Rajnish Rai | SabrangIndia News Related to Human Rights Wed, 16 Oct 2019 09:59:58 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Rajnish Rai | SabrangIndia 32 32 Why is Rajnish Rai still a thorn in the BJP’s flesh? https://sabrangindia.in/why-rajnish-rai-still-thorn-bjps-flesh/ Wed, 16 Oct 2019 09:59:58 +0000 http://localhost/sabrangv4/2019/10/16/why-rajnish-rai-still-thorn-bjps-flesh/ Home ministry had written to HRD ministry to act against a decision of IIM-A to recruit Rai as a faculty member In view of Rajnish Rai, Gujarat-cadre IPS officer being appointed as the assistant professor at Indian Institute of Management, Ahmedabad (IIM-A), the HRD ministry has rejected a request from the Union Home Ministry to […]

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Home ministry had written to HRD ministry to act against a decision of IIM-A to recruit Rai as a faculty member

In view of Rajnish Rai, Gujarat-cadre IPS officer being appointed as the assistant professor at Indian Institute of Management, Ahmedabad (IIM-A), the HRD ministry has rejected a request from the Union Home Ministry to act against this decision of the institution saying it had wrongly appointed Rai! The HRD ministry wrote back to the Home Ministry expressing its inability to meddle with the affairs of the IIM, the institution being an autonomous body. The institution had taken legal opinion before appointing him as a faculty member in the department of Public Systems Group that promotes research in policy.

It was only after the Gujarat HC on July 23 this year made sharp remarks against such governmental interference that the MHRD had backtracked. A division bench of the court had expressed its disapproval when it emerged that the Ministry of Human Useful resource Improvement (MHRD) had earlier written to the Indian Institute of Management, Ahmedabad (IIM-A) concerning the institute’s choice to make use of retired IPS officer Rajnish Rai. Justice S R Brahmbhatt, heading the division bench, requested after perusing the letter, “IIM-A is an unbiased establishment; the Authorities of India is writing such letters?”

Advocate Rahul Sharma, another IPS officer turned lawyer, now practising in the Gujarat high court, representing Rai, argued that the MHRD had written to IIM-A asking why the institute had employed Rai when he’s under suspension! Rai’s petition sought instructions to the respondent events to “not intervene, straight or not directly” and “enable him to take up any employment, career or occupation that he might select to earn his livelihood, subject to limitations positioned by Rule 26 of the All India Companies (Dying-Cum-Retirement Profit) Guidelines, 1958”.

Rai, clearly not favoured by the current regime in Delhi had supervised the probe into the encounter case of Sohrabuddin Sheikh, Kauserbi and Tulsiram Prajapati in 2007. He took voluntary retirement from the service (VRS) in November 2018 and was working with IIM-A as affiliate professor of Public Methods Group since March 6.

Rajnish Rai had arrested fellow officer D.G. Vanzara in connection with the Sohrabuddin Sheikh encounter case in 2007. Probing the case, he had made his first arrests in 2007, where apart from Vanzara he had also arrested IPS officer Rajkumar Pandian and Rajasthan cadre IPS Dinesh MN among others. This had led him to constantly be at loggerheads with the State government helmed by Narendra Modi, the then CM of Gujarat.

On November 30, 2018, the 1992- batch IPS, Rai took voluntary retirement after completing 50 years of age. This was under Section 16 (2) of All India Services (Death-Cum-Retirement Benefit) Rules, 1958 that grants VRS to a government servant who has completed 50 years of age, provided they are not under suspension. When Rai applied for VRS, he was posted as Inspector General, Counter Insurgency and Anti-Terrorism School, CRPF in Chittoor, Andhra Pradesh.

The Union government had rejected Rai’s application for VRS and asked him to return to duty. While Rai approached the Central Administrative Tribunal (CAT) seeking relief, the Central Government issued a chargesheet against him and suspended him for handing over charge in an unauthorized manner.

Rai has moved the Gujarat HC challenging the suspension. The Home Ministry raised objections with the HRD Ministry about Rai’s appointment at IIM citing that he continued to be a suspended officer. The HRD Ministry has stepped away from the matter saying that the matter is still sub judice. 

