KKSV Memorandum – Letter to The Superintendent of Police

KKSV Memorandum – Letter to The Superintendent of Police

by: Suresh Bhat( President of Karnataka Komu Souharda Vedike)

 Karnataka Komu Souharda Vedike,

Dakshina Kannada

SamirBuilding,Bibi Alabi Road, Mangalore – 575 001, Ph: 9964071782

________________________________________________________________

Mangalore

January 31, 2012

Memorandum

The Superintendent of Police

Dakshina Kannada District

Sir,

Civil society and especially the members of the Minority communities are shocked to note the presence of the highly controversial Dr. Kalladka Prabhaker Bhat during the inaugural function of the new office building of Mangalore City Police Commissioner on 28thJanuary 2012. And he was seated not among the spectators but in the very front row and in full glare of the TV cameras. Persons occupying the highest positions in the government and the administration were present during this function and the list includes the chief minister and the home minister of the state.

Everyone and more so the police are well aware of the fact that Mr. K.P.Bhat has been making hate speeches prejudicial to national integration and has also been posing open challenges to the police to arrest the guilty(in the Sullia incident). That an FIR has been booked against him under IPC sections 153A and 295A for his extremely vulgar and provocative speech (made recently at Uppinangady in Dakshina Kannada district) is by now widely known not only in Karnataka but almost all over India. Hence you cannot be unaware of the kind of message that his presence at this function has conveyed to the people of the country. The inevitable conclusion is that he was showing off his influence and his defiance of or contempt for the law and order machinery. Isn’t it true that if an ordinary citizen were to make such horrendous remarks from a public platform, he would have been interrupted, suo motu action would have been taken, an FIR would have been registered immediately, the investigation too would have been swift and the person would have been taken into custody within a matter of minutes?

This latest incident has only served to reinforce the widespread belief that there are different sets of rules for different people as far as the twin districts of Dakshina Kannada and Udupi are concerned. The unabated incidents of communal atrocities during the past few years and the inaction on the part of the authorities had almost completely eroded the Minority communities’ faith in the police force. Hence when the police registered an FIR against Mr. K.P.Bhat after his Uppinangady speech, it had rekindled people’s hopes. People hoped that this was the beginning of a return to law and order and inter-communal harmony. But this most disgusting and shameful incident of 28th January has all but dashed those hopes to the ground. People are, once again, having grave doubts whether law will take its due course at all. It is therefore imperative that the police should strive to restore people’s hopes and confidence.

In the interests of justice and lasting peace we demand that due process of law should be set in motion without any further waste of time and

  • A case under IPC section 153B should also be registered against Mr. K.P.Bhat.
  • A thorough investigation of all his previous prejudicial activities and offences should be carried out, by enlisting the help of the Central Bureau of Investigation.
  • A proper charge sheet should be filed.
  • A non-bailable warrant should be issued and he should be produced before the court of law and tried for the various offences.

Yours truly,

for Karnataka Komu Souharda Vedike, D.K.,

RECENT ATTACKS ON CHRISTIANS AT MAINDAGURI – SURATHKAL

RECENT ATTACKS ON CHRISTIANS AT MAINDAGURI – SURATHKAL

31st December 2011

To

The Director General & Inspector General of Police

Karnataka

Nrupathunga Road

Bengaluru 560001

Sir,

SUBJECT: RECENT ATTACKS ON CHRISTIANS AT MAINDAGURI – SURATHKAL

              We refer to the deadly attack with lethal weapons on 12 Christians having Christmas dinner together on 25th night at the house of Adveppa Karishennavar at Maindaguri, Kodikere, Suratkal. A four-member team from PUCL and Karnataka Komu Souharda Vedike visited the spot and met some of the victims and the injured and heard their version of the incident. The members of team were: M/s David D’Souza, Victor D’Silva, Mohammed Kakkinje and Suresh Bhat. The team has obtained a photocopy of the FIR. Based upon its enquiries and the facts collected, the team has the following observations to make:

  • That the attackers trespassed into the house of Adveppa Karishennavar.
  • That the attackers belonged to some Hindutva organization because according to the victims, the first thing they uttered upon trespassing was “Are there any religious conversions going on here? Are there any Hindus here?”
  • That it was a purely communal act and the uttering of above-mentioned words was with deliberate intent to wound the religious feelings of the gathering.
  • That the attackers were disturbing a religious assembly.
  • That it was a deliberate and malicious act, intended to outrage religious feelings of the gathering by insulting its religion or religious beliefs.
  • That the attackers were promoting enmity between different groups on grounds of religion and committed acts prejudicial to maintenance of harmony.
  • That the attackers imputed and made assertions prejudicial to national-integration.
  • That it was a preplanned attack and a criminal conspiracy.
  • That it was an unlawful assembly for rioting armed with deadly weapons.
  • That their intention was to voluntarily cause grievous hurt by dangerous weapons.
  • That the person/persons who hired the attackers to join the unlawful assembly and commit the above offences should be caught and punished suitably.
  • That the present FIR does not reflect the above acts committed by the group of assailants.

We therefore demand that in view of the above facts, fresh cases should be booked against the attackers under appropriate sections of IPC.

It has also been disclosed by the victims that despite their immediate phone calls, the police took nearly 20 minutes to reach the place and by that time the assailants had managed to escape. But the police instead of doing their constitutional duty started asking communally loaded questions. Such as “How many lakhs of rupees did you receive for getting converted? How many other persons have got converted?”  One senior officer, on learning that Pastor Suresh was also present in the gathering, even went to the extent of remarking “Oh! Is it the same Suresh who is challenging our instructions?” In this connection we need to clarify about these so-called instructions.

