After his interim report absolved NC leader Sajad Kichloo in December 2013 paving way for his return to Omar Abdullah’s council of ministers, Justice (retd) R C Gandhi who presided over the one-man Commission that probed Kishtwar’s 2013 Eid rioting, indicted the man in his final report 15 months later, Tasavur Mushtaq reports
(File Photo)
In its final report Justice R C Gandhi led Commission probing the August 9, 2013 communal violence in Kishtwar has accused the civil administration, police and the former National Conference minister Sajjad Ahmad Kichloo of gross neglect. Surprisingly the latest findings contradict the commission’s interim report in which it had exonerated them all. Sajjad Ahmad Kichloo who was described as victim in the interim report has this time been named as one of the conspirators.
On basis of the available evidence, the preliminary findings revealed in December 2013: …. no evidence against Mr. Sajjad Ahmed Kichloo, MLA, Ex. MoS for his involvement, at any level, though he was in the town on that day, is found by the Commission during the course of inquiry.” On December 21, 2013 Kichloo was taking oath of office, again.
The final report submitted in March 2015 says: “The Minister of State for Home Sajjad Kichloo …. be subjected to custodial interrogation to unearth the details of alleged conspiracy for their prosecution in the court of law for commission of the offences as co-conspirators & other offences, as detailed herein before.”
The only difference between the two submissions by Justice Gandhi was that earlier Kichloo had resigned and was waiting for getting exonerated to return to his job. Well before the final submission, Kichloo had lost his election and was replaced by a BJP man.
The rioting that broke out soon after the Eid prayers were over had left four persons dead and more than 80 injured. The loss to property was in crores. Kishtwar is one of the few towns in the state that have historically remained literally on a short fuse and communally hyper-sensitive.
Gandhi’s report has built on the statements of various witnesses to prepare detailed cases against some noted personalities of Kishtwar including Sajjad Kichloo. Terming the rioting as “holocaust”, the report has termed it to be the “work” of Abdul Qayoom Mattoo, Imam Farooq Kichloo, Ghulam Nabi Gundana and Omar’s MoS, Sajjad Kichloo”. “It is at their instance and planning that the boys were instigated for burning the shops and Bazaar through a well knit conspiracy”, reads the report. Kichloo incidentally was in-charge minister for home, a position that Omar restored to him after Justice Gandhi’s interim report exonerated him.
“He did not issue instructions to the Police to control the burning and rioting which was in his notice. He did not make any effort to save the Bazaar,” the report indicting Kichloo reads. “…He has stated in his deposition that he was asking the DC to control the situation. To whom he was telling is a question, the DC was with him in the room of the Dak Bungalow & in the house of Abdul Kabir Gilkar throughout. His statement is false to that extent and truth is otherwise.”
Sajjad Kichloo in his affidavit had maintained that he was told ‘there was scuffle between two communities as Motor Bike Rider hit someone in the group of Muslims who were coming towards Eidgah to offer prayers.” His statement is very detailed. “I instructed the Superintendent of Police to go on spot and take immediate remedial measures. He was also instructed to deploy immediately sufficient policemen as were available to control the situation. I also instructed DC to request the local Army to deploy armed personnel to assist the civil administration in controlling the situation..”
As the situation was brought under control, Kichloo according to affidavit again went to Dak Bunglow and “called a joint meeting of all the officers of District administration to review the situation.” On August 11, 2013, he had returned to Jammu to appraise the Cabinet about the whole situation. As cabinet decided to appoint a judicial commission, Kichloo resigned.
But the Gandhi commission report reveals that almost all the civil and police officers were ‘hand in glove’ with Sajjad in carrying out the ‘plan’.
Accusing Deputy Commissioner of not making any effort, and behaving like a ‘layman’, the reports states that he exhibited least interest in maintenance of law and order and by his “willful inaction” proved himself to be “unfit to be a public servant” vis-a-vis to his duties. Framing charges against DC, the report says that “he did not seek co-operation and coordination of the District officers & other relevant institutions in the District before Eid celebration.”
