A Brief Report on Recent Fake Encounters in Koraput, Malkangiri Districts of South Odissa

A five-member team of human rights activists and concerned citizens enquired into three recent cases of alleged crossfire between the police and Maoists in the districts of Koraput and Malkangiri in South Odissa. he three alleged encounters resulted in all in the death of !" persons# all stated to be Maoists b$ the police. here were no casualties or in%uries on the side of the police. he fact-finding team visited the villages and surrounding areas of &itiput village in 'unnepada pancha$at of &amtaput block# Koraput district( )hiliba village in *alel pancha$at# also of &amtaput block in Koraput district and Silakota in *apanpalli pancha$at of +odia block in Malkangiri district over two da$s on ,ovember - and !.# /.!0 and spoke to a cross-section of people. he following is a brief report of the findings. A more detailed report will follow in due course. )ontrar$ to the official police and establishment version# all three purported e1changes of fire did not take place. 2t is the fact-finding teams3 view that in all three cases# the police# which consisted of the *order Securit$ 4orce 5*S46# Special Operations 'roup 5SO'6 and 7istrict 8oluntar$ 4orce 57846 personnel# opened unilateral fire on the now deceased resulting in the deaths. 9e will elucidate below each of the three incidents. Killing of An Adivasi farmer at itiput On the night of October /-# 'angadhar Kirsani 5about 0.6# an adivasi farmer of the 'adaba tribe left home at &itiput after dinner along with his relative and close friend Samara )hallan to watch over their ragi fields till morning. heir fields are located close to each other. his was their dail$ routine since about three weeks as it was harvest time and the crop was prone to devastation b$ monke$s# deer and wild boar. he two managed to get hold of a crab in the rivulet enroute their fields which the$ hoped to cook and eat while the$ sta$ed up the night to keep the wild animals at ba$. he$ were also listening to music on their mobile and with the help of a torch were heading to their ragi fields which was less than half a km from the village. 2t was a little past : pm. heir fields were onl$ a furlong awa$ when out of the blue and without an$ warning there was firing from towards the right. he burst hit 'angadhar who was

walking in front. According to Samara who was %ust a few feet behind him# the firing was from a fairl$ short distance. ;e was luck$ to escape the burst because there were some bushes between him and the *S4 men who unleashed the firing. A terrified Samara dropped to the ground and then managed to somehow run back to the village and inform others. *$ the time the villagers rushed to the spot in less than !" minutes# 'angadhar was alive and l$ing at about !" feet where he was initiall$ hit. ;e was in all likelihood dragged or lifted there b$ the *S4 personnel who then left. he villagers picked up 'angadhar and brought him several metres awa$ to the semi-pucca road from where the$ were making efforts to arrange a vehicle to take him to a hospital. ;e was still conscious and moaning sa$ing <2 will not survive# the$ have killed me=. ;is relatives noticed about four bullet in%uries on him one of which had pierced his stomach and e1ited. <;is intestines had come out and there was a lot of blood=# the$ told the fact-finding team. 'angadhar kept asking his aunt 7ohona Kirsani repeatedl$ for water. ;e died soon after even before a vehicle could be brought to take him to a hospital. ;e passed awa$ about >" minutes after being shot. he villagers then informed the local police# in this case the Machkund +S but there was no response from the police. he ne1t morning 5October 0.6# over a hundred villagers from &ittiput as well as several other villages in the area went to the Machkund +S. he$ submitted a written complaint to the 2nspector 2ncharge 522)6 Mr ?outra$ stating that 'angadhar# an innocent farmer with no links at all to the Maoists was killed b$ the *S4. he$ waited till about / pm but the police onl$ kept stalling sa$ing <we will come over soon=. Angr$ villagers then shook up the grills at the police station and even broke a table. he police finall$ went at about " pm and shifted 'angadhar3s bod$ to the district headquarters. A post-mortem was conducted at the Koraput hospital and the bod$ was handed over to 'angadhar3s relatives. ;e was cremated the ne1t da$ on October 0!. 'angadhar# who raised millets and rice in about > acres of land# is survived b$ his wife Malathi and / $oung sons. he villagers told the fact-finding team that the 22) handed over ?s !"#... at Machkund to 'angadhar3s cousin @aggu Kirsani and ?s 0"#... in cash at Koraput