Why is RajnishRai’s Appointment at the IIM such a ‘huge issue’?
In April 2007, Rai had shown exemplary courage by arresting Vanzara, Pandian and Dinesh MN in the fake encounter murder of Sohrabuddin, his wife Kauserbi and close associate Tulsiram Prajapati. Though Pandian was Rai’s batch-mate and close friend, Rai was convinced that Pandian had committed the crime of custodial murder.

He had levelled serious allegations against then Gujarat Home Minister Amit Shah saying that he connived to kill Prajapati with the help of PC Pandey, a top cop whom Rai had indicted in 1992. Following the investigation, Shah, now the Union Home Minister and the most powerful man in the BJP, was jailed in connection to the case in 2010 and banned from entering Gujarat till 2012, lest he influence an otherwise fair investigation of the case.

Getting onto the bad side of the government, Rai was shipped to Chattisgarh’sJaduguda district as the Chief Vigilance Officer. Rai had then challenged this transfer saying that it had been issued with ‘mala fide intent’. While he was at Jaduguda, he had stumbled upon irregularities in the Uranium Corporation where he was posted. Conducting a probe and handing over the findings to the CBI, he was instead chargesheeted for conducting an unauthorized probe.

He was subsequently transferred to Shillong as IG, North Sector, CRPF, where he unearthed the gory practice of extrajudicial killings in Assam. After this, he was immediately shunted out to Chittoor when he pointed out that the joint encounter of two suspected militants was fake and that they had been killed in cold blood.

Prior to his appointment at IIM-A, he was prevented by the government from joining IIM-Udaipur as a faculty member.

Rai has been incessantly kicked around for exposing the loopholes and corruption in the system. All this for his belief that services should act according to the law.

Even after all these efforts, after the BJP won the national elections, charges against the arrested officers were dropped, they were acquitted in the matter and granted plum postings.
 
Related:
Punishment Transfer: CRPF DIG Rajneesh Rai who called Encounter ‘Fake’ Transferred out of North East
Kill people. Add up points. Move up the ranks: Disturbing truth in CRPF inspector general’s report
Sohrabuddin Fake Encounter: All accused acquitted, 92 witnesses turned hostile
Sohrabuddin Case File
 

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Kill people. Add up points. Move up the ranks: Disturbing truth in CRPF inspector general’s report https://sabrangindia.in/kill-people-add-points-move-ranks-disturbing-truth-crpf-inspector-generals-report/ Fri, 26 May 2017 05:45:59 +0000 http://localhost/sabrangv4/2017/05/26/kill-people-add-points-move-ranks-disturbing-truth-crpf-inspector-generals-report/ Inspector general of police Rajnish Rai filed a report saying the army and police conducted a fake encounter in Assam on March 30. Image: PTI   Not far from Guwahati on the busy NH 31 is the intersection Baihata Chariali, notorious for exchange of victims of staged encounters. This is how it happens, say the […]

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Inspector general of police Rajnish Rai filed a report saying the army and police conducted a fake encounter in Assam on March 30.

Assam Encounter
Image: PTI
 

Not far from Guwahati on the busy NH 31 is the intersection Baihata Chariali, notorious for exchange of victims of staged encounters.

This is how it happens, say the insiders familiar with such operations:

A white Maruti van comes and parks itself near a fuel station.The police wait at a distance and watch. A second vehicle is already there – a civil car of some known person with changed number plates. It could also be an officer’s personal vehicle with ready-made fake number plates.

The most popular vehicles for exchanges are Maruti vans because their doors slide, making it easy to exchange passengers.

The sedated victim is shifted to the other vehicle, money is paid and he is immediately taken to the army unit. A doctor checks him and he is kept under observation for a few days to assess whether anyone has filed complaint for a missing person. 
Usually, various security forces operating in the area jointly work to diffuse accountability. Either the victim is a militant or a petty thief or an illegal immigrant from across the international border. The police confirm his antecedents. The place and time is determined by the army uni.

