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Ex DGP writes to the President on the Gujarat Extra judicial killings

IMPORTANT / MOST URGENT

R.B. SREEKUMAR, IPS (Retd.)
Former DGP, Gujarat
RB Sreekumar rtd DGP
“Sreelekshmideepam”
Plot No. 193, Sector-8,
Gandhinagar – 382008
Gujarat
Email : [email protected]
Tel (R.) 079-23247876
Mobile – 09428016117
Noida T. No. 0120-4284799

Letter No. 3. RBS/Encounter/3/2013 dated 15-07-2013

Sub:- An appeal to remedy elitist lobbyism against the Rule of Law.

Respected Rashtrapatiji,

I am a former DGP of Gujarat State and I retired form service on
28-02-2007. I have submitted a lot of evidence (9 Affidavits – 663
pages and other documents) to judicial bodies probing into 2002
anti-minority , on the genesis, course and aftermath of communal
violence in Gujarat, subversion of Criminal Justice System (CJS) to
deny, delay and derail justice delivery to riot victim survivors and
fake by Gujarat Police. Now I am engaged in assisting the
riot affected and NGOs, as an Advocate, fighting for justice.

2/- Recent investigation by CBI into extra judicial killings of Ishrat
Jahan and 3 others, had reportedly brought out substantial evidence on
the culpable guilt of a few Central IB officials, in planning and
execution of this fake encounter, by teaming up with Gujarat police.
The Sangh Parivar, Modi Government, self-appointed supporters and
resource persons of IB have, of late, launched a vigorous campaign to
get the accused IB officials immunized from arrest and prosecution.
Media reported various grounds advanced by these saviors of IB to
pressurize and cajole the Union Executive – The Prime Minister and MHA
– for restraining CBI from performing its duty of investigating Ishrat
Jahan case, as per the stipulations of the Criminal Procedure Code
(CRPC), without fear or favor. Reports also indicate that MHA
officials had summoned the CBI Director and asked him to take care of
sensibilities of IB in this matter.

3/- A few former Directors of CBI, IB and Governor of Andhra Pradesh,
Shri ESL Narasimhan (former IB Director) had argued that arrest of IB
officials, irrespective of availability of sufficient evidence against
them, could jeopardize IB operations for internal security, besides
affecting morale of IB personnel. They emphatically asserted that “the
Government should have filed an Affidavit in the Apex Court stating
that IB should not have been dragged into the matter”. The thrust of
this argument is against the foundational principals of the
Constitution of , the canons of the Rule of Law and inviolable
universal human rights and does amount to insulate IB functionaries
from the discipline of legality, even though IB functions without any
legal empowerment through enacted law.

4/- In the legal perspective, if any functionary from political and
administrative bureaucracy of the Union Executive – The Prime Minister
to Union Home Secretary – being pressurized by protagonists of IB,
does influence or instruct the CBI to take a particular direction in
case investigation, bypassing the truth and substantial
evidence emerging in the investigation, they would be liable for an
offence under section 186 IPC “Obstructing public servant in discharge
of public functions”. The Central Government, being part of the
Executive has only administrative authority over CBI and investigation
of cases by CBI is done on behalf and under the direction of relevant
judicial authorities. As per section 36 of CRPC, only hierarchically
superior police officers of the Investigating Officer (IO), viz. SHO
has authority to supervise investigations.

5/- Let us hope that nobody from the Central Govt. will venture to do
the misadventure of intervening and meddling with the CBI
investigation in Ishrat Jahan encounter case. Moreover, on the basis
of evidence or reasonable suspicion or reliable information, or on a
petition u/s 319 CRPC, if Court brings IB officials under the clutches
of law, the authorities who influenced CBI investigation would be put
in an indefensible situation.

