Anhad

Act Now on The Liberhan Commission Report

anhad e-admin — 2009-11-25T12:38:58Z

STATEMENT

25 November 2009

The Liberhan Commission have brought to our attention once again the real forces behind one of the biggest tragedies of Independent India. It has now become clear from Liberhan Commission's work that the demolition was not an act of spontaneous anger as claimed by the communal forces. It was a well planned crime coordinated by RSS and executed by different progeny of RSS. The political leaders, some of whom were trying to hide behind different shields stand completely exposed as far as there role in the demolition was concerned. In this meticulously planned attack leaders line Vajpayee, Advani, Joshi, Kalyan Singh etc. played their part assigned by their controller the, RSS.

Whatever be the motives of the leak, which it self may be a planned one by some political forces, it is once again clear that rather than debating the issue, mulling over the truth coming out, BJP adopted its usual method of disrupting the proceedings of Lok Sabha. It does not believe in proper discussion so every such time it resorts to the mayhem and the discussion is avoided. What becomes transparently clear is that the whole top leadership of 'BJP and company' was involved and RSS, the organization expert in making the things opaque from public, had undertaken the demolition for political goals. RSS did go on to bring immense suffering to the nation through this demolition. In addition the mask of Vajpayee as the moderate political person also stands torn apart and the scheming, calculating politician, behind the mask stands exposed. Incidentally on 5th December Vajpayee did give some hint about the happenings of the next day.

The government needs to take this report with utmost seriousness as the demolition was not just a destruction of age old mosque, and archeological treasure of the country, but this act was essentially an attack on Indian constitution. It was also an attack on the plural-democratic fabric of the nation. It became a turning point of sorts, which changed the direction of politics and society in the adverse direction. Tragically this paved the way for communal forces to come to the center stage of the politics, this led to massive communal violence in Mumbai, Bhopal, Surat and other places, leading to the loss of over two thousand innocent people and the loss of over 10000 crores of social wealth. It demonized the minority community and began the process of erosion of secular-democratic values. Tragically this led to relegation of minorities to the status of second class citizens. It gave political muscles to the divisive forces, forces which have no faith in the values of Indian Constitution.

While the society at large needs to condemn the ideology of perpetrators of this act once again, it is also time to recapitulate that this was the same ideology which killed the father of Nation Mahatma Gandhi. While at social level we need to resolve to strengthen the values of Freedom movement and comprehensively reject the divisive politics being propagated by RSS and its progeny, it is also time that the demonization of minorities which got triggered due to this demolition needs to be fought against.

We fervently appeal to the Government to take urgent steps to punish the guilty of the demolition and the consequences which followed. Government must act with full strength and forthrightness to take political and legal steps against the culprits to ensure that the law of the land prevails and guilty are punished without any fear. Be it RSS top brass, be it BJP top leadership, starting from Vajpayee Advani to Joshi and other, be it the VHP leaders or the Bajrang Dal leaders, law must catch up with these criminals.

We demand

An urgent legal action against those indicted in the Liberhan Commission report.
We urge upon government to undo the damage done by communal forces to our mixed culture, to ensure the promotion of values of communal amity and national integration.
We also call upon the Government to reach the message of plural values to the society through different communication channels.

ANHAD
23, CANNING LANE
NEW DELHI-110001

Gujarat: Brutal attack on former mayor of Vadodara

anhad e-admin — 2009-10-11T08:56:05Z

URGENT RELEASE

Anhad had organised a press conference on September 29, 2009 to bring in front of the media the illegal detention, torture in a private farm house of five young men in Vadodara by the Vadodara Police headed by the Police Commissioner Rakesh Asthana.

The delegation of parents/ relatives accompanied by Mohd Bhai Vora (former deputy mayor of Vadodara) and Yusuf Shaikh addressed the media in Delhi, met NHRC and National Minority Commission. Following the complaint National Minority Commission sent its member Dr Bengalee to Gujarat and she met the officials in Gandhinagar to take up the issue of illegal detention and torture.

Yusuf Shaikh and Mohdbhai were receiving threats through the ‘mukhbirs' and other sources to stop raising these issues.

Today Mohdbhai Vora was attacked brutally around 12.30pm. We have come to understand that the police is using miscreant elements from within the community to organize these threats and attacks.

The earlier press release is attached with this for reference.

I request you to urgently intervene and take action to stop this harassment and attacks on human rights defenders.

Shabnam Hashmi
Social activist, Member, National Integration Council
New Delhi

2.00pm, October 11, 2009

[For Reference]

[The below release from Anhad is also available at: http://www.anhadin.net/article87.html

PRESS RELEASE -September 29, 2009

In a pattern which has become increasingly familiar in many parts of India, but particularly in Gujarat, once again in the run-up to the assembly by elections in Gujarat, a number of Muslim youth were picked up by police officials in plain clothes, illegally detained and severely tortured, before they were sent to judicial custody. The youth who were picked up by the police were:

1. Zahir Abbas Amiruddin Shaikh resident of Hathikhana Patel Faliya , Opp. Bismilla Mutton Shop, Fatima complex,
2. Usmangani Alias Nawab abdulGaffar Ansari, residing at Kalriwad, B/s. H. M. Batliwala, Fatepura, Baroda.
3. Amin Razzak Sha, residing atB/208, Richmond tower, B/h. Convent School, Fatehgunj, Baroda
4. Iqbal alias Ikku Majidbhai Shaikh, Age – 39 years, residing at 109, Rashida Apptt., Hathikhana Patel Faliya, Baroda.
5. Mustak Ismail Shaikh, 34 years, residing at Gujarat Mention building , Hathikhana Patel Faliya

They were illegally picked up by plain clothes policemen:

Zahir illegally picked up on Sep 1, 2009 shown arrested on Sep 6, 2009

Mushtak illegally picked up on Sep 1, 2009, shown arrested on Sep 6, 2009

Usmangani illegally picked up on Sep 3, 2009, shown arrested on Sep 6, 2009

Iqbal illegally picked up on Sep 2, 2009, shown arrested on Sep 6, 2009

Amin illegally picked up on Sep 2, 2009, shown arrested on Sep 6, 2009

All of them produced in the court on September 7, 2009.

They were formally presented to the magistrate after a gap of 5 or more days, during which they allege that they were blind-folded and taken into a farm-house at Sivasi Gotri Road, in Village Sindhrot and brutally tortured. The police charged them for planning to bomb the Ganesh Vijarjan Yatra and for possessing Sutli bombs and rocket launcher. Police claimed to have recovered these items from a closed hand cart . Police Commissioner called for a Press Conference on September 7, 2009 and all local newspapers flashed the news in bold headlines .

A team comprising Shabnam Hashmi, Harsh Mander Rahul Rashtrapal met family members of many of the affected youth on September 25, 2009 and Gagan Sethi and Shabnam Hashmi met with the family members on September 26, 2009. They all testified to versions of the same story: that youth invariably with no criminal records, were picked up by people wearing plain clothes, sometimes using force, sometimes taking them under false pretences. They were taken blind-folded to a farm, and subjected to torture. Family members were not informed about their whereabouts. Family members searched for them in various police stations and hospitals. After Mohdbhai Vora, the local counselor took a delegation to the DCP Rakesh Asthana, he was informed that the youth were safe and in their custody, even then he did not divulge where they were kept or why they were picked up. The same late evening some parents were asked to meet their sons at the police station. They saw them from a distance and were not allowed to talk to them. It was visible from their appearance that they were badly tortured, some of them could not even walk on their own. Police secured varying terms of police remand, followed by judicial custody. The youth were threatened with dire consequences if they told the judge about the torture. The families were threatened not to contact any one otherwise more cases will be put on their sons.

It is relevant to point out here that the alleged terrorist attack on the Ganesh Visarjan processions never actually took place, and we have only the police version, that such attacks were planned, to rely upon. The fact, that the statements of the accused were obtained under duress and torture, the whole police case and the motives behind these become even murkier.

A team constituting Rahul Rashtrapal, Dushyantbhai, Sachin Pandya and Shabnam Hashmi went to the Baroda Central Jail and met two of these youth Zaheer and Iqbal on September 25, 2009. Both youth testified to grave torture. Zaheer and Iqbal were blindfolded and taken to a farm house about 10-15 kilometers away from Baroda. They were brutally beaten up along with three others who were also arrested. All of them were kept and tortured in different rooms. The police beat them all over the body with lathis, two men stood on Iqbal's thighs, legs stretched wide and beat him up brutally, Iqbal was given electric shocks on his waste down-words, abused using the filthiest language possible. Zaheer was stripped naked and given electric shocks all over his body many times a day. They caught him by his hair and banged his head against the walls repeatedly. Abusing him, they called him a Taliban and a terrorist, and degraded his community and mother and sisters. Zaheer's hands were tied to the roof and he was not allowed to sleep for days.