The commission reports that after Eid Namaz, DC went to the Dak Bunglow along with the minister and did not come out from there till the military evacuated him. “It is unheard of in the history of administration that the officer who is in-charge of the district, solely responsible for maintenance of law & order, & the Police of the whole district is at his command, where the city is burning, people are stoning on each other, government buildings are being stoned and burnt, shops, houses & hotels etc. are being burnt, the DC is sitting in the Dak Bungalow for whatsoever reason.”
rom “tangible evidence, factual circumstances and the correspondence”, the report says IGP Jammu’s role is “shady and dubious.” The query raised in report is that “why DIG left the station on August 9, 2013 for inspection of District Rajouri with permission from IGP. The commission shot letter to IGP asking to clear his position, “it may also be clarified that in views of the conjoint reading of Rule 211, 213 and 221 of the Police Manual, you were not competent to grant leave even casual leave and as to how and why you granted leave to the DIG who was a leader of the District to take stock of the situation. The DIG perhaps was aware of things and deliberately chose the escape route to be away from the scene.”
Commenting on the reply from IGP, commission sees it as ‘coining of words’ and states the reply “indicates that it is the IGP alone who has himself assessed and determined the operational requirement of the District. Such conduct & approach of the officer indicates of a joint structure with the conspirators particularly with the Minister.”
Report quoting witnesses mention that Dy SP HQ, Farooq Qaiser Malik instigated boys by saying ‘it is a chance, do whatever you can.’ This is same police officer who was hit in his head by stone.
But the report has acknowledged the efforts of some. The role of SP Sunil Gupta, the report says, was ‘instrumental’ in saving the situation from worsening. This is unlike other officers of the area. Quoting witnesses, the report says that, “had the SP not done so, there would have been more causalities but he saved the situation.”
The Commission has not found the role of CID up to the mark. Even after knowing that there have been appeals for people from separatists to rise and fight for Azadi and the atmosphere was charged and grooming since last two months, the CID was totally oblivious of the situation and what would be the repercussions. The CID could not assess the under current situation which exploded into a holocaust, which raises a finger on the working of their respective units in the field.
“..On appreciation of the evidence and the role played by all concerned officers/officials, the Commission has every reason to believe that arsoning and looting of the property and taking away the life in communal clash has not been a spontaneous eruption,” the report reads. “It is a conspiracy hatched by a few to achieve the desired and designed object by using anti-India, pro-Azadi, processionists & other interested elements to create violence with ulterior motive for taking away the life and burning of the property selectively of a particular community so that their object may be of garnering the political support of a particular community & creating hatred among the communities for consolidation of votes.” These circumstances, the report reads, undoubtedly attribute and give rise to a fact that there was “certainly a conspiracy behind the scene.”
Recommending compensation of Rs15 lakhs be paid to the kins of the slain victims, the Commission also impresses that injured with serious injuries be given Rs 50,000 and those with minor injuries Rs 25,000. Regarding the destruction of infrastructure, the commission recommends to pay claimants as per actual rate and also rent of not less than Rs 1000 till full and final payment is made.
Talking about the education of children of sufferers, commission suggests that children who were studying in some professional institutions or Colleges, Universities, outside Kishtwar, till the compensation is paid to them, the charges of actual fees including lodging & boarding of their children shall be borne and paid by the State. Besides, he has recommended paying actual assessment of the damaged vehicles on basis of the surveyor reports minus insurance.
Justice Gandhi recommends FIR against people who stoned Dak Bungalow and also FIR and departmental inquiry against the constabulary who were on duty in the Bazaar from Dak Bungalow. Besides FIR against Imam, people who attacked bunker and police officials who did not try to save the bunker are in list of recommendations.
The commission recommends installation of CCTV in the Chowgan and at all vital points of the Bazar to keep strict vigil on the activities of the miscreants as time and again such incidents are being repeated in the town. Justice Gandhi has recommended termination of the then DC Mohammad Saleem, IGP Rajesh Kumar, DIG Ashkoor Wani and DYSP Farooq Qaiser be terminated.
For Kichloo along with officials and civilian whom Commission has named, Justice Gandhi wants them to be subjected to custodial interrogation to unearth the details of alleged conspiracy and resultant prosecution as conspirators and co-conspirators. For duty magistrates, the commission recommends departmental enquiry.
Interestingly, however, Justice Gandhi has praised VDCs while asserting “they are doing very good work”. The Commission report reads: “The propaganda against the VDCs was falsely maneuvered and infact the VDCs should be more strengthened.”
