PUCL Bulletin, Oct. 2000
Report
of Alleged Encounter
in Sahi Minapur
28 July 2000
1) A complaint was received by PUCL, Bihar alleging killing of three young persons
in a false encounter at Sahi Minapur village by Aurai Police of Muzaffarpur
District. The complaint with all relevant papers was received by the PUCL, Muzaffarpur
on 7th May for investigation/enquiry into the matter. PUCL Muzaffarpur also
received several requests from local people.
2) PUCL, Muzaffarpur in its meeting of 17th May constituted a team to enquire
and find out the truth. The team consisted of the following persons:-
1. Surendra Kumar, General Secretary, PUCL, Muzaffarpur
2. Dr. Vikas Narayan Upadhyaya, Vice-President, PUCL, Muzaffarpur
3. Dr. Anil Arun, Member, Executive Committee, PUCL, Muzaffarpur
3) The team went through available papers and reporting of newspapers regarding
the said incident. Then the team visited the place of occurrence on 25th May
2000 and held discussions with independent and unattached men of the area. The
team, then meet those persons at Sahi Minaur who were affected by the action
of the police. The team also visited the place of occurrence (maize field in
Balasath village) mentioned in the FIR of the police. The team met some independent
persons they are also. After that the team meet police officials present at
Aurai Police Station to know their side. The team had talks with independent
individuals including some shopkeepers at Aurai to find out the truth about
the incident.
4) Shri Uday Kumar, officer in Aurai Police Station file FIR No. 034/2000 in
Aurai Police Station on 14th April 2000. An approximate translation of the FIR
is as follows:-
I got confidential
information from reliable sources at 9 A.M. on 14th April 2000 that a number
of Criminals from outside have assembled at the house of a noted Criminals and
absconder, Satyendra Sahi alias Guddu Sahi at Sahi Minapur village. They are
planning to commit docoity. I constituted a raid party under my leadership.
The raid party consisted of three ASI, one Hawaldar and nine Constables. The
raid party started for Sahi Minapur on a government jeep No. BR 06C-1867. We
are reached Sahi Minaput at 11 AM we saw two motorcycles and 6 or 76 persons
standing in front of the house of the Satyendra Sahi alias Guddu Sahi. All of
them began to flee in north direction towards chaur after they saw the police.
I ordered them to halt and began to chase them they (criminals) started firing
on police party with their arms. I ordered them not to fire but to surrender.
Then, I asked each one from the police t5o fire one round. After these, all
the criminals enter into maize field to hide themselves. They continued firing
from the field. I ordered the police party to take line position and fire. The
firing from the maize field stopped after sometime we began combing operation
to search for the criminals after surrounding the maize field three criminals
were found dead lying withing circumference of ten feet/ inches. The local chowkidar,
Sonfi Paswan, identify one of them Satyendra Sahi alias Guddu Sahi. We had one
9 MM pistol in his right hand. A loaded country made revolver was found in possession
of the second criminal. A driving license with photograph was recovered from
his pocket. He was identified as Sunitl Kumar Thakur, Vill. Bakhara, P.S. Motipur,
Dist. Muzaffarpur. The third Criminal had a country made revolver in his hand.
He could not be identified. After inspection, I found that in total 37 rounds
were fired by the police. Out of fear no one among the villagers were ready
to become a witness. I prepared a seizure list in the presence of Sonfi Paswan,
Chowkidar and Lakshman Singh, Hawaldar that indicates recovery of pistols and
cartridges. They put their signatures on the seizure list. The dead bodies were
taken out from maize field and kept in the wheat field. There after, the bodies
were loaded in the police jeep. We came to the road and made a seizure list
of the two motor-cycles left by the Criminals. After returning to the Police
Station, the FIR was registered.
5) The enquiry team of PUCL reached Sahi Minapur at 1 P.M. on 25th May, 2000.
The team took an account of the incident from villagers having independent views.
