Muslims & The Men In Khakhi - (No) Crime & Pinishment.

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anajmi
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Joined: Wed Jan 10, 2001 5:01 am

Re: Muslims & The Men In Khakhi - (No) Crime & Pinishment.

#61

Unread post by anajmi » Wed Feb 17, 2016 2:34 pm

Even the Ahle Bayt shouted Quran, Sunnah and Shirk at the top of their voices and died doing it. Unlike followers of shit ideology like you who think bikini is hijab according to Quran!!



qutub_mamajiwala
Posts: 992
Joined: Tue Jul 23, 2013 4:17 am

#62

Unread post by qutub_mamajiwala » Thu Feb 18, 2016 5:07 am

now u going back to ahleybayt.
it is irony of sorts
according to u they are dead and not useful for us anymore
since 14 yrs you were saying this and now this big around.
wow -- atleast credit me for bringing ahleybayt on ur lips.
that is enough for me
but hey u could not bring taimiyya to my lips---feeling sad?
gud --turn around from ur stupid taimyya ideology and go back to ahleybayt.
now before u comment on ahleybayt--first atleast gather knowledge about them.
they all fought with so called muslim only except prophet.
muslims like u who were barking allah and shirk like u.



qutub_mamajiwala
Posts: 992
Joined: Tue Jul 23, 2013 4:17 am

#63

Unread post by qutub_mamajiwala » Thu Feb 18, 2016 5:41 am

they fought against usman who while shouting allah and shirk did all kind of corruption, even zina while his wifes grave was being digged.
his fitna has caused strife in muslims till qyamat.
fought against mauiwiya who raised quran on swords while facing defeat--perfect alibi of taimiyya shouting allah and shirk and doing all morally and ethically wrong things.
fought against yazid, who while shouting allah and shirk drank wine, did zina and said there is no nabi and no wahi.
killed by kharajite who were similar to todays taimyya followers.
they did not shout allah quran and shirk, but acutually practised it, and got killed coz of it.



qutub_mamajiwala
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Joined: Tue Jul 23, 2013 4:17 am

#64

Unread post by qutub_mamajiwala » Thu Feb 18, 2016 5:44 am

while shouting allah and shirk, beat a women who was pregnant, and who was his prophets daughter--same like todays taimiyya followers who think women as property to be owned.



qutub_mamajiwala
Posts: 992
Joined: Tue Jul 23, 2013 4:17 am

#65

Unread post by qutub_mamajiwala » Thu Feb 18, 2016 5:51 am

but hey you are follower of nauman ali khan who justifes prophets marraige as it was 1400 yrs ago, and it was norm 1400 yrs ago.
it was arabic tradition 1400 yrs ago, everyone did it 1400 yrs ago. nothing related to now.
so why are u harping back on ahlylbayt 1400 yrs ago?



ghulam muhammed
Posts: 11653
Joined: Tue Oct 07, 2008 5:34 pm

#66

Unread post by ghulam muhammed » Sun Mar 13, 2016 7:45 pm

How I was framed as a terrorist and had to fight the system for my innocence

A harrowing account of arbitrary arrest, police torture, and, ultimately, exoneration.

This is a story about Aamir, an ordinary young man born in a Muslim family living in the by-lanes of Old Delhi; a youth who dreamt of a conventional future for himself: marriage, family, a nice home and a decent job.

Aamir’s dreams were cut short when he was kidnapped by the police and found himself accused of being a terrorist, planting bombs and being in league with dreaded Pakistan-based militants. And the bizarre events led to his imprisonment which lasted nearly 14 years.

The police told me that I had to admit to being involved in bomb blasts.

They told me I had to admit to the charges and since the case was false I would come out in a few years. When I resisted I was beaten. I was made to lie on my stomach and my legs and arms were pulled together and joined in an arch. It was very painful and my back hurt very badly.

Then they put a rod under the knees and sat on my legs. Even now I have pain in my knees. They really broke both my body and my spirit. I knew that from now on I would have to accept whatever they said. They told me that if I ever wanted to meet my family again I must accept whatever they said.

Almost every day different people came to question me. I do not know who they were because they did not introduce themselves. Before they came, the police would tell me some story about how I had planted a bomb somewhere or the other and I was supposed to repeat it to those people. I could not make very much sense of what was happening.

