2007 Gujarat Fake Encounter Controversy

The 2007 Gujarat Fake Encounter Controversy started when the police of Gujarat state in India admitted on March 23 2007 to the killing of an alleged extortionist (claim, [http://www.dailypioneer.com/columnist1.asp?main_variable=Columnist&file_name=ashok%2Fashok75%2Etxt&writer=ashok] ) "Sohrabuddin Sheikh" in a staged gun battle (such battles are known as an "encounter killings" in India) on November 26 2005. [cite_web |publisher=British Broadcasting Corporation | title=Gujarat admits wrongful killing |url=http://news.bbc.co.uk/2/hi/south_asia/6487095.stm |accessdate=2007-05-12] [cite news|url= http://news.bbc.co.uk/2/hi/south_asia/6607633.stm|title= Gujarat says missing wife killed |accessdate=2007-09-01|publisher=BBC News] The police at that time had claimed that the man, belonged to the Pakistan linked terrorist group Lashkar-e-Toiba and was planning to assassinate Gujarat Chief Minister Narendra Modi to avenge the death of Muslims killed in the 2002 Gujarat violence. The government also admitted that Sohrabuddin's innocent wife Kausarbi had been killed by the police and her body burnt in an attempt to remove the traces of the crime.

The Accusation

A journalist Prashant Dayal, reported the story in November 2006 of the fake encounter. According to him,

upreme Courts intervention

Responding to a petition filed by Rubabuddin, Sohrabuddin's brother, which claimed that that the Gujarat police's encounter was fake and demanding his sister-in-law Kausarbi's whereabouts, the Supreme Court intervened in the case.

The Supreme Court also asked the Gujarat government to place before it the inquiry reports prepared by the senior Indian Police Service officer Geetha Johri, which allegedly had said Soharabuddin was killed in a fake encounter. Johri had been removed from the investigation after this. [ [http://www.rediff.com/news/2007/apr/30fake.htm Kauser Bi killed, body burnt; Gujarat govt to SC ] ] On May 3, the court asked the government whether Johri had been dismissed from the investigation so that a further probe wouldn't be carried out, and directed it to submit a final report on May 15, the day it will give the final order. [ [http://in.rediff.com/news/2007/may/03fake.htm Gujarat fake encounter: SC order on May 15 ] ] Meanwhile, Gujarat government had suspended Gujarat cadre Indian Police Service officers D G Vanzara and Rajkumar Pandiyan, that were arrested in connection with the fake encounter.

Allegations

The case has seen a number of allegations being put forward. Firstly, Sohrabuddin was alleged as an extortionist by Prakash Dayal, the journalist who broke the news of the encounter. Next it has been alleged by the Union Textile Minister Shankersinh Vaghela that Sohrabuddin and several other persons were killed in a similar fashion at the behest of Gujarat Chief Minister Narendra Modi. [ [http://www.rediff.com/news/2007/apr/29fake.htm?zcc=rl Gujarat fake kills: Will truth emerge? ] ] Many local Indian National Congress leaders have alleged that the senior BJP leader Om Mathur, Minister of State for Home Amit Shah and Modi are responsible for hatching the conspiracy of the fake encounter. The intriguing part is that DIG Vanzara was a known favourite of Narendra Modi and Amit Shah. [ [http://www.rediff.com/news/2007/apr/25spec.htm Rickshaw driver -journalist behind Gujarat arrests ] ]

Geetha Johri's investigation

Geetha Johri had been removed from the investigation, and the reason is as yet unknown. The report submitted by her however contained a direct reference to the state government. In it, Geetha Johri speaks of "the collusion of [the] State government in the form of Shri Amit Shah, MOS for Home." It says the episode "makes a complete mockery of the rule of law and is perhaps an example of the involvement of [the] State government in a major crime." In Part B of the report, she records facts relating to repeated attempts by the accused and Mr. Shah to sabotage the fake encounter enquiry. The report states that Mr. Shah "brought to bear pressure" on the enquiry process, with the result that Ms. Johri was directed to suspend the enquiry and the enquiry papers were taken away from her "under the guise of scrutiny." Mr. Shah even "directed Shri G.C. Raigar, Additional Director General of Police, CID (Crime & Railways) to provide him with the list of witnesses, both police and private, who are yet to be contacted by CID (Crime) for recording their statement in the said enquiry. Such direction of Minister of State for Home goes beyond the scope of his office, was patently illegal and apparently designed to provide the same list to accused police officers... so as to enable them to take measures in their defence." Mr. Shah's influence also led to Ms. Johri being instructed "orally" not to register a First Information Report. [ [http://www.hindu.com/2007/05/05/stories/2007050510410100.htm The Hindu : Front Page : Geetha Johri report speaks of "collusion of State government" ] ]

The government was asked by the court to give the reason for Johri's removal from the case on May 15. [http://www.rediff.com/news/2007/may/15gujenc.htm]

A Bench of Justices Tarun Chaterjee and P K Balasubramanyam ruled that Inspector General Ms. Johri would report directly to the Supreme Court. She was reinstated in the same position and also asked to head the fake encounter case involving top police officials from Gujarat. She was also told to ignore the instructions of Director General of Police in relation to the case. [http://www.expressindia.com/fullstory.php?newsid=86609]

CBI enquiry

In view of the allegations of the state governments involvement in the crime, there have been demands of holding a Central Bureau of Investigation (CBI) enquiry, by which investigation would be carried out by the federal police. The Gujarat government has until now resisted these attempts. The central government has supported a court petition demanding a CBI enquiry. [cite_web | publisher=Rediff.com | title=Centre for CBI enquiry into Gujarat encounters | url=http://in.rediff.com/news/2007/apr/26fake.htm |date=2007-04-26 | accessdate=2007-05-12] Geetha Johri had recommended a CBI enquiry in her report. [cite_web |publisher=The Hindu | title= Geetha Johri report speaks of "collusion of State government" | url=http://www.hindu.com/2007/05/05/stories/2007050510410100.htm | date=2007-05-05 | accessdate=2007-05-12]

On 17 May, The Supreme Court has said that no CBI enquiry is to take place as yet. [http://www.ibnlive.com/news/no-cbi-probe-in-encounter-case-sc/40754-3.html]

References