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| Commission affirms deep conspiracy behind Kishtwar communal riots | | Kichloo, then IGP, DIG, DC, DSP are alleged to be part of conspiracy | | Asif Iqbal Naik
Early Times Report
JAMMU, Apr 12: In its report submitted to the state government, the one-man inquiry commission, headed by retired high court judge R C Gandhi, has affirmed a deeper conspiracy behind the Kishtwar communal riots.
The report said that "on appreciation of the evidence and the role played by all concerned officers/officials, the commission has every reason to believe that arsoning and looting of the property and taking away the life in communal clash has not been a spontaneous eruption. Had it been so, every agency of the government, public servants of the government, particularly police deployed at specific points, DC, Minister, Fire Brigade and para-medical staff would have swiftly acted in their own spheres to face it as a challenge".
"From the attending circumstances to this tragedy, the commission has been able to gather the evidence to make out that it is a conspiracy hatched by a few to achieve the desired and designed object by using anti-India, pro-Azadi, processionists and other interested elements to create violence with ulterior motive for taking away the life and burning of the property selectively of a particular community. Their object may be of garnering the political support of a particular community and creating hatred among the communities for consolidation of votes. From the facts and circumstances it has come on record that the minister, Deputy Commissioner, Inspector General of Police, DIG of Police, Dy. SP HQ, Farooq Kichloo, Imam of Jamia Masjid, Separatist leaders Ghulam Nabi Gundna and Moulvi Abdul Qayoom Mattoo had under a concerted planning hatched a conspiracy and there is no reason to doubt that the minister took the IGP in confidence for such conspiracy. Beginning of the conspiracy was the rumours to create circumstances of mistrust and maligning of the people of Hindu community including members of Village Defence Committees which started about two to three months earlier to Eid. Stone pelting was designedly reported only on the houses of the Muslims alone," the report added.
"It is also part of the conspiracy that on 8th of August, 2013 a message was sent by the Imam of Jamia Masjid Farooq Kichloo to the Imams of the adjacent villages such as Huller, Sangrambhatta and Pui to convey to the people to come in procession duly prepared to face any sort of incident. The people earlier never came from these villages for offering Eid Namaz in procession raising slogans. The minister also toured these and surrounding villages on 6th, 7th and 8th of August, 2013. Accordingly, the people from these villages came in procession for Eid Namaz duly prepared raising Islamic and anti-India slogans. This is corroborated by the statement of Shiv Kumar Singh Chouhan, I/c SIT and others. While they entered Kuleed village, Hindu populated area, they did not bother to offer Eid prayer but instead, as designed, started trouble taking excuse on a trifle incident, at Kuleed Chowk even before the commencement of the Namaz prayer. While the Namaz prayer was being offered, the processionists put the shops on fire and smoke of burning of the shops became visible coming out from Kuleed Chowk. It is not so easy to burn a shop, particularly about over three dozen shops within ten minutes, unless the people are equipped with inflammable material, may be in the shape of petrol, diesel or any such explosive like substance. It has come in the evidence that a few persons in the procession had in their hands small containers like milk pots and one of the witnesses, namely (name withheld), testifies to have seen them sprinkling that substance in the shops and putting on fire which got immediately flared up. The I/c Special Investigation Team has admitted that the processionists brought with them kerosene oil to sprinkle it in the shops to burn them & the FSL Report has confirmed that kerosene oil has been used for burning the shops. Had it not been pre-planned conspiracy, it would not have been so easy to burn such large number of shops within ten to fifteen minutes and this mischief would have been confined and contained there alone and to snub it all responsible persons should have made efforts and not permitted it to escalate further," the commission report says.
"The I/c SIT has admitted that it was a pre-planned conspiracy at certain level. There are many factual circumstances which justify it. Just for instance upon scrutinizing the conduct and behaviour of the DC and the Minister, it is found that immediately after the Eid prayer, both went to the Dak Bunglow unmindful of it that Kuleed Chowk is burning though before they entered the Dak Bunglow the SP apprised them of the situation & even the Kuleed Chowk was visible from the Gate of the Dak Bunglow. The people sitting in the rows of the Namaz prayers stood up and went to Kuleed Chowk to see it. Had there not been any under current of this incident, they would not have gone to the Kuleed Chowk. They went there inspired by some people in furtherance of the object and evil design of the conspiracy. The Minister and the DC did not exhibit any human reaction coupled with moral behaviour as a Minister of the popular Govt. & the District Magistrate of the District, which would have been otherwise natural being legally responsible for maintenance of law and order. DC being a responsible public servant and the Minister being representative of the Govt. and the people should have definitely, as expected also, gone on spot and pacified the people and both should have led from the front instead of treading an escape path for hiding in the Dak Bunglow which exhibits their behavior of a conspirators. Had they not been part of the conspiracy, it was desirable and expected from them that they should have gone there and controlled the situation as the people engaged in the burning of the shops & vehicles had not come from outside, they might be knowing both of them by and large. Their conduct & behaviour shows that they have pre-hand information and knowledge that it had to happen and that is why they opted not to go to Kuleed Chowk and went straightway to the Dak Bunglow and confined themselves in a room of the Dak Bunglow. Becasuse of their purported & wilful absence the situation escalated and the people started blocking the road leading to the Dak Bunglow. Hindus and Muslims formed their respective groups in the Chowgan and started pelting stones on each other," the report adds.
