Tamil Nadu panel says police firing on anti-Sterlite protesters unprovoked, favours action

The police firing in May 2018 led to 13 deaths and injuries to 100 people. Subsequently, one more person, who sustained injuries died months later. Citing pollution concerns and demanding that the Sterlite plant be shut down permanently, a massive protest was held in Thoothukudi that year. Later, the unit was closed down.

“The totality of the facts and circumstances would not suggest that the police had been acting in exercise of the right of private defence. As a matter of fact it is not even the version of police,” Justice Aruna Jagadeesan Commission of Inquiry report said.

Weighing all the circumstances, the commission concluded that there has certainly been excesses on the part of police officials. The police firing was “unprovoked,” and it could have been avoided, the panel said. Of the two evils in any given scenario, the lesser evil should be preferred. In the present case, the lesser evil was obviously avoiding the use of firearms.

The police officials jointly and severally held accountable by the CoI were IG Shailesh Kumar Yadav, DIG Kapil Kumar C Karatkar and the then district superintendent, P Mahendran and 17 other officials. The report suggested action against three special executive magistrates/deputy tahsildars as well.

It was not an instance of police using appropriate force but they certainly exceeded the limit. There were procedural commissions and omissions in respect of opening of fire, the report said.

The peace talks held by the authorities were “ineffective” and did not properly represent the stakeholders. The panel suggested departmental action against the then district collector Venkatesh over his style of functioning that amounted to abdication of his duty.

The CoI, citing top actor Rajinikanth’s remarks at that time –related to protests and police firing– advised him that he would do well to verify facts before making any comment. The top actor had commented that “there was total failure of state machinery” including intelligence and also had remarked that “anti-social elements had intruded” while the protest was held in the southern Tamil Nadu city.

The panel, in a veiled reference against former Chief Minister K Palaniswami said that though the then CM was apprised of the ground situation by officials, Palaniswami had said that he came to know about the incident only through media reports. Palaniswami’s statement hence was “incorrect or inaccurate,” it said.

Appreciating the government gesture to provide employment on compassionate grounds to the eligible kin of the deceased, the report suggested a compensation of Rs 50 lakh to the kin/legal heirs after deducting Rs 20 lakh ex-gratia already disbused. “As for the injured, the commission recommends a compensation of Rs 10 lakh each, deducting the compensation of Rs 5 lakh already paid to them,” it said.

During the anti-Sterlite agitation, the district administration and police ought to have coordinated effectively, discussed the do’s and don’ts mandated in the Riot Scheme 2013, the CoI said. Its implementation would have certainly gone a long way in effective control and management of the riot situation.

“There is demonstrable failure on the part of the officials concerned in complying with the requirements of the Riot Scheme which would also be a cause and circumstance for allowing the situation to go from bad to worse,” the report said.

“Here is a case of police indulging in shooting from their hideouts at the protesters who were far away from them. ..” Police hid themselves and opened fire resulting in casualties and grievous injuries to the protesters. “Does it deserve a comment that is a dastardly act, the commission is left to wonder,” the report said.

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