Police firing argts 28052008

Before the Hon’ble Justice V Bhaskara Rao Commission of Inquiry into Police Firing after

the Bomb Explosion at Mecca Masjid Hyderabad

presentation slides furnished during final submissions by

counsel for Asaduddin Owaisi, M.P.May 28, 2008

“facts speak for themselves”draw your own conclusions

Material supplementing oral submissions

language

Whether the opening of fire was warranted and quantum of force used by the Police in the said incident was justified and reasonable.

Onus probandi – where does it lie ?

The police story stands falsified. Have they discharged the burden of proof ?

language

significant that the words used in

the notification are not whether the opening of fire was unwarranted and quantum of force used by the Police in the said incident was unjustified and unreasonable

…any lapses… any person…

Whether there are any lapses on the part of any authority or person or persons in connection with the above incident.

all encompassing terms… all persons whether officers or lower ranks, covered

the future of our children

suggest remedies to avoid recurrence remedies : statutory accountability,

deterrence, transparency, education of police officials, removal of communal bias, incentives and disincentives, citizen evaluation, mandatory implementation of commission reports, time bound action taken reports, publication of every step

the initial trauma and shock

what frightened people saw

the crowd is not violent

the crowd is not violent ~ its just curious, concerned onlookers

the crowd is not violent and in fact regulating matters itself

the crowd is not violentit is regulating matters itself, and is orderly

the crowd is not violent… the bodies are being shifted

are those who see this in shock helped reach home in a regulated manner, or treated to gas, water canon, live ammunition… killed ??

the crowd is not violent and in fact regulating matters itself

the crowd is not violent but orderly ~ one sniffer dog at left

the crowd is not violent– the dog squad is verymuch there….. and theshadows tell us the time

…not just a dog…see the shadows…

the crowd not violent… the shadows speak… where do the shadows fall ? what time is it ? what do the police claim ?

the crowd is not violentzero violence ! zero !!

shadows inside also tell us the time – no violence !

crowd not violent – “stone pelting, riotous mob” ? where ??

“thousands”... “stone pelting, riotous mob” : where ??why are they trapped inside ? the shadows speak

“militant, uncontrolled mob” “shouting slogans” : where ??

why are they trapped inside ? the shadows tell the time

crowd not violent - shadows speak ~ police claim : they’re militants : why ?? “they shouted ‘naaraa-e-takbeer : Allah hu Akbar’ ” !

draw your own conclusions

militants in action ?I

shadows… photographers

between crowd and police…photographers…no violence

police…photographers…no violence

between crowd and police…photographers…zero violence

draw your conclusions

police…not under attack…no violence at all !!

police…photographers…not a stone in sight… note the shadows

between crowd and police…photographers…zero violence

blue uniformed police run to battle… not a stone in sight !!draw your conclusions

reinforcements to battle positions… not a stone in sight !!

draw your conclusions

water canons… why ? where are the stones being pelted ?!!

photographers, namaazis… according to the ACP, a war like situation !!

photographers… police…where are the stones allegedly pelted ?!!according to the ACP, a war like situation !!

militants...violent mob… where ??

mr. ACP, is this the (brown uniformed) mob ??

the “uniformed mob” action begins ?!!

in this ‘war like situation’ a uniformed mob is pelting stones ! no stones, on this side !! photographers walking around – can stones be thrown into a crowd in a mosque by police ?!!

the tear gas firing – note smoke cloudwhere are the allegedly pelted stones ?? did the police remove those ?! or did they simply not exist at this time ??

there would be photographers in between for this shot !!

photographers obviously between namazis and policemen !! no stones in sight !!

there would be photographers in between for this shot !!

more tear gas … while cops are … juststanding around – where’s the threat ??

there would bephotographersin betweenfor this shot !!

safe distance

some stones now visible… cops at a distance – zero threat

There would be photographers in between for this shot !!

guns … and cameras… but no injuries

where are the allegedly pelted stones ? is the police not casual ?! a threat simply did not exist even at this time !

guns … and cameras… but no danger !

where are the allegedly pelted stones ?

enter the man who ordered firing…into the crowd INSIDE the mosque

who is this man ??

who shouted “maar maa ke laudaon ku, maar” ?! why ??does “encounterland” now also have uniformed terrorists ??

who is this man ?

who is this man ??

how long will police pretence of “inability to identify” their own offenders be permitted to… defeat justice ?

water in one direction…no stone in the reverse direction ?

where are photographers ? do they sense any threat ?

a fleeing crowd being tear gassed ?

