Home Minister Rajnath Singh today rejected an opposition demand in Rajya Sabha for a CBI or judicial probe into the alleged killing of 20 wood-cutters in a forest by Andhra Pradesh police, saying there was no such demand from the state government.

He also said the killing of the wood-cutters cannot be termed as ‘fake encounters’ till the final judgement on the matter, adding that the human rights bodies have taken cognizance of the matter with regard to paying compensation to the next of kin of the victims.

The Minister made the statement after CPI leader D Raja raised the issue when the Upper House re-assembled after the lunch break.

Asserting that the Home Minister has given the version of the AP government, members especially Raja, T K Rangarajan (CPI-M) and EMS Natchiappan (Cong) demanded a CBI probe, while D Bandyopadhyay (TMC) sought a judicial enquiry by a Supreme Court or High Court judge.

Addressing the concerns of some members, Singh said: “I want to make clear that the police and public order is a state subject. The statement we gave was as per information received by the Andhra Pradesh government, we have not made any addition or subtraction.”

“But some members have demanded CBI enquiry. I would like to inform that this can be done when there is a request from the state government. We have not got any request. Therefore, this cannot be considered,” he said.

No recommendation has been made by the state government as far as transferring of the case to CBI, he added.

On some members’ demand for setting up of a judicial panel to probe the incident, Singh said: “If court gives permission, we will certainly do it.”

On the issue of compensation to victims, the Minister said, “National and State Human Rights Commission have taken cognizance of the matter. After the judicial outcome, the Andhra Pradesh government will follow the order.”

The incident had occurred early on April 7 and the case was filed at 12.30 pm on the same day, he said, adding that the killings cannot be called “fake encounter” till he gets judgement.

Singh said the Andhra Pradesh government has decided to constitute Special Investigation Team (SIT) under the provisions of the Criminal Procedure Code to investigate the case as it needed detailed and comprehensive probe.

“The relatives of the persons who were killed in the police firing have filed writ petitions in the Hon’ble High Court of Judicature for the state of Andhra Pradesh and Telangana at Hyderabad. The HC has ordered a re-postmortem of certain dead bodies and the same has been carried out by the state government,” he said.

Stating that the investigation is still on, the Minister said, “in the interest of fair and independent investigation, the HC has further directed that no officer (be it police department or otherwise) of any level will divulge the result of investigation to anyone else except before the appropriate court or appropriate official under law confidentiality.”

Narrating the incident as per the AP government report, Singh said the Red Sanders Anti Smuggling Task Force (RSASTF), while conducting combing operations at Seshachalam Reserve Forest Area on the intervening night of 6-7 April, noticed hundreds of people transporting red sanders logs.

“They encircled and attacked the task force personnel with stones and deadly weapons, who consequently opened fire in self defence resulting in death of 20 persons and injuries to 11 of the task force,” he said.

The collector and district magistrate had ordered a magisterial enquiry and appointed a district revenue officer of Chittoor district as enquiry officer. Chandragiri police has registered two cases under various sections of IPC, Andhra Pradesh Forest Act, Indian Arms Act, 1959 and Biological Diversity Act, he added.

As reported by the state government, Singh said red sanders smuggling from Chittor, Kadapa and other districts has been going on for quite some time. The precious red sanders trees are cut and transported causing damage to the forest wealth and loss to the exchequer.

He said two forest officials were hacked to death by red sanders smugglers on December 15, 2013. The government had invoked the provisions of Preventive Detention (PD) Act and detained 63 persons from June 2, 2014 onwards who have caused damage to the forest wealth.

“18,703 have been arrested, 7,220 vehicles have been seized and 12,863 tonnes of red sanders wood has been seized,” he said, adding that a separate wing has been created to contain red sanders smuggling.

Speaking after the statement by the Home Minister, Raja said he found it hard to believe that the AP police had fired in self defence and it was not an encounter.

They were poor people belonging to scheduled tribes or backward classes who were looking for work and had been used by the smuggling mafia, he said, adding there were testimonies of eye witnesses, according to which what had happened was not an encounter.

T K Rangarajan (CPI-M) said what had happened was “tragedy and barbaric” and added that Home Minister had just given the version of the Andhra Pradesh government, demanding a CBI probe.

Tapan Sen (also CPI-M) said the migrant workers came unknowingly and had no choice because they wanted work. He said “cold-blooded murder cannot be justified. Even criminals cannot be killed without trial.”

DMK MP Kanimozhi said that Tamil Nadu was “filled with grief” at the deaths, claiming that those killed, who were being called smugglers, were only being used as coolies. She sought a judicial probe into the killings.

EMS Natchiappan (Cong) said the Home Minister’s statement was based on AP government information and wanted to know if it had its own intelligence report on the incident and demanded a CBI probe. His party colleague Jairam Ramesh also sought a full-fledged probe.

Basawaraj Patil (BJP) termed the deaths of the 20 people as “painful” and said the truth should come out.

AIADMK MP A Navaneethakrishnan termed the incident as “unfortunate” and said the encounter theory “floated” by the police does not seem believable and added that the Tamil Nadu government and its Chief Minister had announced a compensation of Rs one crore.

Tiruchi Siva (DMK) said curbing smuggling cannot be used an excuse to violate human rights and sought a probe.

KC Tyagi (JD-U) demanded a SIT probe, while D Bandyopadhyay (TMC) sought a judicial probe by a Supreme Court or High Court judge.

Several others, including Baishnab Parida (BJD), Mohammed Ali Khan (Cong), Ambeth Rajan (BSP) and C M Ramesh (TDP), also expressed concern over the incident and wanted the truth to come out.

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