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State and the valley

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COUNTER–INSURGENCY sarkari militant groups patronised by the Army, the Border Security Force(BSF), the Central Reserve Police Force (CRPF) and the Indo–Tibet Border Police (ITBP) have let loose a reign of terror in the Valley, before and after the elections.Farooq Abdullah’s National Conference made two promises during its election campaign: disarming the sarkari militant raj and restoration of the J and K’s pre–1953 status vis–a–vis New Delhi. Protecting people from the excesses of the armed forces was also implied. But arbitrary acts of the armed forces, appear to have actually increased after the formation of the civilian government.

Why? The decision of the state government to totally renege on its promise, opting instead to ‘regularise’ the sarkari militants by appointing them to the ranks of Special Police Officers or security officers for ministers and VIPs! Some have also been recruited into the SOG (Special Operations Group), also called the Special Task Force (STF) of the J and K police. This action amounts to putting the stamp of law on their illegal deeds. The victims of these sarkari militants have included journalists, lawyers, writers, teachers, human rights’ activists, cadre of the Jamaat–e–Islami and Hurriyat leaders. Ordinary civilians have been subjected to rape and torture.Several gross cases of human rights violation, rape and torture have been documented by several Indian human rights groups. Officers of the Indian army have been indicted in many of these cases. Even today, there are 60,000 army personnel Alongwith the BSF, CRPF, ITBF and the J and K STF, the figure is anywhere in the region of 1-1.5 lakhs
 

Bias on record

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Dongri 1 to Police Control: Two military trucks have come carrying milk and other rations, led by Major General (retired) Syed Rehemtullah. Therefore, a crowd has gathered at IR road near Bhendi Bazar, please send some more men.

(Voice): Why the f—are you distributing milk to them laandyas (abuse for a circumcised person)? Do you want to f—their mothers? Miyan (Muslim), bastards live there.

Dongri 1, (agitated): There are lots of police here. Let them distribute milk.

Voice: Why are you distributing milk to them? Are you doing them a favour or what?

V.P.Road to Control: A mob has gathered outside Maharashtra garage, Ghas galli, Lamington road with the intention of setting it on fire. Send men.

Voice: Must be a laandya’s garage. Let it burn. S— don’t burn anything that belongs to a Maharashtrian. But burn everything belonging to a miyan, the bastards.

(Excerpts from transcripts of police wireless messages taped by Teesta Setalvad between January 10 and 18, 1993)
 

Archived from Communalism Combat, March  1998, Year 5  No. 41, Cover Story,

Where is your Allah now?

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The police force in Bombay, in Maharashtra and all over India must not forget that they are Hindus first and policemen thereafter,” Bal Thackeray pronounced at the Vijayadashmi Day rally at Shivaji park, Bombay, in October 1993. The Maharashtra government and the Bombay police chose to turn a deaf ear to such blatant communal incitement of policemen.

In sharp contrast to official lethargy in prosecuting and punishing those responsible for the December – January riots was the alacrity with which the Maharashtra police handled the serial bomb blasts which killed over 300 people in the metropolis in March, 1993. It was only to be expected that the law and order machinery nab the culprits, conduct interrogations and prosecute them. But it did much more. In the name of investigations, hundreds of relatives, friends and even casual acquaintances — men and women, young and old — of the suspects, were illegally detained for days and badly tortured.

To cite just two instances: Rehmat Sayed Ali Kadri: About 70 years in age, she is the mother of Shabbir Kadri, an accused from Mhasla in coastal Maharashtra who is absconding. She was illegally detained first at the Mhasla police station and later at the Mahim police station in north central Bombay. Her daughter and daughter-in-law (with a 10-month-old son) were also kept behind bars.

Said Ms. Kadri: “For 15 days, all three of us were dragged by the hair every day, beaten and verbally abused. The 10-month baby was starved of any food. We were repeatedly humiliated. Shabbir’s father was stripped and paraded before us. ‘Where is your Allah now? Forget him. say, Jai Sri Ram,’ they used to shout.

The Haspatel family: On April 13, 1993 with much fanfare, the Maharashtra police revealed that they had unearthed 16 “projectiles” (rocket launchers) from a home in Walwat village on the coast. the “projectiles” were proved to be spindles used in a local yarn factory.

