[Reader-list] Jamia University's right to provide Legal aid:

Thu Sep 25 16:43:36 IST 2008

On Communal profiling and Jamia University's right to provide Legal aid:

Mushir Ul Hasan has done what any responsible head of an institution would have done under similar circumstances, or is it that some of our sarai contributors are wiling to provide legal aid or that the state should come with a defense team. Perhaps we are indulging in a trial through Internet. 

Is he supposed to be a mute spectator and relinquish his role as a guardian of all students, and moreover why are we hell bent on arriving towards the conclusion even when the matter is subjudice, or is that someone among us is privy to the copy of final judgment convicting the two accused? 

Prof. Hasan has impeccable credentials and its rather very unjust to expect him to scream from rooftop about his unequivocal opposition to terrorism of all hue. 

Srirang jha states that since the University exists for education and nothing else and that our constitution provides for legal assistance to any one who cannot afford a lawyer. Hence arrested students of JMI who are arrested for their alleged role in the Blast may get legal assistance from the Legal Aid Cell and that intellectual like Mushirul Hasan need not indulge in such a pastime as this

. Calls for more sensitivity
..when the University is under scanner for wrong reasons and that too with the heightened fears about profiling on religious lines as has been the case in Manipal in Karnataka. The two accused have no history of crime. Should any institution simply disown its students after their arrest on similar grounds? Is it not a sign of democracy to even assure the accused of a fair trial!

Secondly arguments about seeking Jamias social intervention in its neighbourhood are rather a fashion statement and that too at an inopportune moment. Instead the government of the day could be requested for such interventions, universities certainly do their best in terms of field research, public policy analysis, health and educational campaigns but they dont constitute its core activity
such examples are found in other places too, like JNU or Delhi University but to expect some comprehensive changes in places near the universities is something which falls in the socio-economic-political domain and a matter concerning day to day governance. 

Radhakrishnan

On Thu, 25 Sep 2008 reader-list-request at sarai.net wrote :
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>Today's Topics:
>
>    1. Re: Jamia Millia University should be prosecuted
>       (radhikarajen at vsnl.net)
>    2. Re: What Was Written in "Satyadarshini" Pamphlet (A Jay)
>    3. Karnataka rubbishes Delhi Police claims
>       ( Shivam Vij à¤¶à¤¿à¤µà¤®à¥ à¤µà¤¿à¤à¥ )
>    4. Jamia 'encounter' ( Shivam Vij à¤¶à¤¿à¤µà¤®à¥ à¤µà¤¿à¤à¥ )
>
>
>----------------------------------------------------------------------
>
>Message: 1
>Date: Thu, 25 Sep 2008 14:07:48 +0500
> From: radhikarajen at vsnl.net
>Subject: Re: [Reader-list] Jamia Millia University should be
> 	prosecuted
>To: khadeeja arif <khadeejaarif1 at rediffmail.com>
>Cc: reader_list <reader-list at sarai.net>
>Message-ID: <e2d5f9369175.48db9b34 at vsnl.net>
>Content-Type: text/plain; charset="us-ascii"
>
>Democratic life in free India has ensured respect for media and judiciary all these eyars, but the blacksheep in both these institutions have only given cynicism to law abiding citizens of the nation.
>
>  Not a single judge be it from supreme court or lower courts has resigned till date after being named in PF scam. Procedural lapses of delaying the trial, fudging the witnesses and evidence is now routine. after all judges do adjudicate on the evidence produced before court, not on speculations. ! media with its fair share of blacksheep who cook favours for adrevenue with political bosses is another fall out of the private channels being exclusive, the first to report kind of journalism. In  the circumstances where corruptionis first choice of life for the society, the guilty can always get away with money and muscle and vote power
>  That ruling minister can ask his solicitor general to defreeze the account of 21 crore in London, without the knowledge of Supreme court and investigating agency is high light of this judicial proceedings. Delay in bofors investigations by orders of single judges of Delhi high court on flimsy grouns, subsequent rewards to these lawyers and judges as chairman and MPs is another example of fudging the process of law.
