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Police Firing at Islampur

Jitendra Roy

1. Islampur village is situated in Raninagar-I Development Block of Lalbag Subdivision

in the district of Murshidabad. While the Muslim population in the Block is high,

Islampur is more or less a Hindu dominated village. There is no mosque in this village.

However, the surrounding villages like Nashipur, Nashihat, Hadhadia, Natempara are all

Muslim dominated and have mosques too. The Muslims of Islampur offer their prayers in

the nearby mosques, which are at walking distance from the Islampur bazar.

2. The Islampur market is an important bi-weekly market of the area. The market or hat is

held every Monday and Thursday. Lots of people visit the ‘hat’ on the ‘hat-bars’ (days on

which the market is held) for business. Some Muslims of Islampur and the neighbouring

villages were of the opinion that those visitors to the ‘Hat’, as well as the shopkeepers,

faced a lot of difficulty in offering their five daily prayers. They felt that constructing a

mosque somewhere near the ‘Hat’ would make it convenient to offer their prayers. They

identified a vacant land behind the Public Works (Roads) Office [PWR] and beside the

Katlamari Road for the purpose. This land bearing plot no.1593, khatian no.848, mouza

Islampur (J.L.No.56) was a vested land (i.e. ceiling surplus Rayati land which had vested

to the State under the WBLR Act) measuring 1.01acre and had been transferred to the

local Panchayat Samity in March 1979.

3. In November 1982, the Officer-in-charge (OC) of the local Police station (PS) received

a letter from the Sabhadhipati (Chairman) of the Zilla Parishad (ZP) that some persons

had encroached upon the land with the intention of constructing a mosque on it. The

matter was diarised with the police on 20.11.82 and the OC, PS enquired into the matter

the same day. He found that a group of Muslims under the leadership of one Rezaul

Hossain, son of Mokin Mondal of Nashipur village and others had encroached upon the

land and started raising a ‘kutcha’ (temporary) structure with bamboo poles and thatch

with the intention of using it as a mosque. The police stopped the construction and posted

a picket at the place to ensure that no further construction took place. The situation was

tense but under control. There were apprehensions of breach of peace. The next day, the

OC submitted a prayer to the Sub Divisional Executive Magistrate (SDEM) for

promulgation of prohibitory orders u/s 144 CrPC. The SDEM, on being satisfied with the

report on the ground situation, promulgated an order u/s 144 CrPC prohibiting any further

construction on the land.

4. Having failed in their attempt to construct the mosque at the desired place, the

organisers were perturbed and decided to approach the ZP on 27.11.82 with a request for

donating the land for construction of a mosque. At their instance, a meeting was held by

the local Muslims at Islampur on 27.11.82. The local MLA A.Rahamatullah heard the

entire deliberations in the meeting where many of the speakers presented their views in

favour of constructing a mosque on that land. However, the MLA suggested that such a

mosque could be constructed on a better plot instead of the one chosen by them. But the

organisers were bent on constructing the mosque at the same place where the kutcha

structure stood. As such, it was decided that a deputation would meet the District

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Magistrate (DM) in order to obtain permission to construct a mosque on the concerned

land. The local Opposition party and some constituents of the ruling coalition in the State

supported their stand.

5. On 6th

December 1982, information came to the District Intelligence Branch (DIB) of

Police that Smt Chhanda Gain, an MLA of the ruling coalition, was encouraging the local

Muslims to construct the mosque at Islampur in the same plot. The local Hindus,

however, kept silent. The situation was kept under close watch by the Police and the

District Administration.

6. In October 1983 the Sabhapati of the Panchayat Samity received a complaint from the

Branch Manager, UBI Islampur Branch, that fish-mongers had shifted the fish market a

few months back and blocked the entrance to the Bank on the PW Road beside plot

no.1593 leading to difficulties to commuters and office-goers besides creating a foul

smell. He also approached the District authorities for shifting the fish market from the

entrance of the Bank to the encroached plot for convenience of all. The Panchayat Samity

planned to start a cooperative market on the plot and shift the fish market there. On

17.12.83, the district authority forwarded the prayer of the Manager to the Executive

Engineer, PWD to look into the matter.

