'Continuing Impunity'

Why Special Cell will continue to manufacture dreaded terrorists

Last year, JTSA compiled and released a report documenting 16 cases where the Delhi Police, especially its Special Cell, had framed innocents as terrorists. An overwhelming number of these unfortunate men were from Kashmir. Despite the fact that we cited court judgements which reprimanded the Cell for refusing to join independent witnesses, for wilfully violating established procedures, for illegally detaining accused and showing their arrests on later dates; for fabricating evidence and failing to provide an iota of evidence in support of their charges— neither the leadership of the Delhi police nor the Home Ministry felt the need for any enquiry.

Many of these prize catches of the Special Cell happened to be either police or IB informers, surrendered militants, or men with whom one agency or the other had a score to settle. To that extent, Special Cell’s latest, sensational Holi gift— of having foiled a major terror attack in the capital city by Hizbul Mujahideen— follows the set narrative. What the Special Cell did not bargain for was the contestation of their great feat by the J& K police, who clearly said that Liyaqat Shah was a former militant who was returning to Kashmir as part of the state government’s rehabilitation policy for surrendered militants. So, to its utter surprise, the Special Cell was not greeted by instant glory, but by an unusual bad press.

But again, predictably, the MHA has rushed to the defence of the pampered Special Cell. It is this continuing impunity which has emboldened agencies to pick, detain, arrest and charge people with terrorism. Three of the four officers of the Special Cell in the current ‘Hizb operation’ feature rather prominently in the JTSA report: DCP Sanjeev Yadav was key player in five of the 16 cases in Framed, Damned, Acquitted; Sanjay Dutt in six and Rahul Kumar in seven. It should be recalled also that DCP Sanjeev Yadav was indicted by the NHRC for masterminding the fake encounter at Sonia Vihar in 2006 (when he was an ACP). We demand that the magisterial enquiry into the encounter conducted by the then Divisional Commissioner, Shri Vijay Dev, be made public immediately. We fear that there is a concerted attempt to suppress the report of the magisterial enquiry.

Till this impunity ends, we shall continue to witness these press conferences, the display of seized arms and explosives, the conferring of medals and gallantry awards, and the manufacturing of fidayeens.

Released by Jamia Teachers Solidarity Association
www.teacherssolidarity.org
23 March 2013