In some disturbing news coming out of Gujarat, the state general secretary of the National Students Union of India (NSUI), a students union affiliated with the INC, has alleged custodial torture by the police. Jubair Pathan had been taken into custody on Saturday April 27 after allegations of threatening to throw acid on a woman student union leader.
As was widely reported by the local media, Saloni Mishra, the Vice President of the student union of the Maharaja Sayajirao University (MSU), had alleged that Pathan had threatened her with an acid attack. But Pathan says the allegations are false and are were made in the aftermath of his altercation with some Akhil Bharatiya Vidyarthi Parishad (ABVP) members at the MSU on April 26.
According to Pathan, the altercation took place between Pathan’s friends and the ABVP members at 3:30 pm and the FIR was filed against him at 4:30 pm. According to the FIR that may be viewed below, Pathan and seven others are accused of offences under IPC sections 143 (Unlawful Assembly), 147 (Rioting), 149 (offence committed in prosecution of common object), 294 (KH) (Obscene acts or songs) and 506 (2) (Criminal Intimidation).
Advocate Aijaz Memon, who is representing Pathan says, “Pathan was produced before a judge on April 27, but as none of the sections attracted the requirement of custody, Pathan got bail.” But he was once again asked to present himself at the Sayagunj Police Station under section 151 (Assembly of five or more persons after being asked to disperse). Memon said, “He was told he will be produced before an Executive Magistrate but that didn’t happen. Instead two members of the Gujarat Crime Branch turned up and took Pathan away on a bike to the crime branch where they physically assaulted him, humiliated him and recorded a video where he confessed to being a goonda. He was forced to make this confession at gun-point and this video was made viral on social media.”
But when his health deteriorated severely, he was taken to the SSG Hospital and kept in the emergency ward. Speaking to media persons after being brought to the hospital on April 29, Pathan said, “It was picked up from the Sayaji Police Station by two Crime Branch men and taken into a closed room at the Crime Branch. There I was beaten and asked to produce a passport. They accused me of being a terrorist. Then they forced me at gun point to confess that I was a goonda and like harassing women.”
Now, the police have booked him afresh on charges under the Prevention of Anti-Social Activities Act (PASA). SG Solanki, PI Sayagunj Police Station confirmed this. “Yes, we have booked him under PASA and he has been sent to Bhuj,” said Solanki.
Memon says, “Pathan was picked up from the hospital and is now being taken to Bhuj. We will challenge the PASA charges in court because none of the sections applied against him can be considered under PASA. Also, we have asked for CCTV footage of the altercation at the MSU so that we can prove no acid attack threat was ever made. Finally, we will also apply for a lie detector test.”