Annual Report - National Human Rights Commission
Annual Report - National Human Rights Commission
Annual Report - National Human Rights Commission
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Complaints Before the <strong>Commission</strong><br />
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20. Atrocities on Adivasi families by forest officials of Wayanad District:<br />
Kerala - Case No. 199/11/2002-2003(FC)<br />
4.124 The <strong>Commission</strong> received a complaint from Ms. Nirmala Deshpande and others alleging<br />
that on 19-2-03 the police, forest officials and personnel of Kerala Armed Police opened fire at<br />
a gathering of over 1100 Adivasi families who were protesting against the non-implementation<br />
of the agreement reached between the Adivasis and the Kerala Government for delivery of the<br />
promised land at the Muthanga Forest region of Wayanad District. It was alleged that 16 Adivases<br />
died and a large number of Adivasis including children and women received injuries in<br />
the incident.<br />
4.125 In response to the notices issued to the Chief Secretary and DGP, Kerala, the reports<br />
submitted by the State Government of Kerala justified the action of the police firing on the<br />
ground that the Adivasis had blatantly violated the law and had murdered a policeman after<br />
taking him as hostage. The reports also stated that the police used all possible restraint and<br />
minimum force to deal with the situation. It was further mentioned that there was only a single<br />
death, as against the allegations of the complainant that 16 persons had died as a result of<br />
police firing. The report “concluded” that there was no question of any departmental action<br />
being taken against any police personnel as they did not violate any law at any point<br />
of time and had acted very much within the parameters of law under the supervision of<br />
their superiors.<br />
4.126 While considering the reports, the <strong>Commission</strong> directed the Chief Secretary, Kerala to<br />
furnish documents relating to the delivery of land to the Adivasis ousted from the forest and the<br />
plan, if any, for their rehabilitation. The <strong>Commission</strong> also recommended to the State Government<br />
to hand over the investigation of the incident of police firing and the related incidents, including<br />
allegations of torture which took place in Muthanga forest region on 19-2-2003 to an independent<br />
agency, preferably the C.B.I.<br />
4.127 In light of the information furnished by the Government of Kerala about registration of<br />
seven cases by the CBI in connection with the incidents of Muthanga forest, the <strong>Commission</strong><br />
directed the Chief Secretary, Government of Kerala to communicate the status of the investigation<br />
in the seven cases and also to inform the <strong>Commission</strong> of the steps taken for re-settlement of the<br />
tribal families.<br />
4.128 The Government of Kerala vide letter dated 20-11-2004, submitted a copy of the report<br />
of the CBI in case No. PE 2 (S)/2003/CBI/SCB/Chennai in which the CBI concluded that the<br />
use of force and the firing by police at Muthanga on 19-2-2003 was clearly necessitated by the<br />
turn of events and was fully justified and lawful. The inquiry conducted by CBI did not reveal<br />
any lapse on the part of the police while dealing with the situation in Muthanga and as such no<br />
action was recommended against any of the officials.<br />
<strong>National</strong> <strong>Human</strong> <strong>Rights</strong> <strong>Commission</strong> <strong>Annual</strong> <strong>Report</strong> - 2004-2005<br />
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