A bench comprising Justices BR Gavai and K Vinod Chandran ruled that while the Tehseen Poonawalla judgment remains binding on all authorities under Article 141 of the Constitution, it was not feasible for the Supreme Court to micro-monitor compliance across various states and union territories. The Court stated that any aggrieved individuals could seek remedies in accordance with the law by approaching competent courts, including jurisdictional High Courts.

The bench addressed multiple prayers in the petition:

1. Enforcement of Tehseen Poonawalla guidelines – The Court reiterated that the 2018 judgment was binding, and in cases of non-compliance, affected persons could take legal recourse.
2. Uniform compensation for victims – The Court rejected the request for a fixed minimum compensation for victims of mob lynching, stating that compensation should be determined on a case-by-case basis depending on the nature and severity of injuries.
3. Challenge to state enactments empowering private vigilantes – The petition contested the validity of 13 state enactments or notifications that purportedly granted powers to private individuals and organisations to check cattle smuggling and related activities. The Supreme Court directed that such legal challenges should be raised before the respective jurisdictional High Courts.

Legal arguments and state response

During the hearing, Advocate Nizam Pasha, representing NFIW, argued that despite the Supreme Court’s directives, there was rampant non-compliance by state authorities, leading to an unchecked rise in cow vigilantism. He emphasised instances where law enforcement agencies failed to take action against vigilantes, and in some cases, filed FIRs against the victims instead of the perpetrators.

Solicitor General Tushar Mehta, representing the Union government, countered that mob lynching had been officially recognised as a separate offence under the Bharatiya Nyaya Sanhita (BNS), India’s new criminal law framework. He maintained that state governments and law enforcement agencies were responsible for handling individual cases and that filing repeated petitions for compliance was unnecessary.

Previous proceedings and state compliance issues

The PIL had been pending since 2023, during which the Supreme Court had issued a warning to five states—Assam, Chhattisgarh, Telangana, Maharashtra, and Bihar—over their failure to submit counter-affidavits regarding compliance with the Tehseen Poonawalla guidelines. The Court had earlier directed that these states file their responses through their Chief Secretaries, failing which, the officials would be required to appear in person to explain their inaction.

Although the states eventually filed their affidavits, the Supreme Court noted persistent non-compliance and observed that enforcing adherence across different states from Delhi was impractical. The Court reaffirmed that affected parties should seek relief at appropriate legal forums.

Specific cases highlighted in the petition

The PIL cited multiple incidents of mob lynching and violence targeting minorities, particularly Muslims, under the guise of cow protection. Among the cases mentioned were:

• The lynching of a truck driver named Jaharuddin in Bihar’s Saran district on suspicion of transporting beef.
• An attack by members of Bajrang Dal on a Muslim daily wage earner transporting two cows.
• The violent assault and illegal detention of two Muslim men by a mob in Bhubaneswar, Odisha.
• The attack on a bus carrying Hajj pilgrims in Kota, Rajasthan.

The petition alleged that such incidents were fuelled by false propaganda against minorities, spread through social media, news channels, public events, and films. It further argued that the state machinery had failed to take meaningful action against vigilante groups, emboldening them to continue perpetrating violence.

Conclusion

While disposing of the PIL, the Supreme Court underscored that its Tehseen Poonawalla judgment must be followed and that non-compliance could be challenged through legal channels. However, it refused to undertake micro-monitoring of incidents across states, stating that affected parties should seek recourse through appropriate judicial forums. The ruling reaffirms the binding nature of Supreme Court guidelines but leaves enforcement largely in the hands of state authorities and lower courts.

This decision raises concerns about the effectiveness of judicial directives in preventing mob violence and ensuring accountability, particularly in cases where state authorities have failed to act. The debate over cow vigilantism and mob lynching remains a significant human rights issue, with civil society organisations continuing to push for stronger enforcement and accountability mechanisms.

Related:

2024: July and August see surge in cow vigilantism with brutal assaults, raids based on rumours and targeting of Muslims while legal consequences for perpetrators missing

Cow Vigilantism: The primary cause of persecution of Muslim minority in India

India: The new Lynchdom

The post Supreme Court disposes of PIL on cow vigilantism, declines micro-monitoring of state compliance appeared first on SabrangIndia.