And then the victim is shot in cold blood.

For years now, the districts of Lower Assam in the north bank of the Brahmaputra, bordering Bhutan on one side and Bangladesh at the other, offer safe haven and easy crossovers. The proliferation of armed groups and presence of arms have allowed a free run for all involved in counter-insurgency operations. The chaos provides the smokescreen for encounters.

It is in this location that Central Reserve Police Force Inspector General (North East Sector) Rajnish Rai has recently alleged a staged encounter by a joint team of CRPF, the Army, Sashastra Seema Bal and the Assam Police, in which two militants belonging to National Democratic Front of Bodoland (Songbijit) were shot dead and, as he claims, weapons planted on their bodies.

Rai’s claim is not unlikely, given that it eerily follows the pattern of encounter deaths in Assam.

There are categories of encounters. One is when the security forces go out in the field, and are fired at and they fire back. “Fake encounters” are killing a genuine militant, but not in a genuine encounter. The third category, many say, is “false encounter” or “staged encounter”, which involves killing an outright innocent individual.
 

Pressure from the top

The job of a unit of army or paramilitary force is to catch or kill. It doesn’t help to create a climate of peace and reconciliation. They are meant to eliminate. When they fail to do this they are questioned – and asked to produce a headcount, show weapon seizures and all that comes with the kill.

That is the context in which staged encounters sustain themselves.

To ward off pressure from the top, these agencies tend to “create” militants with the help of the police. It is possible that some of those killed are not entirely innocent. But these are murders nevertheless.

In the process, the police also sets its record straight and eliminates the criminal class. So it serves a dual purpose. Mostly, criminals are weeded out. In this, there is some element of vendetta as well. Personal scores are also settled. When there is even greater pressure mounting on the army and the police, the poor Bangladeshi who has just jumped across the border fence, and is not identified, becomes a victim. And the cartel flourishes.

There is no brief – nobody prompts anyone. But the subtle pressure is there though it can be resisted – and many do resist. The consequence, though, is that they may have to lose their rank.
 

Awards and medals

“Encounters”, as is now commonly known, are staged to win medals and awards, among other benefits. In the army, the system of unit citations is based on points, which are earned by eliminating or apprehending militants, or having militants surrender in designated counter-insurgency areas. Thus, a unit that gets a citation may land in a United Nations mission. This will earn its personnel more money and allow them to receive other benefits.

It is like a bonus granted by the government for the “good work” they have done, which may include extrajudicial killings or hosting fake surrenders of ordinary young men and women.

This is how it operates: besides the genuine hard work required for a combat formation in a conflict zone, a formation – the army unit posted there – also needs professional acknowledgement. And that comes most easily through killings. So they scout for favourable heads for kills as well as candidates for surrender.

Illegal arms dealers inevitably flourish in such areas, since the security forces often purchase weapons that are shown in apprehensions, fake encounters or surrenders. This is how the surrendered militants then hand over these weapons to the government in ceremonies attended by the media. The ones arrested – again willingly – serve a three-month jail sentence. They then emerge to be recycled as militants or link men of some other armed organisation. They may be viewed as freelance fake militants – willing candidates for a remunerated arrest. Their families receive compensation while they serve jail terms. The “surrender” actions are often recorded as “joint operations”, so that the police may also claim a share of the “good work”.

The different gallantry awards (all of which end with the word “chakra”) have designated points in the hierarchy of awards and benefits. But how does one get the chakras? Kill people. Add up points. Move up the ranks. The only casualty in this is the truth.

It is unlikely that the recent letter written by Rai will shake up the institutional nexus of state violence. This ambiguous violence is the result of regimes of impunity and it is extremely significant that a serving officer has stepped out to flag his concern knowing well that the consequences for his whistle-blowing act could be detrimental to his own career and well being. It will certainly not earn him a chakra.

Kishalay Bhattacharjee is an Associate Professor at OP Jindal Global University. He is the author of Blood on my Hands: Confessions of Staged Encounters.

This article was first published on Scroll.in

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