Going by the conjectures of the US think tanks and contradictory statements by members of the US administration - some using all the superlatives for Pakistan and the others resorting to accusations and vitriolic that tarnish Pakistan’s image, one could draw the conclusion that this is being done to keep the Pakistan leadership guessing about their insidious plans. Bruce Riedel, a former CIA officer and at the present a senior fellow at the Saban Center for Middle East Policy at the Brookings Institution who had chaired an inter-agency review of policy toward Afghanistan and Pakistan for the Obama administration in his essay published on 23rd June 2009 in ‘Council on Foreign Relations’ wrote: “A jihadist victory in Pakistan, meaning the takeover of the nation by a militant Sunni movement led by the Taliban, would have devastating consequences. It would create the greatest threat the United States has yet to face in its war on terror. Pakistan as an Islamic-extremist safe haven would bolster al-Qaeda’s capabilities tenfold”.
Throughout his above essay, Bruce Riedel uses his wild imagination to create situations based on fiction, sets premises and draws his conclusions. He goes on to say: “To secure power, the Taliban - currently concentrated in the tribal areas west of the Indus and all along the border with Afghanistan - would need to move east. This would take them from the Pashtun-dominated regions into the Punjabi heartland, where they need to gain significantly more support”. Earlier, India, the US and the West had been trying to portray Pakistan as a state that might collapse and terrorists could lay their hands on Pakistani nukes. But seeing that Pakistan’s armed forces have demolished the infrastructure and network of the Taliban in Swat and Malakand, and are poised to take on militants in Waziristan, the US think tanks now suggest that Pakistan government should focus on extremists in Southern Punjab, which they consider a bigger threat than the Taliban in Swat and elsewhere. Anyhow, the US has the penchant for controlling Pakistani nukes but Pakistan has frustrated the plans by conducting operation against militants.
Against this backdrop, the report in national English daily that the US plans to have a bigger presence in Pakistan in the pursuit of its strategic interests in the region has raised alarm in public and government circles. The report said: “The two most obvious indications of US intentions are the upcoming large-scale staff surge at the Islamabad embassy, which includes hundreds of marines, and the massive expansion work at the embassy premises”. Some of these reservations were expressed by former foreign secretary Shamshad Ahmed Khan who said indications were very clear that America wanted to “remote-control” the region from Islamabad. A former diplomat was also reported to have said: “Clearly these are people who would be coming under cover of diplomatic assignments for covert operations that would be detrimental for Pakistan’s security interests.” If this report is authentic then there is cause for alarm because it would annoy Pakistan’s friends like China that are already wary of increased US presence in the region.
Three weeks ago, national English daily in its editorial had written that American diplomats in Islamabad keep roaming free on the city roads armed with guns and revolvers and in cars bearing fake numbers. Some of them were caught but were let off the hook on the basis of diplomatic immunity. One could question as to what right they have to flout the laws of the land? Pakistan is ally in war on terror, nothing less nothing more. And if the US had given $10 billion over the period of 8 years, it wasn’t a big deal, as a major part of the funds for war on terror was in fact reimbursement of the expenses incurred on logistics for 100000 Pakistani troops deployed on Pak-Afghan border. There are 50000 US and NATO troops in Afghanistan and the US spent $250 billion during the last 8 years, whereas it gave Pakistan only $ 10 billion during this period that too on verification about the progress made and number of terrorists killed in the operation. The government had calculated the financial loss incurred by Pakistan since the time it joined the war on terror, which is more than $39 billion.
Despite having given sacrifices in men and material, Pakistan was accused of diverting the meager funds the US gave for buying weapons that were India-specific. They had joined the chorus with India to take action against those who were behind the 26/11 Mumbai terrorists’ attack, but would not like to persuade India to stop training and funding insurgents in Balochistan and FATA. Well-informed sources have said that Pakistan’s political and military authorities have handed over substantial evidence to its allies, the US and NATO, regarding India’s links with Baitullah Mehsud and provision of aid to him through Indian consulate in Afghanistan. Holbrooke however assured Pakistan of taking up this matter with India at diplomatic level. Afghan government was also told to stop using Indian consulate against Pakistan. But Holbrooke said the other day that Pakistan had talked to him about Indian involvement in insurgency in Balochistan but he was not provided credible evidence.
The New York Times reported on Wednesday that Pakistan linked its action against the Lashkar-e-Taiba with New Delhi ending its covert operations in Balochistan. The report said that in conversations with the Obama administration, Pakistan’s army chief indicated that India needed to stop meddling in Balochistan in return for Pakistan’s actions against the Lashkar. We do not know the authenticity of these reports because there is so much deceit and deception that it is difficult to differentiate between facts and fiction, and truth and lies. Anyhow, if Pakistan has linked Pakistan’s cooperation with India’s cooperation to stop funding and training insurgents in Balochistan, it has done the right thing. In fact, Pakistan government should have made it clear right from the beginning that if India would not stop its covert operations then Pakistan would pay in the same coin. India has to realize that if it becomes part of any sinister design to destabilize Pakistan, then India would not remain as a cohesive unit in its present shape.
