SC order on Batla encounter will set a dangerous precedent: Jamia teachers

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SC order on Batla encounter will set a dangerous precedent: Jamia teachers

Monday, November 02, 2009 04:29:27 PM, TCN

AIMMM pained by Supreme Court’s rejection of Batla House appeal: All India Muslim Majlis-e Mushawarat (AIMMM) - an umbrella body of Indian Muslim organisations is dismayed by the Supreme Court's decision to reject the plea filed by an NGO seeking enquiry into the Batla House..... Read Full

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New Delhi: Jamia Teachers Solidarity Association (JTSA) has termed as highly unfortunate the judgment of the Supreme Court dismissing the plea for ordering a judicial enquiry into Batla House encounter case.

The SC bench’s “main argument—that, any enquiry would cause “unnecessary harassment of the police” and “adversely affect the morale of the police”—is astoundingly irrelevant to the merit of the case,” JTSA said. “One fails to understand how an enquiry would amount to harassment of the police as hundreds, if not thousands, of enquiries are in progress against the police at any given moment."

Recalling the petitioner’s argument that large sections of society have doubts on the role of the police and the observation of the judges that 'criminals are criminals. Don’t identify them with any section of the society', JTSA asked, "How come the honourable judges have already made up their minds about the accused when they have been not subjected to any trial or fair enquiry—does not labelling them “criminals” in the absence of any enquiry militate against the very basic tenets of law and principles of natural justice?”

The group, which has been campaigning for a judicial probe into the September 19, 2008 Batla encounter, further said: “This judgment will have momentous implications as it will be ceaselessly cited and applied to a variety of cases where an enquiry against the police is pending or being demanded. In the long run, this judgment could contribute to the subversion of crucial institutions and mechanisms evolved for the safeguarding of democratic rights.”

“How does constituting an enquiry into a widely suspected encounter be regarded as an 'unnecessary harassment'? Does it not imply that flouting of National Human Right Commission (NHRC) guidelines on encounter killings which demands that a magisterial enquiry be held after each encounter killing have received the sanction of the SC?” the group asked.

It went on asking: “Does it mean that enquiry into Ishrat Jahan and Sohrabuddin fake encounter cases should not have been ordered since they would amount to “adversely affecting morale of the police”? Does it mean that enquiry into Ranbir encounter case in Dehradun in which several policemen have been implicated is unnecessary? Had it been so, many of similar potential miscarriages of justice would have never come to light", said JTSA leaders Manisha Sethi (President) and Adeel Mehdi (Gen. Sec.) - both teachers at Jamia Millia Islamia.

They added that such judgment literally amounts to giving the police a license to kill anyone anywhere without fear of ever being questioned.

The group has reiterated its commitment to deepen the struggle for judicial probe into the Batla House ‘encounter’ and against the culture of extra judicial killings.

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