Front Line Defenders (FLD), an organization working with the aim of protecting human rights defenders, said, has expressed serious concerns about the ongoing harassment and intimidation of Zafarul Islam Khan. According to a statmend issued by the FLD, it believes that allegations of “funding terrorism” are baseless and have been construed to intimidate those working on human rights and advocating against religious extremism in Kashmir. The recent National Investigation Agency (NIA) raids on Zafarul Islam Khan it stated, “appear to be aimed at silencing and punishing” him and other human rights defenders for “speaking out on human rights and minority issues in India.”

Khan, a well known journalist, Islamic scholar, and former chairperson of the Delhi Minorities Commission was raided on October 29, by the NIA. The NIA conducted the raid on his residence, which is also his home-office and the office of the social organisation ‘Charity Alliance’ headed by him. The raid was the a part of a series of raids carried out by the NIA on October 28 and 29, at homes and offices of several human rights defenders, journalists, academics, and aid organisations related to alleged funding of terrorism in Kashmir.

The FLD recalled that Zafarul Islam Khan as the current Chairperson of the Charity Alliance, an organisation that provides education, relief, development and welfare programmes for minorities in India, has always worked extensively on defending minority rights, including those of Muslims, Sikhs, Christians, Jains and Parsis. “The 72-year-old human rights defender is a respected scholar and intellectual and has been vocal against all forms of extremism, including in his own community,” stated the FLD. Khan has always been among the first to speak out against right wing extremism and violence against minorities in India. It added that the “report produced by the DMC on the Delhi riots, clearly implicates far right wing elements, and state collusion in the violence that took place in February 2020. His work, especially as former-Chairperson of the DMC, has made him a direct target for the State and extremist groups.”

The statement recalled how, at around 7 AM on October 29, 2020, “NIA officers scaled the exterior wall of Zafarul Islam Khan’s compound and entered his residence in Dehli. No physical search order or warrant was produced, although the defender was shown what officers purported to be a search order on an NIA officer’s mobile phone. The order stated that the office premises of Charity Alliance was to be searched, having been linked to terrorist militants in Kashmir. The officers ordered the defender and his family members to hand over their mobile phones, and searched the bedrooms and residence on the first floor of the building. Around two hours later, the office of Charity Alliance, located on the ground floor was also searched. Items seized from the residence and the office include documents, laptops, hard drives of desktop computers, cash from the residence, and mobile devices.” After the raid ended at around 11 AM, Khan’s  son was asked to “accompany the officers to Shaheen Bagh police station to fill out a seizure memo, where he remained until 7 PM.”

This is not the first time that Khan has been “targeted by Indian authorities for his work,” stated FLD, recalling how on May 6 2020, “Delhi police entered his home and attempted to arrest him in relation to a post he had made to social media, which the police claimed was seditious. The 72-year-old defender was granted anticipatory bail in this case by the Delhi High Court in July 2020, considering his age, risks posed by COVID-19 to prisoners, and because police had completed their inquiries into his case.”

The Front Line Defenders have urged the authorities to: “Immediately cease all further intimidation and harassment of Zafarul Islam Khan, and return the items seized from him, as it believes that the raid was carried out to intimidate him for his legitimate work in defence of human rights.”

That FLD has asked that the authorities “guarantee in all circumstances that all human rights defenders in India are able to carry out their legitimate human rights activities without fear of reprisals and free from all restrictions.”

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The post Stop raids against, police harassment of Dr. Zafarul Islam Khan: Front Line Defenders appeared first on SabrangIndia.

The National Investigation Agency (NIA) is continuing its nation-wide search operation for the second day today.  The raids today, October 29 are being conducted at nine locations, two in Delhi, the rest in Srinagar.

In Delhi the property of former Delhi Minority Commission chief Zafarul-Islam Khan is being raided by the National Investigation Agency (NIA), in a terror funding case it is probing reported NDTV. Khan is the founding editor of the newspaper Milli Gazette and chairman of Charity Alliance, one of the six non-profits that are under the NIA scanner now. The NGOs raided by the NIA are Falah-e-Aam Trust, Charity Alliance, Human Welfare Foundation, JK Yateem Foundation, Salvation Movement, and J&K Voice of Victims. The Charity Alliance and Human Welfare Foundation are based in Delhi, while the rest are based in Jammu and Kashmir’s Srinagar, stated the news report.

Yesterday, October 28, the NIA team conducted raids at multiple places, including properties belonging to human rights defenders, NGOs, and even a media house in Srinagar, in connection with a ‘terror funding’ probe. The NIA raided the office of popular daily Greater Kashmir, as well as the home of well known human rights activist Khurram Parvez, coordinator J&K Coalition of civil society, and journalist Parvez Bukhari. The NIA had also raided a location in Bangalore, Karnataka.