7. One year after the attempt to construct a mosque at Islampur hat in Nov. 1982, there

was a renewed attempt to construct a mosque on the same plot. The OC, PS applied to the

SDO through the CI of Police and the SDPO for promulgation of prohibitory orders

u/s144 CrPC at the place on 21.11.83. Routed through proper channel, the application

took time to reach the SDO and the order was promulgated on 3.12.83. In the meantime,

on the night of 30.11.83, the organisers of the proposed mosque and others constructed a

kutcha structure on the encroached plot with the intention of using it as a mosque for the

time being. Further construction was stopped on the basis of the prohibitory order.

Unhealthy tension was building up in the locality. On 22.11.83 the SDO suggested to the

DM that the unauthorised structure should be removed to settle the matter once and for

all and that the Panchayat Samity should take the initiative in this matter as the land

belonged to them.

8. The DM wrote to the Sabhadhipati, ZP on 26.12.83 requesting him to take steps for

removal of the unauthorised construction from Panchayat land. The ZP as well as the

Panchayat Samity were controlled by the ruling party. The Sabhadhipati wrote to the

Sabhapati of the Panchayat Samity to remove the unauthorised construction in

consultation with the Executive Officer (BDO) in order to contain the tension in the

locality. The SDO instructed the JLRO (Junior Land Reforms Officer) of the Land

Reforms Circle on 31.01.84 to file a case under the West Bengal Public Land (Eviction of

Unauthorised Occupants) Act, 1962 [Act XIII of 1962] in the court of the SDO in

consultation with the BDO of the block, if the Panchayat Samity had not taken any action

till then. The Panchayat Samity requested the organisers of the mosque to remove the

unauthorised construction, but they took no action. As no further action was taken by the

Panchayat Samity to remove the unauthorised construction, on 13.2.84 the JLRO filed a

complaint under Act XIII of 1962 to the Collector (i.e. SDO) under the Act, giving details

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of the land encroached upon. The area of the plot was 1.01 acre out of which 0.04 acre

was encroached upon.

9. The Collector (i.e. SDO) under Act XIII of 1962 issued show cause notice u/s 3 of the

Act on 12.4.84 to one Rahel Seikh, the person leading the organisers, giving him seven

days time to file his reply. Seikh kept silent. Seven days after the date fixed, one Abdur

Rezzaque appeared on his behalf and filed a written reply which stated that Seikh did not

have any interest in that plot. The Collector rejected the reply on 15.5.84 and issued

orders u/s 4(1) (a) calling upon the encroachers to vacate the public land in question, to

dismantle the temporary structure on it and hand over possession to the JLRO within

seven days. Thereupon, they applied to the Sabhapati for issuing a ‘patta’ (title deed) for

construction of mosque on that plot. They also collected building materials like bricks,

brickbats, stone chips etc. at the spot. The Sabhapati rejected their application on 17.4.84

stating that no patta could be issued under the rules for the stated purpose. The Sabhapati

and the OC, PS held meetings from 17.5.84 to 20.5.84 with the organisers of the

unauthorised construction, requesting them to remove it and to set up the mosque on an

alternative plot. They refused and heckled the Sabhapati for not issuing the patta. Some

stated, “We will never remove the stumps that we fixed with our own hands and if

anybody tries to remove them, we will protect it until the last drop of our blood”. The

organisers were being actively supported by at least one Opposition party. The deadline

fixed by the SDO passed without any action from the encroachers to comply with the

court’s orders.

10. As the previous order was not carried out, the Court i.e. the Collector under Act XIII

of 1962 directed the SP to provide necessary police help for enforcing delivery of

possession of the encroached public land to the JLRO immediately. The district

administration decided to remove the unauthorised construction at dawn on 1st June 1984.