My parents asked permission from the police to give me a copy of the Quran Sharif. The police took it and said they would give it to me but they never did. I did not have the courage to ask them for it.

I would lie awake at night and often cry myself to sleep. I just saw the lights of the tower and heard the sound of the boots of the guards and I thought my entire life would pass within these walls.

Someone even told me that I would die in jail. There was a man who had become a bit mad. He would bathe and soap himself with his clothes on. He would eat his food sitting next to a drain. They told me I would become mad like him.

I told the judge about Guptaji and how he had framed me because I could not do the task he had assigned to me. The court order recorded that I stated that I have been “falsely implicated at the instance of one Guptaji of Intelligence Bureau”.

In April 2001, I was transferred to Jail No. 1. It was there that for no reason I was beaten very badly; they tied me to a pole and beat me on the soles of the feet. This kind of beating leaves no marks but it is very painful. In jail parlance it is called “Lakshman jhoola”.

This kind of violence is common in the jail. There is also the ever-present threat of the blade-baaz who cuts a man’s throat. Once many of us went on a hunger strike against the practice of putting offenders like these (blade-baaz) in the same cell with political prisoners.

I was acquitted in five more cases between April and July 2001.

On 17 August 2001, I was acquitted in the Rani Bagh blast case. The judge held: “Perusal of the entire records thus reveals that there is absolutely no evidence against the accused Amir Khan [sic] which could prove his involvement in the commission of the offences against him.”

I remember I was in the court but I do not know which case it was. After the proceedings were over, Feroze Khan Ghazi whispered to me that my father had passed away. Life ebbed out of my body and I felt absolutely numb.

The judge noticed that something was amiss and asked what had happened. When he was told the news he said, “Don’t worry, god will take care of everything.” I do not know how I managed to reach my cell and then I collapsed. I sat surrounded by silence. In the evening when I did not come out as usual, my fellow prisoners came to my cell to find out what had happened.

I did not eat that evening and I lay awake. Finally, as night fell and all was silent I broke down. I kept thinking of Abbu. His face, his gestures of love, his concern and his last words to me in hospital.

Who would come to court and follow up with the lawyers? Ammi had come with Abbu but did not understand the court proceedings. In any case she would be in mourning for three months so I would have no mulaqaats. I had never felt so desolate in my life. I felt abandoned and in despair. Even though I had been acquitted in twelve cases, there were seven more cases; and the money had already run out.

FULL ARTICLE :-

http://scroll.in/article/804347/how-i-w ... -innocence




ghulam muhammed
Posts: 11653
Joined: Tue Oct 07, 2008 5:34 pm

#68

Unread post by ghulam muhammed » Thu Apr 21, 2016 6:39 pm

Documentary of falsely implicated youths in terrorism to release in Bengaluru

The Karnataka chapter of Student Islamic Organization (SIO) is going to release, a documentary film on falsely implicated youth of Karnataka under fabricated cases of terrorism, here on April 23.

The premiere of the documentary film named “Unsolved-Stories of the Unheard” will be shown at Institute of Agricultural Technologists (IAT), Queens’ Road, Bengaluru at 5 PM .

SIO expect the documentary to become a strong step in the fight against human rights violations.

Saumitra Dastidar, Renowned Documentary film maker from Kolkatta, West Bengal, Vidya Dinkar, Activist from Mangaluru, Muthee ur Rehman, Journalist from Bengaluru and Labeed Shafi, State President, SIO Karnataka are expected to remain present in the event as guests.

http://twocircles.net/2016apr21/1461258 ... xlWLPl97IU



ghulam muhammed
Posts: 11653
Joined: Tue Oct 07, 2008 5:34 pm

#69

Unread post by ghulam muhammed » Sun May 08, 2016 7:21 pm

How Malegaon’s innocent ‘terrorists’ lost 10 years of their lives

Meet Malegaon’s innocent ‘terrorists’ and hear their stories to know how they were framed and punished for a crime they never committed.

Mohammad Zahid would have continued eking out a living earning a paltry Rs.1500 a month. He would have continued to remain a statistic, a faceless teacher at a madrasa in Yavatmal district’s Fulsawangi village, 450 km away from Malegaon, a mid-sized town in Maharashtra. No one would have known that Zahid had to subsist on just Rs.950 a month after paying for a room and water.

