123456 123456 123456 123456 123456 123456 CHAPTER-I 123456 123456 123456 123456 123456 123456 123456 123456 123456 INTRODUCTION 123456 Ramanathapuram District is unique in many respects, particularly for its strategic position, distinct composition, antiquity, role in National movement, controversial Sethu Samudram Project, richness of bio- diversity in Gulf of Mannar, proximity to Ceylon, religious importance and also communal frenzy. Among many significant things, Rameswaram is in this district which is called the “Benarce of South”. This attracts many visitors, tourists and pilgrims. Another significant thing is Rameswaram temple – its beautiful pillared corridor that is the longest in the world. On the structures of the temple Ferguson says this is the specimen of Dravidian style. The earliest inhabitants of the District are Mukkulathore viz., Kallars, Maravars and the Agamudaiyars, Nadars, Chettiars, Yadavas, Dalits and the later additions are Muslims and Christians. The post independent history is dotted with occasional communal tension due to several reasons. A big communal conflagration after the General Election in 1957 in Mudukulathoor and Kamudi regions. The peace talks presided over by the then Collector Mr. Panikar precipitated the matter worse which culminated into the brutal murder of Immanuel Sekaran who fell a martyr of Dalit Liberation. This signaled frequent communal tension in the district. The assertion of the dominant communities, the State’s sanction for it and subsequent developments prompted anti-thesis. Since then every year, on the occasion of Thevar Guru Pooja, a state function and the Guru Pooja of Immanuel Sekaran, the tranquility of the district was marred. Since the issuance of commemorative stamp with the portrait of Immanuel Sekaran by the Government of India and the promise to announce the Guru Pooja of Immanuel Sekaran as State function by AIADMK once it returns to power, the hopes of the Dalits and their conglomeration were ever on the increase. Consequent to the firing on innocent people at the Ainthumukku (Five Corners Junction), Paramakudi, on September 11, 2011, the Action Committee constituted a jury consisting of individuals from various walks of life and headed by Justice H.Suresh (Retd), former judge of the Bombay High Court. The Jury held a public inquest, recorded statement of the various victims and witnesses at Paramakudi and Madurai on October 22nd and 23rd, 2011. The Members of the Jury also interacted with the Revenue and Police officials including the District Collectors and Superintendents of Police, of the three districts of Ramanathapuram, Sivagangai and Madurai, the Inspector General of Police and Senior Police Officers who were drafted from other parts of Tamil Nadu. The terms of reference of the said public inquest were to specifically investigate and find out, through recording of evidence and the collection of documents, the following: a. The veracity of the statement by the Hon’ble Chief Minister on the floor of Tamil Nadu Legislative Assembly on the 12th September 2011 about the causes that led to police firing in Paramakudi. b. The run up of incidents prior to the death anniversary of late Dalit leader Immanuvel Sekaran engaging the District Administration, Ramanathapuram District, the police in the district and Dalit leaders including the murder of Dalit student Palanikumar on the night of 9th September, 2011, the restriction of Mr. John Pandian from entering Ramanathapuram district, etc. Report of the Public Inquest on the Paramakudi firing 1 c. The cause that led to the use of force and fire arms at Chinthamani (Madurai District), Ainthumukku, Paramakudi (Ramanathapuram District and Ilayankudi (Sivagangai District) on 11th September, 2011 leading to the deaths and injuries of several persons. d. To ascertain whether all precautions that are required to be followed by the Law Enforcement Officials as outlined under the existing legal standards / conventions / covenants - National and International - were observed prior to the use of force and fire arms. e. To ascertain the incidents thereafter in providing medical treatment to the injured, arrest and threats if any to the people in their villages after the incidents, etc. f. To recommend suitable measures for prevention of such occurrence and specific measures to be followed by the Government during similar instances in future. g. To render concrete justice to the victims of violence, by assessing the relief, reconciliation, rehabilitation and resettlement and suggest curative remedial measures. h. To look into the appointment of Justice Sampath Commission of Enquiry in the specific context of the existence of the National and State Human Rights Commissions (NHRC / SHRC), under the Provisions of the Protection of Human Rights Act, 1993 especially in cases of such incidents of violence alleged against the instrumentalities of the State. The Jury was headed by Justice Sri H. Suresh (Retd.), former Judge of the Mumbai High Court and comprised the following: 1. Mr. P.S. Krishnan (IAS Retd, Former Secretary, Government of India). 