Background

Migrant Worker Lynched in Charkhi Dadri, Haryana

On August 27, the migrant worker from West Bengal, 26-year-old Sabir Malik, working as a scrap dealer lynched by cow-vigilantes over suspicion of eating beef. While the incident took place at a village bus stand in Charkhi Dadri on August 27. It was reported that another migrant from Assam was also injured in this incident, brutally beaten by members of ‘cow vigilant groups’ in Haryana. Sabir is survived by his wife and two-year-old daughter.

On August 27, a group of young men came to Sabir’s shop, a scrap dealer living in a slum area near Badhra village, and took Sabir to the local bus stand claiming that they had some scrap to dispose. The accused also called another migrant, Assam native Aseeruddin, to the bus stand and allegedly beat up the duo there. When passers-by intervened, they took the two to some other location on their motorcycles. Sabir was later found dead near a canal in Bhandwa village. Aseeruddin was found dumped at another location and is currently under treatment in hospital, reported The Hindu.

All accused are associated with the ‘Gau Raksha Dal’. However, on September 1 (Sunday), police have arrested eight accused in this incident, associated in the murder of Sabir. The police increased security in the area to prevent unrest or any untoward incident. The arrested individuals are identified as Abhishek, Ravinder, Mohit, Kamaljeet, and Sahil and others.

According to Hindustan Times, Badhra deputy superintendent of police (DSP) Bharat Bhushan the incident occurred on August 27 when cow vigilantes received information that a group of migrant workers from Assam, residing in Hansawas village, were suspected of consuming beef. They visited the area to investigate the matter.

“Sabir was also staying in the same village. During inspection, meat was found in utensils, which was sent to a laboratory to confirm if it was beef. Hours later, these youths called Sabir and his aide Aseeruddin to a shop in Badhra on the pretext of selling empty plastic bottles and started thrashing them. While Aseeruddin managed to flee, the accused took Malik to the nearby Bhandwa village and assaulted him again, as a result of which he died,” DSP Bhushan said.

The video of the incident has gone viral on social media where a mob can be seen beating two migrants’ workers with sticks on allegation of eating beef.

People revere cows, who can stop them: Haryana CM Saini

Haryana Chief Minister, Nayab Singh Sain while reacting to the incident said that there is no compromise on it as strict law has been passed by the Haryana Assembly on cow protection. He said that “It is not the right thing to say things like mob lynching as a strict law has been passed by the Haryana Assembly for cow protection. There is no compromise on it, such incidents shouldn’t happen and these are unfortunate.”  CM Saini stated that people in Haryana revere cows and if they sense any untoward situation.

While condemning the tragic incident of lynching, Saini said that people should not to get involved in such incidents. The CM further added that it’s not right to label such incidents as ‘mob lynching’, reported The Tribune.

However, Nuh Congress MLA Aftab Ahmed criticized the BJP rule-Haryana government over the incident and said that “There is nothing called law and order in Haryana. Anti-social element, goons and criminal are moving freely under the garb of cow protection and vigilantes.”

19-yr-old shot dead by cow vigilantes after 30-km car chase in Haryana

On August 24, a Class 12th student, identified as Aryan Mishra was shot dead in Haryana’s Faridabad after being suspicious of a cattle smuggler. The Victim, Aryan Mishra was chased for around 30 kilometres by a five-member group of “Gau Raksha Dal” before being killed him. All of the accused were subsequently arrested by the Faridabad Police.

As report in the Indian Express, on the night of August 23, 19-year-old Aryan went out with his friends Harshit and Shanky in an SUV for a meal. The gang, identified as cow vigilantes, during investigation told police that they had received information about cattle smugglers and mistakenly believed Aryan and his friends were involved. Faridabad Police arrested suspects Anil Kaushik, Varun, Krishna, Adesh, and Saurav in this matter.

Aryan was killed because cow vigilante assumed he was Muslim

It was reported that Aryan Mishra was killed by the group because they believed Aryan was a Muslim, his mother has expressed sorrow and confusion. Aryan’s mother Uma Mishra while reacting on the question of the reason behind Aryan’s killing, she said “The accused mistook him as a Muslim and killed him. Why? Aren’t Muslims human?

Aryan’s mother further questioned that “Why do you need to kill Muslims?”

Link:

She is the mother of #AryanMishra, who was shot dead by #Hindutva extremists in #Faridabad, #Haryana.

She said her son was shot because he was mistaken for a #Muslim.