>   A retired tired judge giving reports of train and those burnt inside is the mockery of judicial process.
>  regards.,.
>
>----- Original Message -----
> From: khadeeja arif <khadeejaarif1 at rediffmail.com>
>Date: Wednesday, September 24, 2008 10:32 pm
>Subject: Re: [Reader-list] Jamia Millia University should be prosecuted
>To: Yousuf <ysaeed7 at yahoo.com>
>Cc: reader_list <reader-list at sarai.net>
>
> > I think everyone who believes that Jamia authorities should not
> > speak up for its students or, for that matter,no one should speak
> > or question the state and police version should think for a moment
> > that its each and every indivdual's right to get a chance to put
> > his or her case in the court and should be supported for his or
> > her right unless proven guilty. Mushir Ul Hasan has done what a
> > teacher or a Vice Chancellor of a university should do. I am sure
> > that he is not saying that he supports terrorism. All he is doing
> > is giving legal aid to his students who have been arrested under
> > suspicion. Police claims that the alleged 'terrorists' have
> > confessed their crime. I think its a well known fact that under
> > new law of terrorism confession inside a interrogation room is not
> > considered to be an evidence. And, we have no reason to believe
> > the police blindly when we have examples of S A R Gilani's/
> > Ifthikar Gilani's case or for that matter fake encounter of
> > Sohrabiddin and fake ecounter cases in Jammu and Kashmir. I am
> > sure none of us support terrorism, but it does not mean that we
> > should beileve everything that the police say! I think we should
> > all wait and see how the Batla house encounter story takes twists
> > and how the next chain of events unfolds. Its seems to be very
> > very complex story and it will be hasty to give any judgment at a
> > time when nobody knows what actually happened. To my mind, only
> > three people know the reality or  the truth(if we are at all
> > looking for it): Atif/Sajid and Mohanchand Sharma. And all three
> > of them are dead. Since dead can not wake up, we shall wait and
> > watch how things unfold and not be hasty in giving the judgment.
> >
> > Thanks and regards
> > Khadeeja
> >
> >
> > On Wed, 24 Sep 2008 Yousuf wrote :
> > >Dear Srirang Jha
> > >
> > >Your statement: "why an intellectual like Mushirul Hasan would
> > indulge in such a pastime" I think this is precisely the problem
> > here. Most social problems in our midst crop up because the
> > intellectuals don't want to come down to "such pastimes". I think
> > its a great step (although risky) for Mushirul Hasan to take a
> > stand here. He said that as VC he is the guardian of all students,
> > and will help them legally UNTIL PROVED GUILTY. It is very easy
> > otherwise to allow the law to take its own course. Many thousands
> > of accused (depending on state's legal aid) are languishing in our
> > jails, not proven guilty yet. IF these boys are proven guilty,
> > then of course, the end of the story.
> > >
> > >But besides that, it also very important for Jamia to make a
> > social intervention into its neighbourhood. Would you rather
> > ignore the area and the community and allow more disturbing
> > elements to thrive there, or take a bold risk and try to eliminate
> > them. The terror cannot be eradicated until many
> > elements/institutions of the society (university, local leaders,
> > RWAs, police, NGOs, and activists) don't come together.
> > Unfortunately, so far there is very little trust between all these
> > elements. Moreover, we are also trying to prove that the NGOs and
> > activists are actually the enemies of the state.
> > >
> > >Only the brutal force of the police can never eradicate terrorism.
> > >
> > >Yousuf
> > >
> > >
> > >--- On Wed, 9/24/08, srirang jha <jha.srirang at gmail.com> wrote:
> > >
> > > > From: srirang jha <jha.srirang at gmail.com>
> > > > Subject: Re: [Reader-list] Jamia Millia University should be
> > prosecuted> > To: radhikarajen at vsnl.net, reader-list at sarai.net
> > > > Date: Wednesday, September 24, 2008, 9:23 PM
> > > > Jamia Millia Islamia is setting a wrong example by providing
> > > > legal aid to
> > > > the accused in Delhi bomb blast. The University exists for
> > > > education and
> > > > nothing else. Our constitution provides for legal
> > > > assistance to any one who
> > > > cannot afford a lawyer. So the students of JMI who are
> > > > arrested for their
> > > > alleged role in the Blast may get legal assistance from the
> > > > Legal Aid Cell
> > > > of the Supreme Court of India.