Though India faces separatists’ movements in about a dozen provinces together with threat from Maoists and the situation is more dismal than Pakistan yet western media suppresses these facts. The difference lies in the imaginative approach of the Indian leadership and its think tanks who has unleashed propaganda that Pakistan is on the brink of collapse. They in cahoots with the US think tanks issued new Pakistan’s maps showing FATA and NWFP and some territory of Balochistan as parts of Afghanistan. And some are working on the plan of greater Balochistan. But India is also aware of the consequences if it goes too far, which is why India’s finance minister Pranab Mukherjee has recently said that India cannot erase Pakistan.
But Pakistan should not lower its guard on the basis of such statements and should gird up its loins to meet any eventuality. It would have been better if Pakistani think tanks had come out with the maps showing how India would look like after its disintegration. They could have shown Bombay, East Punjab and Kashmir as parts of Pakistan.
Mohammad Jamil
Email: mjamil1938@yahoo.com
Tuesday, November 17, 2009
Friday, November 13, 2009
Defeating the Taliban’s Ideology
Over the years, the Taliban have polluted the minds of their incarcerated people to an extent that they feel pride to explode themselves for the anonymous remuneration, promised to them by their gurus.
Taliban get hold of three categories of the people. The first group comprises children from 8 to 12 years. Being soft targets and easy to be motivated, Taliban initially brain wash them and then use them for their nefarious designs like suicide attacks, bombing and for fighting against security forces. In term of finances, they spend very less on them and can easily get them either from Madrassas , in the attire of Islamic teaching or failure to these, through abduction or forceful snatching from their helpless parents in their areas of influence. Another group is of the youth over 1 years of age bracket, mostly who have neither resources enough to continue their studies nor could get any employment. And the third group is of the grown up people having over 25 years of age. They are either religiously motivated or being jobless, thus lured in by the Taliban. These two groups are offered good pay packages by the Taliban and in return are used the way desired by them (Taliban). Either under the erroneous motivation in the garb of religion or else because of the financial benefits, they are used for terrorism of all sort by the Taliban. With the passage of time the thought process of these militants become so harder that they cannot be reverted back to their normal lives and even if they desire, would be eliminated by the Taliban. They adopt tone and texture as per their trainers with the determination to achieve the objective desired by Taliban, following their ideology. They are being taught that, Taliban are the true Muslims and very soon there would a Taliban government in Pakistan and elsewhere in other Muslim countries. The bottom line of the Taliban ideology is that; every act of the Government of Pakistan, starting from its constitution, judicial system institutions, Armed Forces and other organisations are un-Islamic and whatever Taliban are doing is the true Islam. With this theme, they publicize their ideology through repeated brain washing of the youth. In 99 % cases the implementers (suicide bombers and other militant fighters) do not even know the real clout at their back and that what they really yearning for while using them for various terrorist activities. These brain-washed people blindly follow their gurus' whose teachings are absolutely contrary to the philosophy of Islam. As far as teaching of Islam is concerned, it is a religion of peace and love for human beings. Indeed this great religion teaches harmony and forbearance and orders its believers for a compassion and justice; thus "Islam and terrorism cannot stand side by side". Islam forbids terrorism and aims to bring peace and security to the world. Not only Islam, but as a matter of fact, no divine religion permits terrorism and violence if interpreted in its essence. The Holy Quran says: "If someone kills another person - unless it is in retaliation for someone else or for causing corruption in the earth - it is as if he had killed all mankind". Thus, the teaching of Islam is that, 'a person who kills even a single man indeed commits a crime as if he had murdered all mankind on earth and such people will have a painful punishment' by Almighty. In no part of the Qur'an does Allah command believers to "respond to violence with violence", but commands Muslims to "respond to evil with goodness". The question arises who are these belligerent perpetrators, who in the guise of Islam undertake these un-Islamic activities. This is for sure, that they are not Muslims. And the logics for this statement are: first; no Muslim would ever kill any other human being, as directed by Holy Quran in clear wordings as quoted above. Secondly; no Muslim would ever attack other Muslims once they are offering prayers in the mosques, Eid gatherings or during any other religious congregation and during national ceremonies. Thirdly; in the areas of their sway, they brutally treat locals, men and women, which is an act against Islam. Even as per the directive of Islam, security and protection