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Holy Cows & Scapegoats
Jagmohan Singh
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The first-ever People's Tribunal in Hyderabad took place on
August 22-24, 2008 in the wake of constant profiling of the
Muslim community in Indian media and the never-ending
harassment, torture and detention of Muslims subsequent to acts
of violence. As many as 40 plus victims and/or their families,
from all parts of Maharashtra, Gujarat, Assam, Uttar Pradesh and
Andhra Pradesh, deposed before the tribunal narrating their woes
amidst tears and hiccups. WSN representative Jagmohan Singh
traveled to
Hyderabad to
bring us this exclusive report. Needless to say, the Indian
media cold shouldered even such an important event hiccups. WSN
representative Jagmohan Singh traveled to Hyderabad to bring us
this exclusive report. Needless to say, the Indian media cold
shouldered such an important event.
Punjab based human rights groups need to take the cue and set up
a Peoples Commission for grant of compensation to those illegal
detained in the eighties. |
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 What
was not possible in
Chandigarh some
years ago has seen the light of the day in
Hyderabad.
While the People’s Tribunal in Chandigarh was not allowed to hold
proceedings in Chandigarh by the State administration and
subsequently by the Punjab and Haryana High Court, eminent citizens
held a public trial listening to the woes of those who have been
victims of abuse of their civil and political rights in Hyderabad
deliberating on atrocities committed against minorities,
particularly Muslims, in the name of fighting terrorism.
Punjab human
rights groups need to get their act together and may be hold a
People’s Tribunal atleast on the one question of right of
compensation to those who were illegally detained in the eighties
and in case the state of Punjab and the judiciary obstruct.
 As a founding
member of the Indian People’s Human Rights Tribunal -way back in the
eighties alongside P. A. Sebastian of CPDR, Mumbai and Nandita
Haksar from PUDR,
Delhi, I was
fortunate to attend the proceedings of the Tribunal. It renewed
hope for justice and fair play at a time when the prospects for it
are its lowest ebb.
The Tribunal
comprising of eminent jurists, social and human rights activists-
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 and Mr Kingshuk Nag listened
patiently and empathized with the victims and their families.
A People’s
Tribunal is the proverbial clutching at the last straw. For those
countless, of whom forty or so made a brave trip to
Hyderabad,
unmindful of the consequences to follow, there was nothing to
loose. The victims and their families had lost most of what they
had –their personal liberty, their public reputation and meagre
sources of income. Their bodies are tired making the rounds of
prisons and courts.
In a country
where Commissions and enquires do not yield results, after years of
deliberations, the victim families see hope in such proceedings. As
it is bereft of any legal sanction, the findings of a People’s
Tribunal lack the power to deliver, but as a weapon of peaceful
response to the ways of the state and its agencies, it has no
parallel.
 The testimonies
submitted in person and in absentia, 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, Assam, Andhra Pradesh and Rajasthan, though
it is not limited to these States.
Even when the
victims are acquitted or discharged on being found innocent, they
are not compensated. Even when the case against the victims is found
to be totally cooked up, no action is taken to hold the concerned
police officials. This has led to impunity among the police
officials as a result of which they are casually and callously
picking up and victimizing innocent persons, particularly Muslims,
sometimes only to extract money from them.
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.
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 imputed. The State
agencies responsible for such crimes exercise incredible impunity
and are never questioned.
The direct
fallout of the high voltage and irresponsible publicity given to
such cases, it would seem from the testimonies, is that the accused
would often times fail to get proper legal support.
 Lawyer Mohammed
Shuaib from
Lucknow and Noor
Mohammed from Ujjain, who defied the ban imposed upon defending the
accused by Bar Associations in clear violation of the spirit of
criminal jurisprudence, were brutally beaten up. Both of them were
beaten up on two occasions in the court premises, in full knowledge
of the magistrates concerned, but a note was not made of the same in
the court proceedings, easily conforming complicity at some level by
the judiciary and state.
The jury
concluded that it was the collective responsibility of society, to
ensure that those responsible for violent acts are punished but at
the same time society has to take care that deep rooted prejudices
do not develop against certain sections questioning their very
existence in that society.
A common feature
of all cases was the
midnight knock.
The police in this country get sadistic pleasure in waking up people
in the middle of the night. Their intelligence network is so strong
that within hours of an act of violence, they “Know” who is behind
it, but to detain the perpetrator, they also resort to the darkness
of the night.
There is no
better testimony than that of the victim himself. If you have the
heart to read cold facts, read on.
 Statement of Dr.
Farooq Makhdumi of Masjhid Kahke Saeed Da,
Kusumba Road,
Malegaon,
Maharashtra:
At
11pm on the 6th
of November 2006, I was taken by members of the Anti-Terrorist Squad
(ATS) from the hospital where I ran a private dispensary. I was
formally arrested on the 11th of November under MCOCA. On the 19th
of November I was taken to Bangalore where I was subjected to two
narcotics tests, or ‘truth serum’, tests whilst only one of these
was authorized by the court. I was taken back to Mumbai where I was
tortured into signing a piece of paper with lots of different
statements, a few of which incriminated me in the Mumbai bombings. I
was transferred to Arthur Road Jail on the 20th of November and then
onto Ratnagari special prison as I had begun to communicate with an
NGO.
The police claim
that an ‘approver’ claimed that Dr Makhdumi called a meeting – at
which he claims that I was present - as a member of a covert
militant cell on the 7th of September at his clinic at
7pm. On the 7th
of September I had treated 45 patients and finished work at 6.30pm.
On the 8th of September I treated 16 patients before 11.30am and
from my clinic went to drop my mother-in-law off at home. I then
went to the mosque and heard about the bomb blast from fellow
worshippers. I then went looking for my father around the bomb blast
site; unable to find him I went to the hospital to treat the injured
blast victims.
Finding:
Forensic tests from the accused’s house and dispensary found no
trace of explosives or other illicit material.
Statement of Dr.
Juniad, Hyderabad:
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’.
With
India too eager
to join the Nuclear club and the international community, save
exceptions like New Zealand, equally eager to make India a world
power, Muslims, Sikhs, the peoples of the North-east and other
regional identities are in for more difficult times for an already
stubborn India would be more difficult to handle with renewed
international blessings.
Human Rights
groups like Anhad, Human Rights Law Network and Peace, People's
Union For Civil Liberty, and media groups like Siasat and Asmita
Hyderabad have done exemplary work by setting up the People’s
Commission. We need to develop on this and nurture more human
rights conscious activists and citizens as the space for such people
continues to vanish. With hope and prayer on my lips, let me extend
a big thank you to all who have afforded hope to victims and their
families.
27 August, 2008
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