But for 10 days before that, the two male members of the family, Iqbal (65) and Mobeen (17) had been detained and tortured daily. Also illegally detained, verbally abused and humiliated for five days were two women from the family — Zubeida (55) and her daughter-in-law along with her 18-month-old baby. Senior police officials assisted by a woman constable beat the family, stripped the men and paraded them before the women every day. Mobeen, who had been cured of epileptic attacks for over ten years started getting renewed attacks after being subject to “parrot torture” for four hours every day. “You have to stop saying Allah. Or you will have to go to back to Pakistan,” is the most common refrain they heard from policemen in the lock-up.

(The victims spoke to Teesta Setalvad during a video-taped interview soon after their release)

Archived from Communalism Combat, March  1998, Year 5  No. 41, Cover Story,

Isn’t it awful how we refuse to learn from our mistakes?

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On the day (February 16) he presented his 700-page report to the Maharashtra government on the findings of the officially appointed commission to investigate the communal riots of December 1992-January 1993 and the serial bomb blasts of March 1993, Justice B.N.Srikrishna spoke to Communalism Combat, in an exclusive interview. What his main findings were, the judge would not say except to emphasise more than once that the findings must be made public so that we all learn from the errors of the past. And, Justice Srikrishna did agree to share with us the Epilogue to Chapter VII of the commission’s report. We reproduce below excerpts from the interview with Teesta Setalvad and the epilogue:

How do you feel at the end of the whole exercise?
For all these years, sitting in this chair, being witness through real-life accounts to all that had taken place in Bombay, was an awful churning. Many times I felt angry and depressed. But now with the report submitted I have the satisfaction of knowing that it is a job well done. I feel relieved and satisfied.

Do you feel that your report will make any difference, effect any changes, be accepted by the government?
How can I say? That is the job of the wider public to ensure. So many worthwhile judicial commissions have sat in the past. Have their recommendations made any difference? All I can say is that every effort must be made to see that it is made public and that we all, the state included, learn from the grave errors of the past.

On many occasions during the commission’s work, you used harsh words against the police, even lost your temper?
Why remind me of that? It was impossible as a human being not to react. I was faced with victims who went through unspeakable horrors. That’s why the constant churning that I could not but experience. But more on that after the report is made public. As I am sure that it must be.
Just two days ago there were serial bomb blasts in Coimbatore. It has come two-and-a-half months after a terrible communal carnage. Does it not seem like a repeat of what happened in Bombay five years ago? Isn’t it awful how we refuse to learn from our mistakes? Its like the situation in any family. There is this younger brother whom I beat again and again till he is pushed to the corner. So much so that he is pushed to the wall. A point is reached when he can’t and won’t take it any more, he rebels and then he will take the help of any outsider to get back at me. That’s what happens. Anywhere.

Epilogue to Chapter VII of the Srikrishna report submitted to the Maharshtra government on February 14, 1998
The voluminous evidence produced before the Commission strikingly brings home the stark reality that the beast in man keeps straining at the leash to jump out; frictions, irritations and disputes based on colour, race and religion are but excuses.

The commission has noticed that most of the violent communal riots during December 1992 and January 1993 took place in areas called Prem Nagar, Shanti Nagar, Gandhi Nagar and so on. That vicious communal violence on such scale should occur in the land of ‘Ahimsa Paramo Dharmah’ and Mahatma Gandhi, only shows that the message of love and brotherhood preached by apostles is not internalized. Unless that is done, the spectre of communal violence would haunt the city again and again.

The Commission sincerely hopes that the calamitous events of December 1992, January 1993 and March 1993 would serve as eye openers and lead to introspection and that all concerned attain the maturity to accept constructive criticism and mend their ways. For, in the immortal words of Ramayana: “Sulabhaah purushaa rajan satatam priya vaadinah Apriyasya cha pathhyasya vakta shrota cha durlabah” ( Persons pleasing in speech are easy to find; it is difficult to find one who speaks or listens to the bitter, but wholesome truth).

Finally, before parting, the Commission would reiterate the ringing exhortation of Shankaracharya:“Tvayi Mayi chaanyatraiko Vishnuh, Vyartham kupyasi mayyasahishnuh” (The same God resides in you and me; why then be needlessly angry with me !!).
Mumbai Dated 14th February 1998 Justice B.N. Srikrishna epilogue:
 
Archived from Communalism Combat, March  1998, Year 5  No. 41, Cover Story

Through the prism of prejudice

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Like the average Hindu, the average Hindu policemen also believes that Muslims, generally, are cruel and violent by nature

It is not very difficult to identify reasons behind the discriminatory beha-vior of the police. The conduct of an average policemen is guided by those predetermined beliefs and misconceptions which influence the mind of an average Hindu. Like the average Hindu, the average Hindu policemen also believes that Muslims, generally, are cruel and violent by nature.

