“Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.”
– (Article 6 of the International Covenant on Civil and Political Rights)
The killing of Vikram Gowda, a Maoist leader, on November 18, 2024, near Peetebailu village in the Kabbinale area near Hebri of Udupi district caused grave concerns regarding the routine excesses by the state. Karnataka police claimed that it was an act of self-defense during a combing operation. People’s Union for Civil Liberties, CPIML (Liberation), Karnataka Janshakti, and other organizations and activists have unequivocally condemned this extrajudicial killing and violation of the right to life (Article 21) and demanded an independent probe.
Vikram Gowda, a hotel worker originally from Kudlu Nadwalu village in Udupi district, belonged to the Gowdalu tribe. His villagers said he was a peaceful, good-natured person. He started activism protesting against eviction from forests in the Malnad region of the Western Ghats. He participated in several rallies and protests against the establishment of Kudremukh National Park. He was regularly harassed and tortured by the police and forest department. Later he joined the Maoists and went underground.
The Police Narrative
According to Karnataka’s Internal Security Division, the Anti-Naxal Force (ANF) conducted a combing operation in the Kabbinale forest on November 18. During this operation, the police encountered 3-4 armed individuals, including Vikram Gowda. The police claimed they asked them to surrender, but they refused and ‘opened fire’ on the police, leading to retaliatory action and Gowda’s death. The police then registered an FIR on November 19, with the accused being named as Vikram Gowda and others under the different sections of the Bharatiya Nyaya Sanhita (BNS) containing the same narrative. To support their claims, the FIR mentions that the police recovered a 9mm carbine from the surroundings.
The police report raises critical concerns:
- No police got injured, questioning the need for the alleged self-defense. Police recovered one bullet from the site, without enough proof of the Maoists firing.
- An FIR was registered against the deceased rather than initiating a separate investigation into the killing, as mandated by legal guidelines.
Questioning the police claims, Journalist Naveen Soorinje asked, “The police had arrested two people on the suspicion of being Naxal in Dharmasthala (Dakshina Kannada district) a few days before the encounter. Who were they? Were they produced before a magistrate? The police must be answerable for why they killed a man”. He recalled similar claims by ANF in October 2011 of Maoists opening fire during combing operations in Savanalu village in Belthangady taluk, killing a constable named Mahadev Mane. In the FIR, Vikram Gowda and other Naxals had been named as Mahadev Mane’s killers. A few months later, an inquiry found that Mane was killed by the bullet of ANF.
The Pattern of Extrajudicial Killings
This is a pattern where police often justify the killings as encounters in the name of national security. In the past 10 months, more than 200 people have been killed in Bastar alone, most of them being civilians. In Sambhal, the UP police opened fire on unarmed civilians who were protesting the survey of the Shahi Jama Masjid, killing six Muslim youths. Such practices undermine the rule of law and foster a culture of impunity among law enforcement agencies.
Need of Inquiry
As per the BNS and the IPC, the killing of Vikram Gowda should be treated as murder, and an FIR should be registered against all police officers who were involved. Every citizen is entitled to a fair trial and hearing before being punished irrespective of their political ideologies. Families of those killed in encounters deserve justice and compensation as part of the state’s responsibility.
Karnataka government rejects calls for probe
Karnataka Chief Minister Siddaramaiah, on November 20, defended the encounter and said, “You should appreciate it (the encounter)”. He asked, “Should Naxalism remain or go?”. Home Minister G Parameshwara, on November 20, rejected calls for a probe into the killing and said, “He (Gowda) was carrying a deadly weapon, an automatic machine gun-like weapon.
If they (ANF personnel) did not shoot him, he would have fired at them. So, I’m told that he was shot at first sight. So there is no need to suspect anything”. Ignoring the Supreme Court’s 2014 judgment on national human rights, the state government is justifying the killing of Vikram Gowda.
Congress is not an alternative
These statements show that the Congress government doesn’t care about human rights violations rather applauds it. Congress has a legacy of conceiving and using draconian laws (e.g. Preventive Detention Act, MISA, AFSPA, UAPA, etc) that are now used by BJP. Extrajudicial killings as tools of state policy have been a persistent issue in India under both parties. In the name of internal security and combating terrorism and Maoism, both governments continue to kill people in Kashmir, North-East, Bastar, and other parts of India. In 2009, the Congress-led UPA launched Operation Green Hunt was continued by the BJP-led NDA government as Operation Samadhan-Prahar. Thousands of tribals have been killed in these operations. Both governments are using these violent measures to silence dissent.
We Demand
- The socio-economic onslaught on people, particularly adivasis, through a project of displacement under the Surajkund scheme must be recognised and brought to a halt.
2. A case of culpable homicide should be registered against the police officers involved in the so-called encounter immediately.
3. The investigation should be carried out by an impartial agency to ensure fairness.
4. Officers involved in the encounter should be immediately transferred out of their districts to prevent tampering with evidence.
