhaka : from Baghpat in Utar Pradesh, killed on August 14, 2004. He was allegedly involved in murder, lott, theft and possession of illegal arms.