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| Kishtwar riots: Justice Gandhi makes startling revelations, stringent recommendations | | Termination of services of IG, DIG, DC, Dy.SP | | Registration of FIR against
Police personals on duty
Custodial interrogation of MoS Home Kitchloo
Two Hurriyat leaders, Imam
indicted for hatching conspiracy
Asif Iqbal Naik
Early Times Report
Jammau, Apr 4: The Justice Retired RC Gandhi who submitted his report to the government on 16-3-2015 indicting Sajjad Ahmad Kitchloo, former Minister of State for Home in Omar Abdullah government, has recommended termination of services of the then Inspector General of Police Jammu Rajesh Kumar, Deputy Inspector General of Police Doda-Kishtwar-Ramban Range Ashkoor Ahmed Wani, Deputy Commissioner Kishtwar Saleem Mohammad Chowdhary, Dy SP HQ Kishtwar Farooq Qaseer.
Communal violence had flared up on Eid, falling on August 9, 2013 which resulted into the killings of three persons and injuries to scores of others, beside loss to public and government property after the rioters created havoc in the town in a free for all situation.
Commission also recommended the registration of FIR against the above mentioned police officers and other police personals on duty. It also recommended custodial interrogation of former MOS Home Sajjad Ahmed Kichloo along with the police officers indicted in the violence to ascertain the level of their involvement in riots and to uncover the major game plan if any.
As per the key details of the "Justice Gandhi Commission Report" available with "Early Times", two Huriyat leaders Abdul Qayoom Mattoo and Ghulam Nabi Gundna along with Immam Jamia Masjid Kishtwar Farooq Ahmed Kichloo have been indicted for hatching the conspiracy of Kishtwar riots, while the commission gave clean chit to the then SP Kishtwar Dr. Sunil Gupta, Additional SP Kishtwar Thakur and Kulbir Singh. The commission also praised the efforts of Sub Inspector Nayeem-ul-Haq Mattoo, Tehsildar Kishtwar Inderjeet Singh Parihar and Naib Tehsildar Kishtwar Arun Sharma in controlling the riots, though the same did not yield any result due to collective failure of the District administration.
In his three volume report comprising 600 pages, Justice Gandhi laid stress for evolving mechanism between Army, Police and civil administration, beside recommending compensation to the riot victims to the tune of Rs. 15 lacs for the death as was paid in Muzaffar Nagar riots case in consonance with the directions of Supreme Court of India. The Commission also recommended free treatment to the victims, beside Rs. 50000 for serious injuries. Overall 19 people received bullet injuries in the riots.
The commission in its report recommended Rs. 1000/month as rent to those whose houses were burnt and are staying in rented accommodations, till actual compensation was paid to the victims, besides school fee to the children of the victims studying in any institution till the full compensation was paid to them, recommended Rs. 300/day sustenance allowance to shopkeepers and businessmen whose business was completely damaged, compensation to hotel, shops, house owners at par to the losses, compensation to damaged trucks, cars and other vehicles after debiting the insurance amount.
After scrutinizing the police records, the commission found that 5790 security personals were available in Doda (2820) and Ramban (2970) Districts on the day of riots which included 15 companies of CRPF, 2 Battalions of Armed Forces and four companies (540) SSB personals, in addition 3000 police personals were also available in both the Districts in various police stations and District Police Lines and questioned failure of IG Jammu and DIG Jammu in mobilizing such huge number of security personals readily available in these two nearest Districts . Commission found that in case IG and DIG had acted in a right way, the security personals from Doda could have reached in the town by 12 noon and the massive damage could have been prevented after riots broke out in the town at around 10 AM.