of the non-Muslims in an Islamic state is the responsibility of that state administration. Fourthly; they have been and are still razing all the educational institutions, especially of women; a practice in complete violation of Islamic teachings. As the Holy Prophet (PBUH) said; "seeking the knowledge is must for every Muslim man and woman. Fifthly; all their activities are directed against a state whose bases are on Islamic ideology. It is an Islamic state, whose constitution has nothing un-Islamic. For the bulk of Pakistani masses, until the beginning of 2009, there have been a lot of misperceptions about the true motives and ideology of the Taliban. Ill-informed masses, goaded with the spirit of Islam, perhaps thought that Taliban are fighting for the cause of Islam. But actually it was a misconception among the innocent masses of Pakistan. Thanks to media, the security forces, and the intellectuals who over the period of time unmasked their true faces, which has nothing else but anti Pakistan campaign, being played on behest of anti Pakistan forces and states. These states and forces pay huge sums of the uninterrupted financial support to the militants and also provide them with the latest weaponry and equipment. All that they intend is to internally knock Pakistan off balance and attrite its security forces through so-called religious and sectarian moves or through promotion of various sub-nationalistic sentiments all over the country, while maintaining the pressure at the international level. With all these intents of militants and anti-Pakistan forces in mind, what should be the response at the national level? Over the past few months, there is a great change in the perception of masses, which previously were under the grip of the Taliban ideology. The nation indeed has understood the true motives of these fissiparous forces desirous of disintegrating Pakistan, an objective of all those having historical enmity with Pakistan. There is an immediate need to mobilize the masses for ensuring steps like: one; creation of national integration among the rank and file of Pakistan under the auspices of the basic ideology, which provided the very basis of its creation. Two; a dedicated media campaign is needed to give true picture of the activities of the militants with documentary proofs. This would clarify the doubts of masses, if still persisting in their minds about the Taliban and their ideology. Three; an awareness should be created among the masses through elected representatives and government officials as well as through media to, "look for intruders; both locals, having militant's ideology and outsiders, who had entered or trying to enter the society" down to village or Mohallah level. This should be reinforced and reacted by instantaneous response as per the law, by the masses or at the level of local administration to get their area clear of the miscreants. Four; People especially the youth of the militancy-hit areas should be provided with employment opportunities on emergency basis. This would save them from drifting into the hands of the militants. As a corollary to that all religious Madarass be kept under strict vigilance for securing the youth studying there from falling into militants hands. Five; in all insurgency hit areas, there is a need to make available a potent quick reaction group of security forces for a rapid response against any likely militancy. Seven; considerably there is a need for an effective intelligence setup in the militancy hit areas and all around the infiltration routes. This dedicated intelligence setup should provide timely information to deal with the militants before they could be effective in the areas or grip the society with their ideology. The military operations in Malakand, Swat, Waziristan and elsewhere in the tribal region have created serious dents among the rank and file of the militants by bursting their bases and strongholds. There is growing demoralization and distrust in various groups of the militants. Taliban leaders are making serious efforts to motivate their hired people for continuation of their brutal mission of killing the innocent people of Pakistan, but facing difficulties in doing so. In a number of cases, the terrorists are voluntarily handing themselves over to the security forces. The time is ripe and the ongoing military operations against the wrongdoers must continue without any compromise until the militants are completely purged away. As in the past, the political leadership must not go for any compromise or agreement with Taliban, even if compelled by their coalition partners. Let there be an end to these anti-Pakistan forces once and for all. Furthermore, these operations must have whole hearted support of the people of Pakistan, without whom, there cannot be a success. For the purpose, people must be mobilized to stand against the Taliban ideology. After all the persons of security forces are sacrificing their lives for the comfort of the masses and Military Operations alone would not be enough to defeat the militant's ideology. In order to do away with the militancy of Taliban, a dedicated follow up is required at the joint level of; masses, media, government functionaries, elected representatives, intellectuals and Islamic philosophers to purify the minds of all those who have been infested with this anti-Muslim and anti-Pakistan ideology.
