While there is an uneasy calm in Delhi post the violent clashes, the underbelly of Delhi is still simmering in the after-effects of the violence. The damage that was intended – creating a fear psychosis against the minorities, has been achieved.
While stories of unity are doing the rounds at this trying time, some groups are still unwilling to let go of the hatred and join hands to ensure peace.
A video posted by Hyderabad Metro News on Facebook, shows a group of people planning a protest to be held on March 1 in a response to the violence that recently took place in Delhi and the ongoing protests going on at Shaheen Bagh against the CAA-NPR-NRC.
In the video, the man addressing the gathering is heard as saying, “I request everyone that on 1st March at GD Goenka School at 10 o clock to gather in large numbers and also post on your Facebook as well as mobilize your neighbours. It’s time to awaken everyone in large numbers otherwise that day is not too far when we (Hindus) will become their slaves again. Today we see in Delhi that every corner is being burnt down in front of our eyes. Our soldiers are being killed, bullets are being shot in broad daylight at our policemen. Also see how they are breaking in and burning down houses.”
He adds, “And Shaheen Bagh situation is worse from the last 1and half month (corrected 70days). Entire place is packed with these people. Our children are not able to go to schools. People are not able to attend their duties in UP. Meanwhile they are enjoying their Biryani. They are not even letting the ambulances pass for 2hours. There are deaths because of this. To punish these protestors and open these roads all Hindus must unite and come together raising the chants of ‘ Jai Shri Ram’ to gather in GD Goenka School, Madanpur. I also appeal to all the mothers to come in large numbers because their sisters are also gathered there. I appeal to everyone who’s here to go to each and every house and invite everyone to join us in our struggle. Tempo facility will also be provided for travel.”
Many people who have commented on this video, have appealed the public to not get instigated by the contents of the video and engage in violence. Some have also called for the video to be reported to the police.
The contents of the video clearly reveal the narrative of hate mongering and fear mongering, engaging in ‘othering’ and just further creating the ‘us v/s them’ divide. It is further stereotyping the minorities and is an example of a planned conspiracy against them.
Small groups of citizens in Ahmedabad took to the streets on Wednesday evening to hold a peaceful demonstration against communal violence in Delhi, Khambhat in Gujarat and Aligarh in Uttar Pradesh. As a result of the peaceful protest call, more than 50 people assembled on the footpath outside Kanoria Arts Centre with at least two PCR vans and at least 25 police personnel keeping guard, for nearly an hour.
The protest took place without any written police permission and on the basis of oral assurances from the police. Police personnel asked demonstrators not to raise slogans and only permitted display of placards. Half an hour into the demonstration, two persons whose identities could not be determined, faced the demonstrators while holding a placard stating, “We are artists and we support to CAA & NRC…”. The two were immediately taken away by police and later released.
There was also a call for protest outside the Sabarmati Gandhi Ashram to condemn the violence on Tuesday night. However, the event did not take place and five persons, including four students from Gujarat Vidyapith were detained for approximately six hours at the Subhash Bridge police chowki.
The detainees included educator and activist Abhishek Khandelwal, Vidyapith students Utpal Anish, Dharam Hadvani, Himanshu Sharma and Chirag Tadvi.
Post the violent clashes in Delhi, the Chief Minister of the national capital Arvind Kejriwal held a press conference announcing relief and rehabilitation measures for the families of the deceased and for the injured.
He announced that the ‘Farishtey’ scheme that was announced for accident victims in the capital, would now also be applicable to the crime-affected and riot-affected victims. Under this, victims of the riots can begin treatment at private hospitals and the charges for the same would be reimbursed by the Delhi government.
He also said that the Delhi government would provide ration to people in areas that are under curfew with the help of NGOs, RWS, local councilors and public representatives. He also launched round the clock helpline numbers for relief and rehabilitation. An app where people can register their claims will also be launched by the government soon.