Justice Gandhi in his report said that IG in his statement stated that like him DIG has the power to mobilize the troops in his area of jurisdiction and commission found that the reply of IG is merely based on "Flower words" which reveals less and hides more. The commission also found that after transferring some police personals out of Kishtwar District after riots, nearly 100 police personals were transferred back again to Kishtwar within four months, particularly after Sajjad Ahmed Kichloo was re inducted as MoS Home and raised question on these transfers done by the IG Jammu. The commission rejected the grounds of IG Jammu that the transfers were made in the interest of public and questioned if police personals posted in Kishtwar District after riots were unfit to perform their duties or there was some other motive including repeat of August 9, 2013 incident.
Commission stated that Sub Inspector Nayeem-ul-Haq Mattoo offered security to DC Kishtwar with the request to come out, which was denied by the DC Kishtwar and questioned that "How DC Kishtwar had courage to say no , that too in presence of Minister and instead scaled walls of the Dak Banglow Kishtwar---the same proved from Kichloo's written statement as well".
The commission on the basis of log book record of the official vehicle stated that Kichloo travelled 98 KM, 92 KM & 94 KM and questioned Kichloo's participation in mourning of his relative. He found that DC Kishtwar and Minister did not visit the Kuleed Chowk soon after riots where DC visited later. The commission found that the riots were pre planed and the incident to involve the police personal in a scuffle at Kuleed Chowk was a deliberate attempt and found that the rioters in a well planned manner burnt the shops at Kuleed Chowk by using Kerosene and other material as the shops took only about half hour to burn, which is not possible under normal circumstances in case the riots had broken incidentally.
Commission on the basis of statement of the security guards at Dak Bunglow Kishtwar stated that instead of coming to rescue of people, the administration requested the army for rescue of Minister and DC, and added that when army reached the Dak Banglow' they neither found the minister nor DC Kishtwar inside who had taken the shelter in an adjacent house after scalling the wall of Dak Banglow.
"No Ambulance, fire tender was present at the site of violence and nobody was made to check it before the rioters went on rampage" read Gandhi report. He stated that CID failed to do its duty and instead provided an information to the police in sealed cover a day before the violence which according to commission is very less time to act, adding that in his report the CID apprehended violence at Hidyal Chowk which is recurring exercise being done since last three consecutive years, added that CID failed to access undercurrent which resulted into holocaust.
He stated that a day before violence Immam sent a message to adjacent areas wherein he issued certain directions to them which included appeal to come to Eidgah in the form of procession which never took place earlier. Commission also took the notice of an announcement from Kishtwar mosque asking the people to come out of their homes along with weapons. Commission also questioned the burning of police bunker parked outside Dak Banglow Kishtwar along with SSB bunker who manage to save it while police failed to do the same.
Justice Gandhi posted 40 questions on why this violence took place and recommended registration of an FIR for Dak Banglow incident wherein Minister and DC were attacked, FIR against police personals on duty from Dak Banglow and other violence hit areas, beside to hold departmental inquiry against them for dereliction of duty, FIR against Immam and other persons who spread hatred and provoked the people for burning property and for making announcement from the mosque to ascertain the facts, FIR against police bunker driver, driver of the police gypsy burnt outside Dak Banglow Kishtwar.
Commission also recommended strengthening of VDCs by including Muslim retired army, police and other security personals, Installation of CCTV cameras, modernization of police to deal with riots and fixing accountability on IGs & DIGs to tackle such incidents in future. Commission further recommended custodial interrogation of Kichloo, Rajesh Kumar, Ashkoor Wani, Saleem Chowdhary, Farooq Qaseer, Imam Jamia Masjid Kishtwar Farooq Kichloo, Hurriyat Leaders Abdul Qayoom Mattoo and Ghulam Nabi Gundna, Inquiry against four magistrates for dereliction of duty.
Commission recommended that transfer of lower staff in police should be made in accordance with police rules , up gradation of fire services, re orientation of police stations in Kishtwar town, setting up of crises management committee involving NGO's, Senior Citizen's, army and other security agencies , and evolving hassle free mechanism to seek help of Army in such situations.
The commission report is based on affidavits and independent witnesses about 490 in number. |
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