assam police firing | SabrangIndia

Assam police firing: State says acted in self defence as crowd attacked with lathis, bricks

Fri, 10 Dec 2021 07:15:43 +0000

Sheikh Farid, a resident of Kirakara village of the Dhalpur region, would not have lost his life at the tender age of 12 had the police handled the situation professionally and with due diligence and care. In October, CJP helped Farid’s family file a petition before the Gauhati High Court seeking compensation from the state for the unlawful manner in which the police fired at civilians at an incident that took place in Gorukhuti village, located near the boy’s village that falls in the Sipajhar Circle of Darrang district. The state has now filed a response that they acted because the crowd turned violent and were attacking the police with ‘deadly weapons’ like lathis, bricks, bamboo sticks and spears.

One of the most gut-wrenching images from the September 23 police firing on evicted families in Assam, was that of an unconscious Farid. He had gone to the post office to collect his friend’s Aadhaar card, never to return. The petition asserts that Farid’s death was “caused by an act of use of force in excess of what was required inasmuch as assuming but not admitting that there was some mob violence the indiscriminate use of firearms when the area is a busy one, where women and children also reside and pass by ought to have been avoided.”

The petition points out that as per section 129 of the Code of Criminal procedure (CrPC) the police are to use civil force to disperse an assembly and under section 130, it is stipulated that “a police officer while seeking to disperse any assembly shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.”

Further, even under the Indian Penal Code (IPC) section 99, a public servant cannot act in defence unless there is apprehension of death or grievous hurt. The petition also points out various provisions of the Assam Police Manual which prescribes how to deal with assemblies and when firearms can be used.

State’s response

In the Sheikh Farid matter (WP(C) 5534/2021) the State has filed an affidavit in response through Additional Superintendent of Police, Darrang, Rupam Phukan. In this affidavit it is stated that on September 22 they had received a letter from circle officer, Sipajhar seeking sufficient force to conduct eviction drive smoothly at no. 2 and no. 3 Dhalpur for evicting more than 618 families. Accordingly they prepared a comprehensive Land Order cum Security Plan for conducting the drive and additional forces of other DEFs and Assam Police Battalions were requisitioned.

He then explains the process followed for the eviction drive stating that the area was divided into 4 operational zones. As per his version, the drive was going on peacefully at zone nos. 1,2 and 4 but at zone 3, about 2,000 to 2,500 encroachers gathered making a ‘bow formation’ and started shouting slogans against the government and obstructing the police on duty and also obstructed the JCB and tractors.

When some senior official including Phukan, Deputy Commissioner reached the spot they held discussions with the encroachers and assured them that their demands will be met within the ambit of the Deputy Commissioner but they became unruly so the Executive Magistrate directed the crowd to disperse and declared them unlawful assembly.

It is submitted that around 1.30 P.M the encroachers attacked the Executive Magistrate and the police personnel with ‘deadly weapons’ like lathi, bamboo sticks, broken bricks, dao (machete), spear, broken bricks, hence police used tear gas shells and resorted to mild lathi charge as pe the Magistrate’s orders, “but they became more aggressive and started pelting stones, bricks etc.” due to which 8 police personnel sustained injuries. Thereafter the police used rubber bullets, plastic clusters and ballistic cartridges to disperse the ‘encroachers’. Then the mob became more violent and attacked police from all sides, thus police fired in the air and then resorted to control firing by aiming below the knee.

It is submitted that the encroachers themselves set fire to their dwellings, jute crops, hayricks and then fled. The police then took their injured men and the ‘one encroacher’ for treatment but the ‘encroacher’, identified as Moinul Haque, did not survive.

It is stated that FIR was filed by a relative of deceased Sheikh Farid and necessary communication has been made to hand over the case to CID. Also a Magisterial enquiry has been ordered into the death of civilians due to police firing.

The state’s response may be read here:

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CJP aids families of victims of Assam Police firing move HC

Wed, 03 Nov 2021 05:49:42 +0000

The terrifying images from Assam’s eviction drive that escalated into brute action by the Assam Police who opened fire upon innocent civilians on September 23, 2021 in Dhalpur, must continue to haunt many. Hundreds of families were rendered homeless amidst a punishing monsoon and a raging Covid-19 pandemic with just a few hours’ notice sent over Whatsapp the previous midnight. When they protested, the response was bullets!