The CM has announced that 12 Sub Divisional Magistrates (SDMs) will be deployed to oversee the support, relief and rehabilitation activities. While 2 SDMs will remain in reserve, 4 night magistrates shall be deployed to coordinate relief activities and respond to emergent situations. They will also patrol their respective areas with the police during night hours.
Apart from announcing a compensation of Rs. 1 crore to the family of head constable Ratan Lal who was killed in the violence, he has announced a compensation of Rs. 10 lakh for the families of the deceased, out of which Rs. 1 lakh would be ex-gratia and Rs. 9 lakh would be given after verification of documents. In case of the death of a minor and permanent incapacitation he announced a compensation of Rs. 5 lakh, a Rs. 2 lakh compensation for a ‘serious’ injury, Rs. 20,000 compensation for minor injuries and Rs. 3 lakh compensation for those who have been orphaned.
In case of loss of animals / cattle, a compensation of Rs. 5000, in case of a burnt / damaged rickshaw a compensation of Rs. 25,000 and in the case of a damaged / burnt e-rickshaw a compensation of Rs. 50,000 was announced.
The Delhi CM also said that those whose houses were destroyed in the violence would get Rs. 5 lakh compensation. In case of a rented apartment, the landlord would get Rs. 4 lakh and the residents would receive Rs. 1 lakh for the loss of their belongings. Those requiring immediate relief in case of loss of residence, an ex-gratia compensation of Rs. 25,000 was announced.
A Rs. 2 lakh compensation was announced in case of substantial damage to the house. In case of damage to an uninsured commercial establishment, the compensation would be Rs. 5 lakh.
CM Kejriwal also announced that the Revenue Department would put up special camps for the remake of documents like ID cards, Aadhaar cards, community certificate, income certificate, property deeds, etc. which may have been destroyed after arson and violence to people’s homes.
He has also directed the Finance department to coordinate with insurance companies and settle claims of those people whose insured shops, vehicles, etc. have been destroyed in the violence. Subsidized loans on easy terms will also be granted to such persons.
The state government will provide books and uniforms to children whose books have been burnt in the violence. Children who were not able to give the CBSE and ICSE board exams will be provided another date by the government to do so.
He also said that nobody should play politics over these riots. He said nobody from any political party, whether from his own, if found guilty of perpetrating violence, should not be spared.
The complete video of his press conference may be viewed here.
In yet another example of how challenging it has become for people to prove their citizenship, the Gauhati High Court has ruled that a school leaving certificate needs to be authenticated by providing the testimony of the issuing authority. The court ruled against the suspected foreigner in the case because she failed to get her school headmaster to testify to this effect.
It is well known that when it comes to providing proof of citizenship, the burden of proof lies on the proceedee instead of the prosecution. This is unlike proceedings in criminal cases where the accused is presumed innocent until proven guilty.
In the present case, Sahera Khatun provided12 documents to provide linkage to her ancestors. These included seven voters lists that contained names of her grandparents, parents and siblings along with her own. She also submitted a copy of her school leaving certificate from Omkar Sarkar School in Khatara. This certificate gave her date of birth as February 2, 1978. She also submitted certificates issued by two Gaon Burahs from Laruajan and Kanhara villages.
Additionally, her mother and brother also gave oral evidence. But their oral testimonies were discarded for lack of supporting documentary evidence. Moreover, her mother could not turn up for the cross examination. But a division bench of Justice Manojit Bhuyan and Parthivjyoti Saikia ruled, “We would observe that in a proceeding under the Foreigners Act, 1946 and the Foreigners (Tribunals) Order, 1964 the evidentiary value of oral testimony, without support of documentary evidence, is wholly insignificant. Oral testimony alone is no proof of citizenship.”
With respect to her school leaving certificate, the bench ruled, “Although an argument can be made that since the school in question at Exhibit-9 is a provincialised school and on that account the Certificate is admissible in evidence, we may observe that a document which is found admissible is not the end of the matter. The content of the same has to stand proved through the legal testimony of the Issuing Authority. In the present case the Headmaster of the school in question was not examined to prove the contents of the Certificate.”
