By M Reyaz, TwoCircles.net,
New Delhi: After the controversial Batla house shootout and the confusion surrounding the incident, then a mass communication student at Jamia Millia Islamia and RTI activist Afroz Alam Sahil filed several RTI applications to the Delhi Police Special Cell, AIIMS, National Human Rights Commission, and in all other concerned departments to know the ‘truth’ behind the Police operation, believed by most civil rights groups to be fake encounter.
After several appeals and order by the Chief Information Commission (CIC), NHRC had finally provided its full report, along with all supporting documents, that included the autopsy reports of the deceased as well as all the letters of communications amongst several departments. The autopsy reports of Atif Amin and Mohamamd Sajid had created furor in 2010 as it gave credence to different theories on the shootout being fake.
TwoCircles.net talked with the RTI activist and journalist, Afroz Alam Sahil on the latest judgement in connection with a case of the Batla House ‘encounter’ in which a Delhi court found Shahzad Ahmed guilty on charges of obstructing public servants in discharge of duties, murder of Inspector MC Sharma and attempt to murder of two other police personnel on Thursday.
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Afroz Alam Sahil in Batla House.
Q: Your first reaction on the judgement?
Sahil: The judgement was disappointing in the wake of the several questions raised not only by the civil society, but even by the defence counsel, which prosecution could not explain. However, this judgement is from the trial court and we still have the options of high court and the Supreme Court. We must not lose hope, for we have seen in several cases that the judgement by a trial court has been completely turned down by higher courts.
I firmly believe that in this country justice may be delayed, but is seldom denied.
Q: But why do you still have your doubts? What makes you think that the truth of that eventful day is not out yet?
Sahil: Immediately after the alleged encounter, several theories started doing rounds and it was amidst this confusion that I filed several RTI applications to unravel the truth. But when from one department to another repeatedly my requests were rejected, its then that my suspensions grew for you try to hide only when there is something wrong.
When you see the events of the whole case, you will realise that all procedures were set aside in this alleged shoot out as the government tried to manufacture consent that the Indian Mujahedeen network has been busted. Although, as the honurable Judge in this case observed that this particular case had nothing to do with their purported links with terror groups, the fact is that the prosecution failed to produce any credible evidence to establish their basic premise that IM members were hauled up in that particular flat.
Q: Can you elaborate more on the norms that you believe were set aside?
Sahil: The NHRC guidelines clearly notes that a ‘Magisterial Inquiry must invariably be held in all cases of deaths which occur in the course of police action and in which next of kin of the deceased must invariably be associated. In this connection the then honourable Lieutenant Governor of Delhi NCT Tejendra Khanna did not allow any enquiry to happen. The Delhi minority commission had constituted a four member fact finding committee, but on the directives of the honoruable Lt Governor that too was not allowed to happen. The NHRC has said on record in a reply to my RTI query that they never visited the site for inspection; and their entire report is based on what the police said. And now in this judgement, the court, it appears, has accepted every argument of the prosecution relating to the events of September 20, 2008. One can go on and on in this...
Q: Coming back to the case of Shahzad Ahmed, while the prosecution claims that he was present in the flat, defence counsel has argued that how could he escape, if at all he was there?
Sahil: Shahazad case is one of the most interesting. In the FIR filed, Police had said that two persons Junaid and Pappu flee from the spot. In some other documents, that I had access through RTI, besides Junaid, if you notice the other name police gave was Shahnawaz or Shahabaz alias Pappu. Now, the police claims that they had found his Passport from the same flat, so if they had the Passport, they should have had the correct name from day one. So why this confusion in name of Shahzad?
In fact one of the “note” prepared by Karnal Singh, Joint-Commissioner of Police (Special Cell) dated 19-11-2008 – again that I accessed through RTI – mentions about seizures made from fake voter I card to education documents as well train reservation ticket, tapes, pencil cell, etc, but does not mention the Passport. Another letter written by Satish Chandra, Special Commissioner of Police (Vigilance), Delhi Police to the Secretary General of the NHRC (19-11-2008) mentions seizures as follows: laptop, mobile phones, pen drives, internet data card, compact disk, digital video cassettes, broken SIMs, SIM cards of various companies, cycle ball bearings, incriminating documents, including fake voter I card, fake driving license, reservation slips. This too does not mention the Passport. This was apparently recovered by ACP Sanjeev Kumar Yadav, the IO of the case (FIR No. 166/08, PS Karol Bagh) from the same spot. So seizures are being made by different police personnel.
Also all bullets fired had matched the arms of raiding party and two guns attributed to Atif and Sajid, so if at all Shahzad was there and fired, where have the bullets or shells gone?
Moreover, his family has denied that his nick name was Pappu. In the initial days of arrest, a story was also planted that Shahzad was planning 9/11 type attack, but that story soon fell flat. All I am saying is that there is much to be yet unearthed. The honourable Judge has relied upon the police version too much, but we hope that once the case is challenged in the High Court, and all evidences are cross checked, truth will come out.
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A narrow bylane in Batla House.
Q: People have out rightly been rejecting the ‘encounter’ theory, but the fact is that even one Inspector laid down his life in the operation and another police officer was injured.
Sahil: I feel most sorry for the martyr MC Sharma and his family. Imagine a police officer died on duty and there are so many questions and suspensions surrounding the whole event. I feel people who call themselves patriotic and nationalist should have been the first one to ask for an independent probe, as the name of a police officer, who had died was being sullied. Government reiterated that it would affect the morale of the police force, I wonder, when entire operation is being questioned and people doubt even the motive that would put down the morale of the police force, or when fair enquiry – and mind you the magisterial enquiry is as I said part of the guidelines of NHRC – which the government did not allow – conducted that would have given them clean chit would have given them moral booster? But the moment you shy away from an enquiry, suspensions of people will get credence.
Inspector MC Sharma was admitted to the nearest Holy Family Hospital, not more than two kilometers away, and later shifted to AIIMS’ Trauma centre, it still remains to be answered that how he lost 2.5 -3 liters of blood, that eventually caused his death. Moreover, the forensic report explains the directions of entry and exit wounds, that have not delved much in the investigations.
I must commend the family of MC Sharma though, who stood through all the tribulations and even then when asked if they wanted death penalty for the perpetrators, his widow answered in negative.
Q: There has been too much of politics on the whole issue, don’t you think that now that the judgement has come, even if we have to appeal to higher courts, but the politics must stop?
Sahil: I completely agree with you that the politics over the death must stop. Unfortunately leaders of all colours have used the Batla House shootout for their own narrow political agendas. Several local politicians have literally risen over the dead bodies of those killed in that flat. Even national leaders have not shied away from exploiting the sentiments of people over the issue.
Do you know so much was reported in media that Jihadi literature was found in flat. But as per police record a book seized was Panchtantra. Now is that a Jihadi literature?
Q: Final question, now that the trial court has given its judgement, what are your demands?
Sahil: First as I said, this is not the end of struggle and the appeal should be filed in the high court soon, once the quantum of punishment is announced on Monday. However, I reiterate the demand for a fair probe into the whole events.