They told us that the police came to the village in two jeeps at 11 a.m.; one
of the jeeps was a police jeep and other one was a private closed jeep. Both
the jeeps stopped about 100'-150' before the house of Satyendra Sahi alias Guddu
Sahi, Sunil Kumar Thakur and Manoj were standing in front of Satyendra Sahi's
house at that time. The police arrested them at once, but Satyendra Sahi alias
Guddu Sahi who was standing at a distance of few yards began to flee in the
north direction. Sunil and Manoj were left there under custody. The office incharge
with some policemen began to search the house of some of the villagers. They
further blamed that the searches were without any search warrant; members present
in the families including the ladies were treated roughly by the search party.
They used even filthy language. The police officials were selective in searching
houses because they (police) used to search these houses frequently in the past
without any search warrant. The police had doubt that they gave shelter to the
noted Criminals like Sanjay Sahi and Satyendra Sahi alias Guddu Sahi. The police
had doubt about the use of telephone in one of houses by Criminals. After completing
searches, the police in two jeeps went in different direction. Sunil and Manoj
were taken away in the jeep going in the north direction. Another jeep went
in south direction. The villagers heard the sound of firing of eight to ten
rounds soon after the firing at 12 P.M. The second jeep, which had gone in south
direction returned to north. The two jeeps went out of the village at about
12.15 p.m. According two our information Satyendra Sahi alias Guddu Sahi was
successful in running away to very far towards north. Looking back, when he
did not see any policemen chasing him, he was returning back to the village.
In the mean time the police going in north side was able to locate Satyendra
Sahi alias Guddu Sahi and took him in custody. The police took him to maize
field on the outskirts of the village and shot him. The maize field is in the
Balasath village. The villagers told us that Guddu Sahi was of Criminal antecedents
but the other two were never known to be associated in with any criminal activities.
6) The enquiry team met the villagers affected by the police action. The team
visited their houses and were given the following information:-
a) Shri Ram Pravesh
Sahi alias Om Prakash Sahi age 50 years, a primary school teacher posted in
Katra Block told that he was at Aurai (6-7 km. from Sahi Minapur) at the residence
of the local legislature. He had gone their to meet the MLA Uday Kumar, officer
Incharge, Aurai was at the other end. He objected t5o his presence in the house.
The officer in charge threatened him and accused him that he gave shelter to
Criminals and that the Criminals often used his telephone. The officer in charge
i9nformed him that a search was being carried on in his house. He threatened
to kill him. As it was not proper and safe for him to return home under circumstances,
Shri Ram Pravesh Sahi decided to stay therefore sometime. After some time, he
heard the sound 10-15 rounds of firing in and around the police station. He
come to know that three youths arrested at Sahi Minapur and brought to Aurai
were shot dead.
b) Shri Chandra Sahi, age 55 years is a farmer. He was in field when the police
came. He heard some sort of noise. He was returning back to his home at 11/11.15
A.M. He saw Satyendra Sahi alias Guddu Sahi running away towards the north of
the village. He saw two jeeps on road near his house. Sunil and Manoj were sitting
on road in custody. He saw a number of policemen enter forcibly into the houses
in the neighborhood. They were creating havoc in the name of a search. The police
entered into his house without any search warrant. Shri Uday Kumar, officer
in charge, Aurai P.S., ransacked his "Kul Devata" (family deity) with
his boot. The police terrorized him leveling false allegations about giving
shelter to two criminals namely, Sanjaya Sahi and Guddu Sahi. The police took
Sunil and Manoj in a jeep later in his presence.
c) Amrit Lal Sah, age 80 years is a shopkeeper. His shop is located at a distance
of 100.125 feet from the house of Satyendra Sahi alias Guddu Sahi on the other
side of the road. He was in his shop when the police came into two jeeps. Sunil
and Manoj were caught by the police in his presence. But Guddu Sahi run away
towards north. The policed asked him about the where abouts of Sanjay Sahi and
Guddu Sahi. He flatly refused having any knowledge about them. He told the police
that it were the police personnel who off and on visit the house of Guddu Sahi
and socialize with him.