Over the last two years, CJP has been bringing to you stories of people’s struggle to prove their citizenship, first in Foreigners’ Tribunals and then in the Gaujati High Court. The odds are against them, especially in case of married women who rarely have any documentary evidence as they are usually born at home in the village, rarely sent to school and then married of before their names are entered in the voter’s list. But even when they do have documents as in the case of Sahera Begum, they are made to jump through hoops and their families are dubbed “projected families” as if in a final insult to their injury.
Gujarat’s coastal town Khambhat in Anand district too has been simmering in communal violence for two days now. On Tuesday, in a fresh round of violence, a mob set a house ablaze in the Mochiwad area of the town. There were no reports of anyone getting injured in the incident.
The matter seemed to have erupted after a public gathering that was organized under the umbrella of the Hindu Jagran Samiti, addressed by some local BJP leaders near the Gavara tower in the heart of the town.
On Sunday, the town had witnessed clashes between the Muslims and members of the Chunara community in Akbarpura which had left 13 persons, including four cops injured. A mob of 1,000 people was booked for illegal assembly, rioting, damage to public property, intentional insult with intent to provoke breach of peace, criminal intimidation, outraging religious sentiments, causing hurt by using acid and endangering life among other sections of the IPC in the clash where 30 houses and shops were set ablaze and a dozen vehicles were damaged.
Post the violence, 60 percent of the town has been declared to be ‘disturbed’ and placed under the Disturbed Areas Act for a period of five years starting Wednesday February 26, 2020 to February 25, 2025, forbidding any sale or transfer of immovable property during the period, reported The Indian Express.
The issued notification read, “The government of Gujarat having regard to the intensity and duration of riots and mob in respect to the areas of Khambhat town, is of the opinion that public order in the said areas was disturbed for a substantial period by reason of riots and violence of mob.”
District Collector Anand RG Gohil said, “This is for the first time that the Disturbed Areas Act has been implemented in Khambhat after the recent instances of riots and violence. Between 60 – 70 percent of the town has been covered under the Act, keeping in mind the sensitivity of the areas and to ensure and maintain a population balance of the two communities in these areas. The areas are a combination of both Muslim and Hindu dominated neighbourhoods. Prior to this on January 1, 2020, the Act was implemented in parts of Anand town.”
“For the past 10 years or so, there have been sporadic incidents of violence in the city. The reasons have been multiple and at times very trivial, including fights among children, during festivals and others. In most areas, people of both communities live in the opposite lanes and at times situations spiral out of hand at the slightest trigger. In 2011-12, I was here as the ADM and things were grim then. After that every now and then there have been such incidents in the city,” he added.
Post the incident, the Khambhat police has booked 18 political and religious leaders, including members of the right-wing Hindu Jagran Manch (HJM) for illegally organizing the public gathering and delivering inciting speeches, reported The Times of India. Four FIRs have been registered in the incident.
The offence was registered against BJP MLA Sanjay Patel, Khambhat BJP’s city unit president Pinakin Brahmbhatt, Yogesh Shah alias Saadi, Nanka Patel, Jayveer Jayraj Joshi, Nandkishore Brahmbhatt, Vishwanand Swami of Chhatardiwala Ashram, Hansa Shrigol from Hindu Jagran Manch (HJM), Nadiad unit president of HJM Ketan Patel, Vadodara unit president of HJM Niraj Jain, Dharmendrasinh Rathod, Kalpesh Pandit, Ashok Khalasi.
Councillor Raju Rana, former councillor Mangoo Shah, Rita Rana, a resident of Gandhrak Wado Balram Pandit and a resident of Gavara area Parthiv Patel have also been booked for the offence.
In another FIR, three accused including one Viraj Patel, Jignesh Chunara and Ishwar Macchi have been booked along with a mob of around 500 others for targeting houses in Mochiwad area of Khambhat on Tuesday afternoon.
According to the complaint registered, the BJP leaders and members of the HJM had called for a bandh on Tuesday and around 6,000 people had attended the public gathering at the Gavara tower area where inciting speeches were made. The report states that the cops had stopped the leaders from delivering their speeches and asked the crowd to disperse.