Orders u/s 144 CrPC were promulgated by the SDEM. Two Executive Magistrates

proceeded to the spot with a police force commanded by the Additional SP. Trucks and

labourers were arranged from the district headquarters as local labour at Islampur would

not be available. Removal of the unauthorised construction was completed peacefully

without any obstruction before sunrise on the chosen day.

11. At about 5AM, when a portion of the police force led by the CI (Circle Inspector) of

Police was on its way back, it was surrounded and attacked by a violent mob armed with

deadly weapons including pipe guns, bombs, lathis, spears etc. coming from Islampur and

the adjoining villages. The CI’s right arm was fractured, three constables were injured

and four police vehicles were heavily damaged. Subsequently, the truck of the PWD

carrying the contractor and labourers were also heavily damaged and some of the workers

injured too. The 2nd

Officer of the PS and the OC of another PS who was present with his

force for the operation had to retreat in the face of severe attacks as there was possibility

of their being overpowered. The whereabouts of the Additional SP were not known.

12. On receiving this information, the DM and the SP immediately contacted the nearby

Commandant of the BSF battalion requesting for a show of strength and a flag march by

them. The Commandant pleaded his inability to move without orders from the

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headquarters. So they got in touch with the IG, BSF over telephone. He refused to render

any help at that moment without clearance from Delhi. The DM then rang the Chief

Secretary who told him to manage with whatever police force was available. The DM

decided to rush to the spot without further delay. Before leaving, he rang the Home

Secretary, told him about the problem, that he and the SP were leaving with whatever few

policemen they could round up and that he and the SP may not return safely. Rushing to

the police lines, the DM and the SP roused the few policemen there (about 22) from sleep

and left for the spot with arms and tear-gas equipment.

13. On their way to Islampur they had to clear many road blockades. Crowds armed with

lathis, spears, bows & arrows and brick-bats were seen rushing towards Islampur. At one

place, the DM asked the people where they were going. They replied that they were

going to offer ‘namaz’. The DM asked them then why they were carrying lathis but got

no reply. Ultimately, they reached the place at about 7.45 AM and faced heavy,

continuous brick-batting and bombing. About 5000 people armed with weapons had

already gathered around the market place. Violent sentiments were whipped up by the

agitators over loudspeakers. The crowd, which had degenerated into a mob, attacked the

DM, the SP and the small police force. Attempts to draw them into discussion by

announcements over microphone failed. The brick-batting steadily built up. Seeing that

the situation was going out of control, the crowd was repeatedly warned by DM and the

SP to disperse as it was an unlawful assembly in violation of the orders promulgated u/s

144 CrPC. The crowd renewed the attack and started breaking the roadside shops. One

Head Constable and four constables were injured by brick-bats in the attack. The mob

was then warned that if they did not disperse immediately force would be used to

disperse them. They did not comply and continued their attack. The situation became

extremely grave. As it was pointless to use lathis in view of the crowd showering brick-

bats from a distance and from behind huts, tear-gas shells were fired. Only two shells

burst out of the ten fired. This emboldened the crowd further to renew the attack with

greater violence, including firing from improvised fire-arms and throwing bombs at the

police force.

14. In view of the grave risk to their lives and property—both private and public—the

DM decided to use fire-arms as a last resort to disperse the unlawful assembly. The mob

was warned that if they did not disperse they would be fired upon. The mob continued the

attack unabated. The DM ordered firing and found the first shot whizzing past his ear

from behind. In shock, he turned round and found an embarrassed constable explaining

that since on principle they had boycotted firing practice, he had no idea of the prescribed

drill.

15. The DM then made five constables kneel down in front of him facing the crowd and

ordered firing of one round each by them from service rifles at the violent mob, aiming

below the waist. No one was hit as the hands of the policemen were trembling and they

failed to take proper aim. The crowd continued the attack. The DM found some people

about to throw brick-bats at him and took a rifle from one of the constables to fire in self-

defence when a DSP came to his rescue and shot at the assailants from his service

revolver. The DM then ordered the constables to take careful aim and fire another round

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and then yet another. The mob retreated and dispersed. The DM then ordered firing to

cease. Nine persons injured by the firing were immediately sent to the Islampur hospital.