count the thousands, riotous, uncontrolled, militant mob

stones definitely are thrown in reverse direction - now

“riotous, uncontrolled, militant mob” : count it ! while so, RAF platoons, CAR SPL sections, L&O companies… all trained in mob control, trained in weapons use, were fully ARMED !!

if they stood their ground, let people leave single file after checking each – could any damage have been caused ?

the police is safe at a distance“riotous, uncontrolled, militant mob” can be counted !

while the police is absolutely safe at this distance

Whois thisman ?

two types of simultaneous shooting

gun

cameracamera

the convenient “signature”fingerprints immaterial ?!

fingerprints immaterial ?!

fingerprints suddenly material now ?!

now, the questions…

What happened ? Who is responsible ? What were the

lapses ? Who is accountable ?

were ambulances not allowed inside Mecca Masjid soon after the bomb blast ?

Sun overhead – shadow below ambulance – crowd well-behaved

Is police version correct ?

The crowd – mere spectators where is the allegedly belligerent crowd ‘attacking’ policemen on duty with stones ?

the crowd… of only spectators

who provoked the crowd… and why ?is police version correct ? who ordered tear gas, firing, into the mosque ?

the position of the camera is inside themosque – so where’s the violence ??

who is being tear gassed ? why ??

how ‘factual’ is the DCP’s report ?

why does the

DCP ‘omit to

mention’ this

man, his shots

and this

weapon ?

the theory that there must be threat is… theory !

the weapon is lowered …

fire !!!

annaa, saathh ho gaye !!

…they must not escape…

“hot pursuit” ! “police manual” ? “woh kya hai re?”

the ‘detailed’ factual report…omits these shots… why ? on which

ACPs “reports” did the DCP make

his incorrect report ? any action

against those ? creating a document

knowing contents are false or not knowing

them to be correct and placing it

before authority forming opinion,

intending or knowing thereby it will

form erroneous opinion, is fabrication

of false evidence, carries prison sentence

of up to seven years – which police

officials are accountable ? who will take

action … or are policemen exempt from penal consequences of crimes ?

“rubber” bullets

can anyone find us one, one ofthese missing rubber bullet remnants … or any shattered rubber pieces of just one rubber bullet ? at least 10% credence can then perhaps be given to the "police story”. none found ! none

does the policeversion notqualify for topten fiction of theyear awardrubber bullet ?

one injury of a rubber bullet ? no ! none !

irresponsible criminal order of firing high velocity long range deadly ammunition into crowd of hundreds, including children in mosque ?

see insets

. 303 = 1850 fps = 38000 psi = 1.6 km

.303 1850 fps 38000 psi 1.6 km : hits stone and distorts to rough shrapnel – can kill, maim – can travel through several persons when fired into thick crowd - armed men, falsely claiming right of self defence, and killing others, are guilty of murder – they qualify as terrorists – or are terrorists only “Islamic” and “jehadi” ?or are there uniformed terrorists – anti-national non-secular traitors within India ?

what was the perceived threat ?

we don’t need a reason… FIRE ! … FIRE !!

ACCORDING TO THE POLICE ITSELF, THE CROWD WAS SHOUTING ALLAH HU AKBAR !!

“Hullo ? ANNAA… SAATHH HO GAYE !!”

acp sahib farmaathein hain, warning was issued in telugu…to an urdu speaking crowd inside a mosque… acp sahib !!

“Charge of the Darkness Brigade”

theirs not to question why, theirs but to do and die…and since inside a mosque those who die can onlybe them, it makes decision-making a lot easier… FIRE !! maar maa ke laudaon ku… maar !!

If you’re being attacked…

you can

walk away

unconcerned

as … crowd

was over

200 feet

away !

contrary to what this photograph suggests, there was in fact a very real threat – only it was a threat not to the police but to the fleeing crowd, to sanity, to rule of law, to public safety… from the insane behaviour of the homicidal “shooters” disgracing police uniforms and secularism

Mr Ramchandra Reddy !who is his companion ?

kyaa karein yaar… after the wildlife protection law, the

only live sport that remains for our bored trigger happy

men is …. muslim hunting !!

attack !

attack : can sometimes be…a real pleasure…

watch videos : see SLR firing man… enjoying shooting at fleeing people

identities required ! to identify the person or persons

responsible for the said opening of fire. curiously, witness after witness is “unable

to identify” faces, voices…

why was this Commission constituted ? what would its duty be ? system on trial ?

daag bade gehre hain… naqaabaon se dhake chehre hain…

so what if its firing at the back ?