Dr. Raja Muhammad Khan
Email: drmk_edu@yahoo.com
Taliban get hold of three categories of the people. The first group comprises children from 8 to 12 years. Being soft targets and easy to be motivated, Taliban initially brain wash them and then use them for their nefarious designs like suicide attacks, bombing and for fighting against security forces. In term of finances, they spend very less on them and can easily get them either from Madrassas , in the attire of Islamic teaching or failure to these, through abduction or forceful snatching from their helpless parents in their areas of influence. Another group is of the youth over 1 years of age bracket, mostly who have neither resources enough to continue their studies nor could get any employment. And the third group is of the grown up people having over 25 years of age. They are either religiously motivated or being jobless, thus lured in by the Taliban. These two groups are offered good pay packages by the Taliban and in return are used the way desired by them (Taliban). Either under the erroneous motivation in the garb of religion or else because of the financial benefits, they are used for terrorism of all sort by the Taliban. With the passage of time the thought process of these militants become so harder that they cannot be reverted back to their normal lives and even if they desire, would be eliminated by the Taliban. They adopt tone and texture as per their trainers with the determination to achieve the objective desired by Taliban, following their ideology. They are being taught that, Taliban are the true Muslims and very soon there would a Taliban government in Pakistan and elsewhere in other Muslim countries. The bottom line of the Taliban ideology is that; every act of the Government of Pakistan, starting from its constitution, judicial system institutions, Armed Forces and other organisations are un-Islamic and whatever Taliban are doing is the true Islam. With this theme, they publicize their ideology through repeated brain washing of the youth. In 99 % cases the implementers (suicide bombers and other militant fighters) do not even know the real clout at their back and that what they really yearning for while using them for various terrorist activities. These brain-washed people blindly follow their gurus' whose teachings are absolutely contrary to the philosophy of Islam. As far as teaching of Islam is concerned, it is a religion of peace and love for human beings. Indeed this great religion teaches harmony and forbearance and orders its believers for a compassion and justice; thus "Islam and terrorism cannot stand side by side". Islam forbids terrorism and aims to bring peace and security to the world. Not only Islam, but as a matter of fact, no divine religion permits terrorism and violence if interpreted in its essence. The Holy Quran says: "If someone kills another person - unless it is in retaliation for someone else or for causing corruption in the earth - it is as if he had killed all mankind". Thus, the teaching of Islam is that, 'a person who kills even a single man indeed commits a crime as if he had murdered all mankind on earth and such people will have a painful punishment' by Almighty. In no part of the Qur'an does Allah command believers to "respond to violence with violence", but commands Muslims to "respond to evil with goodness". The question arises who are these belligerent perpetrators, who in the guise of Islam undertake these un-Islamic activities. This is for sure, that they are not Muslims. And the logics for this statement are: first; no Muslim would ever kill any other human being, as directed by Holy Quran in clear wordings as quoted above. Secondly; no Muslim would ever attack other Muslims once they are offering prayers in the mosques, Eid gatherings or during any other religious congregation and during national ceremonies. Thirdly; in the areas of their sway, they brutally treat locals, men and women, which is an act against Islam. Even as per the directive of Islam, security and protection of the non-Muslims in an Islamic state is the responsibility of that state administration. Fourthly; they have been and are still razing all the educational institutions, especially of women; a practice in complete violation of Islamic teachings. As the Holy Prophet (PBUH) said; "seeking the knowledge is must for every Muslim man and woman. Fifthly; all their activities are directed against a state whose bases are on Islamic ideology. It is an Islamic state, whose constitution has nothing un-Islamic. For the bulk of Pakistani masses, until the beginning of 2009, there have been a lot of misperceptions about the true motives and ideology of the Taliban. Ill-informed masses, goaded with the spirit of Islam, perhaps thought that Taliban are fighting for the cause of Islam. But actually it was a misconception among the innocent masses of Pakistan. Thanks to media, the security forces, and the intellectuals who over the period of time unmasked their true faces, which has nothing else but anti Pakistan campaign, being played on behest of anti Pakistan forces and states. These states and forces pay huge sums of the uninterrupted financial support to the militants and also provide them with the latest weaponry and equipment. All that they intend is to internally knock Pakistan off balance and attrite its security forces through so-called religious and sectarian moves or through promotion of various sub-nationalistic sentiments all over the country, while maintaining the pressure at the international level. With all these intents of militants and anti-Pakistan forces in mind, what should be the response at the national level? Over the past few months, there is a great change in the perception of masses, which previously were under the grip of the Taliban ideology. The nation indeed has understood the true motives of these fissiparous forces desirous of disintegrating Pakistan, an objective of all those having historical enmity with Pakistan. There is an immediate need to mobilize the masses for ensuring steps like: one; creation of national integration among the rank and file of Pakistan under the auspices of the basic ideology, which provided the very basis of its creation. Two; a dedicated media campaign is needed to give true picture of the activities of the militants with documentary proofs. This would clarify the doubts of masses, if still persisting in their minds about the Taliban and their ideology. Three; an awareness should be created among the masses through elected representatives and government officials as well as through media to, "look for intruders; both locals, having militant's ideology and outsiders, who had entered or trying to enter the society" down to village or Mohallah level. This should be reinforced and reacted by instantaneous response as per the law, by the masses or at the level of local administration to get their area clear of the miscreants. Four; People especially the youth of the militancy-hit areas should be provided with employment opportunities on emergency basis. This would save them from drifting into the hands of the militants. As a corollary to that all religious Madarass be kept under strict vigilance for securing the youth studying there from falling into militants hands. Five; in all insurgency hit areas, there is a need to make available a potent quick reaction group of security forces for a rapid response against any likely militancy. Seven; considerably there is a need for an effective intelligence setup in the militancy hit areas and all around the infiltration routes. This dedicated intelligence setup should provide timely information to deal with the militants before they could be effective in the areas or grip the society with their ideology. The military operations in Malakand, Swat, Waziristan and elsewhere in the tribal region have created serious dents among the rank and file of the militants by bursting their bases and strongholds. There is growing demoralization and distrust in various groups of the militants. Taliban leaders are making serious efforts to motivate their hired people for continuation of their brutal mission of killing the innocent people of Pakistan, but facing difficulties in doing so. In a number of cases, the terrorists are voluntarily handing themselves over to the security forces. The time is ripe and the ongoing military operations against the wrongdoers must continue without any compromise until the militants are completely purged away. As in the past, the political leadership must not go for any compromise or agreement with Taliban, even if compelled by their coalition partners. Let there be an end to these anti-Pakistan forces once and for all. Furthermore, these operations must have whole hearted support of the people of Pakistan, without whom, there cannot be a success. For the purpose, people must be mobilized to stand against the Taliban ideology. After all the persons of security forces are sacrificing their lives for the comfort of the masses and Military Operations alone would not be enough to defeat the militant's ideology. In order to do away with the militancy of Taliban, a dedicated follow up is required at the joint level of; masses, media, government functionaries, elected representatives, intellectuals and Islamic philosophers to purify the minds of all those who have been infested with this anti-Muslim and anti-Pakistan ideology.