Yet, a few days after a bomb ripped through the Hamidia mosque, near Malegaon’s Bade Kabristan on September 8, 2006, Zahid was transformed from a poor teacher to a terrorist. It did not matter that he was 450 km away. Maharashtra’s Anti Terrorism Squad (ATS) accused him of assembling a bomb, concealing it in a bicycle and parking it next to the mosque. Suddenly, Zahid became one of the bombers responsible for killing 37 and injuring over 100, mostly from their own community.

Tortured to Confess

Raees Ahmed who runs an imitation jewellery shop in Malegaon was 33 in 2006. His wife was in the ninth month of her pregnancy when the ATS came knocking on his door. It is best to narrate his ordeal in his words: “I was bed-ridden for a week before the blast. On the day of the blast, I was in bed after offering namaz when the electrician who worked at the shop called to tell me there had been a blast. We were fasting as it was the month of roza. After a few weeks a policeman came to my house and said ‘sahab is calling you.’ I went to the police station and was asked if I was a member of SIMI and I said no but in the dead of night, I was taken to the ATS office in Mumbai where they only talked with their boots. The ATS men would drink for long hours and then start beating me. They wanted me to confess to my role in the blast. I did not know the meaning of the words ‘confession’ and MCOCA. I swore by my children that I had no role but they said I had received 18 to 20 kilos of RDX. One morning they tied a tight bandage around my eyes and opened it only in the evening and then took my photographs. They showed me the picture. I couldn’t recognise myself. What I saw was a man who looked like a terrorist. The bandage had had that effect. In every prayer I only asked Allah for one thing: that the real perpetrators are arrested. My daughter Ayesha was born 18 days after I was taken into custody and we never saw each other for five-and-a-half years. My wife’s brother gave her Rs.5000 a month to look after our six children.”

Like Raees, the other five HT met narrated hair-raising stories of third degree torture. Abrar Ahmed, now 38, ran a poultry farm ten years ago. He went to the hospital where the injured were being taken and donated blood. But soon, he too was picked up by the ATS. “My nails were pulled out and two lit cigarettes were stuffed into my nostrils. One night, I was forced to drink a lot of water and when I said I wanted to use the toilet, they brought a bucket and asked me to aim into it. As soon as I started urinating, a current passed through my body and I passed out. When I woke up, I was in a hospital bed.”

Another ‘accused’, Noorul Huda, 24, who was settling into married life after having tied the knot in May 2006, was charged with planting bombs at the Kabristan gate. “I sported a skull cap and had a beard and was constantly asked by the ATS, ‘why are you such a kattad Muslim? Why don’t you watch movies?’ I was beaten regularly and given electric shocks. Before each beating, they would ask me to take off all my clothes and each time I kept pleading my innocence and they kept saying ‘you are not capable of triggering a blast but we want to fill our jails with kattad people like you.’ I was in their custody on Eid and they didn’t let me offer my prayers. They said if I didn’t confess they would bring the women of my family and subject them to the same treatment. I am free today but I have lost my identity. When I walk on the streets of Malegaon, people don’t say, that’s Noorul Huda. They say, that’s Noorul Huda, who was arrested for the blasts.”

NIA to the Rescue

The case took a turn in 2011 when the investigation was handed over to the National Investigation Agency (NIA). After repeated accusations against the ATS, the case had been earlier handed over to the CBI which corroborated the Maharashtra Squad’s probe. The NIA had the confession of Swami Aseemanand, an accused in the Mecca Masjid blasts of 2007, who pointed to the role of right-wing organisations in the Malegaon case. The ATS charge sheet collapsed soon after. The NIA examined several witnesses who testified to what Zahid had been saying all along: he was 450 km away from the Hamidia masjid on the day of the blast.

The NIA charge sheet makes it crystal clear that the ATS had made scapegoats out of the nine Malegaon men. The agency’s charge sheet, submitted before the MCOCA court said, “Before the further investigation of this case was handed over to the NIA, Swami Aseemanand had made a confession in the Mecca Masjid blast case that Sunil Joshi [an RSS functionary, who was killed mysteriously in 2007] had told him that the blasts at Malegaon were the handiwork of his boys. He had stated that a meeting was held in June 2006 at the house of Bharat Rateshwar at Valsad, where Aseemanand had suggested that Malegaon which has 86% Muslim population may be chosen first for bomb blast. Aseemanand further stated that Joshi had told him that during Diwali in 2006, his men have exploded bombs in Malegaon… All the accused who had earlier recorded their confessions under MCOCA stated that their confessions were recorded under duress and pressure. They denied to accept the contents of their confessions.”