Its

their

back

the backs… back againtheir backs… not ours

practice… test the ammunition...never mind targets being few.. kill these, there’s no

political fallout, no question asked… ‘safe shots’

one must aim carefully…after all, the targets are at a distance… from

that distance, they can’t do anything to us

when does exercise of alleged right convert to culpable homicide ?

what was that boy’s crime ?

route to medals + promotions – body count annaa saathh ho

gaye

his mother’s grief ?what is an armed policeman who kills fleeing people and derivespleasure from his crime ? what is the penalty for murder ?

does wearing a uniform exempt ... murderers ?are muslim victims of police murders not entitled to legal

protection, ask for accountability, reach closure of their grief ?

in the face of such evidence, what is… this Hon’ble Commission’s duty ?

Witness : DCP Dr M Kantha Rao

Statements Facts Those Establish

Does not know if there is a madrassa in Mecca Masjid

Did not move from in front of mosque in entire day’s events

Focus : protect jewellery shops of Hindus instead of maintaining law and order

Unaware of area he polices

Has no idea of crucial details

Did not do what is expected of senior officers to oversee situation

Acted as protector of one community only

Witnesses : “WITHDRAWN”

Events Facts Those Establish

Witnesses who have filed affidavits favouring the police version, mysteriously are “withdrawn” by counsel for police, when the time comes for them to face cross examination ?! Why are they being shielded by the police ?

• The fabrication of false evidence, the putting of statements into the mouths of persons who are unaware of what they testify to : why would the police do this but to cover up their crimes ?

• The government that appointed this Commission does not want the truth known !

Witnesses : allegedly “THREATENED”

Events Facts Those Establish

• Witnesses who testified favouring policemen’s versions, are friends of the police. Then, if they did receive threats, why did they not complain to the police and instead feel the necessity to complain to the Hon’ble Commission ?

• The only logical reason can be that the threats were from the police itself : to not allow cross examination, lest the facts be known and the police stand indicted and exposed. (The petrol pump workers were the ones who fabricated the scene of alleged arson at the pump at the instance, obviously, of the police.)

Witnesses : ? ? ? ? ? ?


This slide is blank as yet to cover the police inspector P Sudhakar, and the “petrol pump attendants” witnesses – when their depositions are over those will be added – all so called “independent witnesses” significantly filed affidavits that are attested by a police inspector ! Significantly these “independent witnesses” are “withdrawn” by the learned counsel for the police !! Conclusion ??!

Witness : inspector P SudhakarFIR made after consultations : AISA AISA

LIKHE THO ACCHHAA REHTHAA !30 minutes they hid : more than enough time to

burn, destroy !Not aware his affidavit and those of two others

identical !Affidavit prepared in Telugu forming basis of

present affidavit, DESTROYED !At time of FIR unaware some people had died in

firing !Crowd figure escalates from 200-300 to 500-

600… !At time of firing crowd was at “long distance” !

Fabrication of evidence !Story of attempt to burn falsified,

since in face of police being unable to control, no burning took place !

Lying about copying of affidavits.Aggravation of events, figures to

provide ex post facto justification for firing !

Falsifies story of police that firing at crowd was necessitated to prevent burning of pump, killing of police personnel.

Projects himself as in control even at time when he was admittedly in hiding afraid for his own life.

the shadows of death provide the light of truth

the facts speak for themselves

…blood…which religion ?…

supreme court judgments :secularism ~ basic structure

• judgements declare the law : THE LAW IS ON OUR SIDE !! • 2002 8 SCC page 481 secularism is basic structure of

constitution• 2002 7 SCC page 368• 2002 5 SCC page 294• 2002 2 SCC page 725• 2001 1 SCC page 582• 1998 4 SCC page 626• 1997 3 SCC page 261• 1997 9 SCC page 662• 1996 8 SCC page 525• 1994 3 SCC page 1• 1992 SCC Supp 3 page 217• 1991 4 SCC page 699• 1975 SCC Supp page 1

supreme court judgments :rule of law ~ basic structure

• having seen what the law is, hear RULE OF LAW HAS TO PREVAIL !• 2001 1 SCC page 582 rule of law is basic structure of constitution• 2002 8 SCC page 481• 2002 7 SCC page 368• 2002 2 SCC page 725

• anti-secular is anti-national, violates constitution• no constitution violator to hold office or contest

Constitutional Mandate ?