Sometime in August this year Mangalore police had asked various Christian religious groups not to conduct any more prayer meetings at halls and homes. These instructions had been conveyed over the telephone to several pastors. Also many were called separately to various police stations and given these verbal instructions.Among them was Pastor Suresh had been called to the Suratkal police station. They had been told that in future, they would have to obtain written permission from the Deputy Commissioner of the district before conducting any such prayer meetings in any prayer hall or residence or community hall or hotel etc.  When they asked the reason for such an illegal and unconstitutional order, the police told them that they were under “pressure”. These were disclosed by the president of Karnataka Mission Network during a press conference held on 27.8.2011. (A reply to an RTI query admits that there are no such written instructions and no such requirement of obtaining prior permission for prayers)

The least we can say about the behavior of these policemen is that we are totally aghast. We therefore urge that they be booked under IPC sections 153A, 153B, 217, 218, 221, 225A, 295A, 296 and 298 and necessary legal action be taken against them.

Yours Faithfully

For People’s Union for Civil Liberties

(P.B D’Sa)

President

Letter to the Governor of Karnataka

Letter to the Governor of Karnataka


To,                                                                   21st November 2011

His Excellency,
Governor of Karnataka,
Raj Bhavan,
Bangalore.

Dear Sir,

Sub: PERSISTENT AND RECURRENT ATTACKS ON MINORITIES IN THE STATE OF KARNATAKA WITH PARTICULAR EMPHASIS ON THE KARAVALI AREA WHICH HAVE ONCE AGAIN BEEN RE-STARTED.

AND

THE IMMEDIATE NECESSITY OF PROSECUTING PERSONS HELD RESPONSIBLE FOR THE EARLIER ATTACKS.

***

Your Excellency, the year 2008 witnessed unprecedented levels of violence directed against the Members of the Christian community and their institutions – religious and educational, in the city of Mangalore as also other parts of the District. There was also motivated and selective targeting as far as the Muslim community was concerned in the coastal areas. Your Excellency had taken serious note of the situation and we are grateful for the many corrective steps that followed as a result of your action. The Central Government had also taken serious cognizance of the situation and even served an official notice on the State Government to show-cause as to why it should not be dismissed from Office.

Transparency International India, the People’s Union for Civil Liberties and 21 other NGOs unanimously decided that a People’s Tribunal Enquiry be set up under Justice Michael F. Saldanha (Retd.) to hold an impartial and incisive enquiry into these incidents and to identify the persons responsible. Justice Saldanha is Judge of International repute, having even been listed among the World’s Ten Best Judges and he has prepared his Report which clearly holds the State Government responsible for the atrocities in question. The violent incidents in the City of Mangalore, though attributed to the Bajrang Dal and the RSS, as also the Ram Sene were in fact committed by the State Machinery i.e. the Police and the Administrative Officers. There is unimpeachable evidence as far as this is concerned and three names stand out.

i) S.P. – SATISH KUMAR
ii) CIRCLE INSPECTOR – JAYANT SHETTY
iii) POLICE INSPECTOR – GANAPATHI

Apart from the clear indictment of these three Police Officers in Justice Saldanha’s Report, for persistent and savage barbaric acts, the Home Department ordered an enquiry by the then DIG Police – Mr. Infant who held these three Officers guilty of gross misconduct and recommended that not only should stringent disciplinary action be taken against them but more importantly that they should be prosecuted. The then Home Minister – Dr. V.S. Acharya to whom these Officers were very close, stopped the action as per the file endorsement and even got the then Chief Minister – Yeddyurappa to make similar endorsements. These three Officers had unleashed levels of violence that could only be compared with the Nazi atrocities but because of their protection from the then Home Minister and the then Chief Minister, they were not even suspended AND HAVE EVEN BEEN PROMOTED. Your Excellency will please call for the Enquiry Proceedings and the Report and the endorsements will establish these facts. An Application under RTI was made and the then D.G. Police had disclosed these facts which were widely published in the Press with the demand that action be taken against these Officers. The State Government had no defense and the then C.M. tried to get away by stating that the Government was awaiting the Report of the Somashekar Commission. That was no ground for deferring action as the offences were clearly made out and a speedy prosecution was very essential in the Public Interest. The Somashekar Commission was set up and funded by the then C.M. and Home Minister and the State Government and as is typical with such Commissions, it has tried to white-wash the incidents. That Report has been torn to pieces by the Media and the citizens of this country and the State Government has very quietly put it into cold storage.

A copy of Justice Saldanha’s Report was officially forwarded by him to the State Government and to the Home Minister – Acharya and to the Chief Minister Yeddyurappa but no action was taken on it for the obvious reason that the State Government was held responsible for the acts of violence and the Report has very clearly held the then Home Minister – Dr. V.S. Acharya and the then Chief Minister – B.S. Yeddyurappa guilty for having instigated, encouraged and defended the acts of violence. Apart from doing corrupt acts, these two persons are liable to be prosecuted for inciting communal violence, injuries to thousands of persons, damage to property belonging to minorities and above all, shielding the guilty Officers. The non-action has resulted in recurrence of Church attacks and there have been three such incidents in Mangalore in the course of the last one month alone. It is very much in the public interest that action be ordered against these five persons which will also have the necessary deterrent effect.

Your Excellency is requested to accord sanction for the prosecution of (1) Dr. V. S. Acharya, (2) B.S. Yeddyurappa, (3) S.P – Satish Kumar, (4) DY. SP – Jayanth Shetty, (5) PI – Ganapathi. Once the sanction order is issued, it is requested that the Director General of Police be directed to order the requisite investigation and to proceed according to Law.

The citizens of Karnataka are most grateful and are deeply indebted to your Excellency for the firmness with which you have dealt with all cases of corruption and communal violence and we count upon you to take appropriate steps on a time bound basis.

With esteem and regards,

Yours Sincerely
(P.B D’Sa)
President