> > > > I do not understand why an intellectual like Mushirul Hasan
> > > > would indulge in
> > > > such a pastime as this. Let the law of the land take its
> > > > course.
> > > >
> > > > Srirang Jha
> > > >
> > > > On Wed, Sep 24, 2008 at 6:44 PM,
> > > > <radhikarajen at vsnl.net> wrote:
> > > >
> > > > > Unfortunately, this attitude and action of the
> > > > institutions and NGOs which
> > > > > makes them communal. It only gives more courage to be
> > > > fundamentalists in
> > > > > secular society be it for a hindu or a muslim or a
> > > > christian, if you have
> > > > > support to be fanatic why not. !
> > > > >
> > > > > Regards.
> > > > >
> > > > > ----- Original Message -----
> > > > > From: Aditya Raj Kaul <kauladityaraj at gmail.com>
> > > > > Date: Wednesday, September 24, 2008 12:55 am
> > > > > Subject: [Reader-list] Jamia Millia University should
> > > > be prosecuted
> > > > > To: sarai list <reader-list at sarai.net>
> > > > >
> > > > > > Jamia Millia University should be
> > > > > >
> > > >
> > prosecuted<http://offstumped.nationalinterest.in/2008/09/23/jamia-
> > > > > > millia-university-should-be-prosecuted/>
> > > > > >
> > > > > > *The Jamia Millia Islamia University would
> > > > provide legal aid to two
> > > > > > suspended students who have been arrested by
> > > > Delhi Police for being
> > > > > > allegedly involved in the serial blasts in the
> > > > > >
> > > > capital<http://offstumped.nationalinterest.in/2008/09/19/war-
> > on-
> > > > > > terror-offstumped-salute-to-indias-pride/>.
> > > > > > *
> > > > > >
> > > > > > **
> > > > > >
> > > > > > *"Legal aid would be provided till they are
> > > > not found guilty," varsity
> > > > > > spokesperson Rakshanda Jaleel on Tuesday said.*
> > > > > >
> > > > > > Offstumped has unearthed the Jamia Millia Islamia
> > > > Act of
> > > > > >
> > > > 1988<http://education.nic.in/cd50years/x/7H/8M/7H8M0101.htm>
> > > > > > .
> > > > > >
> > > > > > There is no provision within this act for the
> > > > University to
> > > > > > provide legal
> > > > > > aid to students, period, forget personal or
> > > > university related,
> > > > > > guilty or
> > > > > > not guilty.
> > > > > >
> > > > > > Its powers are very clear.
> > > > > >
> > > > > > Please visit the following link for more -
> > > > > > Jamia Millia University should be
> > > > > >
> > > >
> > prosecuted<http://offstumped.nationalinterest.in/2008/09/23/jamia-
> > > > > > millia-university-should-be-prosecuted/>
> > > > > >
> > > > > > PTI reports
> > > > > >
> > > > > > *The Jamia Millia Islamia University would
> > > > provide legal aid to two
> > > > > > suspended students who have been arrested by
> > > > Delhi Police for being
> > > > > > allegedly involved in the serial blasts in the
> > > > > >
> > > > capital<http://offstumped.nationalinterest.in/2008/09/19/war-
> > on-
> > > > > > terror-offstumped-salute-to-indias-pride/>.
> > > > > > *
> > > > > >
> > > > > > **
> > > > > >
> > > > > > *"Legal aid would be provided till they are
> > > > not found guilty," varsity
> > > > > > spokesperson Rakshanda Jaleel on Tuesday said.*
> > > > > >
> > > > > > Offstumped has unearthed the Jamia Millia Islamia
> > > > Act of
> > > > > >
> > > > 1988<http://education.nic.in/cd50years/x/7H/8M/7H8M0101.htm>
> > > > > > .
