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Delhi cops file Jamianagar encounter affidavit

Vicky Nanjappa | October 20, 2008 12:38 IST

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Ever since the Jamia nagar encounter at L-18 Batla House occurred, it has been surrounded by controversies. While the Home Ministry and the Delhi [Images] cops claim that it was this encounter that helped them solve the mystery surrounding the recent spate of bomb blasts in the country, several activists have been claiming that the entire operation was fake.

The Delhi police while justifying their actions state in a detailed affidavit that their initial plan was to conduct a raid at Batla House, but matters turned ugly when the persons inside the house opened fire on them.

The affidavit submitted before the Delhi High Court gives details about the manner in which the events of September 19 unfolded. The affidavit states that the police team decided to conduct a raid at L-18 Batla House following specific intelligence inputs. The Delhi police in their affidavit claim that they had received information that Atif, a resident of Azamgarh was holed up in the flat at Batla House. They also had information that Atif was involved in the serial blasts that rocked New Delhi.

Narrating the sequence of events the affidavit of the Delhi police further states that they first knocked on the door but found it bolted from the inside. The team then tried to gain entry through a side door. A specific mention is made here that their intention was only to nab the persons holed up inside the house. However when the occupants opened fire at the police in order to evade arrest, the cops had no other choice, but to return fire in self defence. It was at this time that inspector M C Sharma was shot at along with head constable Balwant Singh.

While the police managed to apprehend Mohammad Saif, two others Junaid and Shazad escaped from the flat. However in the firing two other occupants, Atif and Sajid sustained bullet injuries the affidavit also states.

Reading through the affidavit closely one could come to the conclusion that there are certain ambiguities. While the affidavit explains in detail about the entire operation it also does make a mention that two persons holed up in the house managed to escape after the firing started. The point here is that there is no specific mention about the exit or door used by these persons to escape from the house.

Activists who have been demanding a judicial probe into this incident point out that it was impossible to get out of the house for two reasons. The first question that was raised is how did they manage to slip out when such a large numbers of cops were guarding the house. Secondly it was also pointed out that it is impossible to jump from the second floor and escapeas jumping off the second floor could have proven fatal and secondly assuming that these persons managed to jump, how did they manage to evade so many policemen standing guard.

The police state that following the encounter they managed to recover AK-47 series rifles with 30 live rounds each. They also recovered two pistols of 30 calibre.

Charges: The police say that the persons arrested have been booked under Section 186 (obstructing duty of public servant), 307 (attempt to murder), 332 ( vlountarily causng hurt to deter public servant from his duty) and 353 (assault or criminal force) of the Indian Penal Code. Apart from this they have also been charged under the Arms Act.

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