The Acquittal

The judge, VV Patil, finally removed the terror label last week on April 25. His orders states, “There was Ganesh immersion just prior to September 8, 2006 which is used to celebrate in entire Maharashtra state. Had the accused 1-9 any object that there should be riots at Malegaon, then they ought to have planted the bombs at the time of Ganesh immersion day which would have caused death of most of the Hindu people. It seems to me highly impossible that the accused 1-9 who are from Muslim community would have decided to kill their own people to create disharmony in two communities that too on a holy day – Shab-e-Barat.”

The bombs had exploded during the month of Ramzan. Shab-e-Barat, considered auspicious among Muslims, is a time when they assemble to pay respects to their departed relatives.

Today, as Zahid and the others try and pick up the pieces, some questions remain. For Dr Farogh Makhdoomi, the sense of injustice is acute. “I will not seek compensation from this government,’’ he asserts. He wants action against the ATS officials. So does Dr Salman Farsi, who now spends time in researching how innocent ‘terrorists’ like him in other countries fought and got compensation.

The fight for dignity is still on.

http://www.hindustantimes.com/india/how ... 4etvJ.html



ghulam muhammed
Posts: 11653
Joined: Tue Oct 07, 2008 5:34 pm

#70

Unread post by ghulam muhammed » Mon May 09, 2016 5:44 pm

ghulam muhammed wrote:How Malegaon’s innocent ‘terrorists’ lost 10 years of their lives

Meet Malegaon’s innocent ‘terrorists’ and hear their stories to know how they were framed and punished for a crime they never committed.

http://www.hindustantimes.com/india/how ... 4etvJ.html
HT Videos of Malegaon 2006 discharged men

Abrar Ahmed

https://youtu.be/fZHHlOzK2_I

Raees Ahmed

https://youtu.be/_UBJrYqLNT8

Noorul Huda

https://youtu.be/baJlZzZfJvY

Mohammed Zahid

https://youtu.be/RWDmyjKTMQc

Dr. Farogh Makhdoomi

https://youtu.be/a_VmAawEc9U

Dr. Salman Farsi

https://youtu.be/S6f3w_-wM9w



ghulam muhammed
Posts: 11653
Joined: Tue Oct 07, 2008 5:34 pm

#71

Unread post by ghulam muhammed » Thu May 19, 2016 4:44 pm

Impossible That Muslims Would Have Decided to Kill Their Own People: Court

The special NIA court, which discharged eight accused in the Malegoan 2006 blast, observed that it was impossible that the accused who are Muslims themselves, would have decided to kill their own people to create disharmony in two communities, that too on a holy day of Shab-E-Barat.

The court also held that the ATS officers discharged their public duty in a "wrong way" and merely on suspicion projected them as accused in the case.

Ten years after a series of bombs exploded in Malegaon killing 37 people, the court had yesterday dropped charges against eight Muslim youths due to lack of evidence against them.

"In my view the basic foundation or the object shown by ATS behind the blast dated September 8, 2006 is not acceptable to a man of ordinary prudence. I say so because there was Ganesh immersion just prior to it...Had the accused had any object that there should be riots at Malegaon, then they ought to have planted bombs at the time of Ganesh immersion day, which would have caused death of most of the Hindu people," observed special NIA judge V V Patil.

The court also said that after scanning of the investigation papers of ATS, it emerged that there is not sufficient ground for proceedings against the accused persons.

"I am also of the view that there is no prima facie evidence of commission of alleged offence by the accused persons, so as to frame charge against them for any of the charges levelled against them," the court observed.

http://www.outlookindia.com/newswire/st ... urt/938110



ghulam muhammed
Posts: 11653
Joined: Tue Oct 07, 2008 5:34 pm

#72

Unread post by ghulam muhammed » Mon May 30, 2016 5:21 pm

Now the half chaddi RSS stooge will come out with an article from "Satyavijay" to prove that the Muslim was released wrongfully and that he deserved to die in jail !!


