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Volume 24 - Issue 9 :: May. 05-18, 2007
INDIA'S NATIONAL MAGAZINE
from the publishers of THE HINDU
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COLUMN

Hall of shame

R.K. RAGHAVAN

Behind the deplorable actions of the Gujarat Police lies the determination of most State governments to use the police for their own ends.

THE Gujarat Police is in the news, and for the wrong reason again.

The killing of Sohrabuddin Sheikh in a "fake" encounter and the subsequent elimination of his wife Kauser Bi by the police are more or less established. The Gujarat government itself has admitted this in an affidavit filed before the Supreme Court in response to a notice arising from a public interest litigation filed by Sohrabuddin Sheikh's brother, Rubabuddin. There is also information that an important eyewitness to the incident was killed a year after the "encounter".

Even more shocking is the unconfirmed allegation that Kauser Bi was raped by a police constable when she was in his custody before she was murdered and her body burned.

We have to hang our heads in shame for the barbaric behaviour of the men in khaki. As a former policeman I am incensed that some senior officers acted like animals and a few of their supervisors chose to ignore or cover up the unbelievable and downright illegal acts. The latter's inaction should be condemned more than the former's horrific deeds.

There are several aspects of the incident that require examination. First, why did they do it? What was the immediate motive? I do not believe it was sheer sadism that drove them. The recklessness manner in which the operation was executed shows utter stupidity, in addition to a lack of ethics and humanity, and a smug belief that they would be protected whatever the consequences.

Even if we concede that Sohrabuddin was a questionable character and an extortionist, as some accounts make him out to be, we must first ask whether he was such a bad human being that his continued presence in society was considered a danger to the higher echelons of the Gujarat government.

Reckless police action is often at the behest of persons in the driving seat who want results and at the same time want to be invisible. This is what seems to have happened in the present case. It is difficult to prove who these persons were.

Whether they were in the police hierarchy or in the political firmament or in the criminal underworld is a matter of conjecture.

So much has been said about Deputy Inspector General D.G. Vanjara, who has been depicted as the hatchet man of the powers that be and a dishonest policeman who lined his pocket without compunction. I do not know how far these allegations are true. Not infrequently do the media exaggerate at the behest of some interested elements wanting to settle scores with some public officials. I am also amused when the press glorifies officials who pretend they are martyrs crucified for being honest and straightforward. The beneficiaries of such undeserved praise are sadistic and motivated police officers, many of whom, unfortunately, have distorted the image of the Indian Police Service (IPS). I am told this is possibly the case in Gujarat. The point is Vanjara is undoubtedly a controversial officer, who has contributed to his own downfall.

What about the other two IPS officers involved in the incident - Dinesh Kumar (Superintendent of Police, Alwar, Rajasthan) and Rajkumar Pandian (Superintendent of Police, Intelligence Bureau, Gujarat)? I have not heard any adverse reports about them. Were they merely overzealous, egged on by some unidentified forces to go the whole hog and ensure the successful completion of the unholy task? Only a detailed investigation will unravel all the circumstances.

Much is made of the complicity of the Andhra Pradesh Police. Those of us who were in the police know that such inter-State cooperation is very common. Without pooling resources, no major field operation can be conducted. It is preposterous to conclude at this stage that that the Andhra Pradesh officers knew what they were doing when they helped the Gujarat team that waylaid Sohrabuddin and his wife and pulled them out of the long-distance bus in which they were travelling.

It is highly unlikely that these officers ever knew that the interception of the couple was with a view to bumping them off. Unless such prior knowledge is proved it would be difficult to establish criminal complicity.

A mechanical approach, based on superficial presumptions that lead to criminal action against an Andhra Pradesh officer in this case will spell doom for inter-State cooperation between police forces in the future. No police officer would thereafter stick his neck out to help a colleague from another State, even in genuine operations.

The Gujarat government initially acted in a manner that raised questions about how serious it was in getting to the bottom of the whole sordid affair. Its admission of misconduct on the part of Vanjara & Co. was only after matters went beyond its control and the Supreme Court showed signs of coming down on its prevarication. My enquiries confirm this lackadaisical approach to bringing the offenders to book.

Next comes the changes in the supervisors of the investigation into what has now been admitted to be a "fake encounter". First it was Inspector General Geetha .Johri and later, Deputy Inspector General Rajneesh Rai. And as I write this, Johri is again likely to oversee the case which will be investigated under Additional Director-General O.P.Mathur.

I will not, however, attach too much importance to these personnel changes, except that it has given some ammunition to Chief Minister Narendra Modi-baiters.

In such a momentous investigation, individual officers can hardly suppress vital information or help their favourites. With an active media keeping a tab on developments, vested interests trying to protect anyone who is guilty are bound to fail in their sinister attempts.

Finally, there is controversy over the demand for a Central Bureau of Investigation (CBI) inquiry into the killings. I would have been surprised if this demand had not been made, given that the case has attracted national attention.

It is only a question of time before human rights organisations all over the world take notice and damn the whole Indian police.

An even more compelling reason to hand over this case to the CBI is the Modi government's track record. Volumes have been written about the lack of credibility of his government. Suffice it to say that it will be in the interest of the State government to pass on the investigation to the CBI instead of opposing it tooth and nail through its redoubtable counsel K.T. Tulsi. This is, of course, only if it has to hide.

I salute the Supreme Court for the extreme patience it has displayed in the matter. After receiving the first affidavit from the government, it has deferred its final orders until a status report is filed by the former. This is appropriate, as one will have to be fair to the State police, instead of rushing to condemn it as a useless outfit that acts wholly under the orders of the government.

If the Supreme Court is not satisfied with the progress of the investigation or the manner in which it has been conducted, the court will ultimately have no option but to ask the CBI to take over.

Need for reforms

The issues involved here eventually lead us to the fundamental question of the much-needed reform in the Indian police establishment. This is because those who want a CBI investigation allege that the Gujarat Police will be under immense pressure from the Modi government to effect a cover-up of its links with the police leaders behind the killings. This is, in effect, an admission that no State police force is free to act in a professional and clinical manner.

This is no sensational revelation. All of us know how the State police forces act as the handmaiden of the ruling party. It is because of this ludicrous situation that the Supreme Court, in its order last October, directed State governments and the Centre to implement the National Police Commission (1977-81) recommendations in toto.

Very few States are willing to do so. Some have bought time and some have stated categorically they are not in a position to bring about the changes recommended, such as the new procedure to appoint a Director-General of Police with a mandatory tenure of two years and the constitution of a State Security Commission. A few States have reportedly even questioned the Supreme Court's jurisdiction in ordering the reforms. At least one State has asked for a review of the Supreme Court's order.

The motive behind such reluctance to give a measure of independence to the police is unconcealed; it is to retain the authority to indulge in arm-twisting the police so that it acts according to the ruling clique's whims and fancies.

One must concede that there is a certain honesty, apart from unanimity, on the part of States in not masking their desire to misuse the police to serve their narrow political ends. When this is the deplorable situation in the country 60 years after Independence, how can you expect the Indian police to behave differently towards Sohrabuddin and his wife?

Our only hope is the Supreme Court. If it is unable to steamroll the reforms it ordered last year, we can safely write off the Indian police forever. I am convinced that if these reforms do not come now, they will not come at all.

And we will continue to bear witness to the horrors such as this one in Gujarat with alarming frequency.



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