Panel rules out fake encounter, defends action against Fullmoon
SHILLONG: The Justice SP Rajkhowa Commission of Inquiry report into the May 31, 2009 Shillong jailbreak, which had cost the state exchequer over Rs 1 crore, defended the police action in killing the jail break mastermind Fullmoon Dhar, ruled out fake encounter and also any nexus of politicians with criminals and pulled up the then DG (prisons) Kulbir Krishan for shirking responsibility, though the escape was hatched even before Krishan took over the post.
Moreover, the Commission did not find any evidence to establish that former nominated MDC of the Congress Thomas Nongtdu was involved in criminal activities to facilitate the jailbreak.
Acting on the recommendations of the Commission of Inquiry, the Government through a separate memorandum of action taken, has issued directions to the Home (Prisons) Department “to overhaul the entire staff including the Director General of Prisons and also to issue a circular to all the District Jails within the State to strictly follow the guidelines of the Jail Manual” so as to avoid recurrence of such crimes inside the jail.
Further, based on the findings of the Commission, Home (Prisons) Department has been asked to initiate departmental action against all those jail officials responsible for the lapses which led to the jail break. “Steps may be taken for training and capacity building of the Departmental personnel”, the action taken report said.
Chief Minister Dr Mukul Sangma tabled the jail break report and the memorandum of action taken in the State Assembly on Wednesday.
There was nothing new in the report of the Commission compared to the Magisterial probe report into the Shillong jail break by magistrate RR Marak which had indicted jail officials for the lapses and the subsequent administrative inquiry report by the then Principal Secretary (Home) Barkos Warjri.
The Judicial Inquiry was ordered following the escape of seven under trial prisoners led by Dhar.
However, the next day on June 1,2009 while Dhar was shot dead by the police, others were captured from Jaintia Hills.
The Government initially constituted the one- man Commission of Inquiry headed by Retired Judge Justice D. Biswas.
However, Biswas who assumed office on September 3, 2009 examined only 16 witnessed and resigned from his assignment after his service was required in Assam.
Later, the Government on August 20, 2010 appointed Justice Rajkhowa who joined the assignment on August 25, 2010. He examined as many as 27 witnesses.
The Commission was entrusted with six terms of reference, which included the need to ascertain the circumstances leading to the escape of seven under trial prisoners from Shillong district jail and to fix responsibility accordingly, to examine the circumstances and events leading to the death of Fullmoon Dhar, to determine the events and causes leading to the arrest and subsequent discharge of Thomas Nongtdu, to find out the existence of any nexus between politicians and criminals in the events leading to the jail break and the events following thereafter and also to inquire into any other matter incidental thereto.
Unlike the Barkos Warjri report which had found that then DGP Anil Pradhan did not have professional approach in dealing with the arrest and subsequent release of Nongtdu, the Commission did not mention anything about the role of Pradhan in the probe report.
The Commission in its finding said that it was proven from the evidence that “there was glaring slackness on the part of the officials including the Superintendent of Shillong Jail. It surpasses our comprehension as to how arms from outside could come to the hands of the UTPs not to speak of inflow of thousands of money. It was nothing but sheer negligence, connivance and collusion on the part of jail officials. Otherwise it would have been next to impossible for the UTPs headed by Dhar to escape”, the report said.
According to the Commission, even Director General of Prisons seemed to have shirked responsibility. “Although he filed one affidavit, he hid not appear before the Commission for recording his evidence on one plea or the other”, he said.
The Commission further said that the Government may be pleased to ‘overhaul the entire staff including the Director General of Prisons with strict instruction that the provisions of the Jail Manual are followed without any lapses in letter and spirit.
Ruling out any fake encounter, the Commission said that firing at Fullmoon Dhar by the SP MK Singh was justified because his own life was in imminent danger.
As per the Commission, during the cross examination, the SP said that he had killed Dhar by shooting from his own revolver and that he had no other way but to shoot him “in exercise of private defence since Dhar himself was armed and he was pointing the weapon towards him and that there was every possibility that Dhar would have fired at him. The SP also told during cross examination that no harm was caused to those UTPs who surrendered.
The Commission said that there was no cogent and convincing evidence against Thomas Nongtdu on record brought by any witness before the Commission to show that he was involved in any criminal activities and that he was helping the UTPs to escape from Shillong jail.
” There is also no evidence that he was engaged in any money laundering with UTPs inside the jail so that they could escape from the jail by using money power”, the report said.
The Commission also said that though counsel for the Steering Committee Against Murder of Democracy ( SCAMOD) Poonam Yadav tried her best to prove the existence of nexus between politicians and criminals in the events leading to the jail break, there was no evidence to give a definite finding that there was a nexus between the politicians and criminals leading to the jail break. ” Even if the learned counsel had some unassailable evidence in her kitty, she did not disclose it before the Commission”, the Commission said.
The Commission made only one recommendation that the Government should issue a circular to all the district jails within the jurisdiction of Meghalaya to strictly follow the guidelines of the Jail Manual so as to avoid recurrence of such crimes inside the jail.