Both Zaheer and Iqbal were not allowed to break their rozas till 11pm. The youth alleged that the police kept on forcing them to admit that they were going to bomb the Ganesh Visarjan procession and kill people. Zaheer pleaded with the police to spare him as he was innocent and he had no idea about the allegations. The policemen taunted him and said if you are tired of torture we will shoot you dead and made him run across a field all the time aiming at him to shoot him down.

The team also looked at the newspaper coverage. Divya Bhaskar's headline read accused picked up in possession of the rocket launcher had foreign connections. Sandesh newspapers wrote: ‘When the accused used to come out of the mosque after praying he used to get into frenzy to destroy the Ganpati'

Rakesh Asthana, the Police Commissioner, Rakesh Sharma the ACP, J. D. Ramgadia. PI Crime Branch, D.R. Dhamal, PI of Baroda city, Halsika PSI SOG were all involved in this illegal picking up, detention and torture of youth.

We have also heard that the Farm House where the youth were taken and tortured belongs to a close associate of the Police Commissioner Rakesh Asthana.

We urge the NHRC, NCM and the Govt of India therefore that these grave allegations are independently investigated and the guilty police officers severely punished.

We hope suo moto action will be taken against the Police Commissioner Rakesh Asthana for flouting the Supreme Court DK Basu guidelines and for using the premises of a private farm house for illegal detention and torture. Not following these guidelines constitutes a contempt of the Supreme Court, which is a serious offence, punishable by Imprisonment and fine

D.K.Basu Guidelines

In view of the increasing incidence of violence and torture in custody, the Supreme Court of India has laid down 11 specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are:

l Police arresting and interrogating suspects should wear “accurate, visible and clear” identification and name tags, and details of interrogating police officers should be recorded in a register.

l A memo of arrest must be prepared at the time of arrest. This should:

µ have the time and date of arrest.

µ be attested by at least one witness who may either be a family member of the person arrested or a respectable person of the locality where the arrest was made.

µ be counter-signed by the person arrested.

l The person arrested, detained or being interrogated has a right to have a relative, friend or well-wisher informed as soon as practicable, of the arrest and the place of detention or custody. If the person to be informed has signed the arrest memo as a witness this is not required.

l Where the friend or relative of the person arrested lives outside the district, the time and place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest. This should be done by a telegram through the District Legal Aid Authority and the concerned police station.

l The person arrested should be told of the right to have someone informed of the arrest, as soon as the arrest or detention is made.

l An entry must be made in the diary at the place of detention about the arrest, the name of the person informed and the name and particulars of the police officers in whose custody the person arrested is.

l The person being arrested can request a physical examination at the time of arrest. Minor and major injuries if any should be recorded. The "Inspection Memo" should be signed by the person arrested as well as the arresting police officer. A copy of this memo must be given to the person arrested.

l The person arrested must have a medical examination by a qualified doctor every 48 hours during detention. This should be done by a doctor who is on the panel, which must be constituted by the Director of Health Services of every State.

l Copies of all documents including the arrest memo have to be sent to the Area Magistrate (laqa Magistrate) for his record.

l The person arrested has a right to meet a lawyer during the interrogation, although not for the whole time.

l There should be a police control room in every District and State headquarters where information regarding the arrest and the place of custody of the person arrested must be sent by the arresting officer. This must be done within 12 hours of the arrest. The control room should prominently display the information on a notice board.

These requirements were issued to the Director General of Police and the Home Secretary of every State. They were obliged to circulate the requirements to every police station under their charge. Every police station in the country had to display these guidelines prominently. The judgment also encouraged that the requirements be broadcast through radio and television and pamphlets in local languages be distributed to spread awareness.

Failure to comply with these requirements would make the concerned official liable for departmental action. Not following these directions constitutes a contempt of the Supreme Court, which is a serious offence, punishable by Imprisonment and fine. This contempt of court petition can be filed in any High Court.

These requirements are in addition to other rights and rules, such as:

*The right to be informed at the time of arrest of the offence for which the person is being arrested. *The right to be presented before a magistrate within 24 hours of the arrest. *The right not to be ill-treated or tortured during arrest or in custody. *Confessions made in police custody cannot be used as evidence against the accused. *A boy under 15 years of age and women cannot be called to the police station only for questioning.

The Constitution

The Constitution of India, which is the basic law of the country, provides protection to all persons from ill treatment and torture by the police and other state agencies.

Article 21
Guarantees the right to life and personal liberty to all persons.

Article 22
Lays down the rights available at the time of arrest and detention. These rights can be enforced by directly approaching the High Courts and the Supreme Court of India.

ANHAD, 23, CANNING LANE, NEW DELHI-110001

TEL- 23070722/ 40, anhad.delhi@gmail.com

Systematic discrimination oozing out of the pores in Gujarat

Shabnam Hashmi — 2009-10-10T14:32:36Z

Gujarat: During the past three months from two villages in Mehsana Muslims families have been forced out and in one of the villages women brutally beaten up by the police. In baroda 5 young men illegally detained, tortured in a farm house and then shown arrested after 6 days after underdoing third degree torture and then implicated of possesing a rocket launcher which the poilce has not shown till today.

The latest in the series is building a road in the middle of a grave yard in Dahod with human remains still sticking out. The stories of capturing of grave yards, religious and cultural spaces along with various other ways of very systematic and planned discrimination keeps pouring in from all corners of India.

Those in power as well as the so called secular parties and a sizeable portion of the media has just become deaf and blind. While we celebrate our democracy and India moving into the 21st century , a large section of the population has become second class citizens in their own land. The other marginalised poor -tribals, dalits also facing similar situation. Religion has become the biggest industry with huge turn over and the new age gurus its ambassadors. Indian Middle class conciousness is sliding into medieval time. Indian middle class was never so irrational , superstitious and prejudiced as it has become today.

Shabnam Hashmi

10 October 2009


Letter to Minister of Minority Affairs Page1


Letter to Minister of Minority Affairs Page 2


Letter to Minister of Minority Affairs Page 3


Demolished-graves-and-remains


Demolished-old-graves


Graveyard-(Old-Graves)


idgah-and-new-road


Old-grave-and-new-road


Remains-of-human-body-parts

Villagers of Nandapeda at risk in Dangs Gujarat

anhad e-admin — 2008-09-17T11:14:48Z

URGENT ATTENTION

National Human Rights Commision (NHRC)
National Commission for Minorities
Political Leaders
National Media

Today morning a battery of Forest officers and police descended on the village of Nandapeda near Ahwa in the Dangs, Gujarat. They pulled out the doors and the windows, pulled out the wooden ballis which support the roof; they pulled out wood from the roof of the huts of the villagers. The forest department decided late night that it was illegal wood and they must recover it.

The ATS meanwhile rounded up a few people.

Nandapeda is the only village with majority Muslim population in the Dangs district, considered the poorest district in the whole of India.

The government has been pressurizing the Muslims to convert to the Hindu religion or face eviction from their land.

Some of the residents of this village moved the Gujarat High Court against the government's pressure of converting and changing their religion.

The families have been living in the village for over 100 years.

On June 13th 2008 a senior officer had called a meeting in Ahwa and asked them to change their religion or vacate the land.

After this meeting police and forest officers had been harassing them. Police have been searching old cases registered against any person of the community and asking them to furnish bail papers. The police targeted 33 people against whom some petty crime or a scuffle with the neighbors was registered.

Claiming that repeated representation before authorities for regularization of their land has been in vain, petitioners requested the court to restrain the government from pressurizing them to convert from their religion. Justice Jayant Panchal had in July sought explanation in this regard from the secretary in-charge, district collector and the village sarpanch.

After hearing all parties, Justice Anant Dave admitted the case on September 11, 2008 and ordered to maintain status quo on the disputed land.

On the next day the police captured approximately 80 villagers for transporting cattle into Maharashtra and also apprehended some villagers who were going on motorcycles using the reason of cow slaughter, though there were no cattle in the tempo.

The villagers gathered. There was a clash between the villagers and the police. People were beaten on both the sides. One policeman was also beaten up. Police then opened fire and a number of villagers got bullet injuries. They were taken to Ahwa civil hospitals. The relatives were not allowed to meet them. Police apprehended eight villagers for beating a policeman and though a local lawyer went for their bail, it was not given.