Divya Mishra, Superintendent of Police, Kheda had said that the exact reason of the clash was unknown and that they had rounded up 46 people in relation with the matter.
MoS Home Pradipsinh Jadeja at a press conference said that there were many reasons including “different food and tradition” that could have led to the clashes and that such incidents are happening due to changing demography.
Khambhat’s Akbarpura area had witnessed similar riots on January 24, again between the Muslim and Chunara communities that had left 15 cops injured and an elderly man dead due to the firing. Over 50 persons had been arrested then after 10 houses and shops were set ablaze and several vehicles left vandalized.
Khambhat was also an area that witnessed violence during the Gujarat riots in 2002 when 27 incidents of communal violence took place there starting February 28, 2002.
The death toll in Delhi touched 35 on Thursday afternoon after the government failed to curb the spread of mob violence in Delhi’s North East district. Reports of arson and destruction of property have only increased with homes and shops torched in many neighbourhoods.
But the shocker emerged when crates full of large stones as well as petrol bombs were found on the terrace of a property belonging to Aam Aadmi Party councilor Tahir Hussain.
While, Hussain insists that he had to flea the spot fearing a threat to his life, and that the weapons may have been placed there to frame him, police behaviour in the case is rather curious; first, they failed to cordon off the area, second news reporters were allowed to access the spot and even touch the contraband thereby contaminating evidence.
Hussain has been in the regime’s crosshairs ever since he was accused of killing Ankit Sharma, a 26 year old who was working as a security assistant with the Intelligence Bureau. His body was recovered from a drain in Jafrabad. It is alleged that he was lynched by a mob at the Chand Bagh bridge on Tuesday.
Meanwhile, Delhi Chief Minister Arvind Kejriwal held a high-level meeting where deputy CM Manish Sisodia and Minsiter Kailash Gahlot were present. The Delhi government has decided to provide relief materials to affected neighbourhoods.
Meanwhile a Congress delegation led by Sonia Gandhi and Dr Manmohan Singh met President Ramnath Kovind and handed him a memorandum with a list of demands, the chief among which is the removal of Home Minister Amit Shah.
It is clear that shoot-at-sight orders issued against rioters have failed to check the spread of violence proving once again that peace can never be achieved through violent means.
Amid the stories of gruesome violence and disruption of communal harmony coming in from the national capital New Delhi, it is heartening to see stories of hope too coming through, disrupting the narrative of intolerance and hate.
The good people at the heart of the violence have come out to help their anxious and fearful fellow citizens showing utmost respect for all religions and supporting each other through this trying time brought about by anti-minority elements.
Respect for all faiths: Saving the Holy Quran
After vandalizing a mosque in Ashok Nagar, a man, allegedly from a fringe Hindutva group climbed atop its minaret and hoisted a flag dedicated to Lord Hanuman on it. The burnt pages of the Holy Quran that were strewn on the road post the damage, were then collected by members of both, the Hindu and Muslim communities.
Hindus and Muslims collecting burnt pages of Quran outside the Masjid that was vandalized in Ashok Nagar, Delhi yesterday.
At Chand Bagh, one of the worst affected areas in the violence, Muslim residents formed a human chain around a temple to save it from any damage.
Saleem (67) told the Indian Express, “It would have been shameful for us if the temple would have been damaged.”
Tabassum (30), another resident said, “We have ensured that nothing happens to the temple. We also ensured that no damage happens to the shops of our Hindu brothers.”
Some rays of hope: Delhi: Chand Bagh Muslims protect temple by forming human chain https://t.co/0qBtVEzjHW
In Maujpur too, members of the Muslim faith protected a temple in the area and stood guard in the area so that nobody could escalate violence in the area.
In Shiv Vihar, when a Hindutva mob ran amok to assault the minorities, a Hindu protected Asif and his family, reported Maktoob Media. For two days, the Hindu family offered shelter and have also suffered attacks once the Hindutva mob got to know of it saving the Muslims. Yet, unity and peace prevailed.