6/- The argument that arrest of IB officials would demoralize IB
personnel and damage IB operations sounds like tail (IB) wagging the
head (Government) and IB leadership indulging in soft blackmailing of
its bosses. IB’s charter is for collection of information, through
human and material resources, on threat to internal security of India
and any operation with this objective is acceptable and laudatory. In
the case of the premeditated murder of Ishrat Jahan and four others
and Sadik Jamal, in a different encounter, a few IB officials,
particularly a Joint Director, in-charge of Gujarat State (posted in
Ahmedabad from 2001 – 2005) and his staff, had gone beyond their call
of duty and became abettors and collaborators, with a mafia of Gujarat
police officers, for carrying out the hidden agenda of Modi Govt. to
eliminate Muslim youth for enhancing the image of the CM Narendra
Modi.

7/- These extra judicial killings were carried out by a selected group
of Gujarat police officers (most of them are in jail since 2007 – four
IPS officers – for their guilt in multiple fake encounters), who had
direct extra hierarchical constant accessibility to the CM Narendra
Modi and Minister Amit Shah, (arrested for the murder of Sohrabuddin
Sheikh and released on bail). It is relevant to note that Joint
Director IB, Ahmedabad who succeeded the controversial Joint Director,
Rajendra Kumar, is not facing any allegation for involvement in any
such crimes, though the “encounter specialists” of Gujarat police
continued to eliminate the so called “Muslim militants, planning to
assassinate ” till their arrest in February 2007.
Strangely Jihadi groups DID NOT send anybody to attack Narendra Modi
and other Hindu leaders after the imprisonment of policemen accused of
fake encounters!!!

8/- Evidence before Justice Nanavati Commission (JNC) available in the
public domain, revealed the professional lapses of IB unit of
Ahmedabad in failing to provide real time actionable, specific, pin
pointed preventive advance intelligence about 1) the timing of return
of Gujarat contingent of Kar Sevaks from Ayodhya on 27-02-2002 (this
would have facilitated Gujarat police to keep special bandobast in
Godhra Railway station), 2) the actual causes and course of Godhra
train fire incident killing 59 Hindus – though IB agents reportedly
traveled with Gujarat Kar Sevaks on their onward and return journey
from Ayodhya, 3) location of extensive planned attack on Muslim
settlements after Godhra incident by armed Hindu mobs 4) subversion of
CJS by Modi Govt. against the riot victims and witnesses resulting in
the Apex Court ordering a) constitution of Special Investigation Team
(SIT) to probe into 9 major carnage cases, b) transfer of trial of
cases to Maharashtra, c) reinvestigation of 2000 odd riot cases closed
by Gujarat police, d) forming a special task force under Justice Bedi
to probe into 17 encounter cases, e) investigation of a major mass
rape case and encounter cases by CBI, observing that Gujarat police
acted like modern Neros during riots and so on. Besides, Joint
Director Rajendra Kumar persuaded DGP K. Chakravarti on 27-02-2002
forenoon to investigate Godhra train fire incident as an outcome of
international conspiracy, without any valid evidence (to mobilise
Hindu ire against Muslim community for political advantage and
electoral dividends for BJP). The conspirators have been acquitted by
the Court in this case, invalidating the conspiracy theory. Further,
this IB officer had also advised Gujarat State Intelligence branch to
fabricate false reports against a political party.

9/- It is widely felt that a set of officers close to CM Narendra Modi
in Gujarat police had carried out many fake encounters with the
objective to 1) Enhance the image of Narendra Modi, the
self-proclaimed Hindu Hridaya Samrat, as a person constantly targeted
by the Jihadi groups, 2) Generate a sympathy wave among Hindus for
Narendra Modi, 3) Silence critics of Modi in BJP and Sangh Parivar, 4)
Project Gujarat police as an extra vigilant force successful in
pre-empting any threat to VIP security and eliminating the cause of it
in time, and 5) Generate a fear psychosis among the minorities.