The DC and the Minister were informed by the SP personally while walking to the Dak Bunglow, forming his assessment of the situation being not manageable & controllable and requested for imposition of curfew. The DC's reaction was that he asked his staff to draft such a letter. The Clerk wrote the letter and brought to him. The DC did not at all come out from the Dak Bunglow.
Besides this, another aspect is Arun Sharma, Duty Magistrate of Bus Stand Area who approached the DC at about11.30 A.M. or 11.45 A.M. and informed him in the room of the Dak Bunglow that the circumstances and the situation is not manageable and curfew should be imposed. The DC told him that the curfew has been imposed. In response thereto Arun Sharma told him that he has not heard any such announcement of curfew, the DC remained mum. What it indicates. There was no reaction of the Minister upon this who was also sitting in the same room and listening to all this conversation, the report says.
The Minister in his reply to the Questionnaire has stated that he directed the District administration to control the situation on spot at any cost. This statement of the Minister is not supported by record and seems to be false, misleading & a colourful made with oblique motive. The DC was throughout the day with the Minister in the Dak Bunglow and he also crawled the rear wall of the Dak Bunglow along with the Minister & both went to the house of Abdul Kabir Gilkar, in such circumstances, to whom the Minister was issuing these instructions for maintenance of law and order at any cost? Height of the things is that in reply to the questionnaire the Minister has also stated that he left the Dak Bunglow along with his PSOs and took shelter in the house of Abdul Kabir Gilkar and these persons, namely "Dy. Commissioner, Kishtwar Saleem, Asif Journalist, Qazi Jalal-ud-Din, Ex. MLA & Zargar also left the Dak Bunglow by crossing the rear wall of the Dak Bunglow along with him and took refuge in the house of Abdul Kabir Gilkar," instead of saving the life and property of the people which was their legal duty. When DC was with the Minister, to which District administration the Minister was issuing instructions? These circumstances no doubt attribute and give rise to a fact that there was certainly a conspiracy behind the scene. It is unthinkable& does not appeal to senses that the District Magistrate who is responsible for maintenance of law & order in the District instead of discharging his duty ordained by law should opt to be absent from the scene and remain sitting in the room of the Dak Bunglow & crawl the rear wall of the Dak Bunglow along with the Minister and the Minister, fully knowing well that he being the Minister for Home Department responsible to save the life and property of the people, should they behave in such a manner? Why the Minister did not ask the DC to go out & join the Superintendent of Police and maintain law & order, is again a circumstance which leads to believe that they both were co-conspirators along with others of this conspiracy behind the incident, the commission report says.
The circumstances get further strengthened keeping in view another facet of their behaviour that Naem-ul-Akhtar, Sub Inspector went to the DC at about Noon while he was in the Dak Bunglow and asked him that he will provide police security to him if he wants to go out. The DC refused to go out. Similarly such an offer & request was made to the Minister also while he was sitting in the same room of the Dak Bunglow to which the Minister also refused. Why they exhibited such a behaviour? The only conclusion is that they were part of the hatched conspiracy and in their mind satisfied that the conspired plan is being achieved and opted not to interfere.
The plan of conspiracy also appears to be, on the face of it, that there is evidence of so many persons of the town that they demanded transfer of the DIG of Police and the Dy. SP HQ while different type of rumours were being spread to create mistrust between the communities, before Eid, which is also admitted by the Superintendent of Police and the DC in their statements. Why the DC has not written to the Government that such is the demand of the general public. Why the Minister did not transfer them well in time. The grouse against these two officers was not before Eid but after Eid also. They made such a request also before the political delegation and the ministerial delegation which visited Kishtwar after the incident but was not met with, reason being that they all were part of the conspiracy, otherwise there appears to be no reason as to why the Minister should not take cognizance of the grievances of the people and government impose officers upon the public for governance who are not liked by the public.
