People's tribunal report on mangalore (executive summary)

1. Listening Post
(An initiative of the Indian Social Institute-Bangalore, Association for Protection of Civil
Rights-Karnataka and the Samvidhanadha Haadiyalli)
Report of the Observations of the People’s Tribunal on the Police firings in Mangalore
on 19th December 2019
6th - 7th January 2020
Executive Summary
The People’s Tribunal is a civil society initiative that was organised by the Listening Post,
Bangalore to report on the December 19th Police firings in Mangalore. The People’s Tribunal
was comprised of Justice (Retd.) V. Gopala Gowda, Mr. B T Venkatesh and Sugata
Srinivasaraju. The Tribunal was tasked with conducting public hearings to hear from all the
persons affected by the Police firing on 19th
December, 2019 at Mangalore and to report on
the observations made by it.
Key Observations:
Imposition of prohibitory orders under s. 144 of the CrPC: Upon statements made before
the Tribunal, it is observed that imposition of prohibitory orders under section 144 of Code of
Criminal Procedure were unwarranted. There was no such situation in Mangalore that
required imposition of orders under section 144 of the CrPC. It is pertinent to note that none
of the ingredients that warrant an imposition of prohibitory orders under section 144 of the
CrPC were present.
Communication of the prohibitory orders passed under section 144 of CrPC: While the
Commissioner of Police of Mangalore, Dr. P.S. Harsha, imposed prohibitory orders under
Section 144 of the CrPC on the evening of 18th December 2019, the order was not effectively
communicated to the residents of the area. After the imposition of the prohibitory orders
under section 144 CrPC, permission that was earlier granted was subsequently
revoked/cancelled but the same was not effectively communicated.
Indiscriminate lathicharge and firing:
As a result of a complete breakdown of communication, civilians who had no connection
with the protest were subjected to indiscriminate lathicharge and Police firing. The
testimonies of the victims presented before the Tribunal display a complete abdication of
responsibility by Police personnel present at the site of violence.
Non-compliance with the Karnataka Police Manual:
The actions of the Police personnel present on 19th December seem to contravene significant
limitations on Police powers, as provided for in the Karnataka Police Manual.
One of the main responsibilities of Police officials, as stipulated in Chapter 1 (Code of
Conduct of the Karnataka State Police Force) is to uphold the rights of citizens in accordance

2. with the Constitution of India. As a result, the Police officials must “respect the limitations of
their power and functions”.
Communal slurs and abusive statements by Police officials:
Apart from failing to issue warnings to the public before the lathicharge and Police firing
commenced, victims and other eyewitness have alleged that the Police authorities present in
the area used communal slurs and used deplorable language in order to provoke the
protestors. The statements of Mr. Ashraf, Former Mayor, and Mr. Afnan detail the use of
communal slurs and abusive language by Police authorities who were tasked with
maintaining law and order
Alleged attack on the M.M. Kini Rifle shop and Bander Police Station:
One of the main reasons cited by Mangalore City Police to justify the use of extreme force
against civilians was the supposedly “grave” damage caused to the M.M Kini Rifle Shop and
attempts to storm Bander Police Station by members of the public. This has also been
mentioned in some of the FIRs filed. However, CCTV footage regarding either of these
events has not been furnished by the Police authorities despite repeated requests by the
families of the victims.
Loss of livelihood of the victims and compensation:
Victims have suffered immense financial hardship as a result of the atrocities committed on
19th December, 2019. Given the allegations of communalism against the Police authorities in
question and the palpably disproportionate use of force by Police personnel, it is clear that the
State and the officials in question are jointly and severally liable for such transgressions.
Deliberate use of force against journalists:
It is clear from statements by journalists present at the scene of the violence that force was
deliberately administered against journalists even after they identified themselves to the
Police officials. This represents a mala fide use of the coercive power of the state to
intimidate the press.
Use of teargas shells within hospital premises
Hospital administrators from Highland Hospital have stated that tear gas was used within the
hospital premises. From the footage available, it is not discernable why the Police authorities
entered the hospital premises and proceeded to use tear gas. No reasons have been suggested
by Police authorities to justify such an excessive use of force.
Gross violations of human rights norms:
Article 2 of The Code of Conduct for Law Enforcement Officials states that law enforcement
officials must respect human rights norms and uphold human dignity at all times. Such words
ring hollow in the context of the events of 19th December and the manner in which extreme
force was used against civilians. Proportionality is an important aspect of the use of force in
the context of policing unlawful assemblies. In regards to the maintenance of the rule of law,

3. it is imperative that extra-judicial killings are thoroughly investigated. The Supreme Court in
the case of People’s Union for Civil Liberties v. State of Maharashtra & Ors has laid down
important guidelines to ensure independent investigation of such killings.
Conclusion:
From the statements it is observed that greater harm was caused to civilians and innocent
persons who had nothing to do with the protests, if any. Their livelihood has been severely
affected. More specifically, two lives have been lost. The children of Jaleel are rendered
without care of a very loving and caring father. In Nausheen, the mother lost a son. A son
who was simple and a worker eking out a livelihood by small work. The families of victims
have been badly affected. They need to be protected and adequately compensated.
It is observed from the statements made before the People’s Tribunal that the entire incident
requires to be probed by constituting a Judicial Commission of Inquiry that would give
greater opportunity and give confidence to the public and to the Police and would help in
arriving at the truth of the incident.