I/III.http://timesofindia.indiatimes.com/articleshow/4817651.cms

Stir against Batla clean chit by NHRCTNN 25 July 2009, 04:41am IST

NEW DELHI: Protesting against the National Human Rights Commission's (NHRC)
clean chit to Delhi Police in the Batla House encounter case, civil rights
activists including members of the Jamia Teachers Solidarity Group staged a
demonstration outside the NHRC office on Friday afternoon. The protestors
demanded a judicial inquiry into the controversial case by a sitting judge
of the Supreme Court.

The agitators burnt a copy of the NHRC report and vowed to carry forward
their "struggle" till a judicial inquiry was conducted.

NHRC gave a clean chit to Delhi Police in the Batla House encounter case in
which two suspected Indian Mujahideen terrorists and an inspector of Delhi
Police were killed last year. It said there had been no human rights
violation by the police.

"NHRC conveniently skirted all uncomfortable questions in its urgent rush to
declare the innocence of the Delhi Police. NHRC proved itself to be a
propaganda arm of the state and not the independent custodian of human
rights," said Mehtab Alam, member of the Association for Protection of Civil
Rights.

II.
http://www.twocircles.net/2009jul25/autopsy_nhrc_report_batla_house_encounter.html

An autopsy of NHRC report on Batla House encounter
Submitted by admin4 on 25 July 2009 - 3:44pm.

   - Articles <http://www.twocircles.net/news/articles>
   - Indian Muslim <http://www.twocircles.net/news/indian-muslim>

*By TwoCircles.net News Desk,*

Follwoing is a joint statement of some human and civil rights groups tearing
apart the National Human Rights Commission report on the Batla House
encounter. Signatories to the statement are: Tanweer Fazal, Farah Farooqui,
Ghazi Shahnawaz, Harris, Ahmed Sohaib (Jamia Teachers’ Solidarity Group),
Mahtab Alam (Association for Protection of Civil Rights) and Aslam Khan (All
India Students Association, Jamia Millia Islamia--Editor)

The National Human Rights Commission’s so-called enquiry into the Batla
House ‘encounter’ has pronounced the Delhi Police innocent of any foul play.
Interestingly, the NHRC’s investigations into the police action on 19th
September are based on evidences provided by those accused of encounter
alone. The Commission’s enquiry is based on the responses of the following
officers of the Delhi Police:

1) R.P. Upadhayay, Additional Commissioner of Police, Vigilance;

2) Satish Chandra, Special Commissioner of Police (Vigilance), Delhi;

3) Neeraj Thakur, DCP (Crime & Rly.), Delhi;

4) Karnail Singh, Joint Commissioner of Police, Special Cell, Delhi.

As it appears from the Report, the Commission did not even bother to pay a
visit to the Batla House locality and Flat No. 108, L-18, the site of the
said encounter. There has been no attempt to collect the versions of the
eyewitnesses, neighbours or relatives of those killed. The Fact-finding
reports of various civil rights groups including JTSG’s *Encounter at Batla
House: Unanswered Questions*, a damning indictment of the police version
with corroborative evidence has been given no cognizance. *Applications
filed by individuals from Azamgarh wishing to depose before the Commission
were ignored and not even acknowledged.*

The Commission also cites the post mortem reports of the deceased, which
have thus far been treated as state secrets. While wounds suffered by the
slain police officer has been provided with great detail such as the places
in the body where bullet injuries were found, their impact, ‘entry and exit
points’ etc. Even the injury suffered in the arm by injured Constable
Balwant Singh carries all this information but the same treatment is
curiously absent in the case of Atif and Sajid, the slain ‘terrorists’. It
mentions the injuries and bullet entry wounds on Atif’s and Sajid’s bodies
but refuses to consider the fact that Sajid had several bullet wounds on his
forehead and head regions, which suggests that he was shot while made to
crouch or squat.

Further, in both Atif and Sajid’s case, the postmorten report mentions
‘several ante-mortem injuries including firearm wounds’. This only suggests
that there were at least *a few ‘non-firearm wound’*. In what circumstances
were these caused? The enquiry team provides us with no explanation. In the
absence of any description, the suspicion that they could have been *tortured
before being encountered gets strengthened.*

In the police’s defence, it cites the serological report which says that the
blood group matching that of Atif, Sajid and Balwant Singh (the police man
who was injured in the 19th September operation) was found on the floor,
gate, drawing room, walls, gate and furniture of the flat No. L 18. *So what
does this prove or disprove? Except that two people were killed and another
injured. But most interestingly, it does not mention at all whether the
blood matching the blood group of Inspector Sharma was found in the flat.*

This is glaring as the Commission’s report in the very next few paragraphs
confidently corroborates the police version that a “volley of bullets was
fired on the police team as soon as it entered Flat no 108, L-18..through
the side gate. …” If Balwant Singh was “also with Inspector Sharma” and
sustained bullet injuries leading to the spilling of blood mentioned in the
serological report, *how is the serological report completely silent on the
blood of Inspector Sharma?*

