‘Trigger-happy culture’ strains Assam’s ties with Meghalaya; BJP in a bind

The recent fallout of the “trigger-happy culture” of Assam police, which resulted in the killing of five persons from Meghalaya, continues to be severe. Relations between Assam and Meghalaya continue to be affected, with internet services being shut down by the latter.

The incident came on the heels of a slew of alleged extra-judicial encounters in the state, a trend that has gone up after the BJP came to power for a second consecutive term last year. The state government has continuously promoted it, drawing the ire of the judiciary, human rights bodies, and opposition political parties.

In an endorsement of encounters, Assam Chief Minister Himanta Biswa Sarma, who also holds the Home portfolio, said last year that police have full operational liberty to fight criminals, when the Opposition raised the question of encounters by Assam police in the Assembly.

However, now, in an attempt at damage control, Sarma has softened his government’s stand and said that he has asked the state police to restrain the use of lethal weapons while dealing with civilian issues. He further added that the state government has requested the Centre to assign the investigation to a neutral agency such as the Central Bureau of Investigation (CBI) or the National Investigation Agency (NIA).

Also read: Assam lifts travel restrictions to Meghalaya, six days after border violence

According to Assam police officials, the incident occurred early on Tuesday after the police intercepted a truck loaded with illegally felled timber in an area bordering the West Karbi Anglong district in Assam and the West Jaintia hills in Meghalaya. But a mob surrounded the police personnel, due to which they had to open fire in self-defence. Six people, including an Assam Forest Guard, were killed in the incident.

“99% encounters fake”

The Chief Judicial Magistrate of Dhemaji district in Assam in July came down heavily on the Assam Police over an encounter carried out last year on a man named Rintu Sarma, days after he murdered a college girl named Nandita Saikia. Sarma survived the encounter but had to be hospitalized.

The Assam government, in an affidavit before Gauhati High Court this year, stated that the Assam Police had conducted 171 encounters between May 2021 and August 2022.

According to human rights and social activist Dibyajyoti Saikia, there is a difference between tough action against criminals and shooting at the accused to control crimes. “The Assam police seem to have developed a sense of impunity after the multiple encounters in the state, and this could be one of the reason behind the recent firing incident,” said Saikia.

Saikia, who raised the issue of encounters in Assam before the Assam Human Rights Commission, said 99% of the encounters carried out by the police were fake.

Also read: NE, Assam marched ahead in 8 years of BJP rule under Modi: Shah

Meanwhile, the incident has left both the state governments red-faced as incidents of arson, sit-in protests, and non-cooperation broke out in Meghalaya. In an apparent attempt at damage control, Meghalaya Chief Minister Conrad Sangma, whose party NPP is a BJP ally, slammed the Assam government, calling the encounters a gross violation of human rights. He also urged the chairman of the National Human Rights Commission on Friday to take action at the earliest.

This incident has happened at a crucial time, as both the Assam and Meghalaya governments are scheduled to hold the next round of the border talks shortly and the latter is going for assembly polls early next year, where the BJP is planning to contest solo. At the same time, Assam CM Sarma is looking to play an anchor role.

Same modus operandi

According to activists working on human rights issues in the state, the issue came to the fore after a similar pattern was identified in the modus operandi of the encounters.

Arif Jwadder, a lawyer from Assam who had filed a Public Interest Litigation on the encounters and custodial killings in Assam, said the spree of police encounters had started from May last year and, by around July, when around 12 encounters had been conducted by Assam police, it was seen that the modus operandi of all was the same.

“In all the encounters police had conducted in this period, they took the accused to recreate the crime scene at night and after that, they had to stop to answer nature’s call and, finally, the police had to fire in self-defence,” said Jwadder.

Also read: BJP-ruled Assam’s scooter scheme goes against ‘revdi culture’ which Modi shunned

“One could make out that the encounters were fake after minutely looking at the police statements and some of the media reports. I then started to work on the PIL,” said Jwadder.

In response to Jwadder’s PIL, which was admitted by the Gauhati High Court, the Home department of the Assam government filed an affidavit. According to it, from May 2021 to August 2022, 171 such incidents (of encounter) took place in the state.

“Of the 171 incidents, 145 people were injured and 56 persons had died including 4 custodial deaths in police custody/ police action,” states the affidavit filed by Animesh Talukdar, Joint Secretary, Home and Political department of the Assam government.

The affidavit further states that 171 FIRs have been filed for investigation against all the 171 incidents, but little progress has been made in the investigation in all these alleged encounters.

Jwadder further said the contents of the FIRs filed after the encounters are almost same, and in both the encounters and the investigations after the encounters, the law of the land has not been followed.

“There are clear-cut guidelines laid down by the Supreme Court of India, and these have not been followed,” added Jwadder.

Former special DGP of Assam Police, Pallav Bhattacharya, acknowledged that police encounters takes place, but added that this very sensitive subject will become clear from the outcome of the PIL that has been filed in the High Court (by Jwadder), as the court will hear all sides and give its judgment.

Also read: 34 arrested in Assam for ‘links’ with Al-Qaeda

Bhattacharya, however, said there is a trend that hardened criminals come out of jail after three months and again start their criminal activities. He added that instead of encounters, a much better way is speedy investigation and the quick filing of chargesheets, and quick judgment by the courts.

Fissures in political ties

This incident has once again pushed the BJP on the backfoot in Meghalaya. Fissures had already emerged in the Meghalaya Democratic Alliance (MDA), in which the BJP and NPP are constituents, when the saffron party tried to push its aggressive Hindutva agenda in the state.

Fearing more fissures in an already strained relationship with the NPP in Meghalaya, the state’s BJP unit called the incident “…cold-blooded murder by Assam Police and Forest Personnel. The incident has gone on to create a hue and cry across Meghalaya.”

In a sharp attack on the BJP-led Assam government, Meghalaya BJP MLA and Cabinet minister in the MDA government, Sanbor Shullai, said such high-handedness by police against innocent civilians will not be tolerated. In a letter to the Assam CM, he said that “the use of force by Assam Police along border areas has always created a sense of insecurity among the people of Meghalaya and it feels like they are trying to force their way into Meghalaya territory. This development has led to fear among the people residing in the bordering village near Assam who are genuine citizens of our country.”

The Meghalaya Assembly elections are slated to be held early next year. This time, the BJP expects to better its performance after a disastrous performance in 2018, when it could win only two of the 47 seats it had contested.