> > > > > >
> > > > > > There is no provision within this act for the
> > > > University to
> > > > > > provide legal
> > > > > > aid to students, period, forget personal or
> > > > university related,
> > > > > > guilty or
> > > > > > not guilty.
> > > > > >
> > > > > > Its powers are very clear. -
> > > > > > Jamia Millia University should be
> > > > > >
> > > >
> > prosecuted<http://offstumped.nationalinterest.in/2008/09/23/jamia-
> > > > > > millia-university-should-be-prosecuted/>
> > > > > >
> > >
> > >
> > >
> > >_________________________________________
> > >reader-list: an open discussion list on media and the city.
> > >Critiques & Collaborations
> > >To subscribe: send an email to reader-list-request at sarai.net with
> > subscribe in the subject header.
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> > _________________________________________
> > reader-list: an open discussion list on media and the city.
> > Critiques & Collaborations
> > To subscribe: send an email to reader-list-request at sarai.net with
> > subscribe in the subject header.
> > To unsubscribe: https://mail.sarai.net/mailman/listinfo/reader-
> > list
> > List archive: <https://mail.sarai.net/pipermail/reader-list/>
>
>
>------------------------------
>
>Message: 2
>Date: Thu, 25 Sep 2008 14:53:39 +0530
> From: "A Jay" <jaya9154 at gmail.com>
>Subject: Re: [Reader-list] What Was Written in "Satyadarshini"
> 	Pamphlet
>To: "Reader List" <reader-list at sarai.net>
>Message-ID:
> 	<1fc23d270809250223g17d174fcnf5b64822e741f632 at mail.gmail.com>
>Content-Type: text/plain; charset="ISO-8859-1"
>
>Dear Chanchal,
>
>
>I would like to address certain claims you have so confidently asserted
>regarding Christianity's debt to Hinduism.  I am sure that the rest of the
>members on this list are fully aware of the utterly nonsensical nature of
>your claims.  However, I shudder to think that you may be spreading this
>misinformation elsewhere.  I am, therefore, providing you with a few details
>so that you may have a solid historical base from which to build any further
>discussion on Christianity you may wish to engage in, on this list or
>elsewhere.
>
>
>I quote:
>
>"Birth of Jesus is under doubt, as Dead Sea Scrolls have revealed existence
>of old testament much before Jesus."
>
>The Old Testament is in not related to the life of Jesus.  It is one of the
>holy books of the Jewish faith, and was regarded as such long before the
>birth of Jesus of Nazareth, whatever or whomever you may understand said
>person to be.  Christianity grew out of Judaism; the Old Testament has,
>therefore, remained a part of the Christian cannon as well.  However, the
>scripture particular to Christians and connected with Jesus Christ is the
>New Testament.
>
>
>"The time mentioned for Jesus birth actually takes him in B.C."
>
>Yes.  This is a widely recognized historical technicality.  Anno Domini
>(literally 'the year of our lord'), from which we derive the signifier A.D.,
>was developed as a dating system in the year 525 by a monk who began this
>system at what he called Jesus' 'Incarnation,' rather than at his birth.
>The available historical evidence does not allow for the determination of
>the exact date of Jesus' birth, but it is generally understood to be several
>years B.C.
>
>
>"...the Kul Devta of Greece even today is 'Isus Chrisn' and not Jesus
>Christ."
>
>Perhaps you should check the Greek spelling and pronunciation of the name
>'Jesus Christ.'  English speakers tend to impose their own strange
>pronunciations on foreign names, and 'Jesus Christ' is just one more example
>of this phenomenon.
>
>
>"What is meant by X-Mas... no body knows."
>
>Have you asked anybody?  Or have you simply taken it on faith that your
>esteemed Oak sahib has undertaken a thorough survey of the world's
>English-speaking population regarding the matter of 'Xmas'?  In fact, ' "Xmas"
>and "X-mas" are common abbreviations of the word "Christmas". They are
>sometimes pronounced "eksmas," but they, and variants such as "Xtemass,"
>originated as handwriting abbreviations for the pronunciation "Christmas."