Hearing that, Mr. Rehman ASI, gave a severe below on his knee with his boot.
He fell down. The police ran sacked his house during the search Sunil and Manoj
were taken in custody and taken away in a jeep before his eyes at 12 PM.
d) Surendra Sahi, age 55 years is a teacher. He is the father of deceased Satyendra
Sahi alias Guddu Sahi. He told us that Sunil and Manoj were going back after
taking meal in his house. The police reached at that moment. They were taken
into custody by the order of the officer in charge. Sunil and Manoj were sitting
under custody on the road near his house. The police went away with Guddu Sahi
in a jeep in the village. The jeep came back after fifteen to twenty minutes.
After that Sunil and Manoj were taken in another jeep. Two jeeps went into the
north direction of the village. He also followed the jeep out of fear. He heard
eight to ten rounds of firing after ten minutes. The jeep returned he went to
the place of occurrence. The splash of blood was found in the way. The blood
was spread over an area of 12" or 15" in the maize field. The villagers
working around the maize field told him that the police took Guddu Sahi alias
Satyendra Sahi to the maize field. Soon, they heard the firing. The farmers
and workers ran away due to fear. The jeep returned back Shri Surendra Sahi
went to Aurai P. S. by scooter. He came to know about the firing on the campus
of the police station and killing of three youths in a fake encounter. Satyendra
Sahi alias Guddu Sahi was one of them. He had taken that matter to the court.
The police exerting pressure on him to with draw the case.
(7) Place of Occurrence:-
Maize Field in Balasath Village
The members of the enquiry team visited the place of occurrence as described
in the FIR. The place of occurrence is at a distance of about 1 and a half KM
from the house of - Satyendra Sahi alias Guddu Sahi. Out of this 1 KM is open
space. There is a river before the place of occurrence. Balasath is not under
Aurai police station. It is in Nanpur police station of Sitamadhi District.
The harvesting of maize crop is already finished whet crop had been harvested
earlier. The team had talk with three villagers of Balasath. They told the team
that Satyendra Sahi alias Guddu Sahi. Was arrested alive while returning back
to Sahi Minapur. According to them he had criminal antecedents. There are several
houses of fishermen near the river. They declined to say anything. The members
of the team talked to shi Ratneshwar Pd. Sahi an elder and respected resident
at Sahi Minapur. He said that he had seen Guddu Sahi running away to towards
the river empty handed at about 11/11.30. He also confirmed about Guddu Sahi's
Criminal activities. But the other two persons, he said were not of any Criminal
background.
(8) Aurai Police Station:
Aurai is a "Kasba". It is situated by the side of a road. Unday Kumar,
officer in charge was on leave for two days. S. Shamimur Rehman, ASI, had been
on deputation in the by election of Raghopur Assembly Constituency. The two
sections of the police force, which had participat6ed in the raid, had already
left Aurai.
Md. Nazariudin, Ansari, S. I. Was the only official available in the police station to talk to the team.
He was not associated
with the raid party. According to him, Shri Uday Kumar, officer in charge, having
received some confidential information's in the morning of 14th April 2000 had
gone to Sahi Minapur with four officers and nine Jawans. They chased 6 Criminals.
The criminal ran away towards the police of occurrence. Three of them fled to
Balasath and their maining three entere3d into the maize field. There was an
exchange of firing between the criminals (hidden in the maize field) and the
police. Three police were shot dead. Mr. Ansari could not give any satisfactory
reply as to why there was not casualty or a wound on the side of the police.