One of the persons was declared brought dead by the MO, Islampur Hospital. Another

injured person died in the District Hospital, where he had been referred.

16. Soon after this, the BSF rolled up in trucks and was advised by the DM to go round

the area as a show of force to ensure that peace was maintained. Later, the DM found out

that the Home Secretary had intervened, leading to the arrival of the BSF. Subsequently,

the Special IG arrived to take stock of the situation and asked the DM to persuade the

shopkeepers to reopen their shops and start normal business. This was done.

17. The DM asked the SDO to lodge an FIR regarding the incident, but he pleaded that if

he did so, his service career would be doomed and requested the DM to relieve him of

that responsibility. So the DM himself lodged the FIR with the local Police Station. A

case was started u/s 147/148/149/427/341/342/353/325/307/333 IPC, Section 9B of the

Indian Explosives Act and Sections 25 and 27 of the Arms Act. Thirty persons were

arrested in the police raids on the spot including the Muslim League Secretary and his

workers with pamphlets and some deadly weapons.

18. The DM sent a detailed report regarding the incident to the Home Secretary with

copies to the Divisional Commissioner and the SP. The SP also sent a detailed report to

the DIG of Police with copies to the Special IG of Police and the DM.

19. The raids continued for some days. On 3rd

June the 2 Executive Magistrates on duty

reported that six truck-loads of bricks and other articles of the demolished structure were

removed in their presence from the spot and sent to the Zilla Parishad compound for

storing.

20. Local newspapers as well as all the major dailies like Ananda Bazar Patrika, The

Statesman, Jugantar etc. reported the incident on the following day in different ways

stating the incident of an armed clash between a mob and the police at Islampur leading

to the death of one person and injury to 8 or 9 others. All the reports indicated that the

incident followed the illegal act of some people to construct forcibly a mosque on

Government land.

21. Subsequently, the Opposition party approached the parents of the deceased in the

firing asking them to lodge cases u/s 302 IPC against the DM and the SP. The parents

refused, saying that their sons had committed serious wrongs and the DM and the SP had

no alternative but to open fire.

22. Tension continued in the locality for quite some time. A deputation from the West

Bengal State Muslim League Committee met the ADM(G) at the district headquarters on

5.6.1984 and demanded compensation for the firing victims as applicable in the case of

air-crash victims. They mentioned that 11 (eleven) copies of Koran had been damaged

and in all 18 (eighteen) persons were killed and buried secretly. They demanded a

judicial enquiry and compensation to the owners of the shops allegedly looted by the

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police. They stated that they wanted to ask a few question of the DM and, if not satisfied

with the answers, threatened to launch a big agitation. The ADM (G) tried to dispel their

misgivings and requested them to exercise complete calm and restraint particularly in the

context of the holy month of Ramzan. The DM asked the SP to enquire into the

allegations. The SP reported that the allegations were baseless and there was no

corroboration from any other source. Leaflets containing distorted version of the

happenings and tending to vitiate the communal atmosphere of the district were

circulated by the District Muslim League particularly among the Muslims.

23. The District Magistrate got news that some persons were spreading extremely

dangerous rumours regarding communal tension and this was demoralising the local

people as well as government staff. He instructed the SDO to camp at Islampur with

adequate security and undertake extensive tours into the interior areas as the best

corrective step in case there was any such tension in the locality. On the DM’s

suggestions, the SP also directed the SDPO to take similar action.

24. The DM instructed the Executive Engineer, Highway Division-I, PWD, to enclose the

plot with a boundary wall and also to take steps to get this plot transferred to PWD so as

to overcome the space constraint in their office. This had the approval of the Minister of

State for Primary Education who happened to be a Muslim and the Minister-in-charge of

the District.

25. The SDO requested the DM to consider constructing a rest-shed for the community

on some other plot near the ‘Hat’. He also stated that the MLA and the Sabhapati wanted

that the plot should be enclosed by a boundary wall immediately as some persons were

trying to incite communal feelings in connection with removal of the unauthorised

structure.

