Act against 17 policemen for Thoothukudi police firing: Commission

Indicting the police for its “excesses” on the anti-Sterlite protesters that led to the killing of 13 civilians in May 2018 by opening fire at them, the Justice Aruna Jagadeesan Commission has recommended action against 17 policemen, including three IPS officers, while castigating the then Thoothukudi district collector for “abdicating his responsibility.”

In a three-volume report submitted to the government after a four-year-long inquiry during which hundreds of people deposed before it, the one-woman panel concluded that the “totality of the facts and circumstances” would not suggest that the police had been acting in exercising the right of private defence. It also said the firing was unprovoked.

The Commission recommended action against then IG (South) Shailesh Kumar Yadav, DIG C Kapil Kumar, and P Mahendran, Thoothukudi SP, and 14 others for their “acts of commission and omission departmentally without prejudice to launching criminal action.”

As many as 13 civilians were killed in the police firing at Thoothukudi Collectorate and elsewhere in the town on May 22, 2018, as the 100-day old protest against expansion of Sterlite Copper owned by Vedanta turned violent. Following the violence, the copper smelter was closed.

‘SP played truant for hours’

The retired justice passed stinging remarks on Mahendran, the SP, and Tirunelveli SP Arun Sakthi Kumar, accusing them of “playing truant” till 1.15 pm leaving the IG and DIG, who were neither fluent in Tamil, nor aware of the topography of the area.

“There is no material on record to show that it was only to deal with a militant crowd of protesters that the opening of fire was resorted to and as a matter of fact groups of people here and there had assembled presumably in their anxiety to know about the fate that had befallen them. As a matter of fact, it is not even the version of police,” she wrote.

It is at these groups, a solitary shooter named Sudalaikannu fired as many as 17 rounds by wielding a self-loading rifle, the report said, adding that another reprehensible conduct of the police was to enter AVM Hospital and beat up people there.

‘Former CM EPS’ claims are inaccurate’

Justice Jagadeesan noted that there was no intelligence failure but opined that proper action was not taken on the intelligence collected. She also came down heavily on actor Rajinikanth for making “irresponsible statements” without any proof that anti-social elements infiltrated into the protests.

The Commission’s report also termed as “incorrect” or “inaccurate” the then Chief Minister Edappadi K Palaniswami’s claim that he learnt about the incident from television reports, saying he was briefed along with then Chief Secretary Girija Vaidyanathan minute by minute by senior police officers.

‘Collector abdicated his responsibility’

The stringent criticism in the report was reserved to N Venkatesh, the district collector, with Justice Jagadeesan castigating him for “abstaining” from presiding over the Peace Committee meeting the day before the protest and being away from Thoothukudi on May 22, 2018. She also accused him of “abdicating his responsibility” and leaving sub-collectors to take charge of the situation.

“…Enough ink has been spilt on the manner in which District Collector had conducted himself and this Commission would not like to be repetitive and would only suggest that the requisite departmental action be taken against the District Collector also having regard to the observations of this Commission about his style of functioning reminiscent of abdication of his responsibility,” Justice Jagadeesan said.

Police fired at from hideouts

Blaming the district administration for not planning and coordinating effectively the discussed the dos and don’ts mandated in the Riot scheme 2013, the Commission said there is demonstrable failure on the part of the officials concerned in complying with the requirements of the Riot scheme.

The Commission also corroborated the version of activists as it said police did shoot from “hideouts” at the protesters who were far away from them, and that there were materials in the form of ballistic report that the shooting was long range shooting and not short range.

“This suggests the fact that the police went into hiding in the heritage park inside the Collectorate from where they opened fire resulting in the casualties and grievous injuries to the protesters. Does it deserve a comment that is a dastardly act, the commission is left to wonder,” she wrote.

How and why Sterlite Copper was shut?

Sterlite Copper, which began operations in Thoothukudi in 1996, was shut on May 28, 2018 by the Tamil Nadu government on charges of polluting areas around the plant based on an advice from pollution watchdog, Tamil Nadu Pollution Control Board (TNPCB).

The government’s action came a week after the anti-Sterlite protests on May 22 turned violent resulting in the death of 13 civilians in police firing. Since then, Sterlite Copper has not been able to reopen its sprawling facility – the oxygen plant inside the complex was operated for a couple of months to meet the needs of patients suffering from Covid-19 second wave in 2021.

Sterlite Copper is the seventh largest copper smelter in the world, meeting 36 percent of the total domestic copper market demand in India by producing 4,00,000 tonnes of refined copper per year. Hindalco supplies around 38% of the market demand, while Hindustan Copper accounts for 10% of the demand.

Vedanta and its legal battle

Following the Tamil Nadu government sealing the plant, Vedanta moved the National Green Tribunal (NGT) which allowed its reopening in a verdict in December 2018. However, the Tamil Nadu government moved the Supreme Court against the verdict – the apex court stayed the NGT order but allowed Sterlite Copper the liberty to approach the Madras High Court.

The Madras High Court, which conducted marathon hearings, had in August 2020 upheld the Tamil Nadu government’s decision to close the plant. Vedanta moved the Supreme Court against the High Court verdict and the case is being heard.

With no resolution in sight, Vedanta, in advertisements published in English and Tamil dailies in June, along with Axis Capital has invited Expression of Interest (EoI) for the sale of “state-of-the-art” smelter and refining complex.

The Commission and its working

Justice Jegadeesan, who submitted an interim report in May 2021 immediately after the DMK assumed office in the state, followed it up with a detailed 3,000 page final report on its inquiry into the police firing on people who were protesting against expansion plans of Sterlite Copper.

The Commission also recommended to the government to enhance the monetary compensation provided to the victims to Rs 50 lakh from Rs 20 lakh. She also placed on record appreciation for the government for providing jobs to the families of the victims.