After 23 years in jail, I am free but what you see now is a living corpse, says Nisar

He could not walk, he could not sleep. That’s what 23 years in prison had done when they came to an end 17 days ago, in a Jaipur prison late in the evening.

Nisar-ud-din Ahmad says when he stepped out, he saw his brother, two years older than him, Zaheer-ud-din Ahmad, waiting. “I felt a terrible heaviness in my legs. I froze. For a moment, I had forgotten I was free,” said Nisar.

Nisar was among three men who walked out from Jaipur jail after the Supreme Court acquitted them of all charges, setting aside their life sentence and ordering their immediate release on May 11. They were booked for five blasts onboard trains — on the first anniversary of the Babri Masjid demolition — that killed two passengers and injured eight.

By the time they were acquitted, their families had been left shattered by the fight to prove their innocence.

“I have clocked 8,150 days of the prime of my life inside the jail. For me, life is over. What you are seeing is a living corpse.”

“I was yet to be 20 years old when they threw me in jail. I am 43 today. My younger sister was 12 when I saw her last. Her daughter is 12 now. My niece was a year old. She is already married. My cousin was two years younger than me, she is now a grandmother. A generation has completely skipped from my life.”

Nisar spent his first night of freedom in a hotel in Jaipur. “I couldn’t sleep, there was a bed in the room. All these years, I have slept on the floor on a thin blanket,” he said.

Nisar says he remembers January 15, 1994, when he was picked up by police near his home in Gulbarga, Karnataka. He was a second-year student in Pharmacy. “I had an exam in 15 days, I was on my way to college. A police vehicle was waiting. A man showed me his revolver and forced me to get in. The Karnataka Police had no idea about my arrest. This team had come from Hyderabad. They took me to Hyderabad,” he said.

Records show he was produced before a court on February 28, 1994. That’s how his family got to know where he was, he says. His older brother Zaheer-ud-din — Nisar has two brothers, two sisters — who was working in Mumbai as a civil engineer, was picked up that April.

“Our father Noor-ud-din Ahmad left everything to fight a lonely battle to prove our innocence. He didn’t see any hope until he died in 2006. Now there is nothing left.”

“Nobody can imagine what it means to a family whose two young sons are jailed,” said Nisar’s brother Zaheer. Like Nisar, Zaheer, too, was sentenced to life imprisonment but was released on bail on May 9, 2008 by the Supreme Court on health grounds — he was diagnosed with lung cancer in jail.

Zaheer says he could fight the cancer because that was the only way to get his brother out of jail. “I followed the case with singular focus. I kept on making applications to court saying how we have been wronged. Finally, the Supreme Court gave a verdict exonerating both of us and two others.”

The only evidence police produced was their alleged custodial confessions — the provisions of Terrorist and Disruptive Activities Act (TADA) were later invoked to make these admissible.

They approached Supreme Court and challenged the TADA Court’s order. Justice Fakkir Mohamed Ibrahim Kalifulla and Justice Uday Umesh Lalit observed that the confessions of the four accused, including Zaheer, Nisar and Yusuf, were “without any legal sanction and cannot be relied upon”.

According to the judgment, Nisar’s “role is neither referred to in the confessions.. nor is there any material other than the confession of (Nisar) himself on record. The conviction and sentence of (Nisar) is therefore completely unsustainable”.

Regarding his brother Zaheer, the judgment said: “In the absence of any other material on record to lend any semblance of corroboration to the confession (of the co-accused), we find it extremely difficult to sustain the conviction and sentence of (Zaheer) simply on the basis of confession of (the co-accused).”

“We were framed. It took almost 12 years and finally Supreme Court acquitted us of all charges,” said Nisar. “I am thankful to Supreme Court to give my freedom back. But who will give my life back?”

Advocate Nitya Ramakrishnan, who represented five among the accused, including Nisar and Zaheer in the apex court, says that their alleged “confession in police custody is the beginning and end of the case”.

The Supreme Court upheld the conviction of ten others, including one who is now 85, another is 79 and a third is a 74-year-old. “They are going to die inside jail,” said Nisar.