Next day the police came and in the name of combing operation attacked and ransacked the village. Villagers were beaten up brutally including women and children. All men fled to the jungles. The police not only took away all the goods but before going they poured kerosene into the eatable good so that they could not eat anything too.

VHP proposed a rally on 15th [september].

After a lot of pressure the VHP rally was stopped but they declared a Bandh on 16th [september].

The VHP gave a deadline to the collector it is heard to get the village vacated.

Today morning as already mentioned the forest department and the forest department swooped in.

The villagers need urgent help and intervention. I have been personally informing various state politicians and centre about the developments.

Shabnam Hashmi
September 17, 2008

An Open Letter to the Prime Minister of India

Shabnam Hashmi — 2008-09-15T10:46:10Z

September 15, 2008

New Delhi

Dear Dr. Manmohan Singh,

The blasts in Delhi (September 12, 2008) are another in the series of tragic blasts in which scores of people have been killed. We strongly condemn the blasts and demand a proper, unbiased investigation into the same. We demand that the guilty be punished. At the same time it seems that our investigating agencies are ignoring some thing very crucial in the matters of investigating the acts of terror.

The acts of terror have been occurring and Home Ministry is watching helplessly. While the current investigation is totally focused around SIMI, many an alleged culprits have been put behind the bars, despite which now some unknown entity Indian Mujahideen seems to have been projected as being responsible for the current ones. At the same time another stark truth is being deliberately sidelined and undermined. And that relates to the blasts done by Bajrang Dal and Hindu Jagran Samiti. We fail to understand as to why the investigation authorities are turning a blind eye to some of the well established facts.

1. In a serious case of blasts in Nanded in April 2006 two Bajarang Dal workers died when making bombs. Similar incidents of bomb blasts were witnessed in many places around that time, Parabhani, Jalna and Aurangabad in Maharashtra. Most of these were in front of the mosques. The Nanded investigation 'leads' were not followed. On the contrary the investigation in that direction was not pursued at all. The attitude of police in this investigation has been totally lax. Social activists made the complaint about this to Human Rights commission. The commission summoned the Superintendent of police, Nanded, in its hearing held on 17th June. The SP failed to turn up for hearing! There seems to be a deliberate cover up of this important finding of Maharashtra Anti terrorist Squad. ATS did investigate the links of the dead with Bajrang Dal, an RSS affiliate. At the same time the injured were visited in the hospital by the top brass of local BJP and associates. Local BJP MP told the police not to harass those related to the culprits in the wake of the Bajrang Dal involvement in the bomb making. In Nanded, ATS also found fake moustache and pajama kurta, the idea being that the culprits will dress like a Muslim while doing these black deeds.

2. A bomb blast took place at the RSS office at Tenkasi, in the Tirunelveli District of Tamil Nadu on January 24. After a thorough investigation, the Tamilnadu Police had arrested 7 persons belonging to Sangh Parivar outfits. They had confessed that they indulged in this terror act to instigate the local Hindu population against the Muslims.

On further investigation, the Tamilnadu Police arrested Siva Alias Sivanandam, who is the General Secretary of Hindu Munnani at Kadayanallur, a neighbouring town of Tenkasi. Formed in 1980, Hindu Munnani is a frontal organisation of Sangh Parivar operating in Tamilnadu.

Siva, who has earlier worked in quarries in the neighboring state of Kerala had supplied the ammonium nitrate and other raw materials for preparing the bombs.

3. The bombs which exploded in Gadkari Rangayatan on 4th June 2008 injured seven people. Again Maharashtra Anti Terrorist Squad succeeded in nabbing the culprits. The culprits were part of Hindu Janjagaran Samiti (HJS), an outfit of Sanatana Ashram in Panvel. These culprits were also involved in other blasts, in Vashi, Panvel and Ratnagiri. We have not heard anything about the further tracing of this very important lead.

4. On 24th August, in Kanpur two Bajrang Dal workers died while making bombs. Rajiv alias Piyush Mishra and Bhupinder Singh were killed while making crude bombs on Sunday afternoon.

On 25th August, Monday, police recovered some crude hand grenades, lead oxide, red lead, potassium nitrate, bomb pins, timers and batteries from the spot, inside a hostel in Kalyanpur area of Kanpur, about 80 km from Lucknow. No further investigation, why?

Every time there is a bomb blast immediately the agencies and the media declare that it is done by some Muslim organization without any proof. Hundreds of innocent young boys are picked up, what follows are illegal detentions, torture, arrests, harassment of families, forcing the families and victims to sign blank papers. For years these helpless victims are tortured in jails, denied legal aid, even lawyers who try and fight their cases are attacked openly in courts. Their images tarnished for life time. If they are lucky they get let off after years as neither the agencies or the police have any proof against them. The cacophony of stricter laws rises so that a police can extract a confession by third degree torture and present that as evidence. Through this systematic vilification campaign the process of demonization of minorities continued unabated.

If we look at the timing of the terror attacks it is very clear that one and only one political outfit is gaining from it and that is Sangh. With their eyes on the central government their agenda of polarizing the voter is going ahead successfully.

On the other hand there are constant attacks on minorities on one pretext or another. Orissa thousands of Christians have been attacked, rendered homeless, their homes ransacked and looted and burnt down, churches attacked and even orphanages are not left alone.

Karnataka a similar picture is emerging. We have personally briefed very senior people in the government and the Congress party about the Karnataka situation and that it might explode but nothing was done and we have seen what has happened yesterday.

While we write to you now, the police are firing at Muslims in Yakutpura in Vadodara. Yesterday during the Ganpati procession a local dargah was broken down and shops of Muslims looted and ransacked. Already one boy has died and many are injured.

Last few days the only Muslim village Nandepeda in the Dangs, Gujarat has been attacked, ransacked. Villagers have been beaten up brutally including women and children. All men have fled to the jungles. The police not only took away all the goods but before going they poured kerosene into the eatable good so that they could not eat anything too. A proposed VHP rally today was stopped after spending 4 hours on the phone and pressuring various police departments.

UPA had formed the National Integration Council under tremendous pressure. The first agenda papers which were prepared, if you remember, were highly communal and objectionable. A number of us had raised it during the meeting and the Home Minister had replied' treat them as scrap' in your presence. Probably the Home Minister realized that people like us were too uncomfortable to have in the NIC, who would raise these questions. The NIC was never convened again. It was supposed to meet every six months.

The country unfortunately has been given on a platter to the Sangh and the government looks helplessly in providing security to ordinary citizens whether they are victims of terror attacks or victims of the constant attacks by the Sangh Parivar's various outfits.

We hope you will intervene and question why are such clear cases of involvement of RSS affiliates in terror attacks being ignored. It seems the investigating authorities deliberately want to cover up the role of RSS affiliates in these acts of terror. Can the real truth behind the dastardly acts come out without properly investigating these incidents, where the culprits' involvement is very clear? We urge upon you to instruct the investigating authorities to pursue the investigation in an unbiased, honest and professional manner. The life of innocent citizens is at stake and such irresponsible cover will definitely prevent the real truth from coming out. For the sake of fairness, honesty and the values of our constitution, we need to pursue these cases in their logical direction.

Can we look forward to you, Mr. Prime Minister to make your Government to rise above partisan attitude and unravel the truth behind the blasts which are rocking the country in a painful way?

Sincerely

Shabnam Hashmi, Member, National Integration Counci

Ram Puniyani, Social Activist, and writer

'State Ka Order Hai'

Shabnam Hashmi — 2008-08-29T09:58:32Z

'STATE KA ORDER HAI'

A Report by Shabnam Hashmi

An Independent Fact Finding Team visited Indore on August 5, 2008 to inquire into the incidents of July 3-4, 2008 and its long term affect

The Team comprised of:

Dr Syeda Hameed: Member, Planning Commission, Govt of India

Shabnam Hashmi: Member, National Integration Council, MHA, Social Activist

The following account is compiled and written by Shabnam Hashmi on the basis on the one day visit, testimonies of the close relatives of those who died , testimonies of the injured and individual and group discussions with the local human right activists, and an analysis of the media reports of the above period which were submitted to the IFFT.

Dr Syeda Hameed as member of the Planning Commission will be looking at the long term affect of these incidents. The present account deals with the findings and recommendations.

