What Happened in Nalgonda ?

REPORT OF THE FACT FINDING COMMITTEE

I, Manikonda Vijay Kumar, Advocate, practicing at High Court has been to Nalgonda town on 16-12-2012 at about 11:00 A M to find out the facts about the incidents occurred on 10, 11 & 12 December 2012. I was accompanied by 3 of my brother advocate namely Sri Veerabrahma Chary, Sri D.K. Satyanarayanji practicing advocate from Mahaboobnagar and Sri Venkateshwarlu advocate from R.R.District recorded the statements of victims, eye witnesses, villagers and shopkeepers the brief report is as under.

1. On 10-12-2012 at Rahmed Nagar BTS Miryalaguda Road, Nalgonda, at about 1:15PM apetty accidenthas taken place between the auto and Motor Cycle, the auto drivernamely JellalaVenkanna R/o Rajupat of Thipparthy (M) who is in the dress of “Hanuman Malla” the rider andpillan rider of the Motor Cycle belongs to Muslim community, without any provocation they bet, J. Venkanna on the road and removed the Malla forcibly from his neck,passersbytried to pacify same and questioned about beating the Swamy mercilessly the two youth also tried to assault the passersby,in the mean while one ASI Special Branch namely Nazir intervened it is came to know that the said Nazir is happening to be a relative of the two Muslim Youth, Nazir ASI asked the two Muslim boys to go from that place and directed the SwamyJ. Venkanna to accompany with him, the wife of the Venkanna was also in the auto at the time of incident the auto has been taken to ITown police station, at that time there was no inspector and subinspector at station, onthe instruction of Mr. Nazir the head constable has taken the custody of the auto keys, questioned why he was detained along with his auto by leaving the culprits and he asked to take the complaint against the culprits in the mean while the Guru Swamy Mr. Modi SettyVenkatesh reached the police station requested the head constable to release venkanna and the auto immediately as they wanted to attend the Pooja and Biksha at Hanuman Temple and assured that he will come back after completing the Biksha along with auto, the head constable refused to hand over the auto, on whichJ. Venkanna and Guru Swamy left the police station completed their pooja and Biksha and they came back to police station along with other swamis numbering about 30 and insisted for registering the case against the persons who removed Mala forcibly and bet J. Venkanna as the officer incharge refused to do so all the swamis, sit infront of the I Town police station in protest against the incident for not registering the FIR against the culprits.

2. While Dharna is going infront of police station two Muslim youth came on Passion Plus bike and tried to dash the swamis who are sitting on the road infront of the I Town police station there was some exchange of words with the swamis and the youth came on bike, they left from the place on observing the gathering, in the mean while police started lotty charge on the swamis includes Hanuman and Ayyappa Mala Dharies, in the said incident the S.P of Nalgonda Mr. Naveen Gulati himself participated when S.P ordered for lotty charge the police were reluctant to raise the Lottie’s on the devotees, immediately he himself took the lotty and started beating the devotees to disperse them followed by the other police force, some of the devotees entered into the Hanuman Temple to protect themselves police entered into the Temple premises along with shoes and bet the Swamies mercilessly, some of them tried to escape and some of the devotees protested and received the lotty blows and police not allowed the other devotees to enter into the premises, the police under the supervision of S.P created a war like situation, on same day at about 8:00 PM the RDO Nalgonda called for the peace committee meeting the MaladharanSwamies has informed the RDO that they will be performing Kalasha Puja and that there will be a procession of KalashaYatra.

3. Accordingly at about 7:30AM Dt: 11-12-2012 Kalasha Puja Yatra has started by the Ayyappa and Hanuman Maladharies while yatra was going, on reaching I Town P.S. the police started obstruction at 9:00 AM and not allowed to move further, these swamis moved towards MRO office the S.P. Nalgonda reached there and he himself started lotty charge on the devotees, at that juncture some of the devotees revolted heavily for his unnecessary interference as the S.P was not having sufficient force he was trying to withdraw from the place, some persons from outside pelted the stones on the S.P and his car back side mirror was damaged the S.P. & DIG was unable to digest the incident and shown their anger on the devotees by bringing additional force and started beating the persons who were available on the spot which includes the Maladhari devotees, common public, children and women, the many witnesses revealed that the armed personalities bet the swamis mercilessly and a boy of 13yrs old swamy was also not spared by them, the women were unable to see the massacres on the swamis, tried to pick up the victims from their custody, the police has not spared even the ladies who are tried to prevent them from their beating, that the swamis are ran here and there to take shelter, the armed cops went throughout the area Hanuman Nagar and other places, forcibly entered into the houses by trespassing in search of them, that the some of the people locked the doors from inside scared by the police, the police even damaged the windows and doors and taken forcible entrance into the houses and damaged the movables and kicked the utensils.