>The "-mas" part came from the Latin-derived Old English word for "mass".'
>
>(http://en.wikipedia.org/wiki/Xmas)
>
>
>"'Mas' means month"
>
>Not when it is derived from the Old English for 'mass' (see above), which in
>turn is derived from 'the late-Latin word *missa* (dismissal), a word used
>in the concluding formula of Mass in Latin: *"**Ite, missa est**"* ("Go; it
>is the dismissal").'
>
>(http://en.wikipedia.org/wiki/Catholic_mass)
>
>
>"Oct is Eight (but October is 10th month), Nav is 9 (but November is 11th
>month), Dec or Dus is 10th month (but December is 12th month)"
>
>The reason for this apparent discrepancy is the retention of month names
> from the previously used lunar calendar after the introduction of the
>Gregorian calendar in 1582.  Because the Hindu calendar is also a lunar
>calendar, the tenth month of both calendar systems (Hindu and pre-Gregorian
>European) will, naturally, overlap.
>
>(http://en.wikipedia.org/wiki/Gregorian_calendar)
>
>
>"Further.. what is meant by 'Isus' .. no one knows.. it is derived from
>Hindi word Ishwar... and Christ is reformed shape of Chrisn."
>
>Actually, someone does know.  'Isus' is the Greek word from which we derive
>the English 'Jesus,' and which itself is derived from the Hebrew 'Yeshua,'
>which means 'YHWH rescues.'  YHWH is the name of God in the Judeo-Christian
>tradition.
>
>'Christ' derives from the Greek 'christos,' meaning 'anointed one'-- a title
>bestowed upon Jesus of Nazareth by his followers.
>
>(http://en.wikipedia.org/wiki/Jesus_christ)
>
>
>If you have a legitimate critique of some practice, by all means, express
>it-- but please be careful with your historical claims.  Your unfounded and
>entirely illogical diatribe against Gregorian nomenclatural idiosyncrasies
>and Greek names does nothing but propagate the kind of willful
>misinterpretation that makes for unfruitful discussion.
>
>
>Best,
>
>AJ
>
>
>------------------------------
>
>Message: 3
>Date: Thu, 25 Sep 2008 15:34:24 +0530
> From: " Shivam Vij à¤¶à¤¿à¤µà¤®à¥ à¤µà¤¿à¤à¥ "	<mail at shivamvij.com>
>Subject: [Reader-list] Karnataka rubbishes Delhi Police claims
>To: "sarai list" <reader-list at sarai.net>
>Message-ID:
> 	<9c06aab30809250304u5207a562j856fae6d49219198 at mail.gmail.com>
>Content-Type: text/plain; charset="UTF-8"
>
>Karnataka rubbishes Delhi Police claims
>
>By Sowmya Aji in Udupi (Karnataka)
>Mail Today, 25 September 2008, mailtoday.in
>
>
>LOCAL police officers just cannot believe that bombs for the Delhi
>blasts originated here in the Udupi district. Unlike police forces in
>other states, Karnataka Police still have not closed ranks with their
>Delhi counterparts.
>
>They flatly deny the existence of any SIMI network or any history of
>bomb making in this southern tip of the state. They even wonder why a
>bomber has to travel the length of the country to procure bomb
>components, which are available everywhere.
>
>Delhi Police had claimed one of the youngsters they picked up,
>Mohammad Saif, had "confessed" that he procured 10 bombs here, which
>were later planted in Delhi. This confession obviously has no validity
>in a court of law. Interestingly, Karnataka's inspector general of
>police (western range) Ashit Mohan Prasad  told MAILTODAY that Udipi
>has no history of bomb making in the last 10 years. "The Delhi team is
>conducting its investigation independent of us. In the last 10 years,
>we are not aware of any bombs being made in this region... No network
>of SIMI or any other terror outfit that we know of exists here," said
>Prasad.