The team visited the following areas:

Juna Risala

Sindhi Colony

Khajrana

Khajrana Village

The following victims / relatives of the victims deposed before the team:

Juna Risala

1. Nazneen- mother of the deceased Mohd Rizwan

2. Abdur Rehman- Advocate and uncle of the deceased Mohd Rizwan

3. Salman Ahmed- 18 yrs, B Com Final- Bullet Injury

4. Gulam Ahmed Khan- locality leader

5. Irshad Khan-19 yrs, bullet Injury

6. Gulrez-19 yrs- bullet injury

7. Rafik s/o victim Alla Baksh – injured- bullet injury

8. Faiz-17 yrs-s/o victim-Aijazul Hasan, bullet injury

9. Nizamuddin, Father of the deceased Zeeshan

10. Salma Parveen, Mother of the deceased Zeeshan

11. Mohd Hanif Pyare Mian employer of the deceased Zeeshanal

12. Members of the local community ( approx 40 people)

Sindhi Colony

1. Khattumal Makhija father of the deceased Hem Chand Makhija

2. Sheela Devi Makhija mother of the deceased Hem Chand Makhija

3. Shanker Tejwani friend of the deceased Hem Chand Makhija

Khajrana

1. Mehrunnisa mother of the deceased Imran- 17 yrs

2. Abdul Rafiq father of the deceased

3. Zaibunnisa- grand mother of the deceased Imran

4. Members of the local community ( approx 10 people)

Khajrana Village

1. Nana Patel father of the deceased Anwar Patel- 19 yrs

2. Mohd Imtiaz brother of Mehmood

3. Rasheeda, Wife of Mehmood

4. Shama Bi, Mother of Mehmood

5. Members of the local community ( approx 50 people)

The team met the following officials:

District Magistrate

Superintendent of Police

Additional District Magistrate

I am writing the account of what we saw and heard. One day is neither enough to understand and grasp the intensity of any communal attack nor to share the grief of the victims. The background of the Amarnath dispute has been contributed in the report by Dr Ram Puniyani.

Background

Amarnath yatra has been one of the major religious tourism activities of the J & K state, well managed by the local population, mainly Muslims of the area, till 2001 when Shri Amranath Shrine Board (SASB) was formed and it took over the arrangements of the pilgrimage. SASB had Governor of the state as the chief and Governor's Principal Secretary as the Chief Executive Officer (CEO). Gradually the SASB started asserting beyond its mandate, e.g. going on to construct shelters and structures on Pehalgam Golf Course, mainly due to the clout of the Governor who headed this body. In 2005 SASB, contrary to the laws, was granted the permission to use the forest land for the tourists. Incidentally, CEO's wife was the forest officer who cleared this highly illegal demand of the shrine board. This started the process, which ultimately went out of hands of the local government. While Government initially opposed the order of the forest department, the high court stayed Government's decision. Following this the state Govt. transferred the land to SASB and then cancelled it.

BJP and VHP gave a nation wide call to observe Bharat Bandh on July 3, 2008 on the Amarnath land transfer issue.

July 3 & 4, 2008-Incidents in Indore

Indore is the largest city of Madhya Pradesh. It is situated on the Malwa Plateau, just south of the Satpura Range. It is the commercial centre of Madhya Pradesh.

Indore was engulfed in violence for several days after the BJP & VHP gave a call for a Bharat Bandh. What Indore witnessed was well orchestrated mayhem planned by the Sangh against the minority community with the full connivance of the state administration.

RSS and various Sangh organizations under its umbrella have been vitiating the atmosphere of the city for several years. Though the city has a long history of co-existence of various communities and a rich syncretic culture, the systematic communalization of the society has been underway especially since the BJP came to power in the state in 2003.

The pattern of the violence that took place in Indore on July 3 & 4, 2008 clearly reminds us of the systematic planning of the Sangh to eliminate and marginalize the Muslim community on the pattern of the Gujarat carnage of 2002, the only difference being of the scale and the provision of the relief after the attacks.

The SP and the Collector visited the Indore RSS office on July 2nd evening as well as on July 3, 2008 morning.

Even before July 3, 2008 Bharat Bandh, the Sangh members raised highly abusive and provocative slogans in front of some mosques. In Mukeripura and Malwah Mill area slogan shouting was done at the prayer time. Processions with naked swords were also taken out on July 2 in minority areas.

The collector and SP both new to the area , they had joined a month earlier, said in an interview that they did not expect the kind of violence that took place on July 3, 2008. The question is were the incidents of July 2 not an indication enough or did they visit the RSS office to take a brief?

On July 3rd, 2008 in Khajrana colony some small tea shops owned by Muslims were open. About 25 people from the Sangh went there and asked them to shut the shops. The crowd vandalised the shops and beat up the shop owners. They raised highly provocative slogans .A scuffle took place and the attackers also got hurt in that. They returned to the Patidar mohalla and called out to people and a mob collected. They started pelting stones and slowly stone pelting started from both the sides. Police arrived on the scene and threw tear gas shells. The mob retreated towards the Ganpati Mandir.

Between 11 and 11.30 the VHP and Bajrang Dal members started attacking any Muslim that came on the road with hockey sticks. The Muslims for going anywhere have to use this way as there is no other road to go out. Any Muslim that came on the road was surrounded and brutally beaten up, after checking their identity if it was not too obvious. Approximately 50 Muslims including children , women and old were beaten up and injured. The injured covered with blood started coming towards the village mosque. Police did not take any steps to stop the beatings and humiliation of the Muslims. The Muslims went to the police station to ask for help but the Police did not respond. VHP and other supporters were there in large number. Stone pelting started from both the sides. Soon firing started resulting in three deaths (all Muslims) and 19 injured (all Muslims).

As the fact finding team drove towards the Khajrana village we were shocked to see a house which had more than 20 bullet holes. It is a clearly one sided attack since all deaths and majority of the injured are from the minority community. The police had not arrested anyone when we visited the place.

We asked the SP and the Collector how many licenses for the firearms have been issued in the recent past. They decided not to reply to the questions. According to our enquiries more than 2,000 licenses have been issued in the last two years and one hardly need to guess who the beneficiaries would be.

Almost simultaneously the VHP, Bajrang Dal and other goons entered various Muslim dominated areas (Badwali Chowk, Ranipura, Lodhipura, Mukeripura, Narsinghbazar, and Khajrana) shouting provocative slogans, misbehaving with local residents. The police stood and watched.

All shops belonging to the Muslims were attacked. Medical shops belonging to Muslims were attacked. Bengali speaking Muslims were especially targeted.

Violence that erupted on July 3, 2008 took the lives of four people. Imran ( 17yrs) killed by the Police in front of Khajrana Thana, Anwar Patel, Mehmood and Sharif Patel all from the Khajrana village.

Anwar was 19 years, worked as a help in Fatima Patel's clinic. He was hanging the clinic's washed linen when the bullet hit him. Nemichand Patidar an active member of the BJP shot him. The bullet pierced through his body, entering near the eye and coming out near the stomach. FIR was lodged by his father Nana Patel. He is an eye witness to the killing of his son. No arrests have been made.

Mehmood was near the spot where Muslims had started coming in after being beaten up by the VHP goons. He got up on a building to see what was happening. Stone pelting was going on. Santosh Patidar's bullets hit him according to an eye witness. 9 bullets had pierced his body. Police took him to a hospital. His Medico Legal Report or the Post Mortem report was not given to the family. FIR was lodged. No arrests have taken place. Had it been a reverse case we can imagine the number of people who have been arrested.

We met Mehmood's wife and mother who were inconsolable. Mehmood's small son and four daughters face a bleak future as he was the only bread earner of the family.

Hem Chand Makhija, 25 yrs, was a commission agent in the anaaj mandi (wheat market). He lived in Sindhi Colony with his parents, wife and a brother. He was playing cricket when his friends ( Shankar Tejwani-30 yrs and others) came and called him to go with them and join the VHP Bandh Procession. They parked their car at Lodhipura and joined the procession in Mukeripura. The place is about 5 kilometers from the Sindhi colony where he lived. The processionists were shouting slogans: Go back to Pakistan. Stone pelting started. Police threw tear gas shells. When the tear gas shells were thrown according to Shankar Tejwani they ran towards Laxman Singh Gaur's house as that was the place they knew well. Incidentally Lakshman Singh Gaur was the BJP minister till last year when he died in a road accident. In the melee the friends got separated. After sometime when Shankar Tejwani started looking for Hem Chand, he saw someone bringing him on a cartwheel. According to him and Khattu Mal Makhija, Khem Chand's father, he died of a bullet injury. The family has not seen the Post Mortem report. We could not find any eye witness.

Funeral procession of a young boy Imran (17 yrs), who was dragged and killed outside Khajrana Thana by a policeman ( Shailendra) by placing his barrel of the gun in his mouth ,was lathi charged, even though the family had curfew passes for 25 people. Police prevented 'Namaz-e-janaza' on the pretext that women threw stones at them. They lathi charged and used teargas. The father of the boy Abdul Rafiq was badly beaten up by the police when he was carrying his dead son to the kabristan.