So far as the conduct of DIG of Police Ashkoor Wani is concerned, his role has not been positive, rather he is not having fair approach which is expected from a public servant. It has also come in the evidence that the case against Shiv Kumar @ Sonu, Sub Inspector is also the creation and attributable towards the DIG and the SP concerned, which was celebrated by anti patriotic elements & protested by pro patriotic. (Shiv Kumar was summoned by the Commission for recording his statement & to throw light on the incident, he appeared before the Commission & requested for not recording his statement on the ground that in case he speaks truth, he has every reason to believe that the officers responsible for involving him in the case are still there & will again involve him in some fabricated case & none will support him as his experience goes. On his such request his statement was not recorded. But the Commission could infer what he wanted to tell & against whom).
A number of witnesses have deposed and made out the involvement of the DIG of Police in the conspiracy. Being a shrewd officer he sought a day's casual leave, i.e. for 9th August, 2013 from the IGP knowing well that the IGP is not competent to grant leave to him, which he has also admitted in his statement. The IGP also being hand in glove with him, granted the leave though he has not such competence. In this regard for seeking clarification, a letter dt.25.4.2014 was addressed to the IGP and the IGP replied it vide his letter Dated 2.5.2014 without specific reply and evidence which exhibited his casual & lackadaisical approach, obviously as he was having no evidence or legal competence & authority to justify his actions.
The IGP has not specifically replied whether he permitted the DIG of Police to avail of the casual leave or any application was received in his office, or whether he was competent to grant the leave. He took the leave to create an exonerating circumstance to create an impression & make out that he was away from the scene. Had he been sincere in his duty & not part of the conspiracy as projected by the independent witnesses of Kishtwar before Eid, that Kishtwar is on volcano and Eid is approaching & anything can happen, he should not have been away from duty and should have taken preventive steps well in time being senior most officer of the District, but he did not bother as being a part of the conspiracy with others. He cleverly managed his absence from the scene to create misleading facts. Furthermore, had he been sincere towards public duty and not part of the conspiracy, when he received the message of disturbance in Kishtwar while he was in Eidgah at Jammu, as is evident from his statement, he proceeded to Kishtwar, why he did not arrange the police force from his Range from other two adjoining Districts for deployment to Kishtwar to assist the Constabulary for controlling the situation. So far as his plea that he is only having the supervisory jurisdiction is concerned, it is not in consonance with Police Rules which govern the jurisdiction & authority of the Police officers. As per Regulation 16 of the Police Manual, the Dy. IGP is the representative of the IGP in his sphere and last Para of Regulation 16 of the Police Manual mandates as under :-
" The Dy. IGP should remember, that so far as his range is concerned, he is the chief assistant of the Inspector-General of Police and act on his behalf in all matters concerning Law and Order in the State." (in his Range)
He did not make such an effort though under his command there were two more Districts where the police force was more than required and far more sufficient to deal with that situation. Not only the JKP force as required for the District but also the CRPF, Armed Police Battalions and the SSB as additional force, were available in both the Districts which would have been moved quickly. In District Doda 2820 & in District Ramban 2970 officers and officials of the Paramilitary forces were available in addition to the Police of DPL and Police Stations. In addition to this about more than ten thousand VDC armed personnel for maintaining law & order were also available. Though it may be required in those Districts also for maintenance of public law & order, or for unforeseen events still it was more than the need and requirement for controlling the situation in the respective Districts, till reinforcement is made from distant places like Kashmir and Jammu.
Another angle of it is that IGP knowing well that he is not competent to grant the leave he allowed him to avail of the leave as competent authority. He has not specifically replied the letter dated 20.4.2014 as he has no answer. IGP left by Helicopter/road to Kishtwar. Why he did not order the DIG of Police or the District SSP of Ramban and Doda, to immediately send the reinforcement to Kishtwar which could reach there within one hour or one and a half or by 12.00 Noon, the situation in that event would have been controlled. All this speaks not of bonafide error or pardonable in-efficiency but deep rooted conspiracy. Further, over eight dozen lower subordinate staff of police was transferred from District Kishtwar on 17.8.2013, 26.8.2013 & 11.9.2013 because of their dereliction of duty as decided at the higher level, but though by transferring them such a word of dereliction of duty has not been used, otherwise what was the need for such enblock transfers. The IGP within a period of six to eight months, over two third police personnel, as a reward to them, again put them back in the same Range. On clarification sought by the Commission, the reason tendered by him is the 'public interest'. If the IGP was aware that the public interest in Kishtwar can be served only by these people, why they were transferred. It is not the case that those who were posted in their place are found unfit to serve the public interest which the IGP desired. The reasons there for have been specifically spelt out in the preceding paragraphs while dealing with the Role of the Inspector General of Police. |
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