Blood on his hands, but still a free man

Accused of authorising his gunman to fire on civilians using his official AK47 in 2006 B Dayananda was never taken to task for the death of two people and instead was elevated to Joint Commissioner He was also accused of three fake encounters when he was the appointed Superintendent of Police of Dakshina Kannada district The Peoples Union for Civil Liberties PUCL claims that the faith of the civil society in a transparent system has been completely shattered The issue has been rekindled as even four years after committing a grave offence Joint Commissioner of Police B Dayananda has not been taken to task Moodbidri Judicial Court in Dakshina Kannada had registered a double murder case under IPC 302 against B Dayananda in connection with the killing of two civilians at Mulky town In 2006 Dayananda was the appointed SP of Dakshina Kannada district As per government rule officers working in a naxalinfested area are given an AK47 Rifle However after a procession turned violent he allegedly authorised his gunman to open fire on civilians with the weapon resulting in the instant deaths of two members of the crowdThorough probeThe PUCL filed a complaint at the National Human Rights Commission NHRC on the matter and four years after the incident occurred and post several probes that absolved the cop now the NHRC has ordered a full bench hearing into the matterWe filed a complaint at the NHRC in July 2007 and the matter was taken up and the DGP Administration Karnataka Police was asked to file a report on the incident The DGP asked the local IGP Western Range to send the same report to them which could be forwarded to the NHRC said B V Seetaram Vice Chairman PUCLMiD DAY has in possession the report that the then IGP HNS Rao sent to the DGP Administration in which he confirmed that Dayananda breached the instructions of the MHAThe MHA circular a copy of which is available with this paper was first issued in May 1990 and then reconveyed to all SPs by the DGP of Karnataka through a circular 27200203 The circular states Under no circumstances Rifle AK47 to be used by police forces deployed to control Law and Order situations mob violence riots etcThe DGP forwarded the same report to the NHRC and the commission ordered the District Magistrate to probe into the matter where it was concluded that the force used by Dayananda was not excessiveBased on the conclusions of the magistrate enquiry the PUCL again petitioned the NHRC citing that the enquiry was inadequate The NHRC then asked the CID to probe the case in December 2010 The CID then absolved the SP and claimed that since the SP was in a hopeless situation he had to give the orderState authorities have sought to defend the SPs action saying that the situation was getting out of control and Dayananda had no other choice Even if a situation existed for firing conventional weapons other than an AK47 could have been used Does the retribution not follow an act of sin by the IPS officer questioned P B Dsa State President PUCL Dakshina KannadaAfter both the probes absolved the officer PUCL wrote to the DGP Home Secretary Chief Secretary and petitioned the Secretary MHA Govt of India in the matterIn June this year the NHRC proceedings observed From the perusal of the papers available on record it is clear that by the use of AK47 rifle against the civilians in DK District two persons succumbed and a few others sustained bullet injuries Since it is an issue of national importance and also it is a case of death of two civilians by the use of AK47 rifle by police officer place the file before the full commissionMeanwhile the Moodbidri Judicial Court in Dakshina Kannada had also registered a double murder case under IPC 302 against B Dayananda former SP of DK district in connection with the killing of two citizens at Mulky townNot following rulesHowever the main question the civil society is posing before the Karnataka government relates to the purposeful elevation of Dayananda to higher positions despite the NHRC nailing him for this illegality and violating the MHAWith Dayananda being an official accused in the murder case he should be immediately suspended from service till the court absolves him of murder charges There is one set of rules for ordinary people and another for an IPS officer said P B Dsa in his letter to State Home DepartmentMiD DAY questioned Dayananda on the matter but he claimed that he has filed his report to the NHRCI have not been intimated by the NHRC about a full bench hearing I have submitted my report to the NHRC and there has been no official communication post that he saidMeanwhile the PUCL is now planning to ask for an independent body to probe the matter We want the CBI or any other independent body to probe the case and we want justice in the matter said SeetaramDayananda on the other hand maintained that he is not aware of why PUCL is carrying on this campaign or what they eventually intend to doFor now the common man in Mangalore continues to believe that this top cop got away in spite of such a glaring violation Their faith might be shaken but the PUCL continues to fight the battle