>
>Karnataka Police admit they have no clue about Delhi Police's
>investigation. The visitors from Delhi did take logistical support
> from the local police, but kept them in the dark over the probe
>details. They brought Saif to Manipal on the night of September 21 and
>are said to have taken him around the university town after 11 pm to
>identify the places he reportedly visited on August 29, to collect the
>"bombs".
>
>Prasad admits ammonium nitrate, the material used in the bombs, is
>freely available in the region as it is used in rubber and coffee
>plantations. But quizzed on the theory that 10 assembled bombs were
>handed over to Saif here, he said, "our intelligence network has not
>come across a bombmaker who could have done it here. We are probing.
>All this information is coming only from Delhi."
>
>The general opinion here, both among the police and the public, is of
>sheer disbelief that the bombs originated from here. "We believe it's
>a red herring â a standard operating procedure for militants to lay
>false trails. Why should a militant show the police where he procured
>the bomb? And why will he come so far to procure it?" a Manipal
>policeman wondered.
>
>Saif took the Delhi Police team to Hotel New Broadway International
>where he and another person reportedly stayed on August 29. The
>hotel's manager Prakash told MAILTODAY that no one in the hotel
>recognised Saif when he was brought here by the Delhi police for
>identification.
>
>"I have signed the checkout details of Rahul Sharma (the name Saif
>allegedly used) on August 29 at 7.15 pm. But hundreds of people,
>particularly students from MIT, visit us here, so I don't remember him
>at all," Prakash said.
>
>The police decided that Saif was telling the truth based on the
>signature that he put on a blank piece of paper. This was crosschecked
>with signatures in the ledger and apparently found to match that of
>Rahul Sharma on August 29.
>
>This ledger has been taken away by the police, along with Saif's
>signature on blank paper. Though according to police, Prakash is
>supposed to have identified Saif just by looking at the signature, he
>doesn't know whether Saif signed his real name or the assumed one.
>"The signatures were similar. It did not look like Rahul Sharma, the
>signature began with an 'S'. We couldn't read the rest. Maybe Saif
>signed his real signature," said Prakash.
>
>At the telephone booth where Saif supposedly made a call and spoke to
>one bhai to contact the bombmaker, the operator knows nothing about
>Saif. And neither the local police, nor residents have any idea who
>this 'bomb maker' could be or where he procured the materials from.
>
>Another theory floated by the police is that the bombs actually came
> from Ernakulam to Udupi on the Mangala Express. But they don't explain
>why Saif, who travelled by the same train, got down at Udupi instead
>of going straight to Ernakulam in Kerala. According to the police,
>Saif, under the assumed name Rahul Sharma, reached here at two in the
>morning by this very train and caught an autorickshaw from the Udupi
>railway station to the lodge in Manipal. But there is no account of
>the other person who is supposed to have visited Saif in room 207, as
>no one saw him leave, nor does anyone remember him.
>
>Saif paid Rs 300 rent and left by 7.15 pm. But Prakash, who checked
>him out, assumes all this as he does not remember him. And nobody is
>able to come up with a convincing explanation why Saif came here and
>what he actually did. Saif obviously knew enough about the workings of
>this university town to register in a lodge frequented by students,
>and claim that he was seeking admission to the MIT at a time when
>admissions were open.
>
>------------------------------
>
>Message: 4
>Date: Thu, 25 Sep 2008 15:36:18 +0530
> From: " Shivam Vij à¤¶à¤¿à¤µà¤®à¥ à¤µà¤¿à¤à¥ "	<mail at shivamvij.com>
>Subject: [Reader-list] Jamia 'encounter'
>To: "sarai list" <reader-list at sarai.net>
>Message-ID:
> 	<9c06aab30809250306y7526e78awd8c817cafbf66a66 at mail.gmail.com>
>Content-Type: text/plain; charset="UTF-8"
>
>Atif and Sajid shot with an intent to kill
>
>by Mail Today Bureau in New Delhi
>Mail Today, 25 September 2008, mailtoday.in
>
>A FORENSIC expert who examined photos of the bodies of 'terrorists'
>Sajid and Atif suggested both were shot from a distance of one to five
>metres. They were also shot with an intention to kill. The alleged
>terrorists died when a Special Cell team raided their Batla House L-18
>flat on Friday. Their bodies were subsequently autopsied at AIIMS. The
>photos taken after both bodies were released by the coroners to the
>relatives show Atif took two bullets on his chest and Sajid had as
>many as three bullets on his right temple, one in the centre of his
>head and yet another on top of his right shoulder, shot from above.
