The Narendra Modi government has reason to feel severely embarrassed and exposed by the report submitted by the Special Investigation Team (SIT) to the Gujarat High Court. In holding that Ishrat Jahan, the 19-year old Mumbai student, and three others were killed in cold blood by the Gujarat police, the SIT has dismissed the State government's persistent claim that the four died in a shootout. The evidence on which the team reached its conclusion is not yet publicly available but the High Court has revealed that the three-member SIT reached the unanimous conclusion that the four victims were murdered before their bodies were dumped on the outskirts of Ahmedabad. In short, summary extra-judicial executions were dressed up to look like a police encounter. This is exactly the same conclusion the Ahmedabad Metropolitan Magistrate had reached in 2009. Going by the forensic evidence and the post-mortem reports, the magistrate dismissed the Gujarat police's claim that the victims, who were allegedly involved in a plot to assassinate Chief Minister Narendra Modi, were killed in an exchange of gunfire on a highway. He concluded that the victims were shot dead at very close range the night before the encounter was supposed to have taken place. Instead of acting on this honest finding, the Bharatiya Janata Party State government denied that the encounter was fake and accused the magistrate of overstepping his jurisdiction by writing such a report. Now that the High Court has ordered that a fresh FIR be registered against those suspected of murdering Ishrat and the others, cover-up of the heinous crime will no longer be possible.
It has been seven years since the killings took place, a period during which the Modi government feigned a posture of hurt innocence. With the High Court declaring its intent to hand over the investigation, after the filing of a fresh FIR, to a central agency, there is no way the 21 policemen, including some officers, allegedly responsible for staging the fake encounter could be shielded. Among them is Deputy Inspector General D.G. Vanzara, the so-called ‘encounter specialist,' who was arrested and jailed for the extra-judicial murder of Sohrabuddin Sheikh and his wife in 2005. The issue of staging fake encounters should be seen for what it is — murder most foul. It should not be clouded or sidetracked by questions on whether those done away with were ‘innocents' or extremists, gangsters, or whatever. Enough of rationalisations: no civilised society under the rule of law can countenance or tolerate extra-judicial killings, a practice that subverts the very principles the criminal justice system is founded upon.
Keywords: Special Investigation Team, Narendra Modi, Gujarat politics, Ishrat Jahan encounter, fake encounter
Its shocking to find how deep down the politicians have penetrated and influenced every body associated with maintaining law & order of the society. These criminal elements have existed in the human society since it origins and will continue to, they will do everything possible to gain power and money to satisfy their greed. What it is more painstaking to see is that such leaders have popular following which confuses you and makes you think that are these followers blind to the act of such leaders or is the value system of the society so weak that acts committed do not bother them. Ralph Waldo Emerson said "The desk where I sit solution to all the problem comes to one word : Education" also I would like to add that education without values, morals and ethics is like head without body.
Really pathetic to see so many people not condemning, but instead shamelessly defending the murderers and bringing irrelevant incidents to defend these shootouts. It really bothers one,because these comments are mostly from Hindus and their comments seem to nurture a deep seated hatred for things not hindu. For these folks their religion is just a cloak for their petty mindedness.
Thank you for a hard hitting editorial.
The fallacy of Sadbhavana mission of Modi,much tomtomed with an eye on a centre stage has received yet another drubbing. How ubiquetous was the lawlessness in Gujarat was displayed with the startling revelation. The image of BJP in Gujarat to glitter as yellow metal has timely been exposed.Air is filled with the deafening noise of tottering skeletons in Modis cupboard.
People really have short memory... they remember Ishrat encounter but
forget the Akshardham shootings, were innocents were killed,those holed
up in the temple were policemen? It's a shame that they look at wrong
doings of the police but fail to make comments about the wrong doings of
the people from their own community against other harmless humans!
if it is true that these people were terrorist and they were on a mission, then there was no need of fake encounters. this logic wont be understand by those people who believe in killing of people of particular community.
