Administration committing indiscriminate repression and fabricating criminal charges against persons belonging to Muslim minority in UP, India

Peoples' Vigilance Committee on Human Rights – URGENT APPEAL PROGRAMME

Urgent Appeal Case: PVCHR-UAC-0M1-2011

14 May 2011
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Uttar Pradesh: administration committing repression and fabricating criminal charges against the persons belonging to Muslim minority

ISSUES: Indiscriminate police repression; torture; fabrication of charges; illegal detention
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Dear friends,

On 16 February, 2011, an incident of communal violence took place at the Sahaspur village in Moradabad district. Following this unfortunate incident, Uttar Pradesh state police, Rapid Action Force (RAF) and Provincial Armed Constabulary (PAC) committed brutal repression of the persons belonging to the Muslim minority in the village. The human rights activists, associated with Peoples' Vigilance Committee on Human Rights (PVCHR), Bunkar Dastkar Adhikar Manch, visited the village to collects the facts and to know the circumstances which led to the communal conflict at the occasion of the festival of Barawafat.

CASE DETAILS:

PVCHR is a human rights organization operating from Varanasi, Uttar Pradesh. It is an organization of good reputation and has several nationally and internationally known human rights activists associated with its daily work. Since inception, PVCHR has been actively engaged in reporting and intervening in human rights cases, particularly concerning the violence committed by the law enforcement agencies in Uttar Pradesh. The PVCHR has reported through its Urgent Appeals Programme many cases of rights violation. Most of these cases have exposed atrocities committed by the Uttar Pradesh state police, Rapid Action Force (RAF) and Provincial Armed Constabulary (PAC).

 

The Sahaspur village under Bilari police station is at a distance of 27 Km from Moradabad city. This village has a total population of almost 15000, population of majority Hindu community is almost 8000 and the population of Muslim community is 7000. Until 16 February, 2011, the Sahaspur village was well known for its religious tolerance and communal harmony. The most popular Hindu festivals, Holi and Dashahara, are celebrated more by the Muslims than that of the Hindus in this village.

 

It is informed that the last time in 2010 the path which was being traditionally used for the procession at the occasion of Barawafat was found to be damaged condition and at that time it had been suggested by the Hindus themselves to take out the procession through another path. But this time on 16 February, 2011, at the occasion of Barawafat, as the procession advanced on the new path, as had been suggested by the Hindus in 2010, the village head Mr. Kishan Singh Jatav, accompanied by others youth, mostly associated with Hindu Jatava community, refused to let the procession pass through the new path and asked to go back.

 

Local Sub Divisional Magistrate (SDM), who was at the spot and escorting the procession, at first tried to talk with the Hindus and convince them to let the procession pass through the new path. But it is alleged that at the same time SDM received a telephone call on his mobile and after that he ordered to get the procession back, as to walk through the traditional path. This gave rise to resentment among Muslims youth and they wanted from the SDM to let the procession pass through the same path. Meantime, allegedly, stone pelting started on the procession from the roofs of the Hindu Jatavas' community. Responding to this sudden attack on the procession, Muslims youth also started stone pelting on the Jatavas. Police resorted to Lathi charge and people began to run away to save themselves and it caused stampede at the spot. A 12 years old Muslim boy named Shahibe Ali son of Mr. Abdul Haque got seriously injured and taken to the hospital but he succumbed to his injuries next day.

 

It is alleged that soon after the incident the forces of Rapid Action Force and P.A.C. were called on and they exploded tear gas, broke off the doors and entered the houses of Muslims and beat indiscriminately women, children and old aged persons. It is alleged that on the one hand Jatavas were looting but on the other hand police were busy in beating. Mohd Hafiz, a victim of the incident, told that police were beating the women and children and arresting the young and old aged persons.

 

It is informed that an FIR, against the 27 persons by name and hundreds other unknown persons belonging to Muslim minority, was lodged at the Bilari police station. The whole population of the Muslim community was living under extremely frightening situation in the village. Many other have left the village. 

     

ADDITIONAL INFORMATION

 

According to the fact finding report submitted by the team of human rights activists, the local administration had already been informed of the possible dispute, regarding the path of the procession of the Barawafat that might take place during the procession. But, as alleged by the rights groups, no precautionary action, on the part of the administration, was taken to avoid the dispute by ensuring safe path to the procession. It is informed that even the local administration had been failed to stop the police atrocities, colluding with the Hindu Jatav's community, on the Muslims of Sahaspur village.

