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Jaya Vindhyala KILLINGS SHOULD BE STOP .. Jaya Vindhyala, Advocate, High Court, Hyderabad, Telangana The erstwhile combined state of Andhra Pradesh was notorious for `fake encounters’ in the country. After ten months of the bifurcation of Read more ... the state into Telangana and Andhra Pradesh once again coming in to the world focus by the police resorted to killing of 25 people, 5 from Telangana State and 20 from Andhra Pradesh State. In Telangana, the incident in Warangal district, the police escorting five under-trial prisoners, who were suspected terrorists, shot them dead on the pretext that one of them tried to snatch a firearm from one of the escorts in a bid to flee police custody. In Andhra Pradesh, the incident where 20 men alleged to be smugglers of red sandalwood were shot dead in the Seshachalam forest of Chittoor district, near Tirupati in a joint-operation conducted by the Andhra Pradesh Police and Forest Officials. The Fake Encounter at Telangana State incident took place in a prison van, where 17 security force members were taking 5 namely Vikhar Ahmmed @ Vikaaruddin, 30 years, (2). Syed Amjal Ali, 29 years, (3). Dr. Haneef, 32 years, and he have three children (4). Mohammed Zakeer, 30 years, (5). Idaar Khan, 28 years and he is from Lucknow. All are under trials from Warangal Jail to a Hyderabad court. It is 150 km away. This encounter happened inside a jail van with all of the under trials killed, while handcuffed to their seats. The police claims that Vikar Ahmed, one of the under-trials, asked to be released in order for him to answer nature’s call. Upon his return he tried to snatch a weapon. The police opened fire when other under-trials allegedly tried to snatch weapons too and this led to all of them getting killed. The police version of the Andhra Pradesh encounter is that newly formed Red-sanders Anti-Smuggling Task Force spotted footprints of the “smugglers” and came across around 100 of them felling trees in the Seshachalam Forest at the foot of the Tirumala Hills. Members of the Task Force challenged them to surrender, but the woodcutters responded by pelting stones. The Task Force in turn responded to the raining stones by firing randomly at the woodcutters, which led to death of 20 of them; the rest ran away. It is surprising to note that a “random firing” in response to stone pelting has resulted in the death of 20 woodcutters. One wonders what could have been the toll had the Force targeted the woodcutters in self-defense. Let us forget how disproportionate it is to use bullets for stones, even if the stones were “raining” down. The alleged encounter took place in a jungle after all and trees could have given ample protection till the Task Force was able to gather itself. How could Vikar Ahmed attempt to snatch a weapon from the security personnel, as under-trials are never let-off alone, not even to use the toilet? As standard operating procedure, security personnel always escort under trials. Furthermore, even if he did attempt to snatch weaponry, how come a 17-member security force failed to overpower him without firing? Were not remaining four, as per their own claims, still handcuffed. It is impossible to believe this uncanny and highly improbable story, why exactly did the police need to kill the other four under-trials? In both cases, the police have claimed the killings were in self-defence. However, the detailed press coverage throws serious doubts on the veracity of the police claims. News reports state that the five under trials in Warangal were vastly outnumbered, in a contained space, by their police escorts numbering at least 15; and that most of those killed in Chitoor had bullet marks at the back of their heads. There have been no reports of police personnel suffering serious injuries from either incident, despite the total fatalities on the other side. Both appear to be cases of extrajudicial killings by the Telangana Police and Andhra Pradesh Police. Both the governments failed to undertake steps in compliance with guidelines laid down to investigate police encounters in the Supreme Court judgment. The silence of both the chief ministers on these incidents, gives scope to believe that with their knowledge and support only police resorted to such extrajudicial killings. The suspect terror Vikar Ahmed has submitted a representation to the trail court on the previous day, when they were produced before the court, he may be killed if police allowed to lodge him in Warangal and brings for court daily. So, he requested to shift him a prison in Hyderabad. The court adjourned for next day i.e. 07-04-2015 for hearing of his representation. But he was killed on the next day. These five killings are widely believed as police `retaliation’ for the SIMI suspects killing of three police personnel in the previous week in Nalgonda district of Telangana. We definitely condemn the killings of police at Suryapet and Janakipuram too, but police reaction on 7th of April, 2015 is one black spot on their organization. It is also believed the people of Telangana that some politicians and some police officials have been exploiting such terror suspects for their vested interests facilitating `communal polarization’. AP Encounter: It is a fact that none of killed were smugglers or any influential person. All of them are daily wage earners and were brought from Tamil Nadu offering huge amount of wages. The lone survivor of the encounter claimed that Andhra Pradesh Police killed seven men who were pulled out of a moving bus. The Andhra Pradesh police pulled seven members from moving bus at Nagari area which is coming via Thirutti to Tirupati. Stating that the alleged red sanders smugglers were killed in cold blood, the families are refusing to cremate the bodies. The police released some video clippings showing movement of some people cutting trees, they need to be established that people shown in that video were including those were killed in encounter. Unfortunately, the encounter led to protests against buses and institutions belongs to Andhra Pradesh people, in Tamil Nadu. The police using fire arms against `unarmed’ daily wage earners, unable to break the intense political connections with smuggler lobby. It is believed several high-profile politicians from the states of Tamil Nadu and Andhra Pradesh are behind these smugglers. Government till now failed to expose such connection. After formation of the State, it is third encounter in Andhra Pradesh. The police organization that there is no concept much less any legal provision for “Encounter Death” as manifested by the police. Neither the provisions of the IPC nor the provisions of the Cr.PC and nor the provisions of any other law dealing with any crimes and criminal investigation does the expression “Encounter Death” appear. It is mere invention created by the police without any basis of law. While the matter has been adjudicated several times by the courts not only the discountenancing but also condemning the action of causing deaths of the persons in the custody naming them as “Encounter Deaths” in the latest Full Bench judgment of the High Court of Andhra Pradesh comprising of five Judges it has been authoritatively laid down that in case of every unnatural death caused even by the police force under the pretext of self defense must be reported and made the subject of ordinary enquiry under the provisions of Cr.P.C and also naming all the police personnel causing deaths. Such police personnel must be left to defend themselves in one or the other provisions contained in the Chapter relating to “General Exceptions” in I.P.C. Putting in other words, every claim made by the police personnel claiming the defense “self defense” either under the guise of encounter or otherwise, must NECESSARILY be subjected to an adjudication by a competent court. Otherwise, all the deaths caused by the police under the ‘fictitious’ name of encounter will be a cases of culpable homicide amounting to murder. The Both States and Central Government should adopt principles of Constitution of India, otherwise, people of this STATE will have to use weapon in coming elections.