• The constitution assured reservations for ten years : if it was then postulated that there would be reservations beyond fifty years no one would have accepted the preposterous proposition. Extension of reservations beyond the first ten years is a violation and breach of the contract we the people of India gave ourselves.

Directive Principles of State Policy

• 37. Application of the principles contained in this Part.-• The provisions contained in this Part shall not be enforceable by

any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

• While I cannot file proceeding for enforcement, these provisions are by the Constitution declared nevertheless fundamental in governance : fundamental pillars of governance cannot be enforced BUT action founded on them CAN be STRUCK DOWN !! Does this not need reconsideration ? What ought to be the role of the judiciary in this conflict between what ought to be and what is, when attempted, immediately assailed as being “extreme…religion-specific…illegal” ?

…educational & economic interests… other weaker sections

• 46. Promotion of educational and economic interests of

Scheduled Castes, Scheduled Tribes and other weaker sections.-

• The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

…public employment…

• 16. Equality of opportunity in matters of public employment.-(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

• (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

• (4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

• Reservation for SCs/STs (only Hindus) means denial of real equality of opportunity to Muslims for reasons of (absence of) caste and on ground of religion.

…raise… standard of living… prohibition of the consumption … of intoxicating drinks

• 47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.-

• • The State shall regard the raising of the level of nutrition

and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

51. Promotion of international peace and security

• 51. Promotion of international peace and security.- The State shall endeavour to-

• (a) promote international peace and security;• (b) maintain just and honourable relations between nations;

• (c) foster respect for international law and treaty obligations in the dealings of organised people with one another; and… … …

• International Convention on Civil & Political Rights• International Convention on Protection of Rights of

Minorities• Prohibition of cultural genocide…• Prohibition of ethnic and other genocide…• Promotion of rights of minorities by affirmative action• (The SC – V R Krishna Iyer, J - has held that these must be

implemented.)

Fundamental duty…every citizen… respect ideals of Constitution

• 51A. Fundamental duties.- It shall be the duty of every citizen of India,-

• (a) to abide by the Constitution and respect its ideals and institutions…

• Every citizen would include Hon’ble Judges• What ought to be the role of members of the judiciary in this

conflict between what ought to be and what is, when attempted, immediately assailed ? Should the constitutionally mandated affirmative action be quashed as being “extreme… religion-specific… illegal… fraud on the constitution” ? Does not respect for national institutions entail respect of judgments of higher courts and for constitutional provisions that require honouring treaty obligations…

Anglo-Indian community : RACE- and RELIGION-specific reservations are okay !

• 331. Representation of the Anglo-Indian community in the House of the People - Notwithstanding anything in article 81, the President may, if he is of opinion that the Anglo-Indian community is not adequately represented in the House of the People, nominate not more than two members of that community to the House of the People.

• 333. Representation of the Ango-Indian community in the Legislative Assemblies of the States - Notwithstanding anything in article 170, the Governor of a State may, if he is of opinion that the Anglo-India community needs representation in the Legislative Assembly of the State and is not adequately represented therein nominate one member of that community to the Assembly.

• Note Presidential acts are almost always non-justiciable !• Is not the thought that non Anglo Indians may not adequately

protect Anglo Indian rights inherent in such provisions ? If so, why not Muslims, Sikhs, Parsis… In the present context, why not Muslims ??

“1(b) Whether the Muslims as a group are entitled to affirmative action/social reservations within the constitutional dispensation ?” the present Court has asked itself while framing questions / issues

• Quote from a Supreme Court judgment :

• Reservations for Muslims or sections/groups among them, in no manner militate against secularism, which is a part of the basic structure of the constitution.

• Therefore, reservations for Muslims as such was also envisaged as a constitutionally permissible action : and yet the judgement says it is “extreme…religion-specific…illegal”. How proper is it for a High Court to go against a Supreme Court ruling… ? From where does a high court judge derive power to determine what a supreme court judge meant by which expression ??

social backwardness ~ poverty nexus

• Social backwardness is in the ultimate analysis the result of poverty, to a very large extent.

• • The classes of citizens who are deplorably poor

automatically become socially backward. They do not enjoy a status in society and have, therefore, to be content to take a backward seat. It is true that social backwardness which results from poverty is likely to be aggravated by considerations of caste to which the poor citizens may belong, but that only shows the relevance of both caste and poverty in determining the backwardness of citizens.”

stand that quote : Muslims may be educationally backward but they cannot be termed “socially backward” and expression socially

backward can only apply to SCs and STs … : unquote how valid is the contention ?

