Faith in the police - 30 Sep 2008

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Faith in the police is a must if India is to fight and defeat terrorists

by Maxwell Pereira

I AM NOT a great proponent of ‘ encounters’. For police encounters have always given me a queasy feeling for various reasons — the foremost being that I firmly believe the right to take life remains solely with the One who created it and none else.

But then we live in a society that creates laws making it justifiable to take life of persons considered a danger to society; and we have societies that wage wars that require one to kill the enemy to emerge victorious.

That’s okay with me, as a necessary evil as long as the law permitting it remains on the statute. As an extension to this argument, I am also okay with police encounters where they are a must, and where they are inevitable.

The Batla House Jamia Nagar encounter of Friday, 19 September, following the Delhi blasts of the previous Saturday the 13th, is one such in which two suspected terrorists were shot dead. In the exchange of fire between the raiding party and the ones raided, a much- decorated officer of Delhi Police’s anti- terrorist Special Cell, Inspector Mohan Chand Sharma, who led the raid, also lost his life following bullet injuries suffered when fired upon by inmates there. The raid and encounter yielded the live capture of one inmate, from whose interrogation the Delhi Police and other law enforcement authorities across the nation have now been able to bust terror modules linked to a majority of the bomb blasts that ripped various cities in the country since 2005.

Despite the colossal sacrifice of an illustrious officer’s valued life snuffed out in his prime, and despite the merits of the major breakthrough achieved in the investigation of hitherto unsolved blasts in various parts of the country, there is a shocking effort on to confuse and confound public opinion by sectarian and partisan groups for reasons best known to them.

Even before the investigations are complete, efforts are on to pick holes and contradictions in the police versions emanating from different states — and especially in the Delhi Police brief on the encounter at L- 18 Batla House, without a thought for the interests of safety and security of the people and the integrity of the country which is at stake.

Protagonists of the fake encounter theory are busy feeding stories, not realising that the red herrings and canards they spread will help the real accused whose guilt beyond doubt has ultimately to be established in court. For which purpose, the investigators have to adduce fool- proof evidence that stands scrutiny — and any premature disclosure of details is fraught with danger of attempts to destroy evidence, intimidate or win over witnesses and a plethora of maladies that plague our criminal- justice system. So confident are the ones postulating theories counter to the police version that one of them even challenged me for a bet that not one of those arrested by the police following disclosures made after the encounter would ever be convicted. This is the scenario under which the police work.

Canards

So what are the canards sought to be spread? Firstly about the two in the police version said to have escaped from the tenement - that it is impossible for anyone to escape because of the single access into the building for entry or exit.

Without agreeing or disagreeing with this contention, I ask who cares whether or not there was an escape at all, and how many actually escaped – other than for purposes of further investigation and wrapping up of the case? What matters is whether or not the inmates ( however many they were) were genuinely members of a terror module, and whether they could have been captured alive without resorting to the use of firearms.

The second is the issue of the absence of blood on Sharma’s clothes in the photograph showing him being propped up ( probably while being led to a vehicle to transport him to hospital) by two colleagues.

What expertise does the one who has theories on this issue to speak either way? In my 35 years of active policing, I have witnessed bodies splattered with blood all over – I have also seen bodies which left us wondering: “ where did all the blood go?” Isn’t it best left to forensic experts to provide answers to these seemingly puzzling aspects at the right time and place? The other canard is that the bullet which killed Sharma was from the gun of a fellow raiding- partymember, the result of what in army parlance is termed accidental “ friendly fire”. Anyone with basic knowledge of ballistics would know how preposterous this is, as not by any stretch of imagination can more than one bullet hit the victim in a “ friendly fire” when the raiding party had no repeat- fire automatic weapon with them.

The Muslim community has many issues over being marginalised and discriminated against, as I as a Christian have issues over the burning of churches and raping of nuns. But these community issues cannot be used to deviate from the main issue in hand, to confuse and divert the focus from main investigations – as with the allegation about stereo- typing Muslims by parading arrested suspects with faces muffled in redchecked abaaya scarves associated with the Muslim community. By no stretch of imagination was this a deliberate act with malicious intent — and I wonder if those responsible for raising this realize the greater harm they have done to the Muslim cause by themselves drawing attention to it which would otherwise have gone totally unnoticed.

Broadly summed up, the incident in Jamia Nagar was not a planned encounter, it was primarily a recce for verification that led to chance positive identification of suspects. The unobtrusive communication managed through a cell phone missed call couldn’t tell all – just two things: either something positive, or indicating trouble, which made Sharma rush alone to the spot, simultaneously calling for backups. The actual circumstances that made Sharma go to the ill- fated tenement without adequate protection, no one can tell.

Speculation

The raiding party that followed and faced the bullets were as conscious of their lives as anyone prudent ought to be, and resultantly my enquiries tell me the bit about two escaping was based on the versions of those from the crowd that gathered below on hearing the shots. This in a nutshell is what happened.

Now, whatever be the speculations on the nittygritty surrounding these basic facts — whether by rumour- mongers, vested interests, or mischievous elements with an agenda, ultimately it is the ones in the raiding party who have to depose from the witness stand to tell the truth.

Every police department worth its salt needs its hitmen.

So does Delhi Police, given its peculiar circumstance as a much sought after target for bomb- blasting terrorists, the so- called aggrieved states and communities of the country; and plundering criminals from Delhi’s own bordering lands who find the riches of Delhi too much of a temptation to resist. That Delhi’s multi- ethnic and impersonal culture provides faceless anonymity and a safe haven to a fugitive to hide in or operate with impunity is also a factor. But then, not everyone can measure up to be a police hit- man. Among other things, it requires guts, and a willingness to be condemned for life to be afraid of one’s own shadow.