Escorting the fearful to safety
A group of Hindu men also helped Muslim women and other elders to move away from the centre of the violence safely. An elderly Muslim man who was attending a wedding in Gonda with his two grandsons which stood cancelled due to the violence there, was safely escorted out of the area by the group of Hindu youth who said that they didn’t believe in the Hindu – Muslim narrative and that they were all Indians and human beings first who were meant to protect each other from harm.
Ronak Chhabra, a journalist with Newsclick who was covering the incident, was attacked by a minority mob who were troubled by the media coverage they had been receiving. Thinking that Ronak was one of the journalists who belonged to the pro-government channels, they attacked him. Ronak heard them say, “They won’t show how the saffron flag bearers rampaged through our lanes.” “We don’t trust the media…”
However, he was saved by the same community that hurt him. He was rescued by two men, Faizan and Shoeb (name changed) who rescued him and assured him that he was safe. They told Ronak who was drenched in blood, “Nothing will happen to you. We will get you treatment.”
The men ensured that Ronak was taken to a clinic and treated for the head injury he had sustained. Shoeb, a compunder, treated him for his wounds while Faizan, a pharmacist called informed Ronak’s family and friends about his condition.
Faizan said, “We have been protesting since more than a month in a peaceful manner. We don’t want violence. We just wanted our voices to be heard.”
Protecting each other’s homes
At Indira Vihar, there are only 8 Hindu families live among 3,200 Muslim families. Amid the violence, three Muslim men sat guard at a Hindu temple to ensure no harm came to it. Not just that, the Muslims members helped the Hindus by changing the name plates of their homes, by either covering them up or writing Muslim names on it.
Delhi riots: How outsiders were kept at bay in this ‘island of peace’
In Mustafabad, a Muslim neighbour saved a Hindu resident from a violent mob. “Yehi sab the hamare sang,” said an elderly Hindu lady about the members of the minority community who ensured the safety of the area.
Hindu, Muslim Bhai Bhai!
People from the two communities also took out a Unity March pledging that they wouldn’t let the atmosphere of their area get affected or influenced by hatred.
Don’t wait for the Govt, Don’t wait for the Police, They are part of the problem.
We must take out peace & unity march like this in each & every corner of East Delhi. Show them we are ONE. Hindu-Muslim Ekta Zindabad. Hindustan Zindabad! pic.twitter.com/ybPukUhaiG
Chants of ‘Hindu Muslim Sikh Isai’ reverberated in narrow gullies as the communities got together to share a laugh and ease anxiousness during this tense atmosphere.
And as proven before that there is no better medium of unity than food, the two communities erupted in laughter as a Hindu brother said, “Biryani tum khilao, halwa hum khilayenge.”
“Biryani tum khilao halwa hum khilainge” people from different communities joined together to show unity in diversity amid communal violence in parts of Delhi. pic.twitter.com/ObYR5SSiUT
The Sikh community has opened its doors to Muslim families who have reportedly started leaving their homes out of the fear for their lives. The Majnu Tila Gurudwara has offered shelter to Muslims who have now been forced to leave the area. Other Gurudwaras too came forward to provide shelter to those who were in need of refuge, shelter and food.
Another heart rending story comes of Seelampur, one of the worst hit areas of the violence. There, the Dalit community blocked routes leading to Muslim localities and stood guard to prevent the entry of rioters in the area.
Activists too have come forward, making support groups and launching helplines for all those who are in need of ration and those who are anxious for their safety.
Since medical facilities are critical, we share the names of hospitals and doctors therein. Please send a DM for more details and we will get back. pic.twitter.com/oTdB7S7YZt
The most heart-wrenching story was of Premkant Baghel who literally jumped into fire to save his Muslim brothers and sisters after their house was set on fire by rioters. Premkant had already saved six people of the family, but his friend’s mother was still in the house. Premkant suffered burn injuries as he tried to save her. Because the Shiv Vihar area was in the midst of the violence, Premkant couldn’t avail an ambulance and suffered at home. His family members were not sure if he would survive the night. He was then taken to GTB Hospital the next morning where his condition is critical.