 

It is noteworthy that hundreds of Muslims have been implicated in serious criminal cases following the incident of communal dispute at Sahaspur village but no person from Hindu majority community has been implicated in a criminal case for inciting communal violence and committing atrocities against the persons and families belonging to Muslim minority. But according to the report of the fact finding team, doors of the Muslim houses were found broken, damaged looms, burning of factory of Muslim weavers and serious injuries to many of them.

 

Ii is ironic that media have also played very prejudiced role and never seem to be interested in to bring forth the atrocities committed by police on the Muslim community. Till the date local or national media have shown no inclination to study the horror and sufferings through which the Muslim community is going through at the Sahaspur village and to make it public. 

 

Though the Moradabad district is listed as a Minority Concentrated Districts and Prime Minister's 15 point programme for welfare of Minorities is in effect in this district but National Minority Commission has taken no action against the atrocities committed against the Muslim community at Sahaspur village in Moradabad district.

 

Full fact finding report in Hindi at: http://muslim-minority.blogspot.com/2011/05/blog-post.html

 

 

SUGGESTED ACTION:

Please write to the persons and institutions listed below to call for to take action against the police and persons involved in inciting communal violence and committing atrocities on the persons and families belonging to Muslim minority at Sahaspur village and set up an inquiry to find the reasons which led to the unfortunate communal violence in the village. 

 

Please be informed that the PVCHR is writing separate letters to the UN Special Rapporteurs on India, torture, and Minority situation, the UN Working Group on Arbitrary Detention, calling for immediate interventions into this case.

SAMPLE LETTER:

Dear ___________,

Uttar Pradesh: Administration committing repression and fabricating criminal charges against the persons belonging to Muslim minority

Details of victims

1. Shahibe ali s/o abdul haq, age-12 resident of sahaspur, Thana –Bilari,Muradabad
2. Taufik alam s/o Abdul Jabbar, age-16, resident of Lal Masjid, sahaspur, Thana-Bilari, Muradabad
3. Isarar Husain s/o Abdul Jabbar, age-28, resident of Lal Masjid, sahaspur, Thana-Bilari, Muradabad
4. Moh. Hanif s/o Moh. Yamin, age-45 resident of Lal Masjid, sahaspur, Thana-Bilari, Muradabad
5.  Irfan s/o Ansari, age-20 resident of Imli muhalla, Thana-Bilari, Muradabad
6. Moh. Hayat s/o Moh. Yamin, age-36 resident of Lal Masjid, sahaspur, Thana-Bilari, Muradabad

 

7. Babban s/o Moh. Malik,age-42 resident of  Imli muhalla, Thana-Bilari, Muradabad

 

8. Moh. Taufik s/o Abdul Jabbar,age-18  resident of Lal Masjid, sahaspur, Thana-Bilari, Muradabad

 

9. Ikram Husain s/o Abdul Jabbar,age-20  resident of Lal Masjid, sahaspur, Thana-Bilari, Muradabad

 

10. Moh. Naseem s/o Moh. Farukh,age-25 resident of  Imli muhalla, Thana-Bilari, Muradabad

 

11. Mushahid Akhatar s/o Shahid Husain,age -23, resident of Lal Masjid, sahaspur, Thana-Bilari, Muradabad

 

12. Yameen s/o Saed Ahamad,age-25 resident of  Imli muhalla, Thana-Bilari, Muradabad

 

13. Ikarar s/o israr,age-30 resident of  Imli muhalla, Thana-Bilari, Muradabad

 

14. Nanhe s/o rustam ali,resident of Chakkar ki milak,Thana-Sivil Line,Muradabad

 

15. Dr. Shakil s/o Kabir ,age-42 resident of Nayi Basti, sahaspur, Thana-Bilari, Muradabad

 

 

16. Wahadi s/o Badalu ,age-65 resident of Nayi Basti, sahaspur, Thana-Bilari, Muradabad

 

17. Suleman s/o Raesh resident of Nayi Basti, sahaspur, Thana-Bilari, Muradabad

 

18. Raesh s/o Khalil resident of Nayi Basti, sahaspur, Thana-Bilari,Muradabad

 

19. Irfhan s/o Wahadi resident of Nayi Basti, sahaspur, Thana-Bilari,Muradabad

 

20. Ikram s/o Moh.Ahasahan, age-30 Lal Masjid, sahaspur, Thana-Bilari, Muradabad

 