The weapons which killed Inspector Sharma, W/2 and W/3, according the
Commission, belonged to no one in the police party, and were therefore quite
obviously it concludes, the possessions of the slain youth, Atif and Sajid.
*The NHRC here places an implicit faith in the Delhi Police, and chooses to
ignore what the civil rights activists have been saying from day one, that
no panchnama or seizure list was prepared in the presence of any independent
witnesses, as is procedurally required.*

It also refuses to comment on questions being raised on the police claim
that two alleged terrorists escaped during the operation, declaring it to be
beyond the scope of its enquiry. In fact, it seems to be accepting the
police version that ‘each flat has two doors and a crowd had gathered
outside at the time when the exchange of fire was on’. Going by the police
version the NHRC concludes, ‘in the melee it was possible for some persons
to escape’. But the contradiction in the police report itself is not taken
note wherein it is claimed that while Inspector Sharma led a few staff
inside the building, the rest of the team members were guarding the ground
floor. Now, had the NHRC team visited the site, it would have noticed that
even if the flats have two gates, but the entry gate to the building is only
one, on the ground floor and that was being manned by the police party. The
residents of the other flats had been told to stay inside, but this again
could be gathered only if the NHRC team had recorded the eyewitness
accounts. *How could it be possible for the two alleged ‘terrorists’ to
flee?*

The NHRC has conveniently skirted all uncomfortable questions in its urgent
rush to declare the innocence of the Delhi Police. Coming as it does, in the
wake of the botched up enquiry into the Shopian rape and murder case, raises
serious doubts over the credibility of enquiry commissions and bodies such
as the NHRC. By ignoring all contrary voices, the NHRC has proved itself to
be a propaganda arm of the state, and not the independent custodian of human
rights of the country’s citizens, as it was created to be.

All those interested in the pursuance of truth and justice, reject this
farcical, partisan and shameful mockery of an enquiry.

We reiterate our demand for an impartial judicial enquiry by a sitting judge
of the Supreme Court to look into the entire issue emerging from the Batla
House encounter.

III.

http://www.hardnewsmedia.com/2009/07/3113

Jamia teachers slam NHRC

A simmering wave of anger against the Batla House encounter and hounding of
an entire community seems to have re-emerged

Sadiq Naqvi Delhi Hardnews

NHRC report on the controversial Batla House encounter, widely perceived to
be fake, has raised a lot of eyebrows. Civil rights groups all over the
country are angry on the procedure adopted by the NHRC in conducting the
enquiry. Protests are being held all over the country against NHRC for its
shoddy, and rather biased, handling of the case. A simmering wave of anger
against the encounter and consequent hounding of an entire community seems
to have re-emerged.

NHRC has absolved Delhi Police of any human rights violation in the
incident. In its report it clearly states: "The police team had gone to
L-18, Batla House on receipt of specific information. They had legal right
to verify the information. The occupants of Flat No.108 were legally bound
to cooperate with the police team and respond to their query. They had no
cause or occasion to open fire at the police party. Since they resorted to
firing causing serious injuries, the police party was fully entitled to
defend itself by taking appropriate measures."

A protest demonstration was held on Friday in front of the NHRC office in
Delhi. The protest was jointly called by Jamia Teachers Solidarity Group
(JTSG), All India Students Association (AISA) and Association for the
Protection of Civil Rights (APCR). A copy of the NHRC report was burnt by
angry protestors. The report was termed as shameful by the protestor who
outrightly rejected it as farce. The protestors alleged that in spite of the
many transparent black holes in the police version, NHRC has accepted it as
gospel truth. The angry protestors demanded a judicial probe on the
incident.

According to the statement joint statement issued by JTSG, APCR and AISA "it
appears from the Report, the Commission did not even bother to pay a visit
to the Batla House locality and Flat No. 108, L-18, the site of the said
encounter. There has been no attempt to collect the versions of the
eyewitnesses, neighbours or relatives of those killed. The fact-finding
reports of various civil rights groups including JTSG's *Encounter at Batla
House: Unanswered Questions*, a damning indictment of the police version
with corroborative evidence has been given no cognisance. Applications filed
by individuals from Azamgarh wishing to depose before the Commission were
ignored and not even acknowledged."

Reports also trickled in of similar protests in Azamgarh and Jamia Nagar,
the site of encounter. In the protest which was also held in front of the
DM's office in Azamgarh, dubbed as the 'terror capital' of India by a highly
unobjective media, protestors submitted a four point memorandum demanding a
judicial probe in the encounter, end of violation of human rights against
those detained in jails in terror cases, a probe into the beating of some
Azamgarh inmates languishing in Jaipur and Ahmedabad jails in terror cases,
and permission to the students who are in jail to continue their study.

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