4. They used the tear gas even though there was no protest and gathering in the residential area, thereby the women, children and aged persons faced much difficulty for breathing and some of them fell unconscious about 3hrs, some of the women were also bet by the police without there being any reason they have collected two used tear gas cells from the residential locality.

5. That the BJP leaders were participating in the 3days hunger strike/dharna was going to be concluded on 11-12-2012 at 6:00PM they could not be able to take any part to protest the incident, at about 4PM many devotees and other people rushed to the BJP tent and informed about the incident and requested repeatedly to interfere into the matter at that juncture Mr. Chinta Sambha Murthy and Nookala Ram Reddy advocate been to the place to take the clarification from S.P about the incident that the S.P knowing fully well about the identity of the persons he himself bet the chintaSamba Murthy with his stick and surrounded by 5 to 6 sub-inspectors,one among them kicked him due to which he fell down on the road, then NookalaVenkatareddy tried to protect Mr. Samba Murthy he too was bet mercilessly and it was informed to us that the visual clippings were shown in the electronic media about the incident, that both Mr. Sambamurthy and Nookal Ram Reddy were admitted in hospital as inpatient for 3 days.

6. For beating the Nookala Ram Reddy Advocate by the SP the Bar association Nalgonda has given boycott call on 12-12-2012 and demanded to conduct Judicial enquiry the copy of the resolution was also sent to the government with a request to initiate the action against the S.P Nalgonda to take Criminal action against him and his subordinates for the creation of panic situation and beating the women children the devotees indiscriminately and damaging the properties by trespassing in to the respective houses of the citizens.

7. Abundh call has been given on 12-12-2012 and the public participated in the bundh and protextagainst the illegal acts of the police.

8. That the police has registered 9 cases relating to the 10th and 11th incidents, only 2 petty cases has been registered against the Muslim youth and 7 cases has been registered against the others in two cases 43 persons are shown as accused out of them 21 persons has been arrested on 13-12-2012 and as on the date of 17-12-2012 they are in judicial custody at Nalgonda Jail, other 22 persons who are none other than MallaDhariSwamies of Ayyappa and Hanuman are shown as absconding, in other cases the names of the accused are not mentioned in the accused column, it is shown as unknown persons. In the criminal cases the victim J. Venkanna name also shown as accused as absconding who has been to PS to lodge the complaint about the incident, in the criminal cases also the police misused the powers and charged under the PDPP Act under the said provision the case is terrible by sessions judge and bail has to be granted by the same court for which it will take much time to get bail. Majority of the persons whose names are shown as accused in the cases are belongs poor, class IVth employees and belongs to SC caste and other backward classes.

9.On our physical verification and visit in the locality the people are in fear of police arrest,and use of third decree method by the police. even at that time also some houses were totally locked and appears to be not residing for the time being, anticipating the police torture and some of them informed that the police are coming to their houses in the odd hours in the night and searching the houses.

10. Further the police were alsophysically searching Maladhari devotees in the town as if they are carrying the weapons,they are not even spearing photo journalist who is also aswamy.

11. That the entire incident is not relating to any communal violence, it is a petty issue where the S.P is in the head quarter could not be able to handle the situation by taking immediate action against the ASI and others who detained venkanna and his auto. The revolt if any from the public it is quite Natural.Further no political party involved directly or indirectly except as stated above. The two CDs of audio and video visuals shows the someof incidents.

12. That the Act of the S.P Nalgonda is totally illegal unconstitutional the fundamental rights of the people in the town are totally infringed and SP has become a dictator, lawlessness is prevailing in the town and the people are waiting for the help from the outside, to set them liberty from clutches of the S.P. Nalgonda Mr. Naveen Gulati. Religious sentiments of people are insulted as the armed police entered in to the Lord Hanuman temple with shoes and bet the innocent devotees and used tear gas cells from the temple premises. It is very much necessary to appoint an enquiry commission on the incident and highhanded behavior of S.P.Nalgonda, and to pay the victim compensation by the state.