INDIA: Army deployed to counter insurgency in Assam allegedly involved in extortion and burglary in Arunachal Pradesh

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that army personnel deployed in Assam to counter insurgency are allegedly involved in an extortion and burglary activity in Arunachal Pradesh. On 18 July 2013, four army officials along with five civilian touts were arrested by the Arunachal Pradesh police while they were attempting to escape with arms and looted money. Arunachal Pradesh is a state located in north eastern region of India bordering China. Local civil society in Arunachal doubts free and fair investigation into the case and apt punishment for the perpetrators as special security laws like the Armed Forces Special Powers Act, 1958, are often used to provide virtual immunity for army personnel from legal proceedings.

CASE NARRATIVE:

Information received from a civil society organization in Itanagar, Arunachal Pradesh, is as follows. On 18 July 2013, at around 7 p.m., Mr.Tana Karan, a 45 years old man and son of Mr. Tana Tasap of Rumi village (Toru), Sagalee (Police Station), Arunachal Pradesh, reported to Doimukh Police Station (PS) and informed the Officer in Charge (OC) that a group of people wearing army uniform had looted a sum of INR 7,00,000 (USD 11,500) at gun point from his residence situated at lower NEEPCO Colony, Doimukh, and fled away in a Tata Sumo (Vista) Silky Silver colour, carrying no vehicle registration number.

On receipt of this information, Naharlagun Police, Itanagar, (OP Nirjuli,) Check gate Gumto and Banderdewa were alerted instantly. The Police team under the leadership of Circle Inspector of Police and all available police staffs of Doimukh chased the vehicle. The vehicle was stopped at Banderdewa check gate, located at the Arunachal Pradesh and Assam border, at 7:30 p.m. by Banderdewa police staff and Central Reserved Police Force (CRPF) personnel. All nine occupants of the Tata Sumo were de-boarded and taken to Banderdewa PS for interrogation.

Of the nine, four persons wearing army uniform disclosed their identity as member of Indian Army, 138 Medium Regiment, Headquarters (HQ) at Likabali and Temporary Operation Base (TOB) at North Lakhimpur, Assam, bordering Arunachal Pradesh. Three of personnel had arms in their possession, while the Junior Commission Officer was without arms, though he had two black bags in his possession. The army personnel were asked to hand over their arms to the police but they refused to hand over the same to the police. Then they were asked to discharge the magazines. Accordingly, they removed the magazines from the rifles. After the magazines were removed, civil police personnel snatched away the arms. Upon disarmament, interrogations were carried out in presence of Superintendent of Police, Papum Pare, Mr. Nabam Gungte, and the individuals disclosed their identity belonging to Indian Army, 138 Medium Regiment (Artillery), Headquarters at Likabali (TOB) North Lakhimpur, namely:

1. NO. JC273007W Naib / Subedar R. K.Yadav, age 44 years, s/o Late Hira Singh Yadav, Village Choura, P.O. Khurupur, P.S. Hatuwa junction, District Patna (Bihar)
2. NO.15229506X Rifleman Panjara Chandu, age 22 yrs, s/o Late Lachaya, Village Nandimodaran, P.O. Nandimodaran, P.S. Dharamaran, District Karim nagar (Andhra Pradesh)
3. NO.15225185N Rifleman Arun Sarkar, age 24 yrs, s/o Shri Arbind Sarkar, Village/ P.O. Sangrampur, P.S. Basirhat, District 24 Pargana (West Bengal)
4. NO.15219428X Riflemen Pradeep Kumar, age 25 yrs, s/o Shri Hemchand, Village Chhadila, P.O. Datanput, P.S. Jhajjar, District Jhajjar (Haryana).