the ne1t da$ before the bod$ was handed over. Several policemen also told themA <a wrong has been committed=. he &amtaput *7O also handed over a cheque of ?s /.#... to 'angadhar3s famil$. 9hile these are the plain facts of the case# the police put out the outlandish version that 'angadhar was killed during a counter-insurgenc$ operation b$ the *S4. he 72' South-9est ?ange S 7ev 7utta Singh stated thatA <Around 0. *S4 men spotted ". to B. Maoists near &itiput around - pm. ,o sooner the Maoists saw the *S4 men# the$ started firing and our men retaliated. he e1change of fire continued for /. minutes. he rebels fired around 0. rounds. 'angadhar was killed in the gun-battle.= he 72' went on to add that whether the deceased was with the Maoists or caught in the cross-fire was under investigation and <if 'angadhar is found to be innocent then he will be compensated as per the prevailing government norms.= he fact-finding team as no hesitation in stating that 'angadhar# an adivasi farmer# was shot dead b$ *S4 personnel on the night of October /- near his village of &ittiput when he was going to keep watch over his fields along with Samara )hallan. here was no e1change of fire with the Maoists as the police claim. his is a clear case of a blatant murder committed b$ the *S4. ;aving opened fire without an$ provocation and killing an unarmed civilian# the police tried to put out the usual falsehood of an e1change of fire with the Maoists to e1plain awa$ a case of murder. he$ cannot simpl$ wash their hands off in this manner. he police cannot manufacture the stor$ of an encounter and then close the case. he law and the )onstitution dictate that in ever$ case of an alleged encounter resulting in death the police personnel who have participated in the said encounter must be charged with the offence of having committed murder and prosecuted. 2n this case# the *S4 personnel who participated in the said <counterinsurgenc$ operation= and opened fire must be charged with appropriate sections of the law and proceeded against. 2t is not up to the 72' or an$ other police or paramilitar$ officer to decide upon the innocence or otherwise of 'angadhar. hat is simpl$ not their brief. 2t is onl$ after registering of a case and proper investigation of the crime that a court will decide upon the matter. !hili"a

On August /> this $ear# the Malkangiri and Koraput police claimed that a dreaded Maoist leader Madhav alias ' ?amulu who carried a ?s > lakh reward was killed in an encounter with securit$ forces the da$ before 5August /06. he police claimed that following a tip-off# a %oint team of the Special Operations 'roup 5SO'6 and police from Malkangiri and Koraput districts were undertaking combing operations in the forest near )hiliba in &amtaput block of Koraput district when the$ came upon a Maoist camp. he police then announced to the ultras that the$ were surrounded and the$ had better surrender but the Maoists fired at them upon which the police retaliated in self-defence. A fierce gun-battle ensued at the end of which ?amulu# a member of the Maoist Andhra-Odisha *order Special Conal )ommittee was killed. he police also stated that four other ultras managed to escape and the$ were on the lookout for them. +utting out this version# the Malkangiri S+ Akhileswar Singh stated that ?amulu was a top ,a1alite who was involved in man$ incidents of murder# e1tortion and landmine blasts. he police version about the death is pure concoction. ?amulu# who was indeed a Maoist underground functionar$# had come alone to )hiliba village# in *alel pancha$at# on August //. ;e spent the night in a farmer3s shed which is used to store grain. he police appear to have had precise information about his whereabouts. owards noon on August /0# two policeman went into the shed and shot him dead. Soon after# the bod$ was taken to Koraput via &amtaput in a van that was earlier parked b$ the police at some distance from the village. he stor$ of a fierce encounter resulting in the death of a top Maoist was then dished out for public consumption. 2t is not our case that ?amulu was uninvolved in violence and killing of civilians and police personnel. ;e ma$ well have been# but that in no wa$ gives the police the right to kill him. he point is that the police did have the option of easil$ taking him into custod$ but the$ did not e1ercise that. he$ chose instead to kill him in a cold-blooded manner. ;aving done so# the$ took recourse to the fiction of <e1change of fire resulting in the death of a dreaded Maoist=. 7uring our fact-finding# we also heard the view from several people including %ournalists reporting from the area# both in Koraput and Malkangiri districts# that ?amulu was seeking to surrender to the government. 9e were told that he was

actuall$ in the process of working out the logistics of giving himself up when he was liquidated b$ the police. Mass Killings of Maoists at Silakota his was b$ far the biggest <encounter= in which !0 persons were gunned down b$ the SO' and 7istrict 8oluntar$ 4orce 57846 in a pre-dawn raid on September !># /.!0. Silakota is a village located deep in the reserve forest range b$ that name. 2t falls in *apanpalli pancha$at of +odia block in Malkangiri village. he area is about !. km from the Sabari river with Sukma district of )hattisgarh on the other side. Maoist armed squad members# said to belong to the Kalimela dalam and numbering about /.# came and set up camp about three furlongs awa$ from Silakota village on the afternoon of September !0. he place the$ chose was in a small clearing in fairl$ thick forest which is ranged on two sides b$ hills. 2t is quite clear that the police had information about their presence and a raid was decided upon. A %oint part$ of the SO' and 784 went on foot to the area in the dead of night. At about > am on September !># the$ surrounded the camp from three sides and without an$ warning whatsoever unleashed fire. hirteen persons who were in all likelihood asleep# died while the others managed to escape be$ond the hills. he bodies of onl$ five of the !0 killed were identified over the ne1t couple of da$s and the$ were cremated in the presence of their families and a magistrate. he other eight were unidentified and unclaimed and the$ were also subsequentl$ buried b$ the Malkangiri administration. 9hile the five identified were said to be members of the Kalimela armed squad and native to Malkangiri district# it is also possible that among the remaining eight# there could be some civilians and even combatants from other districts of Odissa or even from other States like Andhra +radesh or )hattisgarh. 9e are not aware of the local administration making serious attempts to get their identit$ known b$ at least publishing photographs in the media# among other things.

