Assalamu'alaikum,
What Muslims Should Do To Get Justice Against Police Atrocities and Illegal Arrests
Hyderabad, December 01:
Though Colonial rule of Britishers ended long back in India but the seed of hatred sowed by them and the policy of 'divide and rule' still exists and could not be changed. Apart from this, the Britishers had left the kind police administration, which is blind in not following the human and moral values. There was no need felt to reform this system and to re-organize it.
So, pre-independence or post-independence, the communal riots were destined to happen in India causing great losses to minority community. First minority community is targeted and those who are not affected, they are indicted in some or the other cases and are put behind the bars. This is still continued. Who will forget the carnage against the Sikhs in 1984 where 17000 Sikhs were massacred. 5000 Sikhs are still missing from Punjab.
In 1993, Muslims were brutally killed in Mumbai post Babri Masjid demolition riots. Police was a silent spectator. The number of organized attacks against Christians reach 212. The memories of communal riots in Kandhamal are still fresh in the minds of the people.
This is a lengthy 'black record' of Muslims being killed by the people of the majority community. It has been a tradition to target minorities in such a manner where they could be financially weakened. To gain this, the economy of the Muslims was targeted during the riots in Ahmedabad, Kanpur, Malegaon, Meerut, Jamshedpur, Ferozabad, Moradabad, Aligarh, Jamshedpur, Mumbai and Bhivandi. Last year, communal riots broke out in Rajsthan's Gopalgarh because of the leniency given to the miscreants by police. Not only this, Hyderabad city also witnessed communal riots between 1974 and 1991. With communal riots breaking out with regular intervals, Hyderabad was renamed as 'Curfewabad.'
Here, this point is to be noted that communal riots occurred during the reign of every government. Be it of Congress, BJP or any other party. Police played biased role in all these riots.
Even the role of the government was suspicious and partial. This is yet another hot topic to be debated and investigations were also done. A long list of various commissions of the government is a testimony but alas! All the reports of the commissions are kept in cold storage.
No recommendations were implemented, be it of Sri Krishna Commission, Nanavati Commission so on and so forth. The culprits are still freely roaming and some are even enjoying the political powers. India is famous as a signatory country on the treaties finalized against the police atrocities during the custodies and violations of human rights and implementing them in the country, but here too, India thought it enough to keep the matter limited upto the signature on the papers only. On the other hand, the people of the country, turned against the police system prevails in the country. The tragedy of the minorities is that as mentioned above, thousands of Muslims are missing in Kashmir, many people are also missing from North East and the areas affected by Naxalites. Government of Chhatisgarh has admitted in Supreme Court that police has burnt the colonies of 644 tribal whereas the unofficial figures are much more. The government report on Muslim carnage in Gujarat that was produced in the Parliament on July 11, 2005, said that during the riots 223 persons went missing.
Here too, the correct figure is much higher. One more fact is that Muslim girls were among those who were missing in Gujarat and both the government and the majority community are mum on this topic. They lack co-ordination the way Christian and Sikh community show in their day-to-day affairs. They also don't have an effective leadership and unity.
To create insecurity among the Muslim youths and in order to prevent them from climbing the ladder of the success, the indiscriminate arrests of the Muslim youths started. Even the economically prosper and educationally strong Muslim areas were not spared. These targets were easily available in Malegaon, Maharashtra, Hyderabad in A.P., Azamgarh in U.P., Ahmedabad in Gujarat, Okhla, Jamia Nagar in Delhi and now Darbhanga in Bihar. The same modus operandi adopted the way Israel did in order to frighten the Palestinians.
Renowned politician and activist Amrish Mishra writes: "If we look at the political scenario of the country during the last few months, it would be appropriate to say that the Israel's secret agency Mossad has completely invaded our house. Our former Home Minister is so occupied with 2G spectrum, that he has to do secret liaison with RSS and BJP." So I feel as per my experience and vision, Muslim youths are being made scapegoat due to his pressure of Mossad and the secret liaison. Their educational and economical development is prevented so as to make their future dark and uncertain. This is how the Muslim youths are being arrested.
Adding insult to the injury is the fake encounters, which take place every now and then, are multiplying the fear of Muslim youths. Torturing the Muslim youths during the police and judicial custody has become the order of the day. Qateel Siddiqui was killed on June 9, 2011 in Pune Jail when he was under judicial custody.
This incident had put a big question mark not only on the judicial system of the country but also raised many question in connection with the security of Muslims, the efficiency of the country's law and the security system.
Here, the media also played a biased, communal and partial role in nurturing the thoughts of the society and succeeded to some extent. Though this kind of bias is violating the laws of media and journalism.
The irony of it is that on this, our home minister, information and broadcasting minister and all Muslim MPs and MLAs are totally silent. This silence is totally uncalled for and not understandable. These are a few tragic and horrible incidents and circumstances our Muslim community finds it in. It is our responsibility to save the community from the clutches of the circumstances.