Since then, there has been an increase in incidents of injustice, both hate crimes and institutional violence, against the Bengali speaking Muslim minority in the north eastern state. Therefore, it has become even more pertinent to raise our voices to ensure that the impunity of any officer, who may have acted illegally and in bad faith, does not go un-punished in accordance with the law.

In CJP’s endeavour to bring justice to those rendered homeless in Assam during the eviction and to those who lost their family members to the police firing and brute action, we have filed two separate writ petitions in the Gauhati High Court:

one in the matter of the death of 12 year old Sheikh Farid who fell victim to indiscriminate police firing at the eviction site, and,
another in the incident where a farmer, Maynal Haque, whose house was being forcefully demolished, was shot down by the police.

One of the most gut-wrenching images from the September 23 police firing on evicted families in Assam, was that of an unconscious Farid. He had gone to the post office to collect his friend’s Aadhaar card, never to return. Also, in a video that was doing the rounds on social media showed extremely disturbing visuals of an agitated Haque running in self-defense with a stick, and being beaten up by a handful police officials and after he was visibly lifeless. In fact, thereafter, a photographer, covering the incident started stomping over the defenseless body.

The High Court has issued notice to the state government of Assam on the first petition (Sheikh Farid) October 25 and on the writ petition of the second victim (Maynal Haque) on November 1. The next hearing for both is scheduled for December 1.

In both petitions, the family members of the victims are the petitioners, hoping that some justice is delivered to them. While Farid’s family lost a young child, Haque’s family lost the breadwinner leaving his not only three young children without a father, and a grieving widow, but also elderly parents.

Petition for Sheikh Farid

Sheikh Farid, a resident of Kirakara village of the Dhalpur region, would not have “lost his life at the tender age of 12 had the police force handled the situation professionally and with due diligence and care. The area where the incident took place is a busy area and resident of the petitioners’ village have to travel through the said area to reach their part of village. As such the police force ought to have been better equipped and prepared to deal with any situation to cope with the situation to avoid any loss of human lives,” the petition states.

The petition asserts that Farid’s death was “caused by an act of use of force in excess of what was required inasmuch as assuming but not admitting that there was some mob violence the indiscriminate use of firearms when the area is a busy one, where women and children also reside and pass by ought to have been avoided.”

The petition seeks compensation for the family of Farid who came to know of his death in a video that was circulating on social media and disturbing images of his blood-soaked body doing the rounds.

Petition for Maynal Haque

Maynal Haque and his family had been residing in No 3 Dhalpur village since more than four decades after their previous home was washed away due to erosion of River Brahmaputra. Haque who died in the police firing was a farmer and has left behind his wife and three minor children.

In the wee hours of September 23, Haque and his family were made aware that some residents of the village were served eviction notices, while he had not received any. By 10 A.M that day, people from the District Administration along with a large force of police personnel came to the village asking residents to vacate their homes. At this point all residents gathered peacefully requesting the authorities to give them some time and to rehabilitate them. Naturally, at the thought of being left homeless, they were anxious and the officials did not grant them enough time to collect their belongings and instead started demolishing the houses forcefully. In this tense environment, the police used tear gas shells on the residents and started firing in the air.

Haque was shot as he took up a stick to defend himself against the police and even thereafter, his lifeless body was assaulted by the police, and a photographer, covering the incident, mercilessly stomped over Haque’s body.

The petition points out that the police were not accompanied with any water cannons or any other restrained measures of crown control. The police had other means to overpower a person like Haque who was merely yielding a stick, much less a bullet on chest of the victim. The petition highlights that Haque’s killing is not only an instance of excessive use of force but in fact is an act of police brutality and cold-blooded murder in broad day light.

The petition underscores that the law is settled, that even trespassers cannot be evicted from any land without following the due process of law, which was, however, violated by use of brute force of the state police machinery in a period when people are beleaguered by the Covid-19 pandemic.

Both petitions point out that as per section 129 of the Code of Criminal procedure (CrPC) the police are to use civil force to disperse an assembly and under section 130, it is stipulated that “a police officer while seeking to disperse any assembly shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.”

Also, international conventions such as Basic Principles on the Use of Force and Firearms by Law Enforcement Officials states that firearms should be used only in self-defence or defence of others against the imminent threat of death or serious injury.

Finally, in both cases, right to life under Article 21 of both the victims was violated and the deaths were caused in clear violation of the accepted norms and standard under the various laws and also the norms accepted under the international standards.