While the other five civilians in the Sumo Tata vehicle disclosed themselves as:

1. Sultan Mohmad (Army informer), age 40 years, s/o late Ainuddin, Village Kehotuli NO-1, P.O. Dharmapur, P.S. Laluk, District North Lakhimpur (Assam)
2. Md. Jahirul Haq Talukdhar, age 19 years, s/o Md. Malirul Talukdhar, Village/P.O. Daulatpur, P.S. Bihipuria, District North Lakhimpur (Assam)
3. Md. Apikul Islam, age 26 years, s/o Md. Abdul Manhar, Village Hamidpur, P.O. Islampur, P.S. Bihipuria, District North Lakhimpur (Assam).
4. Md. Riyajul Islam, age 36 years, s/o Md. Mujahiddin Islam, Village Islampur No. 2, P.O. Islampur, P.S. Bihipuria, District North Lakhimpur (Assam).
5. Shri Ganesh Chetry, age 30 years, s/o late Badra Bahadur Chetry, Village Kulabari, P.O. Kulabari, P.S. Boginadi, District North Lakhimpur (Assam), who was the driver of the Tata Sumo.

During the course of investigation, there were notable seizures from the Army personnel. From Army personnel Chest no. JC273007W Naib Subedar R.K.Yadav, two black bags containing INR 6,89,500 (USD 11245), a total of 718 pieces of paper for making fake currency notes, two plastic bottles containing liquid substance for making fake currency note, a yellow colour file, one mobile set with SIM, and one identity card no. 15104962H of Army Havalder G.D. Rabindra Kumar were seized. And, from the other three army personnel, three A.K. 47 Rifles, six magazines, 180 rounds live ammunition, three bullet proof jackets and three mobile sets with SIM were seized.

From the possession of five civilians, the seizure included a Tata Sumo without vehicle registration number plate, having engine No.254701153815, one vehicle registration plate read inside the seized vehicle reading AS-07A-9777, and six mobile set with SIMs. 

A First Investigation Report (FIR) was registered by Doimukh PS with reference no. C/NO.30/2013 U/S 397/120(B) IPC R/W Sec. 27 Arms Act. The accused were produced before the Judicial Magistrate First Class (JMFC), Doimukh on 19 July 2013 and were remanded to police custody for 14 days.

The army officer Lieutenant Colonel. Y.N. Yadav, along with other officials from 138 Medium Regiment of Likabali, reported to Naharlagun PS at 1 p.m. on 19 July 2013 and met the arrested army personnel. Y.N. Yadav confirmed that the arrested 4 army personnel belong to his Regiment, i.e. 138 Medium Regiment of Indian Army stationed at Likabali. He also verified the seized arms and ammunitions including bullet proof jackets and confirmed in writing to the undersigned that the seized properties belong to his unit.

During interrogation, Naib Subedar R.K.Yadav stated that his informer Sultan Mohmad had given him a source that a local person of Doimukh was having an illegal weapon in his possession and he had come to Doimukh for recovery of the said arm. The three other army personnel arrested stated that they do not know anything as their commander did not brief them about the operation.

Lt. Col. Y.N. Yadav stated that 18 July 2013 was the raising day of their battalion and everybody was busy in the celebrations till 11:30 p.m. The HQ has no knowledge of any such operation and did not issue any order for conducting operations within Arunachal Pradesh.

The fourth accused among the civilians, Md. Riyajul Islam, stated that he had boarded the Army vehicle (Tata Sumo) from Laluk (Assam) and that they had all jointly made a plan for carrying out extortion at Doimukh, under the guidance of Naib Subedar R.K.Yadav and Sultan Mohmad (Army informer). They have decided to distribute the extorted amount equally after the completion of the operation.

The statement of Naib Subedar R.K.Yadav describing a so-called search operation at Doimukh appears to be meaningless and full of lies as his HQ had no knowledge and local police of Papumpare had no information about any such operation from any authority. The three army personnel who were arrested had no knowledge of any search operation inside Arunachal Pradesh. The commander R.K.Yadav put on the rank of Naib Subedar but he was having identity card of another person called Havaldar (GD) Rabindra Kumar, apparently to disguise himself.