According to news reports the NIA suspects that some non-profits are “raising funds in India and abroad for carrying out separatist activity in Jammu and Kashmir.” The  NDTV report states that according to its sources, “several incriminating documents and electronic devices have been seized.” Though the NIA has not made public any details as the investigation is still on. The NIA teams have not shared any details after yesterday’s raids it conducted at the homes and offices of Khurram Parvez, coordinator of J&K Coalition of Civil Society; his associates Parvez Ahmad Bukhari, Parveena Ahanger, chairperson of Association of Parents of Disappeared Persons, NGO Athrout, and the Greater Kailash Trust; Parvez Ahmad Matta and Bengaluru-based associate Swati Sheshadri.

Parveena Ahanger, Chairperson of Association of Parents of Disappeared Persons (APDPK) issued a statement after the raised at the APDP premises. She  put on record that the October 28 raid began in the morning and lasted till around 3.30 PM. The raid was conducted by “a team of officers from the NIA, CID and JK Police,” who were  accompanied by CRPF officers. She stated that she, and her associates were taken from “home to the APDP office by the team and security personnel” and were present in the office during the raid. “All information and material sought by the raiding team was provided to them. The team examined all documents relating to APDP’s work. They subsequently seized several documents and some electronic devices,” stated Praveena Ahanagar adding her mobile phones were also seized.

She has raised concerns over “misuse of sensitive information, including names and addresses of victims present in documents seized from APDP and apprehension of reprisal against victims of human rights violations”.

The APDP stated that it is an organisation of and for family members of victims of enforced disappearances, it has “documented and recorded testimonies of victims and victim- families who have been subjected to human rights violations by security forces in Kashmir. More than 1000 testimonies of enforced disappearances, about 400 testimonies of pellet gun injuries, about 300-400 testimonies of arbitrary detention and torture and some cases of sexual violence have been documented by APDP and have been submitted to various United Nations special procedures, and Human Rights Organisations. As recently as September 2020, almost 40 testimonies of arbitrary detention and torture that took place in 2019-2020 were submitted to the Working Group on Arbitrary Detention and the Special Rapporteur on Torture.”

According to the statement, “documents and devices seized by the NIA team contain details of the names, identities and incidents of human rights abuses by security personnel. There is a grave apprehension that the same may be accessed by other agencies, and/or lead to adverse consequences and reprisal against victims and families who have testified and are pursuing justice.”

The APDP states that it “neither receives foriegn funding, nor engages in any illegal activities. The raid conducted by the NIA has no basis, and only exposes the State’s desperation to deter APDP from pursuing justice for hundreds of victims of human rights violations committed by State actors in Kashmir.”

The statement may be read here:

Meanwhile, Peoples Democratic Party (PDP) president and ex-Chief Minister Mehbooba Mufti posted that the PDP office in Srinagar was sealed by J&K admin, and “workers arrested for organising a peaceful protest… Is this your definition of ‘normalcy’ that’s being showcased in the world?” 

PDP office in Srinagar sealed by J&K admin & workers arrested for organising a peaceful protest. A similar protest was allowed in Jammu so why was it thwarted here? Is this your definition of ‘normalcy’ thats being showcased in the world? @PMOIndia @HMOIndia @manojsinha_ pic.twitter.com/j9Y5L5WTyQ

— Mehbooba Mufti (@MehboobaMufti) October 29, 2020

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The Anticipatory Bail application of Dr. Zafarul Islam Khan, the Chairman of the Delhi Minorities Commission has been admitted in the Delhi High Court and is scheduled for hearing on May 12. He has been arrested on charges of sedition and for promoting enmity for his ‘provocative’ statements on social media. His arrest has been largely condemned by activists across the country. Activists have said that Dr Khan is being targeted by  “politicians with ulterior motives and news channel anchors known for spreading bigotry and Islamophobia” who have,  “mischievously sought to misinterpret his statement and ridiculously label him as anti-Hindu and anti-India.”

About Dr. Khan

Chairman of the Delhi Minorities Commission, Dr Zafarul Islam Khan (72), is a world renowned scholar, journalist and civil rights activist. He was also one of the first to speak up against the crimes against humanity committed by ISIS, as well as Boko Haram. As a globally acclaimed expert on Islamic studies and the Arab world, his opinions and analysis of issues concerning, emanating from the community are much sought after.

Dr Khan’s name is the latest, and he is certainly the oldest, and the only one holding a Constitutional post, on the list of Muslims to have been charged under Indian Penal Code sections 124 A (sedition) and other criminal sections.