The two complete petitions may be read here:

The court orders may be read here:

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Finally, FIRs filed in Dhalpur firing death cases

Sat, 09 Oct 2021 06:05:47 +0000

In what could be seen as some relief to the families of victims of the police firing that took place on September 23 at Gorukhuti village that falls under the Sipajhar Circle of Dhalpur in the Darrang district of Assam, police have now filed First Information Reports (FIRs) in the cases of Mainul Haque and Sheikh Farid.

The FIRs have been registered under Sections 302 (murder) and 34 (criminal act done by several persons in furtherance of a common intention), based on complaints filed by Mainul Haque’s brother Ainuddin, and Sheikh Farid’s brother Amir Ali.

What is shocking is that the FIRs were filed a fortnight after the actual attack. They were killed on September 23 after personnel of the Assam Police opened fire on Gorukhuti villagers who were protesting their forced eviction and trying to protect whatever limited belongings they had managed to salvage before their huts were demolished. But what was truly shocking was that Sheikh Farid was only 12-years-old and wasn’t even protesting; he was walking back from an Aadhaar centre nearby when police shot him dead.

The evictions, that have full backing of Assam Chief Minister Himanta Biswa Sarma, who has openly supported the district administration and commended their efforts at conducting the evictions that have been taking place over the last few months, amidst not only a heavy monsoon in the flood-prone riverine region, but also during a raging Covid-19 pandemic. All evicted families have been left to the mercy of the elements. Meanwhile, Sushanta Biswa Sarma, the Superintendent of Police of Darrang, the district where the incident took place, is the Chief Minister’s brother. Several political parties as well as civil society and human rights groups have been demanding that both brothers either resign or be removed from their posts.

It is therefore, noteworthy, that it was the sustained campaign for justice by all these groups including CJP that led to the FIRs being filed in the matters of Mainul Haque and Sheikh Farid’s cases. Some pressure was also built after the Gauhati High Court demanded answers from the state government.

On Thursday, the Gauhati HC directed the Assam government to file a detailed affidavit on the events of September 23. This was in connection with a Public Interest Litigation (PIL) filed by Congress leader Debabrata Saikia who is the Leader of the Opposition in the Assam Legislative Assembly. A bench comprising Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia asked the state government to file the affidavit within three weeks. The court was deeply disturbed by how there was blood spilled and observed “Zameen par khoon gira (blood was spilled on the soil).”

Senior counsel Chander Uday Singh, who was representing Saikia, argued that the videos of the death of Mainul Haque made it clear that he had already been subdued by the Assam Police but he was still shot at when he was on the ground. The case will be heard next on November 3.

Assam Police Firing: 12-year-old shot dead while returning home from Aadhaar centre!

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Assam Police Firing: Farmers and workers unions demand justice for victims and survivors

Tue, 05 Oct 2021 11:33:08 +0000

Image: https://www.facebook.com/KisanSabha.org

Newer allies are emerging everyday for families affected by forced eviction and police firing in Dhalpur, Assam. This week, a team comprising All India Kisan Sabha (AIKS) Joint Secretary and Central Committee Member of CPI-M Dr Vijoo Krishnan, All India Agricultural Workers Union (AIAWU) Joint Secretary and Rajya Sabha MP Dr V Sivadasan, All India Lawyers Union (AILU) President and Rajya Sabha MP Bikash Ranjan Bhattacharya, Assam Krishak Sabha President Gajen Barman, Treasurer Masaddar Hussein, A.R.Sikdar, Assam AILU Secretary and others visited the region.

Two people, including a 12-year-old boy, had been gunned down in cold blood on September 23, 2021, when Assam police opened fire on a group of families that had been forcibly evicted from their homes. Nearly 200 families, all belonging to the Bengali-speaking Muslim community, were evicted from their homes in Gorukhuti village of the Dhalpur region of Darrant district of Assam on September 20. On September 23, when the families that had been left to the mercy of the elements began protesting the eviction, police opened fire on them. One of the victims was a young boy who was on his way back from the local Aadhaar centre and wasn’t even a part of the protests.

In a press statement released on Tuesday, they announced that monetary assistance was provided to affected parties by the team. “A lakh each was given on behalf of AIKS to the families of the deceased. Some assistance was given to the injured people too,” said the team. Reiterating that the affected families are tax-paying citizens, they said, “While the Assam BJP Government is now claiming these farmers are illegal encroachers they have all relevant documents, have been paying taxes, government schools, anganwadis and ration shops have been built to cater to their needs.”