'iven the large number of deaths# the Silakota <encounter= was widel$ publicized in the media. 9hat is e1tremel$ ob%ectionable is the manner in which senior police officials literall$ gloated over the killings. he Malkangiri S+ Akhileswar Singh# who reportedl$ led the team that killed the !0 was quoted in the media as stating thatA < here was no option of asking them to surrender. Dven if 2 had asked them# do $ou think the$ would haveE he$ would have shot back at me and we would have suffered casualties. 2t3s %ungle warfare.= <2t was an operation based on precise information. 9e reached the area b$ foot and took them out. he heav$ downpour helped drown the sound of our movements. Since it was raining# even their sentries had taken shelter in the three tents that the$ had put up.= hese statements reveal an utter lack of respect for the law. An encounter b$ definition means an e1change of fire. he S+3s bluster# in effect# amounts to an admission that there was no such e1change of fire at Silakota. he firing was unilateral and onl$ from the side of the police. 2t was therefore# clearl$# a <fake encounter=. 2n the law# this amounts to murder. he Orissa 7'+ while stating that it was a ma%or success in the police drive against the Maoists statedA < his is a stern warning to the Maoists of other States. he$ will face a similar fate if the$ enter Odissa.= ;e then proceeded to even announce cash rewards to the SO' personnel who had taken part in the killings. hese are highl$ irresponsible statements and actions. !onclusion 2n all the three incidents that we looked into# there was no e1change of fire leading to the deaths of a total of !" people as claimed b$ the police. here was onl$ unilateral and one-sided firing from the side of the police and special forces like the SO' resulting in the deaths. he assertion of the police that the$ were fired upon and the$ had to therefore retaliate in self-defence is nothing but a plain falsehood. Affecting a closure of the matter after making this assertion# and merel$ registering a case under section 0.F of the 2+) 5attempt to murder6 against the now deceased# makes for a complete mocker$ of the law. Dven the mandator$ magisterial enquir$ into these killings b$ the administration is no substitute for criminal prosecution of those who took part in these killings.

9hat is immensel$ worr$ing is the level of militarisation in the Southern region of Odissa. Over the past four $ears# there has been a big ratcheting up of securit$ operations in these parts. he number of *S4 camps in Malkangiri and Koraput districts has gone up and more and more of these personnel are being pumped into the area. his is leading to immense in%ur$ to adivasis resident in the forest and to an unacceptable violation of the right to life and libert$. 2t is not our case that the Maoists do not indulge in violence. he police are indeed endowed with the task of meeting that violence as and when it occurs but the$ must do so in a manner that is totall$ respectful of the law. he$ cannot go around violating the law and indulging in e1tra-%udicial killings and then closing the case after dul$ invoking the convenient concoction of <retaliation in self-defence=. he police are onl$ as lawful or lawless as the government wants them to be. 2t is our considered view that the government# both at the )entre and in Odissa has fashioned a polic$ of seeking to ph$sicall$ wipe out the Maoists. his is born out of a basic understanding that there is nothing to that movement e1cept violence and criminalit$. 2n other words# despite official statements from time to time that the Maoist movement is not merel$ a law and order issue but one having strong socioeconomic components# the attempt at the ground-level has alwa$s been to annihilate it with the help of special forces. his ruthless polic$ must end# not least because it results in e1treme brutalisation of civilian non-combatants. he government must implement comprehensive policies that seriousl$ and sincerel$ address issues of social and economic deprivation in the "th Scheduled areas. #he fact$finding team%s demandsA !. A case of homicide under 0./ 2+) must be booked against all police and special force personnel who participated in the killings at &itiput# )hiliba and the Silakota forest. he investigation into these killings must be handed over to the )*2 or a criminal investigation team under the aegis of the ,ational ;uman ?ights )ommission 5,;?)6. /. 9e urge the Odissa State ;uman ?ights )ommission to take cognizance of the killing of 'angadhar Kirsani of &itiput village and issue appropriate orders. ;is famil$ must be paid a compensation of not less that ?s !. lakh.

he administration must also ensure that his wife Malathi is given a government %ob without further dela$. 0. he government must not ride roughshod over protective legislation meant for adivasis. he hard won rights of the adivasis must be full$ respected and honoured and +DSA# 4?A and other statutes must be implemented in letter and spirit. S$stematic polic$ interventions must be made to ameliorate the material conditions of the adivasis and other traditional forest dwellers in the "th Scheduled areas. he Maoist movement must be viewed as and addressed as a political movement and not as a mere outbreak of criminalit$. 2t must be acknowledged that this movement# though it does emplo$ violence to further its goals# is one that has deep roots in material deprivation# social oppression and lack of freedom.

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". 'overnment must stop its ongoing polic$ to decimate the Maoists militaril$. Serious efforts must be made b$ both the 'overnment and the Maoists to initiate steps that would lead up to an unconditional dialogue.

Members of the fact-finding team: ,ihar 7as of 'anatantrik Adhikar Suraksha Sangatan 5'ASS6# Orissa. 8S Krishna and , Amar of the ;uman ?ights 4orum 5Andhra +radesh6. 7eba ?an%an# writer# social activist and film-maker. 7ebi +rasanna# social activist.