Dr. Raja Muhammad Khan
Email: drmk_edu@yahoo.com
Thursday, November 12, 2009
13 July – A Benchmark of Kashmiri Resistance
The ongoing kashmiri uprising that erupted in Dec 1989 and has maintained momentum for almost two decades is something to be greatly admired for its resilience and tenacity. It has withstood full fury of the unrestrained Indian military might and yet found sustenance to draw upon unfathomable sources of grit and determination to defy the Indian will to prevail. In this clash of wills, it is heartening to observe that it is not the Kashmiris who are buckling but the Indian Army which is disintegrating; turning its soldiers into psychiatric patients through strain of unending operations in Kashmir. One wonders what sustains Kashmiri spirit in such an unmatched contest. But history tells us that every freedom struggle has a defining moment that sets into motion the march of a people towards their destiny of freedom. For the oppressed Kashmiri Muslims of the Jammu and Kashmir this occurred on 13 July 1931. It was the day when Kashmiris, for the first time under the Dogra Raj, rose en mass and displayed an unflinching manner of defiance in quest of their rights. As many as 21 people were shot by Maharaja’s forces and the day came to be known as Youm-e-Shuhada, the martyrs’ day. 13 Jul 1931 is verily the landmark in the political movement of Kashmir and is manifest of the politicized Muslim identity that drives the freedom movement in Kashmir; even to this day.
It is one of the greatest injustices of the modern history that Kashmir, along with its predominantly Muslim population was sold by the British to Maharaja Gulab Sigh for seventy-five lac rupees through the provisions of the Treaty of Amritsar (1846). The Kashmiris got a raw deal from their rulers. The Dogra rulers paid no heed to the lamentable conditions of the masses and undertook no reforms to alleviate their sufferings or make adjustments to the change of political winds in British India. The unrest was beginning to accumulate and stir, slowly but surely as the realization began to dawn that Kashmiris’ deprivation flowed from their identity as Muslims within the Dogra Hindu Regime. The first mass expression of discontent of Kashmiri Muslims made its forceful emergence on 13 Jul 1931.
The countdown to the eventful day started on June 25, 1931 when the Reading Room Party convened a mass meeting at Khanqah-e-Muallah. The meeting was attended by over 50000 people and materialized as the biggest political congregation held till then in Kashmir. The ambience of the meeting translated into a highly charged and emotional political atmosphere, which held great promise for the oppressed souls of Kashmir. As the meeting dispersed, no one had an idea that that the event to launch a great freedom movement was at hand; but so are the designs of the providence. Suddenly a young man appeared before the crowd and mesmerized it with a stirring speech. He told them that they were slaves and that a government, which didn’t hide its contempt for their religion, ruled them. He also assured the captivated gathering about the sympathy and passion that the Muslims of the British India held in their hearts for the oppressed Kashmiris. Finally he exhorted them to rise and fight for the vindication of their honour. This young man who ignited the fire and passions of freedom was Abdul Qadeer who hailed from Amroha in U.P and was visiting Kashmir. Such a dare devil display of boldness couldn’t be let off by the Maharaja’s administration. His speech was recorded by the C.I.A and he was arrested on 25 June on charges of treason. The trial was moved to Central Jail in first week of July and public mood made it manifest that things were moving for a showdown.
On 13th of July thousands of Muslims assembled outside the Central Jail and demanded permission to enter the compound and allow Muslim reps to watch the proceedings of the trial. Authorities’ refusal to entertain these demands caused the situation to turn grave. The situation became dangerously confrontational when the crowd attempted to force its entry into the compound. Instead of handling the situation with tact, the Governor ordered the Police to open fire leading to the martyrdom of 21 people besides injuries to over forty people. It goes to the velour of the ‘Shuhadas’ that according to Mr Wakefield” the wounds of dead Kashmiris (Shuhadas) were all in front”. The violent mob then set the police quarters on fire and using the blood soaked shirt of a martyr as flag, took the bodies to the Jamia Masjid where these were kept under a vigil for the whole night by the entire procession. The Maharaja clamped immediate martial law and handed over the city to the army, which encircled the Jamia Mosque. The standoff continued until Shuhada’s were buried in the compound of Khanqah-e-Naqshbandi on the third day of the incident amidst heart-rending incidents of devotion and inspiration. The entire population of the city had assembled to bid its salutations and homage to its heroes. The site of these graves has come to be known as Mazar-e-Shuhada where every year on 13 July, Muslims from all over Kashmir gather to dedicate themselves to the cause of freedom and honour.