21. Moh. Hashim s/o Jaid,age-18 resident of Bari Masjid, sahaspur,Thana-Bilari, Muradabad

 

22. Nurmuhammad s/o Moh. Yakub,age-25 resident of Bari Masjid, sahaspur,Thana-Bilari, Muradabad

 

23. Gulam Muhammad s/o Moh. Yakub,age-23 resident of Bari Masjid, sahaspur,Thana-Bilari, Muradabad

 

24. Khalil ahamad s/o Abdul gafur resident of Rahamat Nagar, thana - Kataghar, Muradabad

 

25. Jakir Husain s/o Shaukat Husain age-25 resident of Bari Masjid, sahaspur,Thana-Bilari, Muradabad

 

26. Idrish s/o Ehashan ,age-22 resident of Lal Masjid, sahaspur, Thana-Bilari, Muradabad

 

27. Dr.Mahamud Husain s/o Sadik ahamad,age-25 resident of Nurutala,thana-Kunduruki, Muradabad

 

28. Aasif s/o jashar resident of Muhalla –Ibrahimpur, thana –Bilari, Muradabad

 

I find it remarkable that even as the Uttar State Government claims to be a secular government and a protector of Muslim minority, it is committing atrocities on the Muslim minority and implicating them falsely on spurious claims of alleged involvement in communal violence.

According to the information I have received, hundreds of persons belonging to Muslim minority are currently implicated in serious criminal cases. I am informed that the police have no evidence with which to link the victims to the alleged crimes.

I also ask the Uttar Pradesh government to conduct inquiry in this case to investigate the allegations of police atrocities on the Muslim community and to punish the perpetrators. I also ask the state government to pay compensation to all those victims who have suffered serious physical injuries and have suffered loss of their property.

 
Finally, I take this opportunity to ask the Government of Uttar Pradesh to take into account the report prepared by the PVCHR and Bunkar Dastkar Adhikar Manch(http://muslim-minority.blogspot.com/2011/05/blog-post.html) and to take immediate action so that the truth can be revealed and this type of unfortunate situation of communal violence and police atrocities on the Muslim community could not be repeated.  

Yours sincerely,

 

 

PLEASE SEND YOUR LETTERS TO:

1. National commission for Minorities

5th Floor, Lok Nayak Bhavan,
Khan Market, New Delhi 110 003
Tel: 24615583
Fax: 24693302, 24642645, 24698410
Toll Free Number: 1800 110 088 begin_of_the_skype_highlighting         end_of_the_skype_highlighting
E-mail: ro-ncm@nic.in

 

2. National Human Rights Commission

Faridakot House, Copernicus Marg,

New Delhi, Pin-110001

Tel. No. 23384012

 Fax No. 23384863

E-Mail: covdnhrc@nic.in, ionhrc@nic.in

 

3. State Human Rights Commission

1/183, Vineet Khand,Gomati Nagar

Lucknow (Uttar Pradesh),Pin-226010

Fax; 0522-2726743

E-mail: uphrc@sancharnet.net

 

4. UP State commission for Minorities

6^th floor, Indra Bhawan, Lucknow

Pin -226002

Ph no-0522-2287097,Fax-2288710

 

5. Hon. Chief justice

The Register,

Supreme court of India

Tilak Marg, New Delhi –India

Fax -011-23384533, 23384447

Ph.no-011-23384533-44

E-mail-supremecourt@nic.in

 

6. Hon. Chief Justice

High Court, Allahabad

Civil Line-Allahabad

Fax No: 0532-2421742

 

7.  Director General of Police

Govt. of Uttar Pradesh

Tilak Marg , Lucknow

Phone-0522-2206104

Fax -0522-2206120, 2206174

E-mail: police@up.nic.in,uppcc@up.nic.in

 

8. Ms. Gay McDougall
Independent Expert on minority issues
Office of the High Commissioner for Human Rights
Palais des Nations
CH-1211 Geneva 10
Fax: + 41 22 917 9006
Switzerland

Email: gfox@ohchr.org

 

 

9. Ms. Mayawati

Chief Minister

Chief Minister's Secretariat

Lucknow

Uttar Pradesh

INDIA

Fax: + 91 522 223 0002 / 223 9234

E-mail: csup@up.nic.in

 

10. Special Rapporteur on Torture

c/o Office of the High Commissioner for Human Rights

United Nations Office at Geneva

CH-1211 Geneva 10

Switzerland

E-mail: urgent-action@ohchr.org

 

 

Urgent appeal desk (pvchr@pvchr.org)