Both, Hindus and Muslims, have suffered indiscriminate horror during this violence. Reporters speaking to people at the epicentre have shown that people say it is the ‘common man’ who lost their lives and livelihoods.
While the police and the politicians did not step up to do their duty, it was the public who suffered the ‘targeted’ violence.
However, the examples of humans stepping beyond the deep religious divide only instil more hope in us that no matter how bad the situation, there will always be good people who will stand up for love over hatred.
The Allahabad HC on Monday directed the Chief Secretary Govt. of Uttar Pradesh to provide suitable compensation to 6 students who were grievously injured by the U.P. Police’s brutal and inhumane action upon the protesting students of Aligarh Muslim University on December 14 and 15, 2019.
The Court has acted promptly and so has the NHRC in conducting an enquiry and ordering relief, what has gone missing however, is accountability and punitive action against the erring personnel and those giving them orders.
The NHRC was directed by the HC on January 7, 2020, to initiate an inquiry into the matter. While the bench comprising Chief Justice Govind Mathur and Justice Vivek Varma observed that the NHRC was not a party to the writ petition filed by Adv. Mohd. Aman Khan(a practicing advocate of Allahabad HC and a former student of AMU ), it opined that it was best for the NHRC to look into the matter since it was already inquiring into a similar matter concerning excesses of Delhi Police upon the protesting students of Jamia Milia Islamia University, New Delhi.
In pursuance of the directions given by the HC on January 7, 2020, an inquiry was conducted by a six members team of National Human Rights Commission. The report submitted by the team has been accepted by the Commission. A copy of the report along with order of proceedings was sent to the HC by the Registrar (Law) of the National Human Rights Commission.
The Bench accepted the recommendations of NHRC in toto and ordered compliance reports to be filed by the next hearing fixed on March 25, 2020.
The recommendations made by the Commission are as under:
“Upon consideration of the facts discussed above, the Hon’ble Commission may be recommended to consider the following:
Directing the Chief Secretary Govt. of Uttar Pradesh to provide suitable compensation to the six students who have been grievously injured commensurate with their injuries, on humanitarian grounds.
Directing the DGP-Uttar Pradesh to identify the policemen (both district police and PAC), as seen in CCTV footages involved in stray incidents of damaging motorcycles and unnecessarily caning the apprehended students which has no bearing on the task of controlling law and order. A suitable action may also be taken against them as per rules and provisions that exist for subordinate officers in UP Police. The police force should be sensitized and special training modules be carried out to inculcate professionalism in handling such situations.
Similar directions as in point (b) above may also be given to the Director General, CRPF for RAF. RAF being a specialized force primarily set up to deal with riots and handle law and order situations, should show utmost professionalism in such crisis situations while at the same time, respecting the human rights of civilians also.
Directing DGP of UP, to ensure that the SIT set up vide his order dated 06/01/2020 investigates all the related cases on merits and in a time bound manner. The Hon’ble court may also like to set the time limit and periodic review, if any, for the completion of investigations on time.
The DGP UP and Senior Officers are also advised to improve and set up a robust intelligence gathering system. Special steps may be taken to counter rumour mongering and circulation of distorted and false news especially on the social media. This is to better control such law and order incidents which occur spontaneously and unexpectedly.
To direct the AMU-Vice Chancellor, Registrar and other authorities to establish a mechanism of better communication with the students’ fraternity so that they are not influenced by outsiders and rusticated unruly students. They should take up all confidence building measures to rebuild the trust of students so that such incidents do not occur in future.”
The approach taken by the HC in the present case may provide namesake relief to the injured students, however, the need of the hour is policing the UP police and the State Government which ordered the Rapid Action Force to carry out what clearly appears to be a brutal lathi charge, rubber bullet and pellet firing upon the protesting students.