The spilling of Kashmiri blood on 13 July, to lay claim to their political rights as a community, made a singular contribution towards the evolution of the freedom struggle in Kashmir. Blooding of a docile people broke the collective spell cast by the tyranny suffered in silence through centuries and underscored the power of sacrifice and character for securing the ideals of independence and freedom. The 21 martyrs of 13 July blazed a trail of glory that, ever since, has inspired the generations of Kashmiri youth to follow in their illustrious foot steps.
Momin Iftikhar
It is one of the greatest injustices of the modern history that Kashmir, along with its predominantly Muslim population was sold by the British to Maharaja Gulab Sigh for seventy-five lac rupees through the provisions of the Treaty of Amritsar (1846). The Kashmiris got a raw deal from their rulers. The Dogra rulers paid no heed to the lamentable conditions of the masses and undertook no reforms to alleviate their sufferings or make adjustments to the change of political winds in British India. The unrest was beginning to accumulate and stir, slowly but surely as the realization began to dawn that Kashmiris’ deprivation flowed from their identity as Muslims within the Dogra Hindu Regime. The first mass expression of discontent of Kashmiri Muslims made its forceful emergence on 13 Jul 1931.
The countdown to the eventful day started on June 25, 1931 when the Reading Room Party convened a mass meeting at Khanqah-e-Muallah. The meeting was attended by over 50000 people and materialized as the biggest political congregation held till then in Kashmir. The ambience of the meeting translated into a highly charged and emotional political atmosphere, which held great promise for the oppressed souls of Kashmir. As the meeting dispersed, no one had an idea that that the event to launch a great freedom movement was at hand; but so are the designs of the providence. Suddenly a young man appeared before the crowd and mesmerized it with a stirring speech. He told them that they were slaves and that a government, which didn’t hide its contempt for their religion, ruled them. He also assured the captivated gathering about the sympathy and passion that the Muslims of the British India held in their hearts for the oppressed Kashmiris. Finally he exhorted them to rise and fight for the vindication of their honour. This young man who ignited the fire and passions of freedom was Abdul Qadeer who hailed from Amroha in U.P and was visiting Kashmir. Such a dare devil display of boldness couldn’t be let off by the Maharaja’s administration. His speech was recorded by the C.I.A and he was arrested on 25 June on charges of treason. The trial was moved to Central Jail in first week of July and public mood made it manifest that things were moving for a showdown.
On 13th of July thousands of Muslims assembled outside the Central Jail and demanded permission to enter the compound and allow Muslim reps to watch the proceedings of the trial. Authorities’ refusal to entertain these demands caused the situation to turn grave. The situation became dangerously confrontational when the crowd attempted to force its entry into the compound. Instead of handling the situation with tact, the Governor ordered the Police to open fire leading to the martyrdom of 21 people besides injuries to over forty people. It goes to the velour of the ‘Shuhadas’ that according to Mr Wakefield” the wounds of dead Kashmiris (Shuhadas) were all in front”. The violent mob then set the police quarters on fire and using the blood soaked shirt of a martyr as flag, took the bodies to the Jamia Masjid where these were kept under a vigil for the whole night by the entire procession. The Maharaja clamped immediate martial law and handed over the city to the army, which encircled the Jamia Mosque. The standoff continued until Shuhada’s were buried in the compound of Khanqah-e-Naqshbandi on the third day of the incident amidst heart-rending incidents of devotion and inspiration. The entire population of the city had assembled to bid its salutations and homage to its heroes. The site of these graves has come to be known as Mazar-e-Shuhada where every year on 13 July, Muslims from all over Kashmir gather to dedicate themselves to the cause of freedom and honour.
The spilling of Kashmiri blood on 13 July, to lay claim to their political rights as a community, made a singular contribution towards the evolution of the freedom struggle in Kashmir. Blooding of a docile people broke the collective spell cast by the tyranny suffered in silence through centuries and underscored the power of sacrifice and character for securing the ideals of independence and freedom. The 21 martyrs of 13 July blazed a trail of glory that, ever since, has inspired the generations of Kashmiri youth to follow in their illustrious foot steps.