Courage

In hindsight one is often wiser. As perhaps would be the case in the matter of the Jamia Nagar encounter when analysts have finally settled the dust on their deliberations and perambulations – on what could have been and what should have been done. The officers and staff of the Special Cell are an experienced and seasoned lot – of a steel frame and of rare courage tempered in sweat and blood. It is very easy for people to postulate theories from the safety of their armchairs or desks – but how many of these with the fake- encounter theory have guts to stand at the door with bullets flying at them and around them? There is no need to doubt the courage or integrity of the likes of Mohan Chand Sharma whom the nation has awarded for gallantry seven times!

The writer is a former joint commissioner of police

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You Can’t Beat This SUPERCOP! - 18 May 1996

By Maxwell Pereira

After our success in solving the recent Vasant Kunj murders. I wrote to the residents of the Southern Range about the modus operandi of the domestic Tika Ram, who had eliminated an entire family, and of the ‘Delhi strangler’, Neeraj, who used to befriend young maids to gain access to their employers’ households and then murder the women after looting the houses.

In my letter, I had also informed the residents of the need for them to get to know the beat constables of their respective areas, of how important the role of these police functionaries was in the prevention of crime in residential areas. From the flood of responses, it seems, my efforts was not entirely wasted.

Now, let me go down memory lane to the days when I was policing a district. It used to upset me when everyone wanted to meet only the commissioner. Or the Deputy Commissioner. And not anyone lower. “Oh no! Not the constable,” people would exclaim in horror. How can anyone talk to a constable? He’s such a rustic – so crude! He doesn’t even know how to behave. In any case, how would it help? One has heard that all he does is collect haftas. It’s best to avoid him like the plague.

But then, I would really insist on asking everyone: “Have you met the SHO? Or the Division Officer? Do you know the name of your beat constable?” Invariably, the answer would be ‘no’. And I would try to motivate the complainants to know these very important functionaries, who really mattered. I would tell them that it may be a good idea to get to know the constable who stays awake at night to walk the beat, “to ensure your safety and security”.

I would insist that the division officer and the beat constable be invited to meetings with residents’ welfare associations. “Once you get to know the beat constable, share a cup of tea with him, and raise him to your level”. I would reason, “he would be wary of you missing his presence and most of all would be proud of knowing you, proud of being associated with you, proud of your acceptance of him and the recognition given to him by you”.

My efforts were not in vein. I remember how I had to face opposition from the residents of certain colonies when I sought to transfer some of my policemen to other beats. They did not want me to change their beat constable. By then, they all knew him well. And he was their protector. He worked to ensure that there was no crime in the area.

A retired Major General expressed similar sentiments to me the other day at a function of the federation of welfare associations of Vasant Kunj. The function had been organized to felicitate Delhi Police on the commendable job done in solving the Vasant Kunj murders. The retired Major General asked me whether I could reconsider the transfer of the beat constable of his area. The reason? He had served only four months on that beat (so, it was too early for him to be considered for a transfer) and had already got to know all the residents. More importantly, all the residents knew him. They did not want to lose him so soon. I agreed too, most heartily.

A retired adviser to the Railway Board has written to me from Vasant Vihar that there used to be a system of issuing cards to residents, giving the local beat constable’s name. The constable made it a practice to knock on each resident’s doors once in 10-to-15 days, to have a chat and check on problems, if any. The gentleman suggests that this system of the beat constable getting in touch with residents be revitalized.

But this is already being practised by our beat constables in the Senior Citizens’ Scheme – the idea is to be in touch with a vulnerable section of the population. Nonetheless, we welcome suggestions. The Director General (Investigations) at the National Human Rights Commission, Mr. Shanker Sen, for instance has written stressing the need for residents to know their beat constables. He suggests that officers even of the rank of ACP and DCP should drop in on residents accompanied by the beat constables and introduce them to the people.

We don’t have to look far for the worth of our beat constables. In the 1995 Annual Review of Delhi Police achievements, we had as many as 17 beat constables listed for extraordinary good work, which ensured out-of-turn promotions for many of them. Heading the list, naturally, was Constable Abdul Nazir Kunju, who was responsible for preventing the ‘tandoor’ murder case from going undetected.

It’s these 17 constables, and a number of their colleagues, who are the real policemen – they keep working silently, their work going unnoticed, only their mistakes making bold headlines in newspapers. These are the ones whose contribution is to be recognized, whose worth needs to be acknowledged by the people whom they serve.

In yet another letter addressed to me, Rotarian Govind Shahni from Mayfair Gardens recalls “…. A few months back a very pleasant young man called on me. He introduced himself as Kabuli Chand, beat constable of our area. He offered me his cooperation for maintaining law and order in our area. Since then, he has been calling on me time and again with bits of information.

“I am very happy to have met such a pleasant man who really wants to cooperate with members of the society as a fellow citizen. I wish to congratulate and salute the police for presenting to the society honest and polite policemen like Kabuli Chand.”

I can keep on relating many more similar experiences, but have not chosen to do so because of space constraints. We must treat them as officers, which they are, and not as inconsequential functionaries. It is in our interests to try and improve the stock of these beat constables, raising their living standards to a desirable level.

**Published in The Indian Express on 18.5.1996: Better Living supplement/Crime Beat Column

Maxwell Pereira is the Additional CP (Southern Range), besides being a prolific writer.