READ FULL ARTICLE :-

https://in.news.yahoo.com/23-years-jail ... 00618.html



qutub_mamajiwala
Posts: 992
Joined: Tue Jul 23, 2013 4:17 am

#73

Unread post by qutub_mamajiwala » Tue May 31, 2016 4:53 am

Communal Violence in Paschim Medinipur: No Media Coverage !! Read The Truth

http://satyavijayi.com/sos-communal-vio ... -coverage/



ghulam muhammed
Posts: 11653
Joined: Tue Oct 07, 2008 5:34 pm

#74

Unread post by ghulam muhammed » Fri Oct 21, 2016 4:24 pm

Whither Justice for Religious Minorities

Ram Puniyani

Retired Justice of Supreme Court Justice Markandey Katju wrote (26 September 2016) to the Supreme Court judges, “You are aware that one Ikhilaq was brutally lynched by cow vigilantes in Dadri. Instead of severely punishing the perpetrators of this heinous outrage, the police and local judge are proceeding against the family of Ikhlaq…Have the police gone mad?”

Chand Khan alias Shan Khan spent 11 years in a jail in 2002 Akshardham temple attack case before he was acquitted without any compensation so far. Instead he has been booked in a case of cow slaughter. (21 September 2016) There is a book by Mufti Abdul Qayum Abdul Hussain, ‘Eleven Years behind the bars’ (I am a mufti, I am not terrorist). This book tells the story of Mufti Sahab being arrested on charges of terrorist violence, tortured and then was released after spending such a long time in prison. A Muslim boy called Aamir Khan was in prison for 14 long years before he was released. He was booked under the charges of terrorism when he was preparing for his matriculation examination and as he came out of the dark dungeon he had already lost his father and found his mother seriously ill. Reading his book, ‘Framed as a Terrorist’, makes one realize as to what brutal extent the system can go against an innocent individual.

These are just few of the glaring samples from vast number of cases of Muslim youth and men who have faced the situation where their life came to a halt, careers ruined and families destroyed. One can add a large number to this list but couple of more examples is in order, Haji Umarji was in prison for being the mastermind of Godhra train burning and was released after few years of torture as no evidence of any type was found against him. In the infamous cases of terror blasts in Makkah Masjid (Hyderabad), Malegaon, Samjhauta Express and Ajmer blasts large number of Muslim youth were arrested and later released for lack of any credible evidence. Most of the investigations showed the sloppy and motivated investigation done by authorities. It has become a sort of pattern where the bias of police towards minorities becomes obvious. The scholars of communal violence in India tell us that the police did play a neutral role during British period. It was a force which intervened in a neutral way.

The biased attitude of police picks up after independence and right from the first major violence in Jabalpur in 1961, the anti minority attitude of police can be seen. Even the state machinery and political leaderships at times have aggravated this attitude by their policies. Most of the inquiry commission reports, films and documentaries bring out this fact. The representation of Muslims in the state services is miniscule, and those Muslims who are in the position of authority have to go with the flow either by keeping quite or they are given postings in the areas where they can’t influence the dynamics of communal violence.

Shrikrishna Commission report of Mumbai violence showed that many police officers either looked the other way around or sided with those indulging in violence. Same was the case in massive anti Sikh violence (Delhi 1984) and Gujarat violence, to give the few examples. In one case of anti minority violence in Mahararshtra (Dhule 2013) the police itself took up the role of perpetrators of mayhem. In a very revealing book Hashimpura, V.N. Rai ex Director General of police points out that the police deliberately took away truck load of Muslims and shot them point blank and threw their bodies in the canal. It was few of the survivors of the tragedy who told the tale of their harrowing experience.

After 9/11 2001, WTC attack, American media manufactured a phrase ‘Islamic Terrorism’, which cleverly hides US goal of propping up Al Qaeda for controlling oil wealth and projects as if Islam-Muslims are the cause of terrorism in the World. Since then the matters have worsened and not only the broad social thinking but even the state authorities are totally taken in by this propaganda. The global Islam phobia has been cultivated by media and vested interests.

There is an urgent need to protect the innocent young people and others. So many commissions set up for police reforms have given the suggestions for improving the system of policing. We need to sensitize the police personnel to the issues related to minorities in our country. There are state and national level police academies training the police personnel. The curriculum of these academies needs to be modified to incorporate the reality behind the biases and stereotypes which are prevalent in the society. The police needs to be aligned to Constitution rather than being dictated by their sentiments and emotions; they need to understand the truth behind the prevalent social common sense.

