There was a news item in ‘The Times of India’ dated 13th April 2008, that stated that suspected terrorists named One Viswanathan and four others had been detained from within the jungles at Kodaikanal. This was confirmed by the relatives of the affected victims. Still those detained were not produced before the court by the police. Upon this the lawyers filed a Habeas Corpus Petition in the High Court of Chennai. In the meantime on 19th April 2008, there was news that one Naveen Prasad (27) was killed in encounter with the police at Kodaikanal forest area near vadakavunchi on way to poyyavazhi. Also there were appeals to the Human Rights bodies that in addition to Viswanathan, four others named Kalidoss, Ranjit alias Sekar and others were in illegal detention of the police and their life may be in danger in the custody of police and it sought immediate intervention of the Human Rights bodies. Based on these appeals a separate team consisting of All India Level Human Rights bodies, was constituted to go in to the facts of arrests, illegal detention and the encounter deaths at Kodiakanal.
The team consisted of the following: 1) Prof. A. Marx, Peoples Union for Human Rights (PUHR), 2) Ko.Sugumaran, Federation for Peoples Rights, Pondicherry, 3) Prof.Kochadai, Peoples Union for Civil Leberties (PUCL), 4) Adv.Damayanthi, Centre for Protection of Civil Liberties (CPCL), 5) Adv.Sudhakaran, Centre for Protection of Civil Liberties (CPCL), 6) Adv. Rajarajan, Centre for Protection of Civil Liberties (CPCL), 7) Scientist.S.Gopal, Committee for Protection of Democratic Rights (CPDR), Mumbai, 8) Adv.Sheela Ramanathan, Bangalore, Karnataka, 9) Adv.Kranthi Chaithanya, Andhra Pradesh Civil Liberties Committee (APCLC), 10)G.K. Jayakumari, Bangalore, 11)Marx Ilavenil, Tamizhaga Makkal Urimai Kazhagam, 12)Mohan Kumar, Peoples Union for Human Rights (PUHR), 13) Nizam, Director, Documentary films, Madurai, 14)Adv.Kanagavel, International Association of Peoples Lawyers (IAPL), India chapter, 15)Adv.Sivakumar, International Association of Peoples Lawyers (IAPL), India chapter.
The team visited the following villages like Manjal Parappu, Moolakadai, Perumparai, Nallurkadu, Pannaikadu, Mangalam Kombu, Thandikudi, K.C. Patti, Poolankadu, Thamaraikulam, Poyyavazhi, Periyapallam, Vadakavunchi in the forest areas of Kodaikanal. It met the people and the affected victims and collected the facts. Our team split into two groups and visited the Kodaikanal Medical Hospital and met Dr.Vidya, Dr.Rajan who conducted the Post Mortem on Naveen, met Inspector Chandran of Kodaikanal Police Station, met George Bush who is in the Kodaikanal sub jail on suspicion of helping the militants, met Theni Superintendent of Police R.Sudhakaran, and recorded their views. The team also spoke to DIG Krishnamoorthy over phone.
Our Observations:
1) In the name of combing operation to catch the terrorists and distributing the photographs of Kalidoss and Ranjit in the name of search operation to catch them, the STF has created a great panic and fear psychosis amongst the villagers.
2) Though in general the STF has not put the people in great trouble, specifically with respect to the tribal population and in specific amongst the tribals of Tamaraikulam village it has created a great fear psychosis and threatened them of grave repercussions. The same situation prevails in the Vadakavunchi areas as well. Our team confirmed itself of the illegal detention of Viswanathan from 12th of April. His Brother In law Arjunan and his wife Leema were taken in to custody for a day or two and then left out. On 22nd Arjunan was asked to bring Mary (30) to the police station at the wee hours of night. Even in such late hours while the women are asked to present them selves at the police station, women constables did not go in to accompany the victim. It is suspected by the relatives that Arjunan is given a free cell by the police authorities to keep a watch on the people.