When we pointed it out to the SP and the Collector that the policeman who murdered Imran in broad daylight has not been suspended or arrested, they replied that the woman (Imran's mother-Mehrunissa) was arrested in drug peddling that is why she is naming him. Her being arrested for drugs peddling does not change the fact that her 17 year old son was killed in broad daylight. The 11 year old younger brother Shahrukh is an eye witness to the murder. The family had not been able to get a Post Mortem report till the day we visited them.

It is also very important to narrate here that the 500 meter walk from our car to Mehrunissa's house was so filthy we could barely walk with our sandles continuously slipping on the mud and filth and when we returned after spending about 40 minutes our feet looked as if we have been working in open muddy fields for days.

We asked the collector what happens to the development money and why it never finds its way to the colonies where minorities live. We were told that the road is in the pipeline but when it will be built is a big question. I was reminded about the rehabilitation colonies where 5000 internally displaced families live in Gujarat. They have not been able to return back to their villages even after 6 years of the Gujarat carnage 2002. Only after a long struggle by the Antarik Visthapit Hak Rakshak Samiti and several rounds of meetings that we held with the NHRC, NMC and other agencies the Principle Secretary, Gujarat was sent a notice by the NHRC to improve the living conditions of the colonies.

Despite the mindless violence that took place on July 3rd and took many innocent lives, the district administration was not prepared to put an end to it. Many parts of Indore witnessed fresh violence and killings on July 4, 2008.

The areas of Mukeripura, Khajrana, Badwali Chowk, Lodhipura, Mukeripura, Narsinghbazar, and Khajrana were put under curfew after the July 3 violence.

In Juna Risala the policemen themselves resorted to firing. Not all of them in police uniforms. Many in plain clothes and off duty joined the firing. According to local people RAF helped the bandh supporters. Every group of bandh supporters was armed and escorted by the police.

A group of people were returning home after the namaz around 2-2.30pm. There was stone pelting going on near the mosque. There has been a long pending property dispute near the jinsik chauraha. According to local people the situation was not such that the police had to open fire. 8 people got hit by the bullets. Two died and the rest were injured. Majority of the injuries are in the upper part of the body contrary to any norms of crowd dispersal and management. Even if there was a huge crowd, which according to all the people whom we spoke to was not there, police could have first used the tear gas, then rubber bullets, fire in air, fire first on the legs. Many people named the constables Yashwant, Neeraj and Jitendra who fired indiscriminately on innocent boys and others killing two and injuring 6.

Someone screamed at one of the constables who were firing indiscriminately at people: Why are you shooting at innocent people?

The constable replied: State Ka Order Hai.

The injured when taken to the hospitals by the local community were surrounded in one hospital by the Bandh supporters who did not let the hospital treat any Muslim patient. There were also complaints about some doctors giving out dated medicines and injections to the patients in a government hospital. It reminded me of the VHP leaflet which was given to me in 1994 by a senior politician. The leaflet had instructions for the doctors in detail on similar lines. At that time we firmly believed that a doctor cannot do it. But we have seen both in Gujarat and now in Indore that the communal thought has seeped into some of the professionals even in this noble profession.

Mohd Rizwan, 22yrs, s/o Abdul Rahman died of a bullet injury. We met his mother, grandmother and his uncle- Abdur Rehman. His mother and grandmother were inconsolable.

Zeeshan, 18 yrs also died. Zeeshan worked with Mohd Hanif Pyare Mian who has an electric shop. Zeeshan was one of Pyare Mian's finest pupils and was very hard working. A number of people who had crowded into Zeeshan's small house echoed the same fact that the police firing was absolutely uncalled for. The situation was not such that it could force the police to fire.

Gulam Ahmed Khan, one of the residents of Juna Risala responded to the crises and carried many patients to the hospital on a motorcycle one by one. He reached Rajshree hospital with a patient and before the doctors could tend to the patient he was surrounded by about 20 Bajrang Dal members. They shouted: No Muslim patient will be treated here. Swarup Gaur and Harsh Gaur were among the crowd of attackers. They were armed with lathis and some with even swords. Gulam Ahmed Khan thought for a moment that his end has come but the uproar attracted local Marathi women, who came and fought with the Bajrangis and rescued Gulam Ahmed Khan and the patient. They asked Gulam Ahmed Khan to go to another hospital as they could not guarantee his safety.

Gulam rescued many patients and transported them to the nearby hospitals. His kirana shop remained closed for over 20 days as he had no time to sit there.

Gulam narrated to us that people from different communities have lived together in Juna Risala. They actively participate in each other's functions and on daily basis to. The two communities have close ties and this is something which is unacceptable to the Sangh outfits.

Gulam registered an FIR against the three constables who fired at people. They have not been arrested nor suspended, though a SDM level enquiry has been orderd.

State has filed an FIR against Gulam & others under sections 147/ 148/ 149/ 307 and 353.

From our experience of other states and the last 10 years trends we have seen that places where people from various communities visit like the dargahs, colonies where they live together in harmony are especially targeted by the Sangh and now more and more supported by the local police as was evident in Juna Risala. During the Gujarat carnage of 2002 hundreds of dargahs were demolished including those of the famous urdu poet Wali Gujarati and even Ustad Fayaz khan's mazar in Vadodara was vandalised. RSS's latest attack is on Sufis and Sufism. They came out with a big article in their mouth peace Organiser a few months ago attacking the whole Sufi tradition. The Sangh's intentions are very clear; do not leave any space where people can interact with each other. The segregation and ghettoisation breeds fear against the 'other' and it becomes much easier to spread myths and demonize a whole community.

Faiz is a young 17 year old boy with innocent eyes and a childish face. He has science subjects and studies in 12th. The marks will decide his future. With cut off percentages of colleges crossing all limits during the past few years no student can afford to loose even a few days in the present time and day. Fiaz has not attended school for over a month. Aijazul Hasan (age 44) was shot at from close range. The bullet hit his stomach. The intestine has been damaged. He already had two operations and will undergo another surgery after a month. Aijazul who is an auto dealer has not been able to open his shop for over a month.

Constable Yashwant shouted- Neeraj I will pull the trigger first. Neeraj replied: No let Jitendra do it. His aim is very good.

His aim was an 18 year old young B Com final student of Christian Eminent College. Salman Ahmed was returning after saying his prayers around 2.30pm. He heard a commotion and when he looked back he saw 3-4 policemen come out of chauthi paltan and fire. One bullet hit him.

According to the community members all the three constables have a history of misbehaviour with the local residents as well as communal attitude.

Rafik (22yrs) s/o Alla Baksh was injured in firing. He was hit at the thigh joint and had to undergo an operation.

Gulrez (19yrs) - an air condition repair worker got the bullet from the back. He saw policemen in plain clothes firing. According to the locals they even used private fire arms. They had hid themselves behind the bushes and they bent on their knees and took aim at the people returning from the mosque.

Incidents were also related which were very encouraging. While the three policemen mentioned earlier shot, killed and injured people there was constable Avasthi who helped Gulam in taking the patients to the hospital on his motorcycle. From the local neighbourhood a number of people from the Hindu community helped and participated in the funeral of the young boys who were killed.

Haroon Bhai, the owner of Mayur Hospital, offered his free services to all those, who were injured in the riot. According to local Human Rights activist Vineet Tiwari, Haroon told them that total 27 injured were admitted officially in Mayur Hospital, during that period. Out of these 24 cases were of gunshots. All 27 were Muslims. One person, who was the driver of Sub Divisional Magistrate (SDM), felt uneasy and restless, so he was sent to the hospital. He was on Glucose drip.

After July 3rd , 2008 incidents some areas, as already mentioned above, were put under curfew After the large scale violence on July 4, 2008 the whole city was put under curfew.

While the whole city including Narsinghbazar was under curfew, the mohalla Chatripura literally next door was witnessing a religious procession. The administration allowed a Rath Yatra of the Venkatesh Mandir. 3000 strong procession was allowed to go through those very lanes and roads which had witnessed mayhem a day before. Sumitra Mahajan, BJP MP from Indore and MLA Mahendra Hardia participated in the procession. Sumitra Mahajan danced Garba in front of the Rath in the lanes which were soaked in the blood of the minority community.

Findings:

1. The violence that took place in Indore on July 3 & 4, 2008 was pre planned as part of the Sangh's larger agenda of reducing the minority community as second class citizens and to break the economic backbone s well as humiliate the community.