There are many civil society groups who are struggling to campaign on these issues, they do take up the cases of many of these being framed by the authorities or being incarcerated, but their capacity is limited. The network working for innocents needs to be strengthened all over the country. Those falsely implicated need to be compensated and the police officers implicating them need to be punished. Many of the books written by the falsely accused people need to be made a mandatory reading in our administrative staff colleges, and academies training the police and other administrators. The political parties who want to uphold the secular values have to isolate the communal outfits and ensure that communal parties don’t come to power. We need a society with justice and peace. Such gross injustice against the people of particular religion shows that our justice delivery system is weak. The culture of any society should be judged by the index as to how justice is delivered to weaker section of society including the religious minorities. Let’s hope Justice Katju’s letter is taken seriously!

http://peoplesvoice.in/2016/10/19/whith ... inorities/



ghulam muhammed
Posts: 11653
Joined: Tue Oct 07, 2008 5:34 pm

#75

Unread post by ghulam muhammed » Thu Dec 22, 2016 5:23 pm

India’s Answer to Custodial Killings: Cash and Not Justice

Police Are Rarely Held Accountable for Custodial Deaths, As the Case of 22-Year-Old Altaf Shaikh Shows

“From his affidavit it appears that he has already made up his mind and has given a clean chit to the police officers,” the Bombay High Court found in October 2009 in response to an affidavit from the assistant commissioner of police of Maharashtra’s Criminal Investigation Department. Investigating the death of 22-year-old Altaf Shaikh in police custody, the assistant commissioner had absolved his colleagues and asked the court to dismiss the petition filed by Shaikh’s mother seeking further investigations into her son’s death. The court ultimately ruled that state authorities had colluded to find reports “manufactured to help the police officers.”

Shaikh died within hours of his arrest on September 11, 2009, while detained at the Ghatkopar police station in Mumbai. The police said that he died from consuming “medicines of intoxication,” implying an overdose of recreational drugs, but Shaikh’s mother, Mehrunisa, blames police torture.

An examination of the court orders, legal and medical records into Shaikh’s death, as part of an investigation by Human Rights Watch into 17 deaths in police custody between 2009 and 2015, throws a spotlight on the central reasons for continued lack of accountability – that police investigators choose to protect their colleagues through weak or biased investigations and resist filing First Information Reports against police.

The Ghatkopar police took several steps to cover-up wrongdoing in Shaikh’s case. Under the guidelines of the National Human Rights Commission, which plays an important oversight role in investigations of custodial deaths, the police are expected to register a FIR and the death should be investigated by a police station or agency other than the one implicated. But this is flouted more times than not. In 2015, police registered cases against fellow police officers in only 33 of the 97 custodial deaths according to government data.

Instead of filing an FIR in Shaikh’s case, senior police officials made comments to the media claiming that Shaikh was a drug addict and possibly died of a drug overdose. Afraid that police’s comments indicated that they might not investigate her son’s death, Mehrunisa Shaikh filed a petition in the Bombay High Court seeking an independent investigation by the Central Bureau of Investigation.

Indian law requires a judicial magistrate to conduct an inquiry into every custodial death but this was not followed in Shaikh’s case either. The police told the court that an inquiry was being conducted by an executive magistrate. The court found that it was the same authority who conducted the inquest and that had said there were no external injuries on Shaikh’s body, later contradicted by autopsy reports which found eight external injuries and scalp contusions. The Bombay High Court, in its ruling on the case, said the inquest was “false” and ordered a fresh investigation by the CBI saying “we can neither trust the Magistrate nor can we trust the [police] for investigation”.

Every case of custodial death is supposed to be reported to the National Human Rights Commission within 24 hours and the police are also required to report the findings of the magistrate’s inquiry to the NHRC along with the postmortem report. This is an important protection, but court decisions and media accounts show that these steps are frequently ignored. According to government data, a judicial inquiry was conducted in only 31 of the 97 custodial deaths reported in 2015. In 26 cases, there was no autopsy.

Between April 2012 and June 2015, of the 432 cases of deaths in police custody reported to the NHRC, the commission recommended monetary relief totaling about Rs 2.3 crore, but recommended disciplinary action in only three cases and prosecution in none.

As in Shaikh’s case, it often takes the intervention of the courts to order proper investigations into alleged deaths in police custody. As the Supreme Court noted in 2004 in Munshi Singh Gautam v. State of Madhya Pradesh, “Bound as they are by the ties of brotherhood, it is not unknown that police personnel prefer to remain silent and more often than not even pervert the truth to save their colleagues.”