10/- All these facts would establish that IB officials interrogated by
CBI for Ishrat Jahan case had certainly not confined themselves to
their ambit of duties and prescribed code of conduct. They had
absolutely no authority under law to arrest or detain any person, on
the pretext of interrogation also even if they were activists of
Lashkar-e-Toiba. Even if the people killed in encounters were
condemned prisoners by the court, Gujarat police and IB had no legal
powers to eliminate them in cold blooded murders. After all, success
of Maharashtra police to arrest and secure Ajmal Kasab of 9/11 attacks
on Mumbai, only had helped India to conclusively prove Pakistan’s
involvement in this devilish assault on our country.

11/- Everybody knows that only armed forces are exempted from arrest
and prosecution for their operations in areas where special laws are
enforced i.e. Jammu and Kashmir and North Eastern states. Therefore,
the deviant acts of IB officials in joining Gujarat police in planning
and execution of fake encounters should be viewed seriously and any
laxity would be exploited by enemies of India, propagating that
minorities are not getting proper justice. This would help
internationally organized Islamic Jihadis to get recruits for
anti-Indian nefarious activities. Should we create a favorable
ambience for such elements, within and outside India, for the mirage
of IB personnel’s morale? Is the morale of IB functionaries more
meritorious and valuable than the lives of Indian citizens?

12/- The Governor of Andhra Pradesh, as a former Director of IB is an
interested party in this matter and so he should not have intervened
with a letter to the Prime Minister, aiming at neutralization of any
action by lawful authority of CBI against IB officials. The Governor
had violated the constitutional constraints and legal framework within
which he had to function and particularly the letter and spirit of
Article 51(A) of the Constitution of India. In fact anybody including
Director IB endeavoring to protect the accused IB officials, allegedly
involved in extra judicial killings, should approach relevant judicial
bodies instead of exerting pressure on Union Government – an Executive
Authority having no powers over CBI under law, to guide and influence
the course of any investigation. If CBI buckles down under such
pressure tactics and de-professionalize the investigation for helping
the accused, this agency would be committing an offence under section
217 IPC – “Public servant disobeying direction of law with intent to
save person from punishment”.

13/- Repeated electoral victories had arrogated and energized BJP and
Narendra Modi to continue with blatant violation of structured scheme
of Law and its due process. The latest instance is the case of an IPS
officer – ADGP Crime, P. P. Pandey, declared by the Court as a
proclaimed offender, in Ishrat Jahan case, remaining untraced since
5th May, 2013, and not being suspended by Modi Government, as per the
legal requirements of Gujarat Police Manual and All India Service
Rules.

14/- The IB’s guilty role in fake encounters in Gujarat is, perhaps,
the only instance, in 125 years long history of this organization, of
its misuse by a State Government, presumably with the consent of NDA
Government in the years 2002 – 2004. This is a dangerous trend,
injurious to federalism, unity and integrity of India. The role of IB
headquarters and MHA in this unholy affair should be probed deeper and
remedial measures ought to be streamlined.

15/- The President of India is the senior-most servant, soldier,
protector and Dharma Yodha of the Constitution of India. Therefore, I,
humbly appeal to you to initiate appropriate steps to prevent and
neutralize any move from Government or non-governmental groups or
persons, from impeding CBI investigation in Ishrat Jahan encounter
case and other fake encounter cases in Gujarat. Any action to anoint
IB officials, accused of collaboration in fake encounters, with the
oil of innocence, violating the procedure established by law and
through illegal extraneous pressure, would result in IB degenerating
into India’s Inter Services Intelligence (ISI).

The pivotal scripture of Hinduism – The Bhagwat Gita – emphasizes the
primacy of law (Shastras) in Chapter 16, Sloka 24:-

“Law alone determines what is to be done or not and so one should
become aware of what is prescribed in law and perform duties
accordingly.”

Tasmac chastram pramanam te karyakarya-vyavasthitam |
Jnatva sastra-vidhanoktam karma kartum iharhasi ||

With profound regards,

Yours faithfully

R. B. Sreekumar

To,

Shri Pranab Mukherjee,
Hon. President of India
Rashtrapati Bhawan
New Delhi – 110004

Copy with compliments to:

Shri. Manmohan Singh,
Hon’ Prime Minister of India
152, South Block,
New Delhi – 110011

 

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