2. The RSS played an active role in planning the simultaneous attacks in various localities.

3. The police provided cover to the Sangh attackers during the attacks on the minority community.

4. The police broke all norms of crowd dispersal and management by opening fire on people in Juna Risala.

5. The administration has played a biased role in not arresting the culprits.

6. The state apparatus is threatening those community leaders who have stood up against the injustice by trying to put the charges on them that they are associated with SIMI.

7. Linking innocent people with SIMI is used as a weapon by the police to frighten the minority community.

8. Those police personnel who want to work objectively are under tremendous pressure from the RSS and the BJP politicians.

9. Relief in most cases has been given. The rehabilitation process in under way.

Recommendations:

1. An immediate enquiry by the sitting Chief Justice of the High Court into the incidents of July 3& 4, 2008 in Indore.

2. Suspension of the police officers involved in firing in Juna Risala.

3. Sensitisation workshops of the police personnel on issues surrounding communalism, democracy, Indian constitution.

4. Action against the local RSS head, MP and local MLA for masterminding the violence.

5. Identify doctors who gave expired medicines and injections to the Muslim patients and immediately start criminal proceedings against them.

6. Rehabilitation package to include education of the dependent children of the deceased.

Press Release - Tribunal on the Atrocities against Minorities in the Name of Fighting Terrorism

anhad e-admin — 2008-08-26T04:58:49Z

Press Release

People's Tribunal on the Atrocities Committed against Minorities in the Name of Fighting Terrorism

Hyderabad, August 24, 2008: A three-day People's Tribunal concluded here today after recording testimonies of over 40 victims who have been arrested, harassed and tortured by police and State security agencies in violation of standard legal procedures in the name of fighting terror.

This fight against terrorism, victims emphasized, has veered more around witch hunting of Muslims rather than curbing terrorism, thus robbing people of their liberty and freedom and making them more insecure than ever before. The real culprits, they said, often roam freely whereas the poor and gullible Muslims are picked up and thrown into jails at whims and fancies of the powers that be. Victims after victims, who have undergone harassment and torture without any evidence permissible in the court of law against them, deposed before the tribunal — comprising country's eminent personalities including former judges, lawyers and renowned social activists – and narrated their tales of woes to the shock and anguish of hundreds of audience.

The security-centric State is empowering itself ever more while robbing citizens of freedom and security. The underlying theme emerged that invariably, only people from one community are arrested; only organisations of one sort are blamed and motives too similar are rattled most of the times. The State agencies responsible for such crimes exercise incredible impunity and are never questioned.

The deponents comprised primarily those who were arrested by the police on various charges of acts of terrorist violence and related crimes, but were later let off due to lack of evidence. Those who are accused of such crimes and are in jails were represented by their close relatives. Invariably, all those who deposed, belonged to Muslim community. In addition to verbal testimonies, some of the deponents also submitted copies of documents pertaining to the cases.

After hearing them carefully, the jury issued its interim report emphasizing that a large number of innocent young Muslims have been or are being victimized by the police on charges of terrorism in gross violation of law. The People's Tribunal showed that police, intelligence agencies and even judiciary are constantly compromising civil liberties and constitutional rights all over India. Innocent people are being arrested, illegally detained, tortured and forced to confess complicity in terrorist acts with which they have no connection whatsoever. It seems that the Indian state has become an apparatus that willfully ignores the basic human rights of minorities in the country.

It would also appear from the testimonies, that many times the police rushed to the press immediately after nabbing some person and dole out the stories of their success and relate the progress of the investigations. The media without any means or wherewithal to check the stories and racing against deadlines reproduced this police version ad verbatim. The result of this was that the public would often get the impression and assume that the culprits and even the mastermind of an act of terrorist violence had been arrested. They would thereby reach the conclusion that they were safe from further acts of violence. This myth would only be shattered after another fresh bout of terrorist act.

The direct fallout of this high voltage publicity, it would seem from the testimonies, is that the accused would often times fail to get proper legal support. At least two lawyers appeared before the tribunal narrating their tales of woe after they took up the case of persons who were accused of acts of terrorism by the police. The lawyers told the jury that at the local bar association passed resolutions that no one from the local bar would represent the accused and neither would any one from outside come and do the same. These two lawyers who defied the ban were beaten up.

It is the collective responsibility of society, the tribunal emphasized at the end of three days, to ensure that the merchants of terror are punished but at the same time society has to take care that deep rooted prejudices do not develop against certain sections - so much so that these sections start wondering whether they are part of this society at all or not.

Press Release PDF

Press Release

People's Tribunal on the Atrocities Committed against Minorities in the Name of Fighting Terrorism

Interim Observations - Tribunal On Atrocities Against Minorities

anhad e-admin — 2008-08-26T04:52:17Z

Peoples Tribunal On The Atrocities Committed Against Minority In The Name Of Fighting Terrorism

22-24 August 2008 at Hyderabad

Jury Members

Justice Sardar Ali Khan,
Justice S.N. Bhargava,
Mr KG Kannabiran,
Dr. Asghar Ali Engineer,
Mr Prashant Bhushan,
Mr Ram Puniyani,
Ms Rooprekha Varma,
Mr Lalit Surjan,
Mr Kingshuk Nag

Depositions and statements recorded in over 40 cases from across the country

Interim observations:

The testimonies showed that a large number of innocent young Muslims have been and are being victimized by the police on the charge of being involved in various terrorist acts across the country. This is particularly so in Maharashtra, Gujarat, Madhya Pradesh, Andhra Pradesh and Rajasthan, though not limited to these States.

In most of the cases, the persons picked up are not shown to be arrested by the police until many days after their arrest in gross violation of the law. Their families are also not informed about their arrest. In many cases, they have been tortured in Police custody and made to “confess” and sign blank papers. The police has been often humiliating Muslim detenues on the ground of their religion. The testimonies show widespread communalization of the police across states in the country.

In most of these cases, the Courts are routinely allowing police remand and not granting bail, merely on the police statements that they are required for further investigation. They do not examine whether there is any evidence against the accused. Unfortunately, the media too uncritically publicizes the charge and allegations leveled by the police. This has resulted in the destruction of the lives and reputations of a large number of persons so picked up by the police who have later been found to be innocent.

When the police chargesheets the victims, the trials go on almost interminably during which poor victims are virtually defenceless since they are often not even able to get lawyers. In some cases, Bar Associations have been preventing lawyers from appearing on behalf of persons accused by the police of such terror offences. However, though this is gross contempt of Court, the Courts have not taken action against such Bar Associations and lawyers who are coercing other lawyers in this manner.

Even when the victims are acquitted or discharged on being found innocent, they are not compensated for the destruction of their lives and reputations. Even when the case against the victims is found to be totally cooked up, no action is being taken to hold the concerned police officials accountable. This has led to an impunity among the police officials as a result of which they are casually and callously picking up and victimizing innocent persons, particularly Muslims, sometimes to extract money from them.

It was been reported by the victims that those citizens who are picked up by the police officers for interrogation and are subject to repeated harassment and torture, are implicated in false cases even after release or acquittal and are further subjected to mental and physical torture.

Unfortunately, the Courts are going along with this behaviour of the police and are virtually ignoring allegations of torture in police custody. Hardly anyone is being held accountable for the torture and third degree methods that are being routinely practiced in police and even in judicial custody.

Unfortunately, the Human Rights Commissions which should have taken suo moto cognizance of such victimization and violation of human rights of these people have by and large been treating even complaints about this with casual indifference. They either do not take up such cases on the ground that they are the subject matter of court proceedings or just ask for a routine police report without getting any independent investigation done on such serious charges of human right violations.

This victimization and demonisation of Muslims in the guise of investigation of terror offences, is having a very serious psychological impact on the minds of not only the families of the victims but also other members of the community. It is leading to a very strong sense of insecurity and alienation which may lead to frightful consequences for the nation.

Interim Recommendations

1. State Human Rights Commission and National Human Rights Commission and State Minority Commission should take up such matters seriously and should come to independent finding itself and awarding adequate compensation in suitable Cases. It should not wait for somebody to approach the commission but should take action Suo-moto . They should utilize their own agency to find out the truth. The malafide prosecution of innocent persons is also a serious violation of Human Rights which must be vigourously pursued by the Human rights Commissions.

2. The courts must not routinely grant police or judicial custody but must examine at that stage whether there is any credible evidence against the accused. The Courts should keep in mind that no reliance should be placed on the alleged confession of the accused even for consideration of bail/remand.

3. Whenever any person is released by the police for want of evidence against him the Courts should award adequate compensation for the destruction of his life and reputation. In such cases the courts should examine if the prosecution was malafide, and if it is so found, the police officials involved must be held accountable and the compensation payable to the victim must be recovered from the officers concerned.