26. On 22.6.84 the Imam of Sarulia Mosque, at the time of Namaz, asked the Muslims to

perform Namaz to Allah so that the Hindus including the DM, who had dishonoured the

holy Koran and demolished the mosque, may be punished by Allah. The DM sent a

proposal to the Home Secretary for setting up a TOP (Thana Outpost) at Islampur as soon

as possible for maintenance of law and order and prevention of crime.

27. The DM became the Commissioner of the Division in 2000. He found that no

Executive enquiry into the incident of police firing had been done as yet.

Appendix – I: Act XIII of 1962

Appendix – II : The West Bengal Public Land (Eviction of Unauthorised Occupants)

Rules, 1963

Appendix – III: Police Regulations of Bengal, 1943 (ref: Executive enquiry)

Rule 153 – 157.

Appendix – IV: Teaching Note

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Appendix - I

The West Bengal Public Land (Eviction of Unauthorized Occupants) Act, 1962

(West Bengal Act XIII of 1962)

An act to provide for the speedy eviction of unauthorized occupants from public

lands

WHEREAS it is expedient to provide for the speedy evacuation of unauthorized

occupants from public lands;

It is hereby enacted in the thirteenth year of the Republic of India by the

legislature of West Bengal, as follows:-

1. Short title and extent. –

(1) This Act may be called the West Bengal Public Land (Eviction of Unauthorised

Occupants) Act, 1962.

(2) It extends to the whole of West Bengal.

2. Definitions - In this Act, unless there is anything repugnant in the subject or context:-

(a) “Collector” means-

a. in Calcutta the Land Acquisition Collector , Calcutta and

b. elsewhere the Chief Officer-in-Charge of the revenue administration of the

district, and includes an Additional District Magistrate, a Sub-Divisional

Magistrate, and Executive Magistrate, specially appointed by the State

Government to perform all or any of the functions of a Collector under this

Act.

Explanation-In this clause “Calcutta” has the same meaning as in the Calcutta

Municipal Act, 1951. (West Ben. Act XXXIII of 1951).

(b) “Land” includes buildings and other things attached to the earth or permanently

fastened to things attached to the earth

(c) “Notification” means a notification published in the Official Gazette

(d) “Owner” means-

a. In relation to any land belonging to or taken on lease by or requisitioned by or

on behalf of the State Government, that Government, and

b. In relation to any land belonging to, or taken on lease by, a local authority,

company or corporation , as the case may be;

(e) “Person Concerned” in relation to any public land, means any persons who is in

the use or the occupation of the public land;

(f) “Prescribed” means prescribed by rules made under this Act ;

(g) “Public Land” means any land belonging, or taken on lease by State Government,

a local authority, a Government Company or Corporation owned or controlled by the

Central or the State Government and includes any land requisitioned by or on behalf

of the State Government but does no include a Government road or a highway within

the meaning of the Bengal Highways Act, 1925, or any other law for the time being in

force on the subject:

Explanation-In this clause “Government Company” means a Government

company within the meaning of Sec.617 of the Companies Act , 1956

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(h) “Unauthorized Occupation” in relation to any public land means the use or

occupation by any person of the public land without authority on writing by or on

behalf of the owner thereof and includes the continued use or occupation of any such

land all the expiry or termination of such authority

3. Issue of notice to show cause against order for eviction of unauthorized occupant

from public land - if in respect of any public land, the collector is of opinion, upon

application made by an officer of the owner of the public land authorized in this behalf by

such owner or upon information received otherwise, that the public land is in the

unauthorized occupation of any person or persons the collector shall issue a notice in

such form and containing such particulars as may be prescribed calling upon all persons

concerned to show cause before such date, not being less than 15 days after the date of

the notice , as may be specified in the notice why an order under sub section (1) of

section 4 should not be made and shall cause it to be served in the manner referred to sub

section (2). Intimation of the date so specified shall be given to the owner of the public

land and to its officer authorized under this sub-section.

(2) A notice issued under sub section (1) shall be served by affixing it on a

conspicuous part of the public land concerned or in such other manner as

may be prescribed.