• In Chapter-VI of the report, one of the questions framed by the Commission was, “What shall be the criteria for including any class of citizens as backward class.” Then refer… various judgments of the Apex Court and this Court. In pages 32 to 35, it summed up its discussion as under;

• “To sum up, the following are the general broad principles indicated by the High Court and Supreme Court for ascertaining social and educational backwardness. The backwardness must be both social and educational. It is not either social or educational.”

• But the SC had said “The classes of citizens who are deplorably poor automatically become socially backward.” (slide earlier) And as far as educational backwardness is concerned, the State’s figures for higher education speak for themselves.

The faulting of the criteria : unable to say itself what the criteria ought to be, the court leaves it to the BCC. Then it proceeds to decide relevance, adequacy, etc., and ends up calling exercise

perverse, irrelevant, inadequate, illegal, religion-specific, baseless, etc.

• “evolving a proper criteria for determining which classes are socially backward, is obviously a very difficult task.” “Indeed there is no such thing as a standard or model procedure / approach. It is for the authority (appointed to identify) to adopt such approach and procedure as it thinks appropriate, and so long as the approach adopted by it is fair and adequate, the Court has no say in the matter.”

• “The formal institutions designed by humankind are as viable as the maturity of its adherents. We need say no more.”

• Could this apply to the institution of the judiciary ?!

I beg your pardon !!• • Whether the failure of the Commission, to recognize the Muslim

collective in the State as a heterogeneous social class; the failure to exclude those insular classes of Muslims already recognized and established as Backward Classes while computing the population of the Muslims community; the failure to collect data on social, educational and economic aspects in relation to only the remnant population of the Muslim collective; the failure to formulate criteria of social backwardness, to identify the existence of any of further classes/groups in the remnant Muslim population (in the context of insular classes of social backwardness) and the failure to apply such relevant evolved criteria to the appropriate data and to reach rational conclusions, renders the exercise by the Commission and its consequent conclusions and recommendations irrational, perverse and invalid?; and (ii) Whether the provisions of the Ordinance based exclusively on an invalid and unsustainable report of the Commission, are invalid?

• How rational, valid and sustainable is the very framing of such a loaded question where the predisposition is so manifest ? Which judicial mind would frame an issue which establishes a priori what the judicial mind is to set out to determine ??

…what the SC said… and what our HC asks…

• For example it may take up the Muslim community (After excluding those sections, castes and groups, if any, who have already been considered) and find out whether it can be characterized as a backward class in the State or region, as the case maybe

• Whether the categorization of “Muslims” as Backward Classes is in substance and operation clearly and exclusively a religion specific Governmental reservations programme and the label of Backward Classes is only a camouflage to shield a clearly unconstitutional State action?

• Courts may disagree with actions, but can they refer to exercises which a higher Court deems proper as “religion specific” and “unconstitutional” ? What was the thought in the judicial mind ?

“Never in the history of our Republic has membership of a Backward Class been so enticing, so easy or so inviting” says our Court : anyone can convert to acquire backward status !!

• Islam has no tradition, entrenched or in contemporary practice, prohibiting proselytization or conversion. Adventitious opportunities and advantages … inherent in a reservation programme, …, provide a powerful incentive to conversion … By the Ordinance, professing the faith of Islam better enables educational and public employment opportunities. Any person professing faith in Islam (according to the definition), is a Muslim …is also a Backward Class…automatically … entitled to partake of the educational and public employment opportunities and benefits, in an entrenched and specially carved out quota of reservation …”. Any member indisputably belonging to a forward class amongst Hindus or belonging to any other race, caste, descent or religion would become backward by the mere expedient of “professing the faith of Islam”

• But the Court ignores that (quote) : It is impermissible to acquire the status of a Backward Class either by marriage, conversion or adoption --- Valsamma Paul Vs. Cochin University AIR 1976 SC 1011

• Was the court unaware of what the Supreme Court had said when it held as it did, or was the fact that the affirmative action in favour of Muslims the cause ?

…and time marches on…• 334. Reservation of seats and special representation to cease

after [1][fifty years] - Notwithstanding anything in the foregoing provisions of this Part, the provisions of this Constitution relating to-

• (a) the reservation of seats for the Scheduled Castes and the Scheduled Tribes in the House of the People and in the Legislative Assemblies of the States; and

• (b) the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination,

• shall cease to have effect on the expiration of a period of [2][fifty years] from the commencement of the Constitution:

• [1] Substituted by the Constitution (Sixty-second Amendment) Act, 1989, section 2, for “forty years” (w.e.f 25-1-1990).