3) The whole of Tamaraikulam village is completely frozen with fear. The illiterate masses of the tribals are afraid that they can be picked at any time by the police. Viswanathan’s brother, Selvam is so much frightened that he does not come to Tamaraikulam to meet his relatives and met his mother who is sick. Viswanathan’s sister Vanarani mentioned this to the team. The Village head, Mallaiyan left stating that he has gone for herding and does not return to the village. When the team enquired Mary’s mother why she did not file a police complaint on Mary being taken to the police station without any reasons, she said ‘they said they would leave her after some enquiry. If we make complaints then they would take us also to the police station on some pretext. Then who would be there to take care of the young child, Mary’s daughter?’ she parried the team. The same is the situation Vadakavunchi, Poyyavazhi, Periyapallam as well. The STF did not allow the villagers to herd their cattles in the forest areas taking control of the area in the name of search and combing operation on terrorists.
4) When the team was returning from the village Tamaraikulam after meeting the villagers, a TATA SUMO vehicle carrying number plate TN07 G 2562 came to the village with those detained. Arjunan, Mary and Leema were left in the village and Rathinam, Brother in Law of Viswanathan who went in search of the detained was also set free. They were so frightened that they did not talk to the team. The team on being informed that one more person is kept detained in the TATA SUMO by the police authorities, went rushing towards the police vehicle. The team was totally shocked to see Viswanathan, whom we had suspected to be in the police custody and being tortured, in the custody of police in Mufti. On seeing us the police tried to take him away hurriedly. Our team videographed the incident and the TATA SUMO. When the Q branch protested against our team videographing Viswanathan in their custody, our team asked the police if Viswanathan is under legal detention? To this Q branch officials responded saying he was not under detention. When the team asked the Q branch police why he was not presented in the court from 12th April, they tried to avoid the answers. When our team left the spot, the police tried to follow our team for a while chasing our vehicle in the forest areas. We intimated the same to our lawyers in Chennai and the press people. This illegal detention of Viswanathan is telecasted in the electronic visual media on 24th morning.
5) Our team suspects that Kalidoss and Ranjit alias Sekar are also under illegal detention. There is an apprehension that they may also be killed in fake encounters. We, human rights activists view this situation with great concern.
6) On Naveen’s encounter, the team collected the following details: a) No press persons or the village officials or the village heads were taken to the spot where encounter with Naveen took place. This peculiar response of the police officials raises serious doubts over the police version of the encounter. b) Only the dead body of Naveen being brought in a hanging structure (doli) was shown to the press people. The place of encounter where the supposed cross firing with Naveen took place is not shown to the press people. c) On seeing the bullet injuries on Naveen’s body, it appeared that he was shot dead from close range. His legs carried marks of having punctured with needles. CPCL lawyers have informed the team about this. Hence it raises doubt about Naveen being already in police custody when he was encountered to death. Dr.Raja and Dr.Vidya who conducted the post mortem on Naveen’s body refused to state anything to the team. They informed the team to meet the senior doctor. On interviewing, the senior doctor informed that these two doctors were juniors and had no experience in this. d) The team met George Bush who is arrested on suspicion of helping the terrorists and kept in Kodaikanal sub jail. e) The team met Theni SP Sudhakaran, IPS, who was part of the team that was involved in the encounter death of Naveen. He said no body else in police custody. While the team countered saying that Viswanathan in illegal was videographed by the team, he said the Q branch is not under his control and asked the team to initiate independent action on the Q branch activity. He denied any link between the Q branch and the law and order machinery. f) When queried by the team if Naveen was killed in fake encounter, he denied the charge and stated that there was a real encounter that took place with the police and Naveen died only in cross firing. g) George Bush belonging to Arunkaval area is arrested on 18th evening on suspicion from the same place where the encounter with Naveen took place on the 19th morning. He had been staying at that place for long time in a tent and even he did not mention to the team of any movement of ‘terrorists’ over there. h) Our team went inside the Vadakavunchi forest for 5 KM distance in the Moolaiyar direction via Poyyavazhi. There was no sign of any movement of terrorists in that region. Even the village panchayat vice president Murugesan told the team and confirmed this to the team. Since the team did not find any sign of encounter or cross firing uphill the interior of the forest, our team member Adv. Damayanthi spoke to the DIG Krishnamoorthy over phone whether he can show the team the spot where the supposed encounter/cross firing took place. The DIG responded stating that he would contact the Q branch and informs us back. But after two hours when the team contacted the DIG he said that the Q branch officials had told him that the team is always biased and they produce reports against the police and hence let the team release the report and if that is differing from the Q branch versions they would send summons to the team. i) Our team is an All India Team consisting of Human Rights Activists from different regions. The team has never failed represent facts and even credited the police in cases where their approaches were credible like in the case report on Thenkasi communal riot. Even in the FFT report of the Varshanadu incident was appreciated as unbiased by the SP Sudhakar who was involved in that incident. The response of Q branch police for releasing credible evidence against its illegal detention of Viswanathan is totally baseless and avoidable.