(3) A notice served in the manner referred to in sub section (2) shall be deemed

to have been duly served.

4. Order of eviction of persons in unauthorized occupation from public land –

(1) If after considering the cause, if any, shown by any person in pursuance of a

notice issued under Section 3 and any evidence he may produce in support of the

same and after giving him a reasonable opportunity of being heard the Collector is

satisfied that the public land and deliver possession thereof to the owner within

such time as may be specified in the order.

(2) The Collector shall cause a copy of the order made under Sub section (1) to be

served in the manner referred to in Sub section (2) of section 3

4 A. Power to recover damages - When an order of eviction has been made under Sub

section (1) of Section 4 in respect of any public land the Collector may, upon application

made by an officer of the owner of the Public Land authorized in this behalf by the owner

make an order directing any person who is, or has at any time been in unauthorized

occupation of the Public Land to pay for the period during which he has or had been in

such occupation, damages at such rate not exceeding per annum –

i. In the case of agricultural land, twenty five per centum of the money value of

the gross annual produce of such land and

ii. In any other case, ten per centum of the market value of the land

Within such time as may be specified in the order.

Provided that no such order shall be made against any person without giving him an

opportunity of showing cause against the order proposed to be made.

5. Collector’s power to enforce delivery of possession by evicting unauthorized

occupants –

(1) If in respect of any public land or part thereof any person concerned refuses or

fails to comply with an order made under sub section (1) of section 4 within the

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time specified in the order, the Collector shall enforce delivery of possession of

such public land or part thereof to the owner after evicting the person concerned

and for this purpose the Collector or any officer authorized by him may take such

steps or use such force as may be necessary.

(2) The costs of enforcing such delivery of possession after evicting the person

concerned shall be payable by the person concerned within such time as the

Collector may, by order, direct.

6. Damages and costs recoverable as public demand - Any sums payable by any

person as the damages or costs under an order of the Collector under this Act shall be

recoverable as a public demand.

6A. Disposal of property left on public land by unauthorized occupants –

(1) where any person has been evicted from any public land under section 4, the

collector may, after giving fourteen days’ notice to the person from whom

possession of the land has been taken, remove or cause to be removed or dispose of

by public auction any property remaining on such land.

(2) Where any property is sold under sub-section (1), the sale proceeds thereof shall

after deducing the expenses of the sale and the amount, if any, due to the Collector

or to the owner of the public land on account of arrears of rent or damages or costs,

to be paid to such persons as may appear to the Collector to be entitled to the same.

7. Appeal and review -

(1) An appeal from an order made under this Act shall lie to-

ii. The Commissioner of the Division, where the order is made by the

Collector, and

iii. The Collector where the order is made by an officer specially appointed

under sub-clause(b) of clause (1) of section 2.

If preferred within fifteen days from the date of the order appealed against and the

decision of the Commissioner or the Collector as the case may be, on such appeal

shall subject to the provisions of sub-section (2) be final:

Provided that the appellate authority on being satisfied that the appellant was

prevented by sufficient cause from filing the appeal in time may entertain the

appeal even after the expiry of the said period of fifteen days.

(2) The State Government may, of its own motion or on an application made to it

by any person aggrieved against the order of the appellate authority within thirty

days from the date of such order, on grounds of gross error of facts or of law or

of both facts and law call for and examine the record of the appeal and may

make such orders thereon as it thinks fit.

Explanation- In this section ‘Collector’ does not include an officer specially

appointed under sub-clause (b) of clause (1) of section 2.

7A. Penalty for obstructing Collector or person authorised by Collector –

(1) Whoever wit fully obstructs the Collector or any person authorized by him in

discharging his duties under the provisions of this Act, shall , on conviction before a

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Judicial Magistrate be punishable with imprisonment for a term which may extend

to two thousand rupees or with both.

(2) An offence punishable under sub-section (1) shall be cognizable and bailable.

8. Indemnity - No suit, prosecution or other legal proceedings shall lie against any

person for anything which is in good faith done or intended to be done in purchase of this

Act or any rule or order made there under.