• [2] Substituted by the Constitution (Sixty-second Amendment) Act, 1989, section 2, for “forty years” (w.e.f 25-1-1990).

…what the Court said…• The Ordinance imposes illegitimate, discriminatory and

grossly burdensome impact on citizens, on those belonging to the existing notified Backward Classes and on those who are not members of backward classes, as well. The inference is therefore compelling that the entirety of the State action manifested in the provisions of the Ordinance, is a crude camouflage to shield what is clearly a naked and exclusively religion based programme of reservation in educational institutions and public employment. The declaration of Muslims as backward classes … is only on the basis of religion and discriminates against and negatively impacts members belonging to other religious persuasions only on the basis of religion. It is a religion exclusive classification. The provisions of the Ordinance, thus clearly transgress the prohibitions implicit in Art.14 and explicit in Art.15 (1) and 16 (2).

Reservations… shall they continue… exclusively… for those… who are… not Muslims… ??

• If there is a negative impact on others from reservation favouring Muslims, has there been none on Muslims over the last half century and more of reservations ?

• Are reservation for SCs/STs who cannot be other than Hindu religion-specific and unconstitutional ?

• Does a community which does not subscribe to abolished caste system thereby disentitle itself from affirmative action benefits ?

• Do the basic premises prevailing at the dawn of constitutional history hold valid now or do they require restatement in the context of present-day socio-political realities ?

• If Muslims could not in 1940 be thought of as backward, does the basis of that view still hold good to require retention of archaic definitions of terms and blind judicial minds to changing demographic truths and deprivation of real equality or a “level playing field” for Muslims ? Where does judicial activism stop ?

…reservation …backwardness …criteria

we the people…

social contract theory of nations

• The constitutional provisions constitute a contract between peoples

• If that contract is breached, its basis evaporates

• Therefore the original must be adhered to

• Any other view would facilitate a fraud upon a people

obliterate all muslim names, all urdu words…

hussain sagar… no, ntr garden… lumbini park… pvr ghat… ntr ghat… buddha statue… jala vihaar… chiraan palace… no, kasu brahmananda reddy national park… banjara garden… no, jalagam vengala rao park… moazam jahi market… no, vinayak chowk… fateh maidan stadium… no, lal bahadur shastry stadium

Witness : Constable Syed Shujath Ali


• 100 feet distance between crowd and police at pump when firing took place

• Impossible to kill policemen or burn pump from that distance

• No iron rods with crowd

• Police version of self defense falsified

• Firing at retreating crowd established

• Absence of necessity to fire established

• Falsehood of “iron rods” details of “attack by crowd” established as police improvisation

Witness : Commissioner Balwinder Singh


Jehad is holy war and war is always violent

Unaware if Mecca Masjid even has a madrasa at all

No contingency plan despite IB alerts – mentions Friday bandobast drill is a “contingency plan”

Does not want to state contents of memos to and from DGP

Unaware of even meaning of crucial terms

Unaware of essential details required to police area effectively

Disabled from effective functioning – can at best react to situation rather that respond with an agenda of his own

Is he hiding embarrassing truths ??

Witness : Inspector Kishtiah


Unaware of firing ten feet behind him

Unaware what other officers were doing

Zero co-ordination

Pretence at lack of knowledge shows he’s giving false evidence – he must be prosecuted

Un-coordinated action a cause of chaotic mishandling

Witness : Addl DIG Sandeep Shandilya


• Incident of eleven months earlier cited – MIM meeting

• Incident of six months earlier – MIM meeting

• Policemen abused in both meetings

• Terms of reference is re reasons for police firing on 18-05-2007 – since the only other para of his affidavit deals with 19-05-2007, his first two paras must be what according to him were reasons for the firing

• Vengeance against Muslims for alleged abuse in MIM meeting seems to be working in minds of policemen

• Shows his biased thinking and unwillingness to even address the needs his evidence is expected to serve

“incentives” to constructive personsrecall Addl DIG Shandilya’s “incentives” ?

watch the first incentive the police gives

to encourage helpful Muslims

are these people attacking police or helping an injured person to safety ?

“anyone who helps them will also get it”if the guy didn’t learn in school,

tell his mother its his fault

get what you deservehow dare one help a muslim ? we’ll teach him what a “trained, armed,

secular, professional police force” can do ! and make sure we let the next batch of helpful idiots know whom they should not help

term : “identify persons responsible for firing” : what is this Commission’s duty ?get out of the way : this is our genocide… our brand of terror !!

when its over, its overthen citizens will take over – the “well trained, well armed,

secular, professional police force” need not bother – they’ve done their job ! now… enter the mourners…

what is this Commission’s duty ?

Witness : Ramachandra Reddy


Photos Exhibits 46-48 are of pump after events ended

His affidavit is a replica of those of Anantha Reddy and Sudhakar

He still says he dictated the affidavit and does not know how Sudhakar’s affidavit content is the same

Establishes version of arson and murder attempt to be pure fabrication by police

They conspired together to mislead inquiry and are all equally guilty of fabrication of false evidence

If they are not blessed with telepathy then they are liars

Since Inspector Sudhakar has admitted absence of telepathy, their liar status alone remains – should they not be behind bars ?

Witness : Dr Hari Babu


Ricocheting bullets of .303 off stone walls can cause fatalities

Firing distance could have been 100 feet

Caliber not even looked into

Lives of injured could have been saved

Reddanna’s act of ordering and constable’s act of firing into Mecca Masjid was extremely dangerous + irresponsible putting lives including of children in danger

There was no danger to lives of police or threat to petrol pump – a story of fabricated evidence

PMEs were done casually

Dereliction of duty in not doing anything to save lives – why ?

Witness : Dr Narayan ReddyStatements Facts Those Establish

Has his own agenda : assumes more than is being asked.Instead of answering questions as to facts noticed by him, he is more keen to put what he wants to show off as his knowledge on recordSpeaks about pistols and shot, till stopped short. Does not look into caliber. Swallows blast version and looks no further.Why ? Is he a police “expert”?!

Follows police stand, works on premise same correctInvestigation is slanted, not objective, eliminates inquiry into injury source being other than blast, and shields policeHe did not come to say what truths he noticed – he came to say what he believed and ensure his alleged PMEs record was not found fault withKnows little about weapons or that pistols don’t fire buckshotManifests inclination to give evidence to suit a certain stand

Witness : ACP Reddanna


Scene of offence secured, un-tampered – claims he says so because officer in charge was “responsible officer”

Unable to give identity of alleged “responsible” officer in charge

Exaggerates : “war like situation” etc

Does not recognize himself as officer giving order to fire into Mosque (Limba Reddy identified him positively, and there was no re-examination questioning the identification)

Shows he’s either unaware hence incompetent, or lying hence unreliable, since scene he describes is actually a tampered and manipulated scene

He makes a report that constitutes fabrication of false evidence and must be prosecuted for the offence

He tries to evade admitting his role, and lies to Commission – he’s guilty of perjury and must be prosecuted

acp redanna secures the scene of offence

nozzles in place – no fire – mysterious allegedly responsible officer – acp says identity forgotten !!

acp redanna secures the scene of offence

acp redanna secures the scene of offence… and grass and nozzles are notable features

acp redanna secures the scene of offence… and again nozzles are a notable feature

what is “fabrication of false evidence” ? this Commission’s duty ?what can we Muslims legitimately expect from this Commission ?

watch movement of each pump employee… sequence directed by whom, mr acp ?

“fabrication of false evidence” scene 1 : late evening twilight

stills from videos – check them out


is someone fabricating evidence to justify the police murders ? who ??


system on trial, inclusive


they fabricate evidence, concoct justification for the firing…


amazing … nothing burnt … yet

“fabrication of false evidence” : scene 6 : midday 19th !

any scientific minds here ? anyone tell us…how much heat… distorts metal ?!

“fabrication of false evidence” : scene 7 : midday 19th !

would the Hon’bleCommission test anozzle, petrol andgrass to see whatthe result is like ?

petrol pump cabin… destroyed ?

…convenient grass…

…nozzles… grass… no fire…

check them out

…nozzles…grass…no burnt grass …yet

check them out

check it out

…who reversed this scene… ?

“…anna… saath ho gaye…”

who is this man ??

surely this personcan identify him ??

slide 172

Creating THE NEW ORDERHindustaan Hamaara (a People’s Initiative)

• India is ours too; a political presence a must, this is our initiative : H H P I

• c-h-a-m-p-s… inclusive of all• HH people of various faiths acting

together to ensure Constitutional safeguards secured interventional legal process political activism of representatives of all

the last word in secularism

…to be secular alone can entitle one

to be called a nationalist Indian ~to be anti-secular is to be against our

constitution, anti-nationalis our police secular ? then who are

the real anti-nationals today ?

convergence to secure representation of various views

Directive Principles of State Policy

• 37. Application of the principles contained in this Part.-• The provisions contained in this Part shall not be enforceable by

any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

• While I cannot file proceeding for enforcement, these provisions are by the Constitution declared nevertheless fundamental in governance : fundamental pillars of governance cannot be enforced BUT action founded on them CAN be STRUCK DOWN !! Does this not need reconsideration ? What ought to be the role of the judiciary in this conflict between what ought to be and what is, when attempted, immediately assailed as being “extreme…religion-specific…illegal” ?

Art.38. The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which

justice, social, economic and political, shall inform all the institutions of the national life.

Art.51. The State shall endeavour to-

(a) promote international peace and security;(b) maintain just and honourable relations between nations;(c) foster respect for international law and treaty obligations in

the dealings of organised people with one another; and… … …

International Convention on Civil & Political RightsInternational Convention on Protection of Rights of MinoritiesProhibition of cultural genocide…Prohibition of ethnic and other genocide…Promotion of rights of minorities by affirmative action(The SC – V R Krishna Iyer, J - has held that these must be

implemented.)

U.P. Financial Corpn. v. Gem Cap (India) (P) Ltd.AIR 1993 SC 1435 = (1993) 2 SCC 299

(2 MB) ~~ Kuldip Singh, J. B.P. Jeevan Reddy J.

• ... the obligation to act fairly on the part of the administrative authorities was evolved to ensure the rule of law and to prevent failure of justice. ....

• In the matter of administrative action, more than one choice is available to the administrative authorities; they have a certain amount of discretion available to them. They have ‘a right to choose between more than one possible course of action upon which there is room for reasonable people to hold differing opinions as to which is to be preferred’. The court cannot substitute its judgment for the judgment of administrative authorities in such cases. Only when the action of the Administrative authority is so unfair or unreasonable that no reasonable person would have taken that action, can the court intervene.

• This is not a Court. It is a fact finding Commission. And the evidence stares it in the face. What is its duty now ? What irrefutable conclusions does mandated evidence lead it to ? What will the Commission recommend, where evidence establishes there has been murder by the State’s officials, by firing into a mosque, firing into fleeing people, fabricating evidence, lying on oath, pretending inability to identify their fellow officers and obstructing the Commission’s attempt to ascertain the facts ? What punishment will it recommend for people who are instrumental in driving a wedge between the State and the Muslim population, trying to create disaffection among people, threatening the integrity of the nation ? Are these not the real traitors of India ? What will the Commission recommend, so the Muslims’ faith in the State is salvaged ?

secular is nationalist ~ anti-secular is anti-national

non-secular aggressors : why insulatedminorities : who will be ? are you next ?

fight fire… before it gets to your doorfractured society dies : survival at stake

held together or … hold together ?USSR… fiscal judicial colonization... ?!

Its recommendations ?

http://images.google.co.in/imgres?imgurl=http://www.hinduonnet.com/fline/fl2418/images/20070921502102902.jpg&imgrefurl=http://www.hinduonnet.com/fline/fl2418/stories/20070921502102900.htm&h=350&w=290&sz=30&hl=en&start=26&um=1&tbnid=_-KBEZT1f_-U-M:&tbnh=120&tbnw=99&prev=/images%3Fq%3Dparamilitary%2Bforces%2Bbabri%2Bmasjid%2Bdemolition%26start%3D20%26ndsp%3D20%26um%3D1%26hl%3Den%26rlz%3D1T4GZFA_en-GBIN264IN266%26sa%3DN

Allah hu Akbar !when does exercise of alleged duty convert to culpable homicide ? if a person who calls out Allah hu Akbar is a militant, a terrorist, what is an armed policeman who kills fleeing people and derives pleasure from his crime ? what is the penalty for murder ? does wearing a uniform exempt ... murderers ? constitutional assurance of freedom to practice religion : dead ?? anti- secular, anti constitutional, uniformed terrorists encouraged ?? when a senior police officer says he concluded people were militants only because they were shouting “Allah hu Akbar”, what message do we Muslims get ? what is the State’s duty as the employer of these officers ?

…jehad…jehadi literature…this !

action against indiscriminate misuse of terms like those above – accountability of media – irresponsible political posturing and statements – judicial insensitivity – deliberate attempts to stifle response – political snubs to and sabotage of efforts of those who tried to salvage the situation

in the face of such evidence, what is… this Hon’ble Commission’s duty ?

What can be the Commission’s findings ?

~ procedure to be adopted ~

Police firing argts 28052008

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