The contingent of police reportedly forcefully entered different parts of the Universityincluding library, hostels, classrooms, offices, etc. and brutally behavedwith students, consequent to that several students suffered serious injuries. The police officials reportedly, intentionally assaulted the students and alsovandalized the vehicles parked in the University campus near library. Thestudents in a big number were detained at different places by the Stateagencies and no medical aid was provided to them. The detained students were also alleged to be brutally tortured. On December 16, 2019, theRegistrar of the University issued notices to all the students to vacate thehostels though no reason was there to do so.
In its January 7, order, the HC observes that “Sri Colin Gonsalves, learned Senior Advocate while referring the observations made by the Supreme Court Extra Judicial ExecutionVictim Families Association and another Vs. Union of India and othersreported in 2017 (8) SCC 417 states that the inquiry or investigation bythe National Human Rights Commission is of civil nature and that too isnot an effective measure to bring the culprits of doing wrong to board.According to him, looking to the facts of the case, it would be appropriateto constitute a Special Investigating Team to investigate the entire matter.He has suggested names of three former Officer of Uttar Pradesh Police tobe nominated as member of the SIT.”
Even then, the HC preferred that an inquiry be done by the NHRC, which cannot initiate criminal action against the Police Personnel at fault. Also, the quantum of damages to be paid to the petitioner according to the NHRC recommendations to the HC are to be decided by the ‘Chief Secretary Govt. of Uttar Pradesh’. The rationale behind having the government itself decide the quantum of damages to be paid to those injured by its own doing seems unclear. Further, the compensation is to be paid on ‘humanitarian grounds’, which gives the impression of a charitable act on the side of the government, instead of being a punitive action for the offences unleashed by its officers.
Although the Court has accepted the recommendation of the NHRC to direct the DGP-Uttar Pradeshto constitute a Special Investigating Team to investigate the officers ‘involved in stray incidents of damaging motorcycles and unnecessarily caning the apprehended students which has no bearing on the task of controlling law and order’ and the same for the RAF as well, it would have been a welcome relief if the SIT could be constituted in a more independent method, and perhaps the names of former U.P. police officers recommended by Senior Counsel for the Petitioner could be considered for the same.
While 23 people in U.P. have died from bullet wounds at the hands of the UP Police, no personnel of the armed police has suffered any major injuries. This striking fact was put up by the Chief Justice to the Attorney General, when an argument was that the protesting students were violent and carried arms. The Police reportedly burned down a Hostel, thrashed over 100 students who sustained injuries, 3 of them are in critical condition, and 2 students had to have their arms amputated.
Independent fact finding reports on the incident prepared by NGO Human Rights Law Network (HRLN) and the jury of the People’s Tribunal on State Action in UP (Karwan e Mohabbat), ascertain that the police used rabid communal slurs against the protesters. The HRLN’s Report notes that “The entire incident is a shocking display of police brutality and impunity in the face of peaceful democratic protests by AMU students. The police actions seem not only brutal but also vindictive motivated by a desire to ‘show students their place’.
All witnesses we spoke to recalled the police was hurling insults and abuses of a rabidly communal nature at the students and the university at large. These communal abuses were being shouted even before they lathi-charged the protest, and only intensified as they moved further into the university, targeting individual students with their lathis, tear gas shells, rubber bullets and pellets.
At the first instance, it seems clear that the large scale violence carried out by the police and RAF forces was excessive, brutal and completely disproportionate to the stated objective of breaking up a protest. And the culpability for this large scale violence against peaceful students lies with the police and RAF as well as the university administration which allowed them in.”
The Court has acted promptly and so has the NHRC in conducting an enquiry and ordering relief, what has gone missing however, is accountability and punitive action against the erring personnel and those giving them orders.
The excesses of the UP Police and the Delhi Police against peaceful protesters and students should not be covered up in piece-meal relief orders of compensation. It is time that the Courts rap the knuckles of those in the Executive responsible for high handed actions upon the dissenting members of the public.
Image Courtesy: newslaundry.com