Mr. Ansari admitted the beating of Armit Sah. He accepted the fact that in practice
the police searched houses without a search warrant. He gave details about pending
criminal cases against Satyendra Sahi alias Guddu Sahi. Those arte given below:
-
1. Laheria, P. S. Case No.-465/98 Sec.- 394, 302
2. Runnisaidpur, Case No. 9/8 Sec.- 302, 120 B, IPC, 27 Arms Act.
3. Kazi Mohammedpur, P. S. case No.- 99/97 Sec.- 299, 402 IPC
4. Aurai P. S. Case No. 109.97 Sec.- 320 (34) IPC, 27 Arms Act
5. Sitamadhi, P. S. Case No. 5/96 Sec 302 (34)
6. Aurai P. S. Case No 51/99 Sec. 302 (24) IPC 27 Arms Act.
7. Riga, P. S. Case No. 93/95 Sec 399, 402 IPC
8. Aurai P. S. Case No. 50.99 Sec.- 341, 323, 504, 353, IPC
But Mr. Ansari did not give any information about any criminal case against
the other two persons. The enquiry team also inspected the police jeep, which
could accommodate eight to ten persons with great difficulty.
The members of enquiry team talked to some independent persons of Aurai including
some shopkeepers. We were told that as soon as the police returned to Aurai,
P. S. roads leading to the police station were sealed. After a few minutes,
the sound of firing was heard from Aurai Police station campus. A shopkeeper
on condition of not being named told the team that Sunil had his secondary education
at Aurai, as such they were known to each other. Sunil asked for water from
him when kept in the jeep near the police station, but the police did not allow
him to go near him.
(9) Analysis of the facts:-
The FIR filed by Shri Uday Kumar S. I. Aurai P. S. Dist.- Muzaffarpur raises
certain questions, which have a bearing on what happened on that day: -
*Does it appear credible that the so-called criminals were plotting commission
of dacoity at 9 AM? In the morning, and that they had assembled there own their
motorcycle in the full view of the people and were standing on the road near
their two motorcycles?
It is to be noted that the police have not claimed that the motorcycles were
either stolen or bore fake numbers.
It is credible that the alleged criminals plotting commission of dacoity would
use their own vehicles, which may lead the police to them if the vehicles were
seized?
It is credible that the alleged criminals numbering only six to eight would
open fire on a fully armed police twice their number and that too in broad day
light an open space?
It is credible that the alleged criminals would prefer to invite certain death
by firing on the armed police instead of going to jail for a short period?
Manoj and Sunil had no criminal record and were not fugitives from the law,
as such they had no reason to fear from the police since they were not engaged
in any criminal activities at the time the police arrived where they standing.
I it credible that the criminals were not hit when exchange of firing was taking
place in an open space? They were hit as soon as they entered into the maize
field. It is to be noted that the place of occurrence is 1.5 km from the point
from which the police had started chasing them or it was in one kilometer an
of open space where the exchange of firing took place. Nobody was injured. All
the policemen and officials fired one round each i.e. 13 round in total from
pistol and rifle before the criminals took shelter in the maize field.
* According to the FIR, filed by the police, police fired 37 round in total
912 round from revolver and 25 round from rifle). 13 rounds were fired when
the criminals were running in an open field.
No one was injured. Police gas itself accepted in the FIR that there were no
blood spot except in the maize field. 24 rounds of bullets were fired when the
criminals had taken shelter in the maize field. It is surprising to note that
24 rounds of bullets were able to have 28 injuries. In other wards, bullets
fired by police in the open space did not any one, but when the criminals entered
into he maize field more injuries were inflicted than the bullets fired. This
can never be true.
* According to the FIR three criminals were found dead side-by-side. The 9 MM
pistol, with 5 live cartridges in the magazine was found in the right hand of
Satyendra Sahi alias Guddu Sahi. A loaded country made revolver was found in
the right hand of Sunil Kumar. The revolver contained misfired bullet. A country
made revolver was also found in the hands of the third criminal. It is all included
in the seizure list prepared before the witnesses.
According to post mortem report 13, 10 & 5 injuries were found on the bodies
respectively of (1) Satyendra Sahi alias Guddu Sahi. (2) Sunil Kumar (3) Unknown
(who was later identified as Manoj).
Is it possible to hold pistols in their hand after such grave injuries?
Were the criminals so foolish and naïve as to remain in a standing position
after entering the maize field instead of lying down on the ground to let the
police bullets pass over their bodies?