The SIT's report states that Ishrat jahan and 3 others were killed prior to encounter on june152004. The court has ordered to register a case of murder against the accused cops for engineering a fake encounter.The question is, did they act on their own or carried out the orders of some higher powers.It's up to the central agency which is going to take over to bring out the truths behind this case.It is a shame to the criminaljurisprudence of this country when the govern.and its agencies themselves resort to these kinds of unlawfulmurders for political and personal gains.There are enough provisions in our law to punish terrorists and others indulging in criminalacts that are detrimental to the welfare of the nation and society.Extra-judicial killings taking place with the participation of political,police and govern.agencies has eroded the confidence of commonpeople in the justice system and the innocents who had lost their lives will never rise to tell their side of stories.
A nice editorial which brings to light attrocities comitted by narendra modi and by the police under his rule...there is great need for fair journalism if india wants to survive as a nation..
The editorial is a classic sermon from idealist living up in high ivory tower miles away from ground reality.Has the editorial team ever experienced or tested the outcome of terrorist incident? Have you ever cared to know how the near and dear ones of those martyers who gave up their lives defending us from terrorists,get hurt by such sermons? only wearer knows where shoe pinches. Please take a balance view and consider what the commented upon /affected people have to say also.
Its one of the courageous and great editorials of The Hindu i have ever read.The second para of the editorial can be mentioned as a great example of courage.It has mentioned the extra judicial methods of police and establishment to achieve the democratic results.We, as indians will never support criminals but there is an authoritarion institute to look after the judiciary issues.Police officials can never take law into their hand.They are responsible to maintain law and order not to ruin the law.
This credible newspaper has also fallen into a trap laid by itself.
It has been championing the well accepted legal position that no one is guilty until proven guilty. All that has happened is that the Hon'ble HC has rejected the earlier reports and has accepted the report of the SIT that makes a case for fresh investigation. Fresh investigation has not yet happened and trial is not over. How can then anyone be guilty? This newspaper has clearly lost sight of this very legal proposition.
The credibility of the SIT head is in 100% doubt. He is facing disciplinary case and he has stated that retraction of statement of witnesses is incorrect, just to bully the State Govt. and make it withdraw or go soft in the disciplinary case.
Media should project news in an objective manner and now purvey their feelings.
The point of this article is not about Ishrat Jahan and her motives, but about the manner in which the police [and hence the Government] has acted. Even if Ishrat and others had harmful intent, the correct procedure was to arrest them and start criminal proceedings against them, not kill them in cold-blood and then cook up a story. The straight and narrow path is always more difficult, but we follow it because it is correct and just. The police have to prevent terrorism by not resorting to similar tactics, a hard task, but that is their job. If both the terrorists and the police kill at will, what differentiates them?
First of all, brilliant article. Anyways, for all the people justifying the murder. Even if they were terrorists, if they didn't pose an immidiate danger to people/police, I.e not like the guys in mumbai shootout. They should only be arrested. Not shot, and justify their killing, which is actually insulting the judiciary and more importantly the rights to a fair trial. People who can't come to terms with this can ask for a constitutional amendment. And till that s done they better shut up.
The brutal way the police behaves has become commonplace in celluloid. One is confused whether the police emulates the movie makers or the latter mimic the former. The surfacing of the "murder most foul" has stunned us just as a scene from the big screen in which a police officer deliberately shoots to death the innocent and declare that the victims were criminals or culprits. The officer gives it the pet name: 'encounter.' We learn that it is the untiring efforts of the mother of the girl and the father of the man that ripped open the mask that concealed the crime of the police who were hand in gloves with Narendra Modi, the Chief Minister of Gujarat. The BJP'S overt gestures in support of the Chief Minister is condemnable. For that matter, no other political parties are free from such blemishes. However, we commend the brave parents who made a relentless effort to bring the culprits to book.
Ishrat Jahan might or might not have been a terrorist. The point is, hers and that of her associates' were murders in cold blood and not killings during a police encounter- not even a fake one- as the police has made out to be. No body would grieve if, terrorists get killed in real police encounters, but the killing of the suspected terrorists by the state in cold blood or by staging fake encounters, and thereby not subjecting them to the judicial procedure, is not acceptable in a democratic republic. The cases of Ishrat Jahan et al and that of Ajmal Kasab strangely belong to two extremes.
When Hindutva and Nationalism are conflated, this is what is the result. A real shame indeed.