>This bullet travelled diagonally and pierced the torso, exiting
>through the back of the left shoulder.
>
>Importantly, the photos in possession of MAIL TODAY include torso
>shots and injuries to the rest of the bodies are not visible â except
>for a grazing wound on the leg of one of the bodies. We showed these
>photos to Dr K.L. Sharma, former head of the department, forensic
>medicine, Delhi Police. After examining them, he concluded that
>Sajid's killer was either way taller than him or was at a distinct
>height advantage when he fired the bullets. "It is possible that Sajid
>was sitting or squatting or trying to get up when the bullets hit
>him." "The bullet that pierced the centre of Sajid's head indicates
>oblique fire. This is clear from the grazing marks at the bottom of
>the bullet's entry point. The bullet travelled diagonally through the
>brain, shattering it and exiting at the base of the skull just above
>the neck. Sajid died instantly and had severe ear bleeding," Dr Sharma
>said.
>
>The bullet wounds on his head were probably caused by a "rifled
>weapon", which in simple terms would mean either a pistol or an
>assault rifle like AK- 47, he said. "In the absence of
>threedimensional photos and autopsy reports, I can't say for sure
>which weapon was used to shoot the two." He said had the 'terrorists'
>been fired at from point-blank range or if these had been
>close-contact firings (distance of three inches), the bullets would
>have left telltale signs such as "burning, singing and tattooing. Had
>the weapon been in contact with the body when the trigger was pulled,
>the bullets would have left burnt hair at the point of contact, or the
>singed hair would curl or there would be tiny reddish or pinkish dots
>around the point of entry. These tattoo marks would have been
>permanent. In this case, none of this is evident, suggesting Sajid was
>shot from a distance of more than one metre," Dr Sharma said.
>
>But two other experts said Sajid had been hit only by two bullets, and
>not five. Dr S.C. Mittal and Dr B.K. Sharma, after looking at the
>photographs, opined that one bullet slid past the top of Sajid's head
>while another pierced his right shoulder. The other three "injury
>marks" on his forehead did not appear to be bullet injuries, they
>added. Dr Mittal and Dr B.K. Sharma also contended that the injuries
>on Sajid's body were at "unusual" places, and he was probably fired at
> from a distance of more than five metres.
>
>Dr K.L. Sharma said the ammunition used was smokeless. "Probably
>bullets packed with nitro-glycerin and nitrocellulose were used," he
>said. "But since there are multiple injuries on Sajid and Atif, it is
>clear that the firing was homicidal. You would describe this as mens
>rea in legal parlance," he added. Mens rea implies intention. Atif had
>two wounds on his chest, one on the left and the other on his right.
>He was probably standing when shot. Mail Today, Thursday, September
>25, 2008 Page 9
>
>
>THE FINDINGS
>
>1 They were shot either from a pistol or an AK-47
>
>2 Both were shot with an intention to kill
>
>3 They were fired at from a range of 1-5 metres
>
>4 Sajid was shot from an elevated position
>
>5 Sajid was either sitting or squatting when shot
>
>6 Sajid's death was instant. His brain was shattered Delhi bombers
>
>
>NHRC GUIDELINES
>
> All encounters should be probed properly and without bias
>
> Any death caused in an encounter would amount to culpable homicide
>unless it is established that the action was taken in self defence
>
> The probe report has to be submitted to NHRC within six weeks
>
> Investigation should be independent and cops involved in encounter
>should be kept out
>
>------------------------------
>
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>
>End of reader-list Digest, Vol 62, Issue 195
>********************************************