2. Dr. V.Vasanthi Devi (Former Vice Chancellor of M.S. University and Former Chairperson of Tamil Nadu State Commission for Women) 3. Dr. K.S. Subramanian (IPS Retd, Former DGP of Tripura). 4. Prof. Balaram, (Former Acting Chairperson, SHRC Kerala). 5. Mr. V. Karuppan (IAS Retd, Former Secretary to the Government of Tamil Nadu). 6. Mr. R. B. Sreekumar (IPS Retd, Former DGP, Gujarat). 7. Dr. J. Rajkumar (International Consultant, Human Rights Training, Chennai). 8. Dr. Ruth Manorama, (National Convener, National Alliance of Women’s Organisation and National Federation of Dalit Women). 9. Ms. Sudha Ramalingam (High Court Lawyer, Chennai). 10. Dr. Krishna Ananth (High Court Lawyer and Journalist, Chennai). 11. Dr. Xavier Selva Suresh (Professor of Forensic Science, Tamil Nadu). 12. Mr. Ponneelan (Renowned Tamil Writer, Tamil Nadu). 13. Prof. Kalvi Mani (Senior Human Rights Activist). 14. Mr. Thiyagu (Senior Human Rights Activist). Report of the Public Inquest on the Paramakudi firing 2 Legitimacy of the Public Inquest: It is pertinent to note that on the eve of this Public Inquiry, Mr. Sivakumar, the Inspector of Police, Paramakudi on the day firing (since transferred to Sivagangai) had filed WP No. W.P. (MD) No. 12208 of 2011 , in the Madurai Bench of Madras High Court to stay the proceedings of the public inquest. Mr. Justice Ramasubramaniam before whom the Writ petition came for admission dismissed it observing that Non-Governmental Organisations (NGOs) cannot be prevented from forming fact-finding teams to hold inquiries into violent incidents on the sole ground that it would amount to conducting a parallel inquiry when the issue concerned was sub-judice or under the scrutiny of a judicial commission. The Hon’ble Judge made elaborate observations lending legitimacy to this Public Inquest. The Court held that: “The law has travelled a long distance, in the past few decades, from the confines of the Code of Criminal Procedure. Traditionally, the Cr.P.C. knew of only one investigation by the Station House Officer. Today, law has recognised several types of parallel enquiries, apart from the investigation that could be conducted in terms of the Code of Criminal Procedure.” The Judge went on the say that, “For instance, parallel enquiries by various Commissions such as the National/State Human Rights Commissions, National Commission for Women, National Commission for Scheduled Castes and Scheduled Tribes and the like, have come to be recognised by law itself. Apart from these we have come to a stage where Special Investigation Teams were constituted in a few cases which have come to be monitored by the Courts themselves at least up to the stage of filing of final reports.” The Judge also added that “Even International Organisations, which have a conflict-resolving or a peace-keeping mandate or which deal with human rights problems, today possess an implied power to establish ad hoc fact-finding bodies. Ever since World War II, the international community has grown increasingly towards the development of a system of international jurisdiction, complementary to that of domestic courts, even to try people accused of genocide, war crimes and crimes against humanity.” Recalling the Armed Conflict in Balkans leading the United Nations to set up an International Criminal Tribunal in The Hague the Hon’ble Judge then pointed to that the Special Courts were set up to prosecute domestic and international crimes in places like Kosovo, Bosnia, East Timor, Sierra Leone, Cambodia and recently in Lebanon. Even International Organisations such as Amnesty International go on fact-finding missions. Ever since 1967, the United Nations Commission on Human Rights had established several fact-finding bodies. The Editors Guild of India itself had sent a fact-finding mission to Gujarat in the aftermath of the communal riots that took place in February 2002. Hence the Hon’ble Judge held that “the argument that there cannot be a parallel inquiry by a non- governmental organisation cannot be accepted”. However, the conclusions reached by the fact finding committees were not binding on any authority including the courts which would be carried away only by the evidence let in before it and not by the conclusions of fact finding teams appearing in newspaper reports. Report of the Public Inquest on the Paramakudi firing 3 The Jury has decided to present the report of this public inquest with all annexures to the following: