○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ Complaints Before the Commission ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 20. Atrocities on Adivasi families by forest officials of Wayanad District: Kerala - Case No. 199/11/2002-2003(FC) 4.124 The Commission received a complaint from Ms. Nirmala Deshpande and others alleging that on 19-2-03 the police, forest officials and personnel of Kerala Armed Police opened fire at a gathering of over 1100 Adivasi families who were protesting against the non-implementation of the agreement reached between the Adivasis and the Kerala Government for delivery of the promised land at the Muthanga Forest region of Wayanad District. It was alleged that 16 Adivases died and a large number of Adivasis including children and women received injuries in the incident. 4.125 In response to the notices issued to the Chief Secretary and DGP, Kerala, the reports submitted by the State Government of Kerala justified the action of the police firing on the ground that the Adivasis had blatantly violated the law and had murdered a policeman after taking him as hostage. The reports also stated that the police used all possible restraint and minimum force to deal with the situation. It was further mentioned that there was only a single death, as against the allegations of the complainant that 16 persons had died as a result of police firing. The report “concluded” that there was no question of any departmental action being taken against any police personnel as they did not violate any law at any point of time and had acted very much within the parameters of law under the supervision of their superiors. 4.126 While considering the reports, the Commission directed the Chief Secretary, Kerala to furnish documents relating to the delivery of land to the Adivasis ousted from the forest and the plan, if any, for their rehabilitation. The Commission also recommended to the State Government to hand over the investigation of the incident of police firing and the related incidents, including allegations of torture which took place in Muthanga forest region on 19-2-2003 to an independent agency, preferably the C.B.I. 4.127 In light of the information furnished by the Government of Kerala about registration of seven cases by the CBI in connection with the incidents of Muthanga forest, the Commission directed the Chief Secretary, Government of Kerala to communicate the status of the investigation in the seven cases and also to inform the Commission of the steps taken for re-settlement of the tribal families. 4.128 The Government of Kerala vide letter dated 20-11-2004, submitted a copy of the report of the CBI in case No. PE 2 (S)/2003/CBI/SCB/Chennai in which the CBI concluded that the use of force and the firing by police at Muthanga on 19-2-2003 was clearly necessitated by the turn of events and was fully justified and lawful. The inquiry conducted by CBI did not reveal any lapse on the part of the police while dealing with the situation in Muthanga and as such no action was recommended against any of the officials. National Human Rights Commission Annual Report - 2004-2005 AR-Chapter-1-19-10-6-06.p65 67 47 7/17/06, 6:29 PM