About the case

On April 28, Dr. Khan had written a post on social media appreciating Kuwait for standing in solidarity with Indian Muslims. In this post, while acknowledging the international community’s support, Dr. Khan has emphatically stated that Indian Muslims do not seek or require external help in India thus taking a firm stand of non-interference in India’s internal affairs.

https://www.facebook.com/khan.zafarul/posts/2642208149383417

This message was then maliciously distorted and falsely broadcasted by certain sections of electronic media. Whereafter, an FIR was lodged against Dr. Khan for this post on social under charges of sedition and for promoting enmity. On May 6, after sunset, he was visited by a police team from Special Cell and Cyber Cell and asked him to accompany them for questioning. The law as per section 160 CrPC mandates that the police cannot compel attendance of a person above 65 years age at any place other than their residence for the purpose of investigation and interrogation. Hence, Dr. Khan insisted that he is ready to cooperate with the investigation and they can question him at his residence but the police did not do so.

Dr. Khan’s Anticipatory Bail Application, filed by his lawyer Vrinda Grover states that “the complaints against the Petitioner have been filed with obtuse motive and malafide is evidenced by the use of social media to attract publicity to the complaints and persons who filed them. There are reports of further complaints filed against the Petitioner for his social media post dated 28.04.2020, and persons have taken to social media to declare that they have filed complaints with the police for registration of further FIRs against the Petitioner.”

Calling the complaint “misconceived”, the application states that the FIR was made on “misrepresentation of facts and an erroneous, untenable reading of the law”. It further states that the complaint has been filed “with a mala fide intention to harass and intimidate” Dr. Khan.

The bail application has been filed under section 438 [Direction for grant of bail to person apprehending arrest] read with section 482 [Saving of inherent powers of High Court] of the Criminal Procedure Code (CrPC) apprehending arrest in the case and also points out to the statutory protection bestowed upon Dr. Khan being a public servant, under the Delhi Minorities Commission Act. Section 14 of the Act provides that, “No civil, criminal or other legal proceedings shall lie against the Chairperson, Members or officers performing functions under this Act, or under authority of the Commission, in respect of anything which is done in good faith or intended to be done in pursuance of this Act by or under the authority of the Commission.”

The charge of sedition

The application further points to the Supreme Court’s interpretation of the offence of sedition. In Common Cause vs Union of India (2016 SCC Online SC 903), the court categorically stated ““the authorities while dealing with offences under Section 124A of the India Penal Code shall be guided by the principles laid down by the Constitution Bench in Kedar Nath Singh vs State of Bihar (1962 Suppl. 3 SCR 769). In this case, the Hon’ble Supreme Court upheld the constitutionality of Section 124A IPC by narrowly and strictly construing the ingredients of the offence. The Hon’ble Court held,

“…the section has taken care to indicate clearly that strong words used to express disapprobation of the measures of Government with a view to their improvement or alteration by lawful means would not come within the section. Similarly, comments, however strongly worded, expressing disapprobation of actions of the Government, without exciting those feelings which generate the inclination to cause public disorder by acts of violence, would not be penal. In other words, disloyalty to Government established by law is not the same thing as commenting in strong terms upon the measures or acts of Government, or its agencies, so as to ameliorate the condition of the people or to secure the cancellation or alteration of those acts or measures by lawful means, that is to say, without exciting those feelings of enmity and disloyalty which imply excitement to public disorder or the use of violence…..Viewed in that light, we have no hesitation in so construing the provisions of the sections impugned in these cases as to limit their application to acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence”

The application further states that Dr. Khan’s post highlighted the plight of the minority population which had been targeted by certain elements in society, and further acknowledged the role of the international fraternity in raising concerns regarding the wellbeing of Indian Muslims. Viewed as a whole, the statement does not allude to any tendency, leave alone incitement, of violence against the government or any section of the population.

Dismissing the charge of promotion of enmity under section 153A of IPC, the application states the offence  requires promotion of feeling of hatred or ill-will “between different” religious or racial or linguistic or regional groups. Dr. Khan’s post, however, only refers to “Hindutva bigots”, which is not a religious group or community, but instead refers in this context to persons on social media posting hate speech and propagating communal disharmony.

The Application finally states that as a public spirited individual and a distinguished member of the Muslim Community and since no case is made out against him, no coercive action should be taken against Dr. Khan and he should be immediately released on bail in case of arrest.