4. Cr.P.C should be amended to make it obligatory on the Courts to award adequate compensation to the innocent victim who is discharged or acquitted due to lack of evidence or was falsely implicated.

5. There ought to be separate department/wing for investigation who should be given specialized training on modern scientific basis, in line with the recommendations of the National Police Commission, duly endorsed by the Supreme Court. Independent police complaints authorities must be immediately set up at all levels in line with the Supreme Court's judgment in the Police Reforms case.

6. The trial courts be provided with a medical officer who can immediately examine any accused complaining of torture in Police or judicial custody. The courts must immediately, on any complaint being made, order such examination and take stringent action if the allegation is found true. The number of Trial courts must be greatly increased to ensure speedy conclusions of Trials. Investigations must also be concluded within the shortest possible time and extensions of time must not be routinely given. An adequate cadre of competent defence lawyers must be created to defend those accused who cannot afford their own lawyers. An independent statutory office of public prosecutors must be created.

7. The Police during interrogation or investigation cannot get blank papers signed by the accused; Police officers found indulging in such practice must be severely punished. Narco analysis is a psychologically and physically third degree method of investigation which is not even scientifically proven. It must not be allowed on persons particularly without consent.

8. Persons including officials of Bar Associations seeking to prevent lawyers from representing accused persons must be hauled up for Contempt of Court for interfering with the adminstration of Justice.

9. Special sensitization programmes should be organized for the Judiciary and Police regarding Human Rights.

10. The Governments should provide adequate compensation to the relatives of the person who died due to police firing at Mecca Masjid. No discrimination should be made based on religion or caste or place of residence. Employment should also be provided to the dependents of the deceased.

11. The Media, both Print as well Electronic should be very careful not to publicize mere allegations or claims of the police which can irreparably damage reputations of innocent persons without subjecting them to basic scrutiny.

12. In cases where all the bread earners of a family have been arrested by the police, the families of the victims, especially minor children and desolate women are rendered penniless and helpless and are driven to starvation. In such cases, until and unless the accused are convicted by courts, the State must provide regular financial help to the extent that the education of children is not disrupted and the family is not starved.

13. India must immediately sign the International Criminal Court Treaty known as the Rome Statute which has been signed by most countries.

Selected Testimonies: Tribunal on the Atrocities against Minorities in the Name of Fighting Terrorism

anhad e-admin — 2008-08-26T04:19:35Z

INDEX

TRIBUNAL SCHEDULE FOR AUGUST 22-24, 2008

• Case No 1 Kalim Ahmed Karimi-Gujarat 2

• Case No 2 Dr Farukh Makhdoomi-Maharashtra 5

• Case No 3 Aftab Alam Ansari-UP 7

• Case No 4 Yakoob Khan-Tamil Nadu 9

• Case No 5 Dr Juned-Andhra Pradesh 11

Gujarat Case Studies

Name of Victim: Kalim Ahmed Kalimulla Mohd Habib Karimi

Address: Kalupur, Ahmedabad

Source of information : By newspaper
Period of the fact finding : 16-08-2008

1. Details of the case

Sl, N.	Subjects	Details of the case
1.	Nature of offence	Police Torture, Illegal Detention
2.	Date / time of the incident	APRIL 2002 TO 3,APRIL 2003 at 12
3.	Date /time of FIR/ police station	4/04/2003, 12:00, Crime Branch police stations vide C.R.No I.6/2003 Ahmedabad.
4.	Sections of the case	120B, 121,121A, 122,123 of Indian Pinal Code and under section 3(1)A, B, 3(3), 4, 20, 21, 2(B), 22(3) of Prevention of Terrorism Act (POTA)
5.	Date / time of medical Examination

Background and summary of the case

Kalim Ahmed Karimi is 33 yrs with a high school certificate and an ITI course certificate in Radio and TV repairs. He used to run a small radio repair business. He has a 7 year old son and a 4 years and 6 six months old daughter. On 3rd April, 2003 he had gone out to get some medicines for his pregnant wife who was unwell. He never came back. Later on, the family came to know that somebody shouted out to him, saying that they were the police and took him in for questioning. Although Kalim was picked up on the 3rd of April from Ahmedabad, the CBI states that they arrested him on the 26th of April in Andhra Pradesh. They asked for him to be remanded for 3 days and then brought him to Ahmedabad.

On 29th April, after being remanded for 11 days, he was produced in the Meghaninagar court. Thus after 14 days, the court was given custody and immediately, on the basis of a transfer warrant, he was arrested by the crime branch. After being remanded for another five days, the crime branch declared that a Tamncha was found from Kalim. His father wanted to know where could have Kalim possibly hid this Tamncha during his 14 day remand with CBI?

Kalim was illegally detained from the 3rd to the 26th of April. What happened to him during this period has been described by him in a written complaint from jail.

He was charged with the Tiffin Bomb Blast case, the Haren Pandya murder case and a Jihadi Conspiracy.

Statement of the Habib Karimi (Kalim's father)

Habib Karimi from Kalupur, Ahmedabad is 70 years old and runs a small business as a newspaper vendor.

At about 10 pm on the 3rd of April, 2003, 20 to 25 men of the Crime branch, including Inspector Sayeed, Vaghela, Barot, Trivedi, Chauhan etc barged into our home. They started questioning us on the whereabouts of Kalim. We told them that we ourselves were extremely concerned as Kalim was not to be found since the morning of that day. They completely ransacked our home. They asked me to go along with them for questioning, put me in a vehicle and took me to bungalow no-16 (as I later realized). PI Trivedi wrote a statement about my family details after which he asked me to go to sleep. I was rudely woken up around 2:30 in the morning by PI Sayeed and Trivedi. They told me that they wanted me to go along with them to my brother's, Abdul Sattar, house in Juhapura. At 3 am we knocked on the door of my 80 year old brother's house, wherein he and his 76 year old wife were questioned about the whereabouts of Kalim for about two hours. After which they took me back to Shahibaug and asked me to go to sleep.

On the night of the 4th they took me to Gaekwad Haveli station and kept me there till the 9th of April. During this time they continuously kept asking me about my son.

At 10 pm on the 9th of April they told me I could go home. However, before leaving I would have to sign a few papers they said and presented me with a few blank papers. I said that please write whatever you have to write on these and then I'll read it and sign. On this Vaghela went into a rage and said that now I wouldn't be sent home. I pleaded with him, saying that I am an old man and suffer from blood pressure and breathing disorders and I am quite exasperated with all this, so please let me go home. Out of desperation I signed the blank papers after which they said I could go home. They told me that I should not contact any lawyer and that they had men keeping an eye on me. I was also told not to forget that they had my signatures on blank sheets.

On the 11th of April I received a call from Trivedi asking me to come to Gaekwad station. I was taken in a jeep to Kalim's shop, along with Vaghela, Barot, Trivedi, Chauhan, Singhal and about 25 other men. They broke open the shop and ransacked it for about one and a half hours. After which they put their own lock on the shop and asked me to go home.

After about a month the CBI men went to this shop and broke open the crime branch lock and further ransacked it for investigation. Thereafter they put their own lock on the shop. About one and a half month thereafter Mr. Agrawal once again broke open into shop, leaving me with the present damaged condition of the shop.

We are from a very decent family with a business background. Nobody has ever had a police case registered against them in our family. They have beaten and tortured my son in an unspeakable manner and forced him into signing a confession. My son and some others have narrated the torture experience and the forcible confessions to the POTA Judge Sonia Gokani.

My son was illegally detained from 3rd to 26th April. What happened to him during this period has been described by him in a written complaint from jail. I have forwarded the complaint to several authorities including the President of India, NHRC and NCM, amongst several others.

Ahmed Kalim has been sentenced to 14 yrs for the Haren Pandya murder case and to 10 years in the Tiffin Bomb Blast.

The condition of his family is really poor, with the sustainability of the family depending on the sale of newspapers by Kalim's father, Habib Karimi.

Maharashtra Case Studies

Name of accused: Dr Farooq Makhdumi, 33

Address: Masjhid Kahke Saeed Da, Kusumba Road, Malegaon.

Contact details: (02554) 236078

Lawyer: Shahid Azmi until recently, when he was no longer wanted by the family, as the lawyer is being investigated by the police.

Source of information: Newspaper

Period of fact finding: 11/08/2008

1. Details of the case:

SIN	Subjects	Details of the case
1.	Nature of offence	Illegal detention and torture by police
2.	Date/time of detention	6/11/2006
3.	Date/time of FIR
4.	Sections of the case	MCOCA

List of Victims

SI N.

