Thoothukudi Firing Incident: Panel Recommends Action On Collector, Police Officials

The Commission suggested requisite departmental action against the then district collector Venkatesh about his style of functioning reminiscent of abdication of his responsibility.

Sterlite shooting

Chennai: The commission of inquiry into Thoothukudi police firing resulting in 13 deaths and injuries to 100 persons in May 2018, suggested action against the then district Collector, police officers and deputy tahsildars for their acts of commission and omission besides enhanced compensation to the kin of victims.

The Commission suggested requisite departmental action against the then district collector Venkatesh about his style of functioning reminiscent of abdication of his responsibility.

"The conclusion then becomes irresistible that there had been excess on the part of the police. The totality of the facts and circumstances would not suggest that the police had been acting in exercise of the right of private defence. As a matter of fact it is not even the version of police," Justice Aruna Jagadeesan commission of enquiry report, tabled in the Assembly on Tuesday said.

The police officials jointly and severally accountable are IG Shailesh Kumar Yadav, DIG Kapil Kumar C Karatkar and SP P Mahendran and 17 officials, the report said and suggested departmental action and other actions known to law against three special executive magistrates/ deputy tahsildars.

Appreciating the gesture of providing employment on compassionate grounds to the eligible kin of the deceased, the report suggested a compensation of Rs 50 lakh to the kin/ legal heirs of the deceased after deducting the amount of Rs 20 lakh already paid.

"As for the injured, the commission recommends a compensation of Rs 10 lakh each, less the amount of compensation of Rs 5 lakh already paid to them," it said.

During the anti-Sterlite agitation, the district administration and police ought to have co-ordinated effectively, discussed the dos and don'ts mandated in the Riot scheme 2013. Its implementation would have certainly gone a long way in effective riot control management.

"There is demonstrable failure on the part of the officials concerned in complying with the requirements of the Riot scheme which would also be a cause and circumstance for allowing the situation to go from bad to worse," Justice Aruna Jagadeesan said in the report.

"Here is a case of police indulging in shooting from their hideouts at the protesters who were far away from them. There are materials in the shape of ballistic report that the shooting was long range shooting and not short range which is suggesting of the fact that the police went into hiding in the heritage park inside the collectorate wherefrom they have opened fire resulting in the casualties and grievous injuries to the protesters. Does it deserve a comment that is a dastardly act, the commission is left to wonder," she said in the report.

The shooting was unprovoked in as much as the harm that was sought to be averted was not more than the harm that would have been inflicted by not resorting to shooting. There might have been some circumstances even justifying the use of firearms but by avoiding such an use will a greater harm be occasioned in the decisive question - the answer is, of the two evils, the lesser evil is to be preferred and in the instant case the lesser evil is avoiding the use of firearm.

The commission has succinctly referred to the salient aspects supra ranging from the ineffective and ill represented peace talks on May 20, 2018 to the opening of fire on May 22 and 23, 2018 which was uncalled for and avoidable.

The cumulative effect of the various aspects would only impel this commission to come to the conclusion that it is not an instance of the police using appropriate force but has certainly exceeded the limit. There are procedural commissions and omissions as dealt with in the appropriate places of this report attending the opening of fire.

Weighing all the circumstances, the commission concluded that there certainly has been excess on the part of the police officials.