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| Bedlam in LA over Justice Gandhi report on Kishtwar riots | | BJP, PDP legislators demand Kichloo's arrest | |  Gandhi Commission indicts civil administration, senior Police officers of dereliction in duty
Asif Iqbal Naik
Early Times Report
Jammu, Mar 29: After selective leaking of the Justice R C Gandhi commission report submitted by him to the government on 16-3-2014 indicting former Minister of State for Home in Omar Abdullah government, the members of ruling Bhartiya Janta Party (BJP) and Peoples Democratic Party (PDP) today demanded an immediate arrest of former MoS Home Sajjad Ahmed Kichloo for his role in August 9, 2013 Kishtwar communal riots which resulted into the killing of three persons beside loss to public and government property after the rioters created havoc in the town in a free for all situation.
As soon as the Jammu and Kashmir Legislative Assembly started its proceedings, members from the treasury benches including MLA Doda Shakti Parihar, MLA Ramban Neelam Langeh, MLA Bhaderwah Daleep Parihar were on their feet raising slogans against former MoS Home Sajjad Ahmed Kichloo claiming that Justice Gandhi Commission probing the Kishtwar riots had indicted Kichloo, the then Inspector General of Police (IGP) Jammu Rajesh Kumar, the then DIG Doda-Kishtwar-Ramban range Ashkoor Ahmed Wani, the then Deputy Commissioner Kishtwar Mohammad Saleem, the then SSP Kishtwar Dr. Sunil Gupta, duty magistrates and others.
Amid protests and sloganeering, members demanded arrest of Kichloo and a reply from the government over the issue. After realizing that the hue and cry is going louder, Minister for Law and Parliamentary Affairs Basharat Ahmed Bukhari reacted to the situation and said that the government has received the report from the Gandhi Commission, but was yet to examine the report. He said that the government will study the report and will accordingly decide its future course of action.
As the protests continued in the House, Speaker Kavinder Gupta said that the issue cannot be taken up as Kichloo is not a member of the House after which the MLAs took on their seats.
As per the details available with "Early Times", Former Jammu & Kashmir Minister of State for Home, Sajjad Ahmed Kichloo, is among dozens of senior civil and police officers including senior IAS and IPS officers indicted by Justice (retired) R C Gandhi Commission into the 2013 Eid communal violence which left three dead and several others injured. After Kishtwar violence, Kichloo was forced to resign but was re-inducted on 21-12-2013 after an interim report submitted by the Commission on 20-12-2013 exonerated him from all charges.
While BJP today demanded stringent punishment for those indicted for the riots including Kichloo, National Conference leader Mohammad Akbar Lone sought complete report so that the truth comes out and the guilty can be prosecuted.
"It is wrong to pre-judge things and blame one person," said former Speaker and NC MLA Mohammad Akbar Lone, adding the Commission is not the final authority to indict anybody.
"There are some people who are involved in this case and are elected members (Referring to MoS R&B and Revenue Sunil Kumar Sharma who is also MLA Kishtwar))--- We want full fledged probe so that truth comes out--- Government should examine both the reports- the interim and the final one-and after that action should be taken," said Akbar Lone.
The sources informed the "Early Times" that Justice Gandhi though did not find Kichloo guilty of instigating violence, but passed critical remarks on him in handling the situation.
"Being Minister of State for Home, the police and security setup comes directly under his (Kichloo's) control--- instead of hiding himself inside the four walls of government guest house, Kichloo should have activated the security forces as a morale booster and a guiding person to prevent the situation from taking ugly turn" stated Gandhi Commission Report. It stated Kichloo failed to act properly and cannot evade responsibility and should be held guilty of dereliction of his duty as a public representative (Referring to peoples representative Act)".
While talking to "Early Times", BJP MLA Ravinder Raina said Justice Gandhi Commission was set up by the Omar Abdullah government and the PDP-BJP government should swiftly act on its findings, adding that his party from day one has always been saying that Kichloo was involved along with other officials in the communal clashes. He said the report is with the government and it is being examined. "I want to say that the person who has tried to create a communal divide in the state should be arrested," Raina said and also hit out at former Chief Minister Omar Abdullah for shielding Kichloo and also demanded his arrest.
"Not only Kichloo, even the then Chief Minister (Omar Abdullah) also needs to be arrested for giving statements that misled the Assembly and also the people of the country and the state," Raina said and described the Kishtwar violence on Eid, a conspiracy to divide the entire state on communal lines.
Downplaying the urgency of arrest of Omar Abdullah, Kichloo and other senior police and civil officials, Education Minister Naeem Akhter said that the report is not a binding on us (Government) as it is a fact finding enquiry, adding that if Justice Gandhi has made some recommendations, it will be deliberated upon by the state cabinet.
While fixing responsibilities on administration and police, Justice Gandhi taking into consideration the evidence available on record which has been mentioned in the report and the observations made by the Commission on the basis of their statements, it clearly establishes that there is prima-facie sufficient material on record in the form of evidence to hold Mohammad Saleem, IAS the then Dy. Commissioner, Kishtwar responsible for his negligent and irresponsible acts, conduct and behavior which resulted into the failure of the law & order machinery causing loss to the life and property in the District.
Commission in his report suggested tough departmental action against the guilty cops as well as against the officers found guilty by the commission in its report. The report also contains some solid evidences that can help the police to book the accused involved in violence related cases.
The report also stated that there is sufficient evidence on record for holding inquiry into the conduct of 4 Magistrates, namely Majid Jehangir and Rajesh Thakur, Naib Tehsildars, Ali Imran and Farooq Ahmed, Lecturers of Education Department for dereliction of duty.
Among the four duty magistrates, two stated that no violence took place inside Chowghan ground and even shows their ignorance about the death of any person whose body according to witnesses found inside chowghan ground, while two other duty magistrates stated that after seeing the violence, both left the venue and hide inside a private school building and a nearby house. During cross examination, former SHO Kishtwar Deepak Pathania also failed to provide actual details about the death of one Bashir Ahmed Moochi who was burnt alive by the unruly mob after violence.
Police has also failed to present the site map and location from where the said dead body was recovered even though the SHO in his statement confirmed that he has recovered the body of the deceased from inside Chowghan ground. The other person Arvind Raj Baghat was also killed on the same day near Kuleed Chowk Petrol Pump due to bullet injuries while the 3rd person namely Bashir Ahmed Khandey was killed on next day of the violence at Gulabgard Padder after he was dragged out from ambulance and was lynched to death.
Commandment SSB was also cross examined by the commission with regard to the burning of Amar Market wherein the SSB Officer stated that they have no order to move outside the bunker. He stated that in case any Jawan leaves the bunker without permission, under law in case the Jawan was found guilty, he is liable to be punished up to the term of 14 years. The commission while rejecting the claim of commandant SSB found him guilty as well as his officials assigned with the duty of security and the same was included in the security plan on the day when the violence took place. The commission while fixing responsibility on SSB, stated that the force was replaced with CRPF for maintaining law and order in the District, added that they (SSB) cannot escape from its responsibilities and the job assigned to them by the government as well as by the District SP in security plan for the day.
The commission also passed the comments against former Director General of Police Ashok Prashad, IGP Rajesh Kumar & former Home Secretary Suresh Kumar who arrived at Kishtwar helipad when violence was still going on in the town and its peripheries, added that both the officer fail to move out of the helipad area guarded by the army, added that in case both the officers would have moved outside the helipad on time, the security forces on duty could have acted against the rioters who otherwise allows them to do whatever they want to do in accordance to their own will.
"The visit of Home Secretary, DGP and IGP to Kishtwar on riot day was an exercise in futility as it did not fulfill any purpose when the situation was brought under control hours after both the senior government functionaries arrived in the town" Commission report stated.
The Commissioner found that DIG Doda-Kishtwar-Ramban Range left the station unauthorizedly to celebrate Eid with his family at Jammu and also ignored the public warnings, as people of Kishtwar during his public darbar at Tourist Reception Center Kishtwar informed him about apprehension that few people are trying to disturb the secular fabrics and demanded arrest of all such persons with immediate effect. The people also made similar complaints to the then IGP Jammu Rajesh Kumar, but found that both the officers give deaf ear to public concern later resulted into the violence.
Commission found that Kishtwar violence was the outcome of tussle between the hardliners groups hailing from both the communities, added that Gool violence, rape of girl by VDC and incidents of Kashmir plays key role in unsparing the public anger resulted in the violence and suggested tuff action against under law against the guilty persons against whom there are sufficient evidences.
Commission that has indicted several police and civil officials exonerated former Tehsildar Kishtwar Indeerjeet Parihar, Naib Tehsildar Arun Sharma, Sub Inspector Nayeem Mattoo from charges of negligence and dereliction of duty. Justice Gandhi in his inquiry found that despite repeated directions to SSB & JK Police personnel by Tehsildar Kishtwar and his deputy, they did not obey their orders and instead prefer to stay away from the situation. Commission has also mentioned about some innocent persons framed in the violence related cases and had suggested for reinvestigation of these cases, beside also pointed out that many accused who were declared absconder by the court are roaming free, visiting government offices, sitting in shops and doing business, while police was acting as mute spectator and fail to arrest them. The commission found that the worst part of the violence is in between 11.30 AM to 2.30 PM and added that the army (17 RR) has reached at Dak Banglow Kishtwar in between 1.30 PM to 2 PMand joined the administration in maintaining law and order. The Commission also passed strict remarks on 8 RR and 9 sector command of army added that 8 RR camp is situated few hundred meters away from the violence hit area, while Headquarter of 9 Sector RR a Kilometer away, but found that both fail to act on time while 17 RR Commandant along with his team manage to reach Dak Banglow Kishtwar which is around 12 KM away from the 17 RR headquarter falling in Dool area of the District.
The commission also questions the role of various security agencies gathering information and keeping an eye on activities of anti national and anti social elements.
Justice R C Gandhi report is based on cross examination of 388 affidavits submitted by the public which include some key eye witnesses, beside on the statement and affidavits submitted by independent witnesses, 8 Duty Magistrates deployed on duty by the then Dy. Commissioner Kishtwar, 17 Sector Officers and 8 Zonal Officers deployed by the then SP, Kishtwar in the town, the affidavit filed by " the Commandant of the 8 RR who came in the city for imposition of curfew, affidavit of the Dy.SP, Law & Order, the then SP, DIG Doda Range, affidavits of UGP, CID and former MOS Home Sajjad Kichloo.
Commission during the whole exercise also questioned the former Deputy Commissioner Saleem Mohammed Chowdhary, former SP Kishtwar Dr. Sunil Gupta, DIG Ashkoor Wani and found many flaws in their statements and have passed some worst kind of references against them in his report.
"Though the District Administration claims that they fax the requisition to army commander by 11.35 AM and also produce the copy of recipient of the fax automatically delivered by the fax machine and tries to put blame on delayed arrival of the army, but on the bases of the ground evidence, army (17 RR) started the process of clearance of the mob from roads within half an hour after receiving requisition from administration and by 1.30 PM, the army team lead by Commanding Officer 17 RR rescued the Deputy Commissioner Kishtwar from a house adjacent to Dak Banglow Kishtwar where he was trapped along with the then MOS Home Sajjad Ahmed Kichloo" stated the commission, added that whole administrative setup cannot escape the responsibility by putting the blame of delayed arrival of army while sufficient strength of security personnel and duty magistrate was available with administration to tackle such situation.
On the bases of the in depth inquiry over the period of nearly 19 months after his appointment as head of commission of inquiry, Justice Gandhi in his report indicted majority of security personnel on duty on the day of violence, beside found guilty majority of the duty magistrates, zonal heads and SSB commandant for dereliction of duty.
It is pertinent to mention that after August 9, 2013 violence, Kishtwar police registered over one dozen FIRs in which nearly 400 to 500 people were named as accused and among these, nearly 200 accused were arrested by the police and were later bailed out from the local as well as from High Court, while several others are still at large despite local courts issued warrants against them U/S 512 Cr.Pc.
The Gandhi Commission was constituted on August 23, 2013 by government to inquire into theAugust 9 communal clashes and subsequent incidents of violence in Kishtwar, beside the circumstances which led to the violence and arson and the consequent loss of life and property in District Kishtwar and also the administrative lapses, if any, while handling the situation. Justice Gandhi in his inquiry will also fix the responsibility of the persons, involved in acts of violence, arson and the loss of life and property. |
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