Momin Iftikhar
Kashmir is Bleeding
Almost half a decade back, while passing through the Garhi Dopata, Hattian and finally Chokati Bazar of Azad Jammu and Kashmir (AJ&K) to attend a briefing being given by Pakistani Army authorities to journalists on Kashmir issue, I had a belief that this time we are going to solve the Kashmir problem. Over a dozen vehicles in a queue, passing through the bazaars gave an impression to the bystanders on sides of the road and those peeing through their shops that the group of international and Pakistani journalists after knowing the miseries of Kashmiri people on both sides of Line of Control (LoC) would definitely go back to their respective countries and use the power of their pens to kill the issue once for ever. Where I noticed hope, I could also notice disappointment on the faces of some old aged Kashmiris, who had a clear idea that the briefing of foreign and Pakistani journalists is a routine affair and it has nothing to do with solution of long standing Kashmir conflict. They view that each journalist would come up with an excellent piece of journalistic art to stay alive in media and sell their industrial products. Many years after this briefing, I found sentiments of old aged Kashmiris to be true as one fails to find an inch movement in the resolution of this problem. Kashmir is bleeding so are the Kashmiris but there is hardly any serious effort to unite Kashmiris on the both side of the LoC. Genocide of Kashmiris Muslims, Hindus and Sikhs is taking place at the hands brutal Indian occupying forces but the international community and media is observing as silent spectators.
The Confidence Building Measures between India and Pakistan faded away in a wave of suspicion. Mumbai attacks, which although were linked with foreign intelligence conspiracy and Maoists struggle for independence, left Pakistan and India at eye balls to eye balls position. India government claims that recently organized election in India held Jammu and Kashmir state is sufficient to find out the verdict of Kashmiri people. Isn’t India ignoring the fact that all the major political parties boycotted the elections and over and above the elections were held in the presence of bulk of brutal Indian occupying forces? How can any elections be free and fair under the bayonet of guns? The Kashmiris living in Indian held Jammu and Kashmir state are prisoners of conscience and are subjected to blackmailing and torture. It is being officially admitted by Indian government that Mujahideen’ activities in the Kashmir Valley have drastically come down in the recent months but protests during the last two months over the incidents of rape and killings of innocent Kashmiris speaks of Indian security forces highhandedness otherwise if justice was provided to Kashmiris, there could be no room for latest protests and violence. India must admit that Kashmiris are not free and are being treated by Indian occupiers as third rated citizens in their own state. The treatment of minorities in Indian held Jammu and Kashmir is also deplorable. The Indian government and Army have forcibly occupied the houses of Kashmiri Hindu Pandits and Sikhs. The have been settled in refugee camps and are not allowed to return to their ancestral land. Despite the fact that Hindu Pandits and Sikhs want to voluntarily return to Indian held Jammu and Kashmir as well as Muslim Kashmiris have given all sort of guarantees to them for their safe return, India government is not allowing to return.
When Omar Abdullah took over as the Chief Minister of Indian Held Jammu and Kashmir, he made vary tall claims and it appeared that he would ease the miseries of the Kashmiri masses but he proved another puppet of Indian occupying forces. The gang rape and murder of two women in Shopian, mysterious killing of a young man in Srinagar and mysterious death of a Kashmiri college girl, molested by a group of Indian Territorial Army Jawans in Kupwara have put a big question mark on his ability and credibility. Despite protests and violence all around burning India Held Jammu and Kashmir, local newspapers are publishing full-page advertisements highlighting Omar’s first six months achievements and there is no mention of his failures. Omar feels that by spending Rs 60-crore on road modernization project in Srinagar and Jammu cities is his successes but being a Indian occupying force puppet he cannot realize that Kashmiris want their right of self determination. In fact his government has even failed to provide justice with regard to crimes in Shopian, Srinagar and Kupwara what to expect anything else. In fact Kashmiris figured out Omar’s pain for the people of Kashmir from day one when Indian security forces shot a hearing-impaired person outside his residence at Gupkar Road two days after the oath-taking ceremony. Omar is a helpless and lifeless instrument in the hands of Indian occupying forces who has no say of his own. It is on record that during Press conference in May, 2009, while ruling out rape and murder, Omar supported the Indian official version that the two women in Shopian had died due to drowning. Even his announcement to order an Inquiry was only to establish the claim of the Indian authorities but forensic reports proved on the contrary. There is no doubt that Omar is brainwashed child of Indian intelligence but he must realize that he is Kashmiri first. There is a requirement from all Kashmiris to express solidarity with Kashmiris living on both sides of LoC. If Omar and his puppet government cannot do much about Kashmiris right for self-determination, at least they should not add to their miseries.