In the course of my study, I spoke to a large number of policemen working with different ranks. I was amazed to find that most of them seriously believed that apart from being cruel and violent, Muslims were untrustworthy, anti-national and easily influenced by a fanatical leadership and could indulge in rioting at the slightest provocation. Generally the policemen were in agreement that Muslims initiated riots. When I confronted many of them with the question as to why Muslims should start a riot as they suffered more, they replied with arguments that an average Hindu would use.

It is but natural that after being convinced of the mischievous role of the Muslims in riots most policemen do not have any doubts regarding the ways and means to check them. They sincerely believe that there is only one way to control a riot and that is to crush the mischief-mongering Muslims. Whenever an instruction is received from the state government or senior police officials to deal with the rioters firmly and ruthlessly, these instructions are interpreted in a prejudiced and biased way. Firmness and ruthlessness towards rioters is interpreted as firmness and ruthlessness towards Muslims. The various forms of firmness have distinct meanings: arrest means arrest of Muslims; search means searches of Muslim houses; and police firing means firing on Muslims.

Even in those riots where Muslims suffered from the very inception of rioting or where the killings of Muslims was totally one-sided, the policemen gave a very interesting picture of their way of thinking. It is not only during riots that they would believe that the riot was caused by the mischief of Muslims. While talking to some of the policemen posted in Bhagalpur (1989) and Bombay (1992-93), I was amazed to find that the perception of Muslims being violent and cruel was so deeply in-built in their psyche that even after admitting the disproportionate destruction of Muslim life and property, they had many “reasons” to deny the suggestion that “naturally non-violent and pious Hindus” were in any way responsible for the damage to the Muslims.

It is a common sight in the towns of northern India that the reinforcements sent  from outside during communal tensions, make their lodging arrangements in temples, dharmshalas and parks in Hindu localities or the space available in Hindu homes and shops

It is this psychology of the policemen which guides their reactions during communal strife. While combating riots, they start searching for friends among Hindus and foes among Muslims. It is a common sight in the towns of northern India that the reinforcements sent from outside during communal tensions, make their lodging arrangements in temples, dharmshalas and parks in Hindu localities or the space available in Hindu homes and shops. When the shops are closed during curfew, food, tea and snacks are supplied to them by Hindu homes. Members of the majority community, who in normal times may keep a distance from the police just like the members of the minority communities, suddenly see policemen as friends during communal tensions.

It is their natural expectation of a ‘friendly’ police that it will not use force against them. Whenever, the police uses force against Hindus, their reaction is that of an amazed and cheated group. The FIR lodged by Sri Ajit Dutta, D.I.G. during the riots of Bhagalpur (1989), very candidly underlines this mentality. It’s perusal reveals the interesting incidents of a law-breaking mob of Hindus, congregating on the road during curfew hours, expressing its dismay and anger when Mr. Dutta threatened them with police firing.

I am reminded of a similar personal experience at Allahabad (1980) when in Gadiwan Tola, I warned a Hindu mob bent upon rioting, that we would open fire if they did not disperse. I found that the crowd did not take it seriously at first and thought it was a joke. Subsequently, when they heard me ordering the head constable to open fire from his carbine, there was a clear look of disbelief and surprise in their eyes.

How far this deeply entrenched perception of Muslims being solely responsible for the riots and strict behavior towards them being the only way to quell a riot, affects the reactions of a policeman, may be illustrated with the example of Hashimpura where the savagery and horrifying non-professionalism of the police behavior is a matter of national shame.

The riots in Meerut (1987) were unprecedented in the toll of human life and for the long period of continued and unabated violence. The magnitude of the riot which started on May 17, 1987 can be gauged from the fact that to deal with it, the services of about 50 gazzetted police officers and magistrates, along with more than 70 companies of P.A.C., para-military forces and army were pressed in. The policemen deployed here harboured all the above mentioned beliefs and prejudices. When their tremendous round-the-clock vigil could not control the violence, some of them resorted to an act which could have not been imagined.

Being fully convinced that riots in a civilised society could be ended only by teaching the Muslims a lesson, one section of the P.A.C. picked up more than two dozen Muslims from a locality known as Hashimpura on the 22nd of May, where house-to-house searches were going on and killed them at two places in Ghaziabad, after transporting them there in one of their trucks.