The Anticipatory Bail application can be read here

Related:

“I am a patriot to the core and I have always defended my country abroad:”  Dr Zafarul-Islam Khan Chairman, Delhi Minorities Commission
Public Statement in Solidarity with Dr Zafarul Islam Khan
Accusing Dr Zafarul Islam Khan of sedition, is an attempt to intimidate: Activists

The post Dr. Zafarul Islam files for anticipatory bail, hearing on May 12 appeared first on SabrangIndia.

Delhi Minorities Commission chairman, Dr Zafarul-Islam Khan has written a sternly worded letter to the Commissioner of Police, Delhi, alerting him to a video, where a self-organised group of residents is talking about ‘banning’ Muslims from entering their neighbourhood.

“We will not let any Muslim enter our lanes,” a man, who is also shooting the video on his phone can be heard saying. He is a part of a group of men sitting in a tight circle on a public road that runs through their colony of Shastri Nagar. The group is specially checking each vendor as they pass by, asking their names, seeking Aadhaar cards, and warning the ones they suspect of being Muslim against entering the colony. The video, posted on Facebook has also asked everyone else in the city to follow them and not allow Muslims to enter their neighbourhoods. “Request you all not to let any Musalmaan enter your lanes. Ask their names, and if he is a Musalmaan chase them away. They are spreading a mess,” says the man.

He then starts harassing an innocent vendor passing by demanding that he returns with his identification papers the next day, “else we will not let you enter this lane, understood?” The scared vendor identifies himself as a Yadav and is told to bring his Aadhaar card as proof. Another is told to get lost from the neighbourhood and also return with an Aadhaar card. “Else do not come here, you will get beaten with sticks otherwise,” threatens the man making the hate video. He proudly shares how he “caught” a vendor who called himself Misra, but “turned out to be Muhhamed Imran. We beat him up and chased him away” he repeats his ‘request’ that others follow his violent example. 

Shot in Shastri Nagar, New Delhi 110052, perhaps on or around April 5, it is clearly a hate video which calls for violence against Muslims, in addition to being an obvious one for socio-economic boycott of Muslim vendors. This hate video from the Delhi locality is the latest dangerous sign of a Khap panchayat style group generating hate between communities and talking about a private army style ‘patrolling and punishment’. Their aim seems to be to target workers and vendors. That they chose to have this ‘meeting’ openly on a public road, during a lockdown speaks of the level of ‘confidence’ they seem to enjoy. 

Dr Khan has taken a firm stand against such behaviour and asked Delhi Police to take action. “The gathering in the video attracts action under IPC Sections 120B (criminal conspiracy), 153 (provocation with intent to cause riot), 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language etc) and 153B (imputations, assertions prejudicial to national-integration),” writes Dr Khan in his letter to the commissioner.

He has asked the Delhi Police Commissioner to order, “appropriate action against this group to punish them for what they are doing, and planning and also to send a message to others that such criminal activity will not be tolerated. The police have been asked to file a report on the matter to the DMC within a week. 

According to Dr Khan, swift action on this issue is crucial.  “They should be suitably punished for what they are planning and are also giving an instant example when they stop two fruit/vegetable vendors from entering their colony and threaten them of dire consequences if they enter without their Aadhaar cards to show that they are not Muslims. No one has the right to stop others from using public roads and public spaces.”

He added that the men sitting together for this meeting had also violated lockdown ordered by the Prime Minister. “The people seen in the meeting are also in violation of Section 51 of the Disaster Management Act for holding this meeting as it is in violation of the current lockdown order.” 

The video has been seen by many on social media platforms

 https://archive.org/details/shashtri-vihar-delhi-5apr2020

Hello @DelhiPolice , this video is from Shastri Nagar.

Local residents have decided that they won’t allow any Muslim into their premises.

They will seek identity cards of visitors to check their religion.

This happening in India when world fighting #COVID19Pandemic . pic.twitter.com/Cq6pHclqPR

— Md Asif Khan‏‎‎‎‎‎‎ آصِف (@imMAK02) April 5, 2020

Dr Khan has also emailed the video to the Police Commissioner.

He also raised the issue of the lack of response from DCP North East when the commission had written about the situation in an area which was yet to recover from the anti-Muslim pogrom when the Coronavirus pandemic broke, and a national lockdown followed. “We refer to our earlier communications via email (due to the current lockdown) during the last few days to you as well as to the DCP North East for which we have received no reply or even acknowledgements so far. This is a very serious matter and amounts to contempt of a statutory body with quasi-judicial powers which functions as a civil court as per law,” he writes.

Copies of this letter have also been sent to the Lt. Governor and Chief Minister of Delhi. 

Related:

Chaos caused by sudden lockdown, Delhi Minorities Commission writes to Police:NCR
Communal forces using Covid-19 as fodder to target minorities?

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