7) The people of the area did not mention of any Maoists functioned there or any Maoists taking training at that place. When asked about Naveen’s movement at Manjal Parappu, Poolangadu Devaki confirmed of this and said he stayed there for few months and was very quiet and did sell textile goods. He never spoke of political views and never mobilized young people into political activity over there. They all said that ‘he was a good person and never created problems’.
Our Demands:
1) Since there is a great doubt over the encounter to death of Naveen, the Government of TN should follow the guidelines issued under the September 2007 circular it has released on the Encounter deaths. ie. 1) Case should be filed against the police officers involved in the encounter deaths, 2) Instead of an RDO enquiry the government should institute a judicial enquiry on the incident, 3) make arrangements for Naveen’s parents’ to present their case before the enquiry authorities, 4) No officer involved in the encounter death should be rewarded of gallantry awards or promotions.
2) Since there is doubts over Naveen’s encounter to death, there should be second post mortem to clarify the details.
3) We are direct witness to the illegal detention of Viswanathan by the police. A Videographed proof of the same is also available. Hence he should be released forth with. Those responsible for his illegal detention should be suspended forthwith. Since we suspect that in addition to Viswanathan, there are others like Kalidoss, Ranjit and others under illegal detention, we insist upon a judicial enquiry in to this by a sitting High Court judge.
4) If immediate action is taken in HCP cases the lives of innocent citizens in danger can be saved. We wish to bring this to the kind attention of the Honourable Justices.
5) We condemn strongly the statement by Chief Minister Karunanithi that all parties should join hands with the government in tackling the Maoists, as is done in the case of natural calamity. CM’s statement seems to give credulence to the police actions of illegality and gives an indirect nod for the human rights violations. CM should withdraw his statements on this count.
6) Police spread the message that lot of arms and ammunitions are found from the place where Naveen was encountered. But the list showed by them indicates 1gun, 6 rounds, 9 cartridges, 7 pipe bombs, 3 grenades as mentionable arms. Other things being electric wire, fuses, transistor, screw driver, wrist watch, food etc. There was also news about Mariamma of Majal Parappu spotting a terrorist. It was later confirmed as sandal wood thief. The arms captured from the sandal wood thief are also being presented as the arms captured from the terrorist. These seem to be attempts to create unnecessary fear psychosis amongst the villagers about the terrorists.
7) From the way the STF behaves in Tamaraikulam of Kodaikanal areas there is fear if STF is trying to follow Veerappan area combing operation in Kodaikanal also and put the tribals life in misery. Hence the same should be stalled forthwith and STF should be withdrawn.
8) The status of Tribals in Kodaikanal is pathetic. They do not have road facility, educational facility. They are malnutrition. No political parties speak for them. They have no organization and are illiterate. They are vulnerable all sorts of atrocities. In such a situation by taking up welfare measures to restore their basic needs only would wean them away from so called terrorism.
9) The attempts by the STF and Q branch to take Viswanathan who is in police custody in Police dress seems to be the initial attempts to legitimize the private army like “Salwa Judum.”
10) All parties should raise their voice join hands to fight against the human right violations.
Leave a Reply