All the deceased have injuries caused by fire arms in the upper parts of th3eir
bodies including the face, the chest, the lips, the shoulder, the abdomen. Such
injuries are possible only if they were foolish enough to remain standing to
be easy targets of the police or when they were caught and shot by the police.
Is it credible that in a real encounter between the alleged criminals hiding
in the maize field and the police party attacking from an open space, all the
casualties would be on the side, which is invisible? (I.e. alleged criminals)
and none on the side, which is most vulnerable?
While the three alleged criminals died in the firing, none of the 14 policemen
sustained any injury caused by firearms.
According to the post mortem report, some of the injuries caused by fire arms
on the body of Sunil Kumar were burn injuries which is possible only when one
is fired upon from a distance of 2-3 inches by revolvers, 6-8 inches if fired
upon by a rifle. The burning on the body of Sunil Kumar leads to inescapable
coclusion that he was caught and shot from a closed distance of few inches.
Is it natural for a criminal to carry his driving license when moving from his
place to commit a dacoity?
According to the FIR, the police used only one jeep to carry 14-armed men and
1 driver. Is it possible to accommodate all of them in a jeep?
The place of occurrence is in Balasath village, which is under Nanpur P. S.
of Sitamadhi, district out of the jurisdiction of Aurai Police Station is it
not necessary to inform officials of that police station. It was not done for
obvious reasons.
10) Conclusion
The inquiry team, after studying the FIR, by the police, analyzing of the post
mortem report, talking to the villagers of Sahi Minapur and the shopkeepers
of Aurai bazaar, the police officials of Aurai police station and inspecting
the place of occurrence came to the following conclusion:-
The police raiding party headed by Shri Uday Kumar reached Sahi Minapur at 11
am on 14th April 2000. The aim of the police was to arrest a noted criminal
Sanjay Sahi and his associate Satyendra Sahi alias Guddu Sahi. As soon as police
reached near the shop of Amrit Sah, Satyendra Sahi alias Guddu Sahi., standing
with Sunil and Manoj, on the road near his house, fled in north direction. But
Sunil and Manoj remained standing there. The police arrested them. This has
been confirmed by the statement by Shri Amrit Sah. The police searched the houses
(without any search warrant) of Ram Pravesh Sahi, Shree Chand Sahi, Amrit Sah
and others to arrest Sanjay Sahi. He could not be traced. The police in a jeep
went into the police direction and in the other jeep the remaining policemen
with Sunil and Manoj went to the other direction to find out Sanjay Sahi and
Satyendra Sahi alias Guddu Sahi. The police going in the north direction caught
Satyendra Sahi alias Guddu Sahi near the river. (According to Shri Ratneshwar
Sahi also, Satyendra Sahi was running towards the river with empty hands). He
(Guudu Sahi) was taken to the maize field where he was shot dead by the police.
The police in the second jeep also rushed towards north direction after hearing
the sound of firings. The dead body of Satyendra Sahi alias Guddu Sahi was kept
in the jeep. The two jeeps retuned to Aurai. Inquiry team is confirmed by a
statement of shopkeeper that Sunil was brought alive in Aurai police station
Sunil had asked foe water from this shopkeeper. The police sealed all the roads
leading towards police station. Sunil and Manoj were taken to the back portion
of the police station, where they were shot dead. The presence of Sunil and
Manoj was inconvenient for the police because they could be witnesses in the
murder of Satyendra Sahi alias Guddu Sahi by the police with this in mind; the
police shot dead Manoj and Sunil in Aurai police station campus. The entire
incident was recorded as encounter. There was no encounter. Inquiry team is
clear-cut case of killing by the police in custody. Sunil and Manoj have no
criminal antecedents. Satyendra Sahi alias Guddu Sahi was of criminal background.
But, he was also caught alive.
11) Recommendation
1. All the police officials and the other persons included in the raid party
should be prosecuted for murder.
2. Proper compensation should be given to the family members of the deceased
persons.
July 28, 2000