That is why it is said that challenge is the name of facing the tough times in a tough manner and not to escape. It is our responsibility to get ourselves organized in order to get justice to these innocent youths and get them released. We should look to it that the provision of justice to the innocent youths should not be delayed. This is not a matter of an individual but the entire Muslim community of India. This is the biggest conspiracy against the Islam and its followers.
This challenge prevails not only in India but also throughout the world. So it is the moral, social and religious duty of the entire Muslim community to come forward and raise the voice of protest in the purview of the country's law. Though our judicial system is slow but it doesn't mean that we lose all hopes.
This challenge prevails not only in India but also throughout the world. So it is the moral, social and religious duty of the entire Muslim community to come forward and raise the voice of protest in the purview of the country's law. Though our judicial system is slow but it doesn't mean that we lose all hopes.
This is indeed a tragedy of the Muslim community that they always ignore the constitutional rights, judicial system and other knowledge related to the laws of the land whereas they are made for the benefit of the not only the Muslim community but all Indians. This responsibility has been shifted on the shoulders of the lawyers. This ignorance is proving fatal for the community as the government; police, other government agencies and terrorists are taking advantage of this. On the other hand, we have only surface thoughts.
Lack of steadiness and the firebrand leadership hammered the last nail. The avenging politics and division in the community itself are also responsible for its decline. It is also our responsibility that we should cre4ate an awareness of constitutional rights and knowledge of the law among the community and at least form a district unit on the district level in our respective areas in order to face such unconstitutional and illegal incidents.
We should also keep in touch with authentic and experienced lawyers and those organizations that have really dedicated themselves in the service of human rights. In order to train the youths, workshops and seminars should be conducted with regular intervals. We should try to prevent the incidents of civil rights violations. Your/our this step would help preparing a pressure group in the society. If we move forward in this direction, the society would also co-operate with us.
Today, we are responsible for the unconstitutional incidents of arrests, which has become the order of the day. This kind of arrest is treated as kidnap and this situation should be faced in a similar way i.e. the way a kidnap case has been faced and the kidnappers are treated.
The law gives us this right. If our these so-called agencies and informers would come to know that we are very much aware of our rights, they would never dare to take the law into their hands and the incident of kidnap on May 5 at Barsamela in Bihar would never occur where Karnataka crime branch had kidnapped a man. In case of illegal arrest, an FIR of kidnap should immediately be lodged with the concerned police station. Be there at the time of the registration of the FIR and read the content before signing it.
If you find anything written unclearly, get it corrected. Obtain a copy of the FIR. In section 22 of the constitution Of India, it is clearly mentioned that the reason of the arrest should be told the person who is arrested and keep him informed on the offences he/she is being arrested. Supreme Court of India has made an incident as an evidence and gave the reference of the case of Sofia Guam Mohammed v/s State Bank of Maharashtra A I R 1977 case.
The Supreme Court also presented vital points of the arrest in a famous 1977 case D K Basu v/s State Bank of West Bengal. The Supreme Court writes:
"The police officers who come to arrest an offender, should be in their uniform. Their name, designation and identity should be displayed on the nameplate. This is included in section $2 B of CrPC where the presence of local police is must at the time of the arrest. One more instruction in this regard is that at the time of the arrest, according to CrPC, the arresting officer would prepare an arrest memo. This memo should be signed by the person who was arrested and the signature of any relative, friend or any eminent person of the locality should also be taken. A copy of the same would also be provided."
Other such instructions, which are mentioned as per the section 7150 of CrPC. According to this, the location of the arrested person should be given by the police to his/her relatives or friends. This should also be mentioned in the register of the police station that the information of the arrest is forwarded to the friend or relative of the arrested person. This is the duty of the police that within 24 hours of the arrest, the offender should be produced in the court. Not only this, the police should conduct the medical checkup of the arrested person. At least one medical checkup should be conducted in every 24-hour. If the arrested person is subjected to the torture, the complaint should be lodged in the court by the lawyer.
Soon after the arrest, a renowned, able, honest and thorough professional lawyer should be contacted because to fulfill the judicial requirement, a lawyer can do the needful. It is also necessary that the witness and other followers should also be alert. Lawyer should be furnished with the maximum knowledge and evidences. Try to make video or the CD of the time when arrest was made.
The video should contain even the vehicle in which police had come in what circumstances to arrest. In case of any violations, atrocities and exploitations, an immediate complaint should be lodged with National Commission for Human Rights and National Minority commission. The address, e-mail ID and phone number can be easily traced via Internet. These complaints can be lodged by anybody from anywhere and should not be treated as an individualistic matter but as a duty towards the society to get the justice for those who are denied. We have no right to term a person as a criminal or accused. To prove this, we have our judicial system. It is our duty to provide this system a true and justice-based information.
This how we can help the judicial system and the society alike. Muslim community is not in a position to pay attention towards the plights of other communities though Allah Almighty has granted this community the ability to serve the humanity. So, at least to serve our own community, welfare and security of the society, we should adopt the attitude of honesty.
Courtesy: Qari M S Khan
Phone:9391375008
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