“Aren’t #Muslims our brothers? Why would they kill a Muslim? Who gave them the authority to kill a Muslim?” She… pic.twitter.com/eLueoN813t

— Hate Detector (@HateDetectors) September 4, 2024

Newslaundry reported that the Faridabad Police has rejected this theory of mistaken identity. ACP Aman Yadav insisted the incident merely a “claim of the media: and said that “the motive behind the murder has not yet been revealed”.

Accused Anil Kaushik said wanted a life like Monu Manesar

In a report by The Tribune, Anil Kaushik (38), the main accused in the killing of Aryan Mishra revealed during the police interrogation that he has always wanted a life like Monu Manesar (serial hate offender and accused of multiple mob lynching in Haryana and Rajasthan).

“Kaushik always wanted to be like Monu Manesar. He had tried many times to enter the core Bajrang Dal or Gau Raksha groups but was not taken seriously by them. He made his own Live for Nation Sangathan, a Faridabad cow vigilante group. Kaushik wanted social media following like Manesar and believed that if he managed to get one Bollywood-style chase and catch a cattle smuggler, he would make it. Kaushik would often get himself clicked with guns,” said one of his close associates now being probed by the Faridabad police.

However, multiple videos and photos circulated on social media revealing Kaushik’s nexus with Monu Manesar and his associates.

Rahul Gandhi criticized the BJP government over violence against Muslims

While highlighting the recent mob lynching and assault incidents, Leader of Opposition and Congress MP Rahul Gandhi has targeted the BJP government by posting on X regarding mob lynching. He said that such miscreants have been given a free hand in the BJP government.

He wrote on social media platform X that “Those who have climbed the ladder of power by using hatred as a political weapon are continuously establishing the rule of fear in the country. The hateful elements hiding in the form of the mob are openly spreading violence, challenging the rule of law. These miscreants have got a free hand from the BJP government, that is why they have developed the courage to do so.”

He further added that “there are continuous attacks on minorities, especially Muslims, and the government machinery is watching as a mute spectator. The authority of the law should be established by taking the strictest action against such anarchist elements. Any attack on the communal unity of India and the rights of Indians is an attack on the Constitution, which we will not tolerate at all. No matter how much the BJP tries – we will win this historic battle to unite India against hatred at any cost.”

नफ़रत को राजनीतिक हथियार बनाकर सत्ता की सीढ़ी चढ़ने वाले देश भर में लगातार भय का राज स्थापित कर रहे हैं।

भीड़ की शक्ल में छिपे हुए नफरती तत्व कानून के राज को चुनौती देते हुए खुलेआम हिंसा फैला रहे हैं।

भाजपा सरकार से इन उपद्रवियों को खुली छूट मिली हुई है, इसीलिए उनमें ऐसा कर… pic.twitter.com/WDadyNn1Mt

— Rahul Gandhi (@RahulGandhi) September 1, 2024

Self-claimed cow vigilante and killing of innocents in Haryana

Haryana has witnessed yet another gruesome incident of mob lynching, highlighting the state’s alarming rise in vigilantism and police inaction. The incident underscores the failure of Haryana’s law enforcement agencies to prevent such atrocities. Critics point to the police’s tardy response and alleged collusion with extortion gangs, such as the notorious Monu Manser gang, which has been linked to several lynching incidents, the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015, cited only as a justification for violence and cover up of the incidents in state committed by self-proclaimed ‘Gau Rakshak’.

Related:

Mob Lynching in 2020: Misleading Exception than a Norm

Remembering 15-Year-Old Junaid A Year After He Was Lynched

The Idea Of India in the times of Mob Lynchings

The post Haryana Horror: Migrant worker lynched and teenager fatally shot amid rising violence appeared first on SabrangIndia.

’Indian tradition’ and ‘culture’ sits too comfortably with discrimination based on caste, class, gender, physical ability, geography, language, and increasingly, religion. These discriminations go well with the backdrop of the lethal weapon wielding angry ‘hero’ who perform macabre acts of violence and vandalism, legitimised and sanitised by labels such as rakshak and kanwariya. This cosy alliance is further sanctioned and emboldened by an immoral State and a degenerate media. The other eager participants are the health system, the police and judiciary who have better relationships with the murderers than with innocent citizens. The entire structure is such that lynching is inevitable rather than unexpected.

On March 31 2023, Idrees Pasha was brutally murdered in Ramnagara, Karnataka just a few