Kudos Hindu for bringing out this nice editorial and calling a spade a spade. Whatever crimes have happened in Gujarat, need to be tried fairly and justice given to the victims. Modi and his gang have always used cheap patriotism to defend the indefensible. As the famous Urdu poet Ahmad Faraz once said:
''phir vahi khauf kii diiwaar tazab-zub ki fazaa
phir huii aam vahii ahl-e riyaa ki baateN
naara-e hubb-e vatan maal-e tijaarat ki tarah
jins-e arzaaN ki tarah diin-e khudaa ki baateN
Once again, the wall of fear goes up, the atmosphere of uncertainty prevails Once again, the words of liars are passed around Slogans of patriotism are displayed like merchandise for sale god and religion are wantonly turned into cheap commodities.'' Wish the mask gets uncovered now.
Indians should think over it and should try to overcome such exploitations by uniting on international level.we must see the route cause and try to eradicate it by a constitutional way.
Such editorials would surely raise awareness on fake encounters and the danger it poses to the nation
A murder is a murder, fine, but don't those responsible for delivering justice plug the holes in the judicial system, so that criminals and terrorists do not get by easily. Why not work for expedited and fair trials? Just unilaterally blaming police/intelligence when terrorists attack and kill people and also when police kills terrorists/gangsters would not be justifiable?
Ishrat jehan was a terrorist so no need to create a hype over it. There is a section of the media trying to prove that she was 'innocent' . So far we have not got justice for the mumbai attacks. But we are prompt to punish anyone taking action against terrorists.Terrorists do not follow any rules and so we too cannot .. This type of killings happen everywhere in the world. This is being blown up only to denigrate modi whcih also indirectly helps LeT - which removed references to Ishrat jehan being a member of LeT once they learnt the kind of support she starting getting from some human rights activists and self serving politicians.
'Enough of rationalisations: no civilised society under the rule of law can countenance or tolerate extra-judicial killings'. Very aptly put. Great editorial!
Just a simple thought. What would have been the Hindu's reaction if the Gujarat Police had intercepted the Mumbai attackers mid-sea and finished them off in a similar "encounter"? It is easy to preach from the pulpit but please remember, KPS Gill got India rid of terrorism in Punjab in the eighties by methods that were not "by the book". Now that it a known fact (Headley's confession/ LeT website photos etc.) that Ishrat Jahan and her friends were probably on a suicide mission, the onus is on us to hold fire and not try and score political points.
N Modi's mask is being removed slowly but surely. There is divine law that what one sows that one reaps. World would see whether Modi had sown good seeds. I for one hope he had sown good seeds, as otherwise public money would be wasted.
Thank you The Hindu for this Editorial. Frankly, I was waiting for this yesterday itself. I admire greatly your stand regarding justice, judiciary and human rights.
Killing of terrorists in encounter is not new in our country. In Punjab Khalistan terrorists were killed, in Mumbai underworld criminals were killed in same way, even now Naxalites in some states and Jehadi terrorists in Kashmir getting Killed. When terrorists successfully execute the bomb blast, we blame police and our intelligent system. When police kill the terrorists, then also blame police!! What a peculiar condition! What is required immediately is, to identify the back ground of of those killed. Irresponsible media for every thing blaming police and killing them psychologically. Are we morally killing police and military. Can we imagine the condition of our country without powerful police and military. When will end this Modi bashing. No need to shed tears if killed person is terrorists.
The problem with close/fake encounters is that the dead persons cannot be brought back to life. Frequently, so called gangsters,terrorists etc are proven to be innocent merely through a change of Government! It is incredible that the Gujarat Government gets away with murder! If Indians believe that extra-judicial killings only happen in Banana Republics, think again.
At any news media public discussion-debat All BJP/ Modi supporter argued about Development of Gujarat whenever question about his involvement in Criminal activities in Gujarat either Godhra Kand or fake encounter done by his Polices or Bajarang Dal or Government officers. You dares rightfully by saying A MURDER IS MURDER, DOES NOT MATTER WHO LOST LIFE,ITS MATTER WHO DOES IT WITHOUT PROPER JUSTIFICATION.I congratule you for writing such a daring and honest article.
Modi has had his way with almost everything without anybody asking him any questions. Which is why when these come now he wears a mask of injured innocence.The wheels of justice are grinding slowly but very well !
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