Further addressing the regime’s divisive agenda, they said, “There seems to be a sinister attempt to create communal polarisation in the region as specifically lands being cultivated by Muslim farmers have been targeted. In other parts tribal people are also being evicted. This is part of a larger conspiracy to hand over farmers’ land to corporate companies. All sections of farmers will resist it peacefully in an united manner.”

They further criticized how the evicton was carried out in an inhuman and illegal manner, leaving familes shelterless. “No proper notice was given and some received notice after demolition of their houses. Their houses have been totally destroyed. Four places of worship are also reported to have been demolished. They are forced to live in makeshift shelters and with onset of rain as well as forthcoming winter, their life is tortuous. Living in extremely inhospitable conditions, without proper sanitation facilities, the threat of the Pandemic as well as other communicable diseases looms large,” said the team.

In light of their visit and findings, the team has listed the following demands:

1. A judicial enquiry by a sitting judge of the Guwahati High Court

2.Dismissal of police authorities responsible for the killings

3. Immediate rehabilitation, guaranteeing of their land rights as well as right to cultivate.

4. Compensation of 25 lakh to families of those killed and 5 lakh to the injured.

5. Free ration with food grains and essential commodities for at least 6 months.

6. Provision of houses to all families.

7. Restarting of Schools, Anganwadis and Primary Health Centres

The team also promised further action saying, “The issue will be raised with the National Human Rights Commission, President of India and legal assistance will be provided to the victims.”

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Assam Police Firing: Fourth consecutive day without evictions in Dhalpur

Mon, 27 Sep 2021 12:50:22 +0000

As the nation’s peasants, workers, and members of trade and students’ unions came together to hold a nationwide strike or Bharat Bandh protesting the various anti-people laws of the regime, they also expressed solidarity with families that were first forced out of their homes and then shot at by Assam Police last Thursday.

Farmers’ organisations participating in the Bharat Bandh in Assam, such as Asom Sramik Union, Jharkhandi Adibashi Sangram Parishad, Asom Khetiok Sanstha and many others as well as political parties led by the CPI (ML) Liberation, demanded justice for the evicted families, and action against errant officials.

It is noteworthy that on Saturday, a large number of organisations including Bangla Nagarik Mancha, Jatiya Bangla Sanmelan, Bangla Sanskritik Mancha, Ekusher Daak, Jay Bhim India Network, All India Students Association, Bandimukti Committee, Sara Bharat Pragatishil Mahila Samiti, Biplabi Yuba Association, All India People Forum, People Front of India, Sahamon, Bhasa o Chetana Samiti, Pashchimbanga Ganasanskriti Parisad, Friends of Democracy, and many other had held a huge protest outside Assam Bhavan in demanding the resignation of Assam Chief Minister Himanta Biswa Sarma and action against his brother Sushanta Biswa Sarma, who is also the Superintendent of Police of Darrang district where the shooting took place.

Forced to play on the backfoot, the state government then tried to change the conversation to peddle its own version of events. Nur Haque, who is the regional president of Sipajhar Anchalik wing of the All Assam Minorities Students Union (AAMSU) told SabrangIndia that two people – his brother Asmot Ali, who is the former president of Baznapathar Gaon Panchayat and Chand Mahmud, who is the President of the Sanuwa Gaon Panchayat – were called last night by the police on the pretext of holding a discussion about the Dhalpur incident. But as soon as they reached the police station, they were arrested by the police. The actions of the police follow from the Chief Minister’s allegations that influential “outsiders” had instigated the evicted families to attack the police personnel precising over the demolition of their huts.

Assam Chief Minister had famously claimed after the shooting, that “10,000 people had gathered and attacked the police personnel present on the spot with sharp weapons, forcing them to fire in self-defence.” However, a fact-finding investigation by members of CPI (ML) Liberation found that the evicted families were armed with nothing but sticks and were thus no match against the police’s fire power. Moreover, not TV news crew was on the spot to cover the demolitions, which is why there is no photographic or videographic proof of these “10,000 people”. Moreover, the few videos shot by people present on the spot only corroborate the findings of the CPI (ML) Liberation team.

The only non-traumatic outcome of the September 23 tragedy has been that evictions have come to a grinding halt in the region. No one has been thrown out of their homes, not have any huts been demolished in Dhalpur in the last four days. However, those who are already displaced are forced to find shelter under makeshift tents and tin sheds, amidst the heavy monsoon rain in a flood-prone riverine region of Assam, not to mention the raging Covid-19 pandemic.

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