Friday, 14 June 2013

2012-12-18 Letter to NHRC - Dec 2012

R.B.Sreekumar, I.P.S, (Retd),
Former DGP.  Gujarat.
Plot №-193,
Phone: 079-23247876
M: 9428016117
Tel:- 079-23247876
Mob:- 09428016117
Date: 18th December 2012.

            Subject:          Request for action in the public interests for initiation of departmental proceedings against those responsible for culpable negligence in maintenance of public order and investigation of genocidal crimes, resulting in Human Rights violations in 2002 riots in Gujarat

Respected Sir,
I belong to 1971 batch of India Police Service (I.P.S,), Gujarat State Cadre.  I had retired from service on 28th February 2007.
2.         Kindly find enclosed, copy of my representation to H E The Governor of Gujarat, captioned “A representation in the public interests for initiation of departmental action against those responsible for culpable negligence in maintenance of public order and investigation of genocidal crimes“ (letter No. RBS/GOV/Riots/03/2012 dated 9th Dec, 2012).
3.         Convergence, collaboration and coordination among five (5) categories of criminals are imperative for execution of genocidal violence on a large number of victims. They are i) Planners, ii) Organisers, iii) Ground level mobilisers, iv) Perpetrators/ foot soldiers who physically commit violence and v) Facilitators or Enablers. There is sufficient evidence and statistics to establish that in two Commissionerates of Police (Ahmedabad city and Vadodara city and nine (9) districts of Gujarat, officers responsible for maintenance of law and order, acted as patrons, promoters, abettors and enablers to gang of criminals who engaged in anti-minority massacre in 2002 Gujarat riots. All such acts have to be probed into by NHRC as per section 12(A) and (B) of The Protection of Human Rights Act (1993).
4.         A great deal of evidence on the criminal negligence of officers in providing security to the citizens and manipulating extensive subversion, on the process of investigation and prosecution of accused persons, to delay and deny justice delivery to riot victim survivors, supported by the political bureaucracy in Gujarat, was presented by me in my nine(9) Affidavits (663 pages) to the Justice Nanavati and Justice Akshay Mehta Commission, enquiring into 2002 Gujarat riots and to the Special Investigation Team (SIT) appointed by the Apex Court to investigate major massacre cases.
5.         Copies of my First Affidavit (15th July 2002), Second Affidavit (6th October, 2004), Third Affidavit (9th April 2005) and Fourth Affidavit (27th October 2005) were handed over to Shri. P G J Nampoothiri, the Special Representative of NHRC in Gujarat as and when they were presented to the Justice Nanavati Commission. Many riot victims informed me that they had provided specific evidence about acts of delinquency by individual officers from police and Executive Magistracy in areas affected by high voltage anti-Muslim violence to Shri. P G J Nampoothiri. Recently Shri. P G J Nampoothiri, had authored and published two books, i) Service Story – Secular Police (Autobiography in Malayalam) and ii) Lest We Forget (English), in which he revealed a lot of relevant materials on the communal riots in 2002 and state administration’s controversial role. The information in Shri. P G J Nampoothiri’s books have great relevance to the Terms of Reference of probe by the Justice Nanavati Commission and investigation of riot cases by SIT. However, Shri P G J Nampoothiri did not provide these relevant inputs to the Justice Nanavati Commission through an Affidavit and to SIT, though the victims of riots requested him to do so and SIT had also sought his statement regarding the riots.
6.         IAS and IPS officers who blatantly violated the Standard Operating Procedure (SOP), elaborately detailed in CRPC, Bombay Police Act, Indian Police Act, Gujarat Police Manual and numerous Govt. regulations deliberately, for allowing rioters to inflict gruesome and sacrilegious violence on minority community – extreme human rights violations – had to be made accountable through suitable punitive action against the defaulters. In this context, I humbly request the Chairman, NHRC to take necessary action against all Govt. functionaries who deviated from the statutory, administrative and regulatory architecture during 2002 riots and subsequent period. The data on the delinquency and delinquents are narrated in my enclosed “Representation to H E The Governor of Gujarat”.
7.         I am willing to appear before the Commission for providing any elucidation and clarification on the material submitted in my Representation to the H E The Governor of Gujarat”
Thanking You
Yours faithfully,

The Chairman
National Human Rights Commission,
Faridkot House, Copernicus Marg,
New Delhi, PIN 110001

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