Islamic Terrorism in India

Most Muslims are not terrorists, but most terrorists are Muslims

NHRC clean chit for Batla house encounter against Islamic terrorists

Posted by jagoindia on July 23, 2009

NHRC clean chit for Batla encounter

The National Human Rights Commission (NHRC) on Wednesday cleared the Delhi Police of charges that it had abused human rights in the Batla House encounter.

In a report submitted before the Delhi High Court, the NHRC held there had been no violation of human rights in the incident and that policemen were compelled to fire at the alleged terrorists in “self-defence”. The NHRC said there was no reason to discredit the police theory and preferred the case be closed.

In the shootout last September, the force lost police inspector M C Sharma. Two suspected Indian Mujahideen terrorists, Mohd Atif Amin and Mohd Sajid, were also killed in the firing.

The NHRC’s 30-page report stated: “We are clearly of the opinion that having regard to the material placed before us, it cannot be said that there has been any violation of human rights by the action of the police party. Since there was no violation of human rights, nothing further is required to be done by this Commission and the case is closed.”

It added: “Since they resorted to firing causing serious injuries, the police party was fully entitled to defend itself by taking appropriate measures. There is ample and sufficient material before us, which leads to the irresistible conclusion that there was imminent danger to the life of members of the police party.”

The Commission also rubbished the theory that “inter-departmental rivalry” might have led to the death of Sharma. It said doubts of the complainant, one Kamran Siddiqui, “have absolutely no basis”. It said Sharma’s postmortem report is “conclusive proof” that he had a gunshot wound on the “hypochondriac region of the abdomen”, which completely ruled out an attack from behind (as reported by a newspaper).

The report said Sharma “did not consider it prudent” to wear a bulletproof jacket because that might have alerted the occupants of the flat. The report stated: “There can be various reasons and it will not be proper to speculate why Inspector Mohan Chand Sharma did not wear a bulletproof jacket.”

Over the contentious issue on how two alleged terrorists managed to give the slip, the Commission said it was “possible in the melee”.

The NHRC was asked by the High Court to inquire whether the police had opened fire without justification on September 19 last year or whether it had exercised the right of self-defence.

The next date of hearing in the case is August 3, when the report will be examined by the High Court.

Meanwhile, while M C Sharma’s wife Maya Sharma told Newsline she is happy with the report, the civil rights group — Jamia Teachers’ Solidarity Group — has criticised the NHRC’s findings. It claimed the Commission’s inquiry was carried out in an “inexplicably secret manner” and that it never heard the voices from Azamgarh — of the families of those accused and killed — or that of other rights groups campaigning on the issue.

Report highlights
The NHRC report brings to light minute details of various medico-legal and forensic reports on deaths of Inspector M C Sharma and suspected militants Atif Amin and Mohammed Sajid:

* 5 wounds found on Inspector Sharma’s body: 2 bullet entry and exit wounds each and drain tube wound resulting from surgery

* Sharma received 2 bullet injuries: on left arm and abdominal wall, or “on front portion of his body”. Autopsy surgeon opined that cause of his death “in this case is haemorrhagic shock due to firearm injury to abdomen”.

* Postmortem reports of Atif and Sajid mention several ante-mortem injuries, including firearm wounds. Ante-mortem injuries are injuries received before death — they may be a contributing factor in the death, or even its cause

* Serological examination found blood group of both Atif and Sajid was “AB” and bloodstains of the same group were found on the floor

* Firearms examination report confirms from swabs taken from right hands of Atif and Sajid containing gunshot residue. Comparison of these residue with those found on bullet-proof jackets of injured head constable Rajbir Singh conclusively establish Atif and Sajid had both used firearms at the time of incident

* Ballistic expert report confirmed that eight fired cartridge, recovered from the flat, were shot from two pistols that did not belong to the police party and had their marks on Singh’s jacket

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