The removal of the vehicle registration number plate from the vehicle and crossing the Gumto Check Gate at 4:03 p.m. was a part of a deliberate plan to escape after commission of the crime so the Police may not trace them out them in the future. Naib Subedar R.K.Yadav claimed that he was the commander of the search operation team, but it was found that he was without arms and bullet proof jacket and that he was carrying two black bags containing 718 pieces of currency size white paper and two bottles of liquid substances for making fake currency notes. The robbed amount of Rs 6,89,500 (USD 11245) was also recovered from his possession. The perpetrators did not issue a seizure memo to Tana Karan and should have reported to the nearest police station of the area.

If the accused really wanted to carry out a search operation, they should have informed police of Gumto Check Gate, Doimukh, Nirjuli, and Banderdewa. Rather, they were running away with the robbed amount, and the state police had to chase them to stop them at Banderdewa Check Gate at gun point. Even after their detention, they refused to surrender their weapons, until they were compelled to lay down their arms forcefully. When local police questioned Subedar R.K.Yadav about his use of five civilians belonging to Assam to conduct the search operation he could not reply. 

According to the local police, after having gone through the facts/evidence on record so far, it revealed that the extortion committed at the residence of Mr. Tana Karan was pre-planned and master minded by Naib Subedar R.K.Yadav and Sultan Mohmad.

On the same day i.e. 18 July, at 9 p.m., citizens from Banderdewa, Naharlagun, and Itanagar staged an agitation at Banderdewa Police Station protesting army personnel involvement in extortion, arguing that defence personnel were supposed to protect the nation and supposed to safeguard citizens. When the situation went out of control, the accused and seized properties were shifted to Naharlagun PS at 10 p.m. and lodged at Naharlagun P.S. custody.

Over the last few days, students unions and civil society of Arunachal Pradesh have been expressing their concern and protesting the actions of the security personnel.

ADDITIONAL INFORMATION:

Arunachal Pradesh, bordering China, is one of the most thinly populated states in India. However, it is heavily militarized due to the international border. The draconian Armed Forces Special Powers Act, 1958 (AFSPA) is applicable in two districts of Arunachal Pradesh, namely Tirap and Changlang, and 20 k.m. area bordering Assam. As per Supreme Court guidelines in the Naga People’s Movement for Human Rights vs. Union of India, 1997, before launching any raid/search, definite information about the activity is to be obtained from the local civil authorities as army deployment is merely to ‘aid the civil authority’. Since no such request for cooperation from local police was sought in this case, there is reasonable doubt that the army officials with the help of civilians might have been involved in extortion and burglary. At present, there is a general apprehension that a proper investigation will not be possible, as the armed forces empowered with AFSPA enjoy virtual immunity, and the Act prescribes prior sanction for initiating legal proceedings against the armed forces. An independent investigation may get vexed as the army PRO termed the allegations as ‘baseless’ before the media on July 23, 2013, and also added that ‘weapon, ammunitions and equipments are carried by army personnels [sic] as they are authorized as per the nature of their duty’. Several other reported incidents in the region point to the Armed forces constantly being involved in activities outside their assigned duty, committing acts purely criminal in nature in the name of countering insurgency. Armed forces actively involved in drug smuggling have recently been reported in the northeastern state of Manipur as well.

SUGGESTED ACTION:

1) Urge the concerned officials in the administration and in the armed forces to carry out an impartial, free, and fair investigation;
2) Immediate suspension of army personnel involved in the incident till the investigation is completed and appropriate punitive action upon completion of the investigation if the accused are found guilty;
3) Provide adequate compensation to the victim of the burglary and extortion;
4) Urge the government of India to repeal Armed Forces Special Powers Act, 1958, from the north east of India, where it provides virtual immunity to armed forces for acts of corruption, violence, and violation of human rights.

The AHRC will write a separate letter to the UN Special Rapporteur on Rights of the Indigenous Peoples calling for intervention into this matter.

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