We will not let the sacrifice of Shipsu victims vanish in the air - Ranjan Sharma

On the incident dated  08.02.2011 at Shipchu Forest village,  wherein three GJM supporters had lost their lives in a protest rally in support of  Gorkhaland ,  a complainat had been filed before the National Human Rights Commission ,  New Delhi.  Ranjan Sharma, General Secretary of Delhi unit of GJMM  said that Delhi unit  has been following the developments in the proceedings. The Commission had summoned investigation report, charge sheet, medico legal report, autopsy report of the deceased, statements of witnesses and all other relevant documents pertaining to the case.  The Commission also received a letter, dated 22nd March 2013, in which the General Secretary, Janmukti Secondary Teachers' Organization, Central Committee, claimed that their no proper notice was ever given to the families of the deceased to appear before the Magisterial enquiry, nor was any sincere effort ever made to notify them of the same.

The Commission then sought reply from the administration and the Magistrate in his reply recorded that he did indeed send notices to those principally concerned, who received them but did not appear before him.  The relevant section of his report is reproduced below: "I gave a notice to all of them to be present at the MAL, AOO Office on 03/05/2011 at 11 AM and depose in front of me. The relatives of the deceased and the MLD Kalchini received the Notice but was not present on that day for giving deposition. They were communicated that the process of taking deposition will continue up to 04/05/2011, 5 PM, but they did not respond".

In view of the above , since none from the family of the deceased appeared to depose and record their statements before the Magistrate the Commission in its final order dated 03.04.2013 has observed that  “ We  see no reason to disregard this categorical statement recorded by the Magistrate in his report on an enquiry.  We are unable to accept the contention of the complainant that the Magistrate had not given a proper notice to the families to the deceased. On the substance of this incident, the Commission has already recorded its view that an examination of the report of the magisterial enquiry does not lead to the conclusion that there was any deliberate violation by public servants of human rights. The Commission will therefore proceed no further with this case and hence the file is closed”.

Ranjan however says that though the complaint has been dismissed by the NHRC this is not the end of the road. The NHRC is like an investigative and recommendatory body with limited power of prosecution. We still have an option under Clause 32 of National Human Rights Commission Regulations, to file a Review Application requesting the Commission to review its final order.  As per NHRC Rules the matter will be taken up by the same bench of judges who passed the preceding order. We are hopeful that the Commission will relook into the issue and grant a final opportunity to permit the family member of the deceased to depose and record their statement, so that truth may come out and justice will prevail.  We also have the option to challenge the order of the Commission under Article 226 of the Constitution before the High Court seeking for a Criminal writ. Ranjan says that the battle is not over yet.  We shall leave no stone unturned , we will follow the due process of law to give justice to the deceased and to our cause.  Ranjan says that “we value the lives that have been lost and we will not let their valuable sacrifice vanish in thin air. If need be, we shall approach to the apex court till the final legal remedy gets exhausted.