Suhas Palshikar

A crisis of political courage


Suhas Palshikar

Affidavit on Jamia encounter

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On the FIR
The FIR accuses the "militants" of offences under Sections 186 (obstructing the duty of a public servant), 307 (attempt to murder), 332 (voluntarily causing hurt to deter a public servant from his duty), 353 (assault or criminal force to deter public servant from his duty) and Section 34 (common intention) of the IPC. The suspected terrorists have also been accused under Section 25 and 27 of the Arms Act. While Section 186 attracts a punishment of imprisonment up to three months or a maximum fine of Rs 500, Sections 332, 353 attract three and two years of imprisonment, respectively. Section 307 serves the maximum deterrent of imprisonment of 10 years to life. If found guilty under all the Sections, the accused would face punishment under all the Sections concurrently.

Calls operation a 'raid'
According to the affidavit, the Special Cell team had come to L-18 in search of Atif alias Bashir. Intelligence inputs, informers and technical surveillance/ analysis had earlier "revealed" his involvement in the serial blasts. The affidavit says the intention of the police was to "raid" the flat, matters turned ugly when the "occupants" fired at them, forcing them to reciprocate in "self-defence".

Inspector Sharma's role
Contrary to earlier reports, the affidavit does not mention a recce. Inspector Mohan Chand Sharma and his team were right at the main door of flat number 108, L-18, Batla House, from the start of the "raid". The rest were covering from the ground floor. When a knock and a push on the front door, bolted from inside, did not elicit any response, the team gained entry through an "unbolted side door". The firing started immediately. While Sharma and Balwant Singh were caught in the "cross-fire", two of the "militants" escaped "by firing at the police party". There is no mention in the affidavit about the duo's exit route and the waiting posse on the ground floor.

... contd.

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