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Police firing argts 28052008
1. 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
2. “facts speak for themselves”
draw your own conclusions
Material supplementing oral submissions
3. 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 ?
4. 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
5. …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
6. 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
38. 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 ?!!
39. the tear gas firing – note smoke cloud
where 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 !!
40. photographers obviously between namazis
and policemen !! no stones in sight !!
there would be photographers in between for this shot !!
41. more tear gas … while cops are … just
standing around – where’s the threat ??
there would be
photographers
in between
for this shot !!
42. safe distance
some stones now visible… cops at a distance – zero threat
There would be photographers in between for this shot !!
43. 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 !
44. guns … and cameras… but no danger !
where are the allegedly pelted stones ?
45. 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 ??
52. “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 ?
53. the police is safe at a distance
“riotous, uncontrolled, militant mob” can be counted !
while the police is absolutely safe at this distance
Who
is this
man ?
54. two types of simultaneous shooting
gun
camera
camera
68. …they must not escape…
“hot pursuit” ! “police manual” ? “woh kya hai re?”
69. 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 ?
70. “rubber” bullets
can anyone find us one, one of
these 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 police
version not
qualify for top
ten fiction of the
year awardrubber bullet ?
one injury of
a rubber bullet
? no !
71. irresponsible criminal order of firing high velocity long range deadly
ammunition into crowd of hundreds, including children in mosque ?
see insets
72.
73. . 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 ?
74. 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 !!
75. “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 only
be them, it makes decision-making a lot easier… FIRE !!
maar maa ke laudaon ku… maar !!
76. 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
77. 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 !!
79. attack : can sometimes be…
a real pleasure…
watch videos : see SLR firing man… enjoying shooting at fleeing people
80. 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…
81. so what if its firing at the back ?
Its
their
back
83. practice… test the ammunition...
never mind targets being few.. kill these, there’s no
political fallout, no question asked… ‘safe shots’
84. 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 ?
85. 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 derives
pleasure 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 ?
86. 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
87. 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 !
88. 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.)
89. Witnesses : ? ? ? ? ? ?
Statements Facts Those Establish
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 ??!
90. Witness : inspector P Sudhakar
FIR 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.
102. 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
103.
104.
105.
106.
107. 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.
108. 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” ?
109. …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.
110. …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.
111. …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.
112. 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.)
113. 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…
114. 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 ??
115. “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 ??
116. 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.”
117. 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.
118. 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 ?!
119. 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 ??
120. …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 ?
121. “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 ?
122. …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).
123. …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).
124. 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 ?
126. 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
127. 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
128.
129.
130.
131.
132.
133.
134.
135.
136.
137.
138.
139.
140.
141.
142.
143.
144.
145.
146.
147.
148. Witness : Constable Syed Shujath Ali
Statements Facts Those Establish
• 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
149. Witness : Commissioner Balwinder Singh
Statements Facts Those Establish
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 ??
150.
151.
152. Witness : Inspector Kishtiah
Statements Facts Those Establish
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
153. Witness : Addl DIG Sandeep Shandilya
Statements Facts Those Establish
• 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
154. “incentives” to constructive persons
recall 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 ?
155. “anyone who helps them will also get it”
if the guy didn’t learn in school,
tell his mother its his fault
156. get what you deserve
how 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 !!
157. when its over, its over
then 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 ?
158. Witness : Ramachandra Reddy
Statements Facts Those Establish
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 ?
159. Witness : Dr Hari Babu
Statements Facts Those Establish
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 ?
160. Witness : Dr Narayan Reddy
Statements 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 record
Speaks 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 correct
Investigation is slanted, not
objective, eliminates inquiry
into injury source being other
than blast, and shields police
He 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 with
Knows little about weapons or
that pistols don’t fire buckshot
Manifests inclination to give
evidence to suit a certain stand
161. Witness : ACP Reddanna
Statements Facts Those Establish
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
162. acp redanna secures the scene of offence
nozzles in place – no fire – mysterious allegedly
responsible officer – acp says identity forgotten !!
164. acp redanna secures the scene of offence…
and grass and nozzles are notable features
165. 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 ?
166. watch movement of each pump
employee… sequence directed by whom,
mr acp ?
“fabrication of false evidence” scene 1 : late evening twilight
167. stills from videos – check them out
“fabrication of false evidence” scene 2 : late evening twilight
168. is someone fabricating evidence to
justify the police murders ? who ??
“fabrication of false evidence” scene 3 : late evening twilight
169. system on trial, inclusive
“fabrication of false evidence” scene 4 : late evening twilight
170. they fabricate evidence, concoct
justification for the firing…
“fabrication of false evidence” scene 5 : late evening twilight
171. amazing … nothing burnt … yet
“fabrication of false evidence” : scene 6 : midday 19th !
172. any scientific minds here ? anyone tell us
…how much heat… distorts metal ?!
“fabrication of false evidence” : scene 7 : midday 19th
!
would the Hon’ble
Commission test a
nozzle, petrol and
grass to see what
the result is like ?
179. “…anna… saath ho gaye…”
who is this man ??
surely this person
can identify him ??
slide 172
180. Creating THE NEW ORDER
Hindustaan 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
181.
182.
183.
184.
185.
186.
187.
188.
189.
190. 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-national
is our police secular ? then who are the
real anti-nationals today ?
193. 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” ?
194. 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 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.)
195. 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 ?
196. secular is nationalist ~ anti-secular is anti-
national
non-secular aggressors : why insulated
minorities : who will be ? are you next ?
fight fire… before it gets to your door
fractured society dies : survival at stake
held together or … hold together ?
USSR… fiscal judicial colonization... ?!
206. 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 ?
207. …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
208. in the face of such evidence, what is
… this Hon’ble Commission’s duty ?