Details about the victims

Age

Occupation

Address

||Dr Farooq Makhdumi|33| Doctor of Medicine|Masjhid Kahke Saeed Da, Kusumba Road, Malegaon.|

List of Perpetrators

SI N.

Details about the perpetrators

Age

Occupation

Address

List of Concerned Public Officials

Si N.

Details about the concerned public officials

Age

Occupation

Address

2. Statement of the accused:

At 11pm on the 6th of November 2006 the accused was taken by members of the ATS from the hospital where he ran a private dispensary. He was formally arrested on the 11th of November under MCOCA. On the 19th of November the accused was taken to Bangalore where he was subjected to two narcotics, or ‘truth serum', tests whilst only one of these was authorised. Taken back to Mumbai he was tortured into signing a piece of paper with lots of different statements, a few of which incriminate him in the Mumbai bombings. He was transferred to Arthur Road Jail on the 20th of November and then onto Ratnagari special prison as he began communication with an NGO.

The police claim that an ‘approver' claimed that Dr Makhdumi called a meeting – at which he claims to be present - as a member of a covert militant cell on the 7th of September at his clinic at 7pm. On the 7th of September Dr Makhdumi had treated 45 patients and finished work at 6.30pm. On the 8th of September he treated 16 patients before 11.30am and from his clinic went to drop his mother-in-law off at home. He then went to the mosque and heard about the bomb blast from fellow worshippers. He then went looking for his father around the bomb blast site; unable to find him he went to the hospital to treat the injured blast victims. Forensic tests from the accused's house and dispensary found no trace of explosives or other illicit material.

Uttar Pradesh Case Studies

Name of accused: Aftab Alam Ansari, 24

Address: Kalkota

Contact details: 09831630764

Lawyer: Md. Shaueb Ahmed

Source of information : By newspaper , from Aftab himself and from Md. Shuaeb, his lawyer

Period of the fact finding : 23-07-2008

1. Details of the case

Sl, N.	Subjects	Details of the case
1.	Nature of offence	Alleged to be a mastermind of 23rd Nov. 2007 bombings.
2.	Date / time of the incident
3.	Date /time of FIR/ police station	Arrested on 27/12/07, Fir produced on 28/12/07
4.	Sections of the case	IPC 115, 120(B), 121, 121(A), 122, 124(A), 307; UA(P)A 16, 18, 20, 23; ESA 3, 4, 5, 6, case number 547/2007
5.	Date / time of medical Examination

List of victims

Sl.	Details about the victims	Age	occupation	Address
1.	Aftab Alam	24	Works for Electric Supply Corporation of Kolkata	Kalkota

Statement of Aftab

On the 27th of December 2007 he was made to sign a blank piece of paper by people who claimed to be from the loan company, after which he was tied and taken from his workplace, the Electric Supply Corporation of Kolkata. He spent one day in Kolkata police station. He was then forced into a van and driven to Lucknow on a 17 hour journey. He was tortured when he arrived and forced to say that is name was Altaf Muletar, a.k.a Raju and he is responsible for the bombings in Samkat Muchan Mandir and the Courts in Lucknow. He was then sent to the civil jail in Lucknow where he was deprived of clothes in the cold and was imprisoned there for twenty two days. While he was in jail police raided his house and took away a lot of documents. He was eventually released on the 17th January.

Media Report:

Newspapers support Aftab, they talk about how, even after being pronounced innocent by the CID, his family is being harassed by the police.

The newspaper story ran that he was in police custody for 22days with the CID and the CID said he was the area leader for HUJI. They talked of how he was from Bangladesh, even though he lives in West-Bengal and was accused by the police of being responsible for the court room blasts in Lucknow. After his release Aftab asked for Rs. 80000 as compensation from the Chief Minister of West-Bengal, however the JNU spokespeople contacted the police on his behalf asking for 5 lakh rupees as compensation. The people's Union for Human Rights also helped to secure his release.

Released due to innocence on 17th January and was able to keep his job.

Tamil Nadu Case Studies

Name of accused: Yakoob Khan

Address: Coimbatore

Details of the case

S. No	Subjects	Details of the case
1.	Nature of offence	Illegal detention and torture of Muslim youth by Police personnel.
2.	Date /time of FIR/ police station	15th of February 1998; Crime no. 151/98; B1-police station
3.	Sections of the case	Explosives Act: 4-B

List of victims

S.No	Details about the victims	Age	Occupation	Address
1.	Yakoob Khan	27	Manufacturer	Coimbatore

Background and summary of the case:

Yakoob Khan

Yakoob Khan is 27 and he assembles TV stands. He lives in Coimbatore and was arrested at the age of 17.

The police claim that Yakub Khan was the sixty first member of a team of one hundred and sixty six. He is said to have helped transport the blast material that was used in the 4pm, 14th of February 1998 bomb blast. On the 14th of February Yakub was actually in his college at the Industrial Technological Institute. Classmates and teachers have been pressured not to come forward as witnesses.

A month after the 14th of February 1998 blasts when there were constant reports of the police picking up young boys from all over Coimbatore, Yakub's family sent him to a family house in Chennai (Madras). Yakub was to stay there until things were back to normal and then return. He was at this time studying at the Industrial Technological Institute. Soon after his departure the police approached Yakub's family and upon realising that he was absconding released a warrant against him. The family was constantly harassed. All the family, including Yakub's younger brother, were followed wherever they went. Soon after the Police confiscated all the families documents such as proof of age certificates, school papers etc. The family soon gave up to the police pressure and asked Yakub to surrender to the Police.

Yakub surrendered to the police on April the 18th 1998 in Chennai and was charged with section 17/102 (involvement with a banned movement). Soon after being arrested another charge, that of murder was put on him. He was taken to Vellore jail 15km from Chennai and kept here for one and a half months. He was subsequently transferred to Coimbatore jail where he was charged with the additional charges.

On the 2nd of June he appeared in court in Chennai. Every ten days he appeared before the court only to have his remand extended. After three years a government lawyer was appointed for him. The Special court in his case too, refused to let him be tried as a juvenile. In the final judgment Yakub was given seven and a half years of imprisonment. However, since he had already served nine and a half years, he was released.

For the first year and a half Yakub was kept imprisoned without his surrender being registered. He was in this duration beaten up and tortured. He was provided with neither a lawyer nor a hearing in front of a magistrate and denied or given food at the will of the guard.

Yakub's father was a Kuli who also sold wood to make ends meet. In his absence the family lived in a terrible condition as there were no other hands left to work.

The Media reported that Yakoob was a terrorist.

On his release he set up his own TV stand manufacturing business but no bank will give him any type of loan. Whenever he wants to visit his relatives, or leave town, he is stopped and questioned by the police. Whenever there is a religious festival or contentious event he is followed and forced to be at home. Yakub's relatives and friends are for the most part avoiding him.

Case Studies Andhra Pradesh

Name of accused: Dr Juniad

Address: Hyderabad

1. Details of the case

Sl, N.	Subjects	Details of the case
1.	Nature of offence	Police Torture, Illegal detention
2.	Date/time of incident	3rd of September 2007
3.	Date /time of FIR/ police station	8th of September 2007
4.	Sections of the case	POTA

List of Victims

Details about the victims	Occupation
Dr Juniad	Doctor

Statement of accused:

Dr Juniad is a final year student at Unani Medical College, and president of the student union. He was picked up on the 3rd of September 2007 whilst en-route from his hostel to his home. He was produced before the magistrate at his resident on 8th of September 2007. Police claim that he was apprehended at Nampally railway station on the 8th of September. He was accused of conspiring against the state. The evidence given by the police is that some literature was found in his possession.

He was taken forcibly by plainclothes ATS officers on the third. Immediately after being picked up his face was covered by a black cloth. He was put in a TATA sumo. Then third degree torture started. He was given heavy electric shocks, including on his privates. They used filthy language against Muslims and Muslim women. During this time he was forced to sign a blank piece of paper confessing to his guilt. During his interrogation he was constantly asked why he shouted slogans against police violence. They asked him why he raised questions regarding the Sohrabuddin fake encounter and why he attended a conference against it.

They asked him why Muslims have so many children. For two days he was not given anything to eat. Once just before he was about to eat it his face was punched. His face was kept covered in black cloth throughout this ordeal. He was unable to tell the difference between day and night; or walk, or listen properly. A shoe was stuffed in his mouth and he was told to read the Quran with the shoe in his mouth. He was asked to shout ‘Jai Rama'.


Selected Testimonies -PDF version: People's Tribunal on the Atrocities Committed against Minorities, August 22-24, 2008