By: Afshain Afzal
The Confidence Building Measures between India and Pakistan faded away in a wave of suspicion. Mumbai attacks, which although were linked with foreign intelligence conspiracy and Maoists struggle for independence, left Pakistan and India at eye balls to eye balls position. India government claims that recently organized election in India held Jammu and Kashmir state is sufficient to find out the verdict of Kashmiri people. Isn’t India ignoring the fact that all the major political parties boycotted the elections and over and above the elections were held in the presence of bulk of brutal Indian occupying forces? How can any elections be free and fair under the bayonet of guns? The Kashmiris living in Indian held Jammu and Kashmir state are prisoners of conscience and are subjected to blackmailing and torture. It is being officially admitted by Indian government that Mujahideen’ activities in the Kashmir Valley have drastically come down in the recent months but protests during the last two months over the incidents of rape and killings of innocent Kashmiris speaks of Indian security forces highhandedness otherwise if justice was provided to Kashmiris, there could be no room for latest protests and violence. India must admit that Kashmiris are not free and are being treated by Indian occupiers as third rated citizens in their own state. The treatment of minorities in Indian held Jammu and Kashmir is also deplorable. The Indian government and Army have forcibly occupied the houses of Kashmiri Hindu Pandits and Sikhs. The have been settled in refugee camps and are not allowed to return to their ancestral land. Despite the fact that Hindu Pandits and Sikhs want to voluntarily return to Indian held Jammu and Kashmir as well as Muslim Kashmiris have given all sort of guarantees to them for their safe return, India government is not allowing to return.
When Omar Abdullah took over as the Chief Minister of Indian Held Jammu and Kashmir, he made vary tall claims and it appeared that he would ease the miseries of the Kashmiri masses but he proved another puppet of Indian occupying forces. The gang rape and murder of two women in Shopian, mysterious killing of a young man in Srinagar and mysterious death of a Kashmiri college girl, molested by a group of Indian Territorial Army Jawans in Kupwara have put a big question mark on his ability and credibility. Despite protests and violence all around burning India Held Jammu and Kashmir, local newspapers are publishing full-page advertisements highlighting Omar’s first six months achievements and there is no mention of his failures. Omar feels that by spending Rs 60-crore on road modernization project in Srinagar and Jammu cities is his successes but being a Indian occupying force puppet he cannot realize that Kashmiris want their right of self determination. In fact his government has even failed to provide justice with regard to crimes in Shopian, Srinagar and Kupwara what to expect anything else. In fact Kashmiris figured out Omar’s pain for the people of Kashmir from day one when Indian security forces shot a hearing-impaired person outside his residence at Gupkar Road two days after the oath-taking ceremony. Omar is a helpless and lifeless instrument in the hands of Indian occupying forces who has no say of his own. It is on record that during Press conference in May, 2009, while ruling out rape and murder, Omar supported the Indian official version that the two women in Shopian had died due to drowning. Even his announcement to order an Inquiry was only to establish the claim of the Indian authorities but forensic reports proved on the contrary. There is no doubt that Omar is brainwashed child of Indian intelligence but he must realize that he is Kashmiri first. There is a requirement from all Kashmiris to express solidarity with Kashmiris living on both sides of LoC. If Omar and his puppet government cannot do much about Kashmiris right for self-determination, at least they should not add to their miseries.
By: Afshain Afzal
Wednesday, November 11, 2009
More Human Rights Violations in Gujarat
Press Release
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:
• 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.
• A memo of arrest must be prepared at the time of arrest. This should:
have the time and date of arrest.
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.
be counter-signed by the person arrested.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• Copies of all documents including the arrest memo have to be sent to the Area Magistrate (laqa Magistrate) for his record.
• The person arrested has a right to meet a lawyer during the interrogation, although not for the whole time.
• 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.
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:
• 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.
• A memo of arrest must be prepared at the time of arrest. This should:
have the time and date of arrest.
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.
be counter-signed by the person arrested.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• Copies of all documents including the arrest memo have to be sent to the Area Magistrate (laqa Magistrate) for his record.
• The person arrested has a right to meet a lawyer during the interrogation, although not for the whole time.
• 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.
More Human Rights Violations in Indian Gujarat
Press Release
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:
• 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.
• A memo of arrest must be prepared at the time of arrest. This should:
have the time and date of arrest.
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.
be counter-signed by the person arrested.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• Copies of all documents including the arrest memo have to be sent to the Area Magistrate (laqa Magistrate) for his record.
• The person arrested has a right to meet a lawyer during the interrogation, although not for the whole time.
• 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.
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:
• 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.
• A memo of arrest must be prepared at the time of arrest. This should:
have the time and date of arrest.
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.
be counter-signed by the person arrested.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• Copies of all documents including the arrest memo have to be sent to the Area Magistrate (laqa Magistrate) for his record.
• The person arrested has a right to meet a lawyer during the interrogation, although not for the whole time.
• 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.
More Human Rights Violations in Gujarat
Press Release
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:
• 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.
• A memo of arrest must be prepared at the time of arrest. This should:
have the time and date of arrest.
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.
be counter-signed by the person arrested.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• Copies of all documents including the arrest memo have to be sent to the Area Magistrate (laqa Magistrate) for his record.
• The person arrested has a right to meet a lawyer during the interrogation, although not for the whole time.
• 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.
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
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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:
• 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.
• A memo of arrest must be prepared at the time of arrest. This should:
have the time and date of arrest.
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.
be counter-signed by the person arrested.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• Copies of all documents including the arrest memo have to be sent to the Area Magistrate (laqa Magistrate) for his record.
• The person arrested has a right to meet a lawyer during the interrogation, although not for the whole time.
• 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.
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