FULL ARTICLE :-

https://www.hrw.org/news/2016/12/20/ind ... ot-justice



ghulam muhammed
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#76

Unread post by ghulam muhammed » Fri Dec 23, 2016 6:27 pm

People wrongly convicted in terror charges must be compensated, says Justice Shah-led jury

Media must refrain from pronouncing terror accused as ‘guilty’ till a formal pronouncement is made by the court, and a rights-based approach should be adopted by the State to grant compensation to the victims of wrongful actions of the State, a Jury led by Justice AP Shah, former Chairman of Law Commission of India said at a press conference in Delhi on December 10.

Justice Shah was speaking at the release of the Jury report based on the People’s Tribunal on Acquitted Innocents in terrorism cases, which was conducted in October.

Apart from Justice A.P Shah (Ex CJI Delhi High Court, Chairman of the 20th Law Commision of India), other members of the jury included noted filmmaker Saeed Akhtar Mirza, G.S. Bajpai (NLU Delhi Registrar), noted journalist Neena Vyas, Delhi School academic Nandini Sundar, TISS Deputy Director Abdul Shaban, journalist Vinod Sharma and Advocate Monica Sakrani.

"The amount of compensation must be decided on a case to case basis taking into account both pecuniary and nonpecuniary losses," the jury said in its report.

On October 2, 2016, Innocence Network India had organised the first People's Tribunal on Acquitted Innocents in terrorism cases, which saw 15 innocents from across the country depose in front of the jury.

"The depositions (on October 2) explicitly make clear all that is wrong with the criminal justice system when it comes to dealing with cases of terrorism. The Jury, while recognizing the need for the State to provide compensation to the victims for their wrongful conviction, identified different stakeholders involved in the entire process of arrest and acquittal," the report said.

“The wrongful prosecution did not result from mere technical errors or genuine human lapses in investigation, but from willful and malicious investigation and prosecution. It does appear that it is routine for police and investigating agencies to round up and arrest Muslim youth in the aftermath of any bomb explosion or aĴack. The most striking example of this is the manner in which investigation into the Malegaon blast 2006 was carried out. Members of the Muslim community were rounded up, trumped as SIMI activists and shown as key suspects despite the fact that at least one of them was already in police custody at that time, and another key accused was hundreds of kilometres away leading the shab-e-baraat prayers in Yavatmal on that very day,” the report of the Jury says.

“The testimonies laid bare the excessive powers granted to the investigating agency under the anti-terror legal regime. The Jury is constrained to note that these laws have a decided lawless character, and have resulted in the false implication of scores of youth on charges of terrorism,” it added.

Suggestions

Compensation: A rights based approach should be adopted by the State to grant compensation to the victims of wrongful actions of the State. The amount of compensation must be decided on a case to case basis taking into account both pecuniary and non pecuniary losses.

Accountability: The police officials involved in such cases must be held accountable. A departmental inquiry must be conducted against them. Further, these police officials should be made criminally liable for the malicious acts done by them in their official capacity.

Guidelines for media: The media ought to be cognizant of its power to devastate lives through sensationalism and partisan reporting. The media must refrain from pronouncing the accused as guilty till a formal pronouncement is made by the court. Further, the media must publish an apology, if it had written defamatory material against the acquitted innocent at the time of his arrest.

Legislative reforms: Article 14(6) of the ICCPR must be incorporated into legislative framework. The Prevention of Torture Bill should be passed by the Parliament. Provisions of the anti-terror laws, Indian Evidence Act and Criminal Procedure Code should be amended to hold erring officers accountable and to curb custodial violence.

Institutional And Societal reforms: Human Rights bodies such as NHRC and SHRCs must establish a dedicated cell to look into the cases of acquitted persons. The public must also make an active attempt towards rehabilitation of such acquitted persons.

The Jury also took strong note of the torture culture in India, and said, “One of the key features of all testimonies was the systematic torture that the suspects were subjected to by the agencies. As many existing reports have shown, torture is endemic to India’s policing culture. In terror investigations, however, it seems to be the very cornerstone.”

http://twocircles.net/2016dec10/1481386 ... F2iMlN97IX