8A. Bar to jurisdiction of civil courts - No civil court shall have jurisdiction to decide

or deal with any question which is by or under this Act required to be decided or dealt

with under the provisions of this Act.

9. Power to make rules –

(1) The State Government may, by notification, make ‘rules for carrying out the

purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power the

State Government may make rules with respect to all or any of the following

matters , namely:-

(a) the forms and the manner of service of notices under this Act:

(b) the procedure to be followed and the fees, if any, payable in appeals under

section 7:

(c ) any other matter which may be or its required to be prescribed.

10. Application - The provisions of this Act shall have effect notwithstanding anything

to the contrary contained in any law for the time being in force other than the Indian

Penal Code, 1860 or the Code of Criminal Procedure, 1898, but shall not apply in respect

of the use or occupation of any public land by a displaced person as defined in clause (1)

of section 2 of the Rehabilitation of Displaced Persons and Eviction of Persons in

Unauthorized Occupation of Land Act, 1951, in respect of which an application for

eviction has been entertained under sub-section (1) of section 3 of that Act.

11. Repeal and savings –

(1) The West Bengal Public Land (Eviction of Unauthorized Occupants)

Ordinance, 1962, is hereby repealed.

(2) Anything done or any action taken under the said Ordinance shall be deemed to

have been validly done or taken under this Act as if this Act had commenced on the

8th

day of September, 1962.

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Appendix – II : The West Bengal Public Land (Eviction of Unauthorised Occupants)

Rules, 1963

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15

Appendix – III: Police Regulations of Bengal, 1943 (ref: Executive enquiry) Rule 153 –

157.

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17

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Appendix – IV: Teaching Note

1. Act XIII of 1962 is a very strong and useful instrument that can be used to remove

encroachments from Government lands.

2. Parameters for use of force against a mob:

a. Use of firearms should be adopted as the last means of enforcing law and order,

after warning to disperse, lathi charge then tear gas have failed.

b. The Magistrate of the highest rank present at the spot should pass a clear order

for the use of fire-arms when situation so arises stating the number of rounds to

be fired and that it must be aimed below the waist.

c. There should be minimum use of fire-arms.

d. Firing must be a controlled one and not a fusillade i.e. fire 1 round at a time.

e. Firing must stop as soon as its purpose is fulfilled.

f. The place should be searched for any injured immediately after the crowd has

dispersed and necessary arrangement made for their medical treatment.

3. The place should also be searched for any miscreants loitering around to apprehend them.

4. The Magistrate who has ordered the firing and the Police Officer of the highest rank

present at the spot must send detailed reports about the incident to their higher authorities

at the earliest possible occasion. The DM should also send a report to Divisional

Commissioner.

5. A potential law and order situation should not be allowed to linger. It should be dealt

with firmly at the very beginning.

6. The purpose of promulgation of 144 CrPC gets frustrated if it is not done in time. Here

the orders did not reach concerned officials quickly. So all those involved in the issue like

the Police, JLRO and SDM should be particular in not wasting any time.

7. The flag-march by BSF helped in subduing the tension that was brewing after the firing.

If the BSF had been more responsive and arrived earlier, there might have been a chance

of averting the police firing.

8. Compromising discipline in a uniformed force leads to disastrous results.

9. The para20 explains the extent of publicity the incident had got. It was so important that

it got place in all the major dailies of the State. The interesting part was that most of the

reports corroborated the actual cause of the firing and also its results. Unlike present day

cases there is no mention of reckless firing or police excesses. This implies that a

completely lawful procedure had been followed.

10. After any major administrative intervention in an incident involving a large mass of

people, its after effects continue for quite sometime. The administration should keep its

eyes & ears open and take prompt action to prevent this after-effects from taking the form

of another major law & order incident.

11. The Administration should undertake all necessary preventive measures to curb tension

in the locality after a major law & order incident.

12. Whenever an incident of police firing takes place, it must be followed by an Executive

enquiry by the appropriate authority.

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