I was Superintendent Police, Ghaziabad, at that time. After receiving the information, I got two cases registered against the P.A.C. The cases were handed over to the Uttar Pradesh C.I.D. After eight years of investigations, a charge sheet has been filed against the erring personnel of the P.A.C., only recently (1995).

Why should the P.A.C. commit such a detestable act? I had the opportunity to talk to a large number of policemen deployed in Meerut in this period during my tenure as S.P., Ghaziabad (1985-88) as also during the course of the present study. I wanted to understand the motivating factors behind such a heinous offence. The analysis of the psychology of these men will help us appreciate the relationship between the police and members of the minority communities.

Firmness and ruthlessness towards rioters is interpreted as firmness and ruthlessness towards Muslims: arrest means arrest of Muslims; search means searches of Muslim houses; and police firing means firing on Muslims.

Most of the policemen posted in Meerut in 1989 thought that the riots were the result of Muslim mischief. They were also of the opinion that Meerut had become a mini-Pakistan because of the stubbornness of the Muslims and that it was necessary to teach them a lesson in order to establish permanent peace in Meerut. They were badly affected by rumours which suggested that Hindus in Meerut were totally vulnerable to Muslim attacks. Their belief that Muslims of Meerut deserve a suitable lesson resulted in Hashimpura.

Instances like Hashimpura worsen the inimical relationship between Muslims and the police. This relationship is clearly visible during communal tension. We find that many riots start with a Muslim attack on the police. Quite often the presence of the police in a surcharged atmosphere fills Muslims with anger. Reacting to the demolition of the Babri mosque in Ayodhya, angry mobs of Muslims in other cities, venting their feelings of resentment on the street initially chose the police as their targets rather than ordinary Hindus.

There are many examples of communal rioting in which the trouble started as a clash between the police and the Muslims and then turned into a Hindu-Muslim conflict. The Idgah incident of Moradabad (1980) is an important example of this trend.

The most interesting example of the hostile relationship between Muslims and the police can be found in the behavior of a police party entering a Muslim locality during communal tension. The briefing, preparation and weaponry of this party intending to enter a Muslim locality for arrests, or searches, or even normal patrolling is as if it is going to enter enemy territory. I have seen many such groups and always found them full of apprehension and fear.

Their behavior is not without reason. Alertness on their part is necessary as they may be attacked at any time. Who is responsible for these feelings of distrust and enmity? Perhaps the seeds are to be found in the terms ‘we’ and ‘they’ used by police officials for Hindus and Muslims during their conferences, organised to devise ways and means to deal with a communal situation.

Reporting of facts, investigation into and prosecution of participants in communal riots is another area where we find a clear communal bias in police behavior. The reporting of facts is done at various levels. Intelligence reports being prepared at the level of police stations and intelligence units to be sent to government and senior police formations are normally affected by this bias.

For example, I have found one interesting thing in the lists of communal agitators being maintained at various police levels in Uttar Pradesh. For most of the officials responsible for maintaining such lists, a communal agitator means a Muslim communal agitator. Even during those days when Hindu communal forces were active in the movement of Ram Janambhoomi movement, it was very difficult to find names of Hindu inciters in the list.

What damage this bias can inflict on police professionalism can be understood from the incident of the destruction of the Babri Mosque. It is evident from the charge-sheet filed by the C.B.I. that the demolition of the mosque was the result of a well-planned conspiracy. None of the intelligence agencies could report this fact before the 6th of December, 1992.

A very heinous examples of this bias in reporting facts is available at Bhagalpur (1989). One hundred and sixteen Muslims were killed in village Logain on the 27th of October 1989. This brutal massacre was enacted by the Hindus of Logain and the neighbouring villages. Logain village is 26 kilometres from the district headquarters of Bhagalpur, with the police station only 4 kms away at Jagdisgpur. The Muslims killed were buried in the fields and cauliflower was grown over their dead bodies.

Out of the 181 Muslim inhabitants of the village, 65 survivors and their attackers went to many places, including Bhagalpur town, and reported this ghastly incident. Details were published in local and national newspapers. Inspite of this, the district and police administration of Bhagalpur kept denying any such happening till the 8th of December 1989, when a police party led by Sri Ajit Dutta, D.I.G. ,dug some of the dead bodies out of the fields.

Vibhuti N. Rai

(Excerpted from the writer’s recently published book, ‘Combating Communal Conflicts —Perception of Police Neutrality During Hindu-Muslim Riots in India’)

Archived from Communalism Combat, March  1998, Year 5  No. 41, Cover Story,