SARDAR PATEL BHAWAN
Name of the complainant :Ms.Nirmala Deshpande
And Others, Delhi
Case No. :199/11/2002-2003
Date :20 March, 2003
Shri Virendra Dayal,
Member
PROCEEDINGS
On
24 February, 2003, a memorandum was presented to the Chairperson, NHRC by Ms. Nirmala Deshpande and others, inter alia, alleging that there was “unforgivable and cynical” delay in delivering the land promised by the
Government of Kerala to the Adivasis. It was alleged that on February 19, 2003
police and forest officials along with personnel of Kerala Armed Police had
opened fire at a gathering of over 1100 Adivasi families protesting against the
non-implementation of the agreement for delivering of the promised land reached
between the Adivasis and the Kerala Government at the Muthanga Forest region of
Wayanad Distrct. The police act, it was also alleged, resulted in 16 deaths and
injuries to a large number of Adivasis including children and women on
19.2.2003.
Immediately on receipt of the memorandum, NHRC took cognizance and issued notice to the Chief Secretary and the Director General of Police, Kerala seeking their reports within two weeks. Copy of the complaint was also forwarded to them. After the issuance of notice, the Commission received some more complaints from NGOs and others relating to the same incident.
In
response to the notice issued by the
Commission, the Chief Secretary, Government of Kerala submitted a report dated
10 March, 2003. He also forwarded to the Commission the report dated 9 March, 2003 of the Director
General of Police, Kerala.
Our
immediate focus of attention is the
police firing on 19.2.2003 at Muthanga forest where according to the
complainant 16 persons died and a large number of Adivasis received injuries.
Indeed, we shall separately consider the
larger issue relating to the alleged delay in delivery of promised land to the
Adivasis by the Government of Kerala and the matter concerning rehabilitation
of the Adivasis. For that purpose, we call upon the Chief Secretary, Kerala to
furnish to the Commission all documents including the alleged documents
relating to the delivery of land to the Adivasis ousted from the forest and the
plan, if any, for their rehabilitation. The needful shall be done by the State
Government within four weeks.
With
regard to the police firing on 19.2.2003 at Muthanga forest, in the report
submitted by the Chief Secretary and the Director General of Police, Kerala the
action of police in resorting to firing has been justified. Both the Chief
Secretary and the DGP have asserted that since the Adivasis were blatantly
violating law and had committed cold-blooded murder of a police man, after
taking him as a hostage, the police used all possible restraint and minimum
force to deal with the situation. It is stated in the reports that all possible
medical help was given to the injured and the arrested persons were also produced
before the Court without any delay. It is maintained that there was only a
single death, as against the allegations of the complainant that 16 persons had
died as a result of police firing. Both the Chief Secretary and the DGP have
“concluded” that there was no question of any departmental action being taken
against any police personnel as they did not violate any law at any point of
time and had acted very much within the parameters of law under the supervision of their superiors.
After
considering the reports submitted by the Chief Secretary and the DGP we find
that the same do not meet the allegations contained in the complaint squarely.
Their reports appear to be based on information given to them by the District
officials who were present at the spot on 19.2.2003 and whose conduct itself is
impugned. We are at a loss to understand as to how the Chief Secretary and the
DGP could conclude, without holding any independent inquiry, that not only was
the police action justified but that even no departmental proceedings against
any police/forest official were called for. Prima
facie we are not satisifed with the reports.
The
issue before us is of a great importance as it affects human rights of a large
number of persons belonging to the vulnerable sections of the society. Whether
or not police firing on 19.2.2003 was justified and whether more force than was
necessary was used as alleged by the complainant can only be found out by
holding an inquiry, through an agency independent of the State machinery. We
are of the opinion, that there should be an independent inquiry, preferably, by
CBI into the police firing and the related incidents, including various
allegations of torture, which took place in Muthanga forest region on
19.2.2003. We, accordingly, strongly recommend to the State Government to take
effective steps for getting the independent inquiry to be commenced at the
earliest. Action taken report in this behalf shall be sent to the NHRC in 10
days.
In
the meanwhile, we appeal to all concerned to maintain peace and calm so that
the inquiry can be held expeditiously.
(Justice A.S. Anand)
Chairperson
(Justice
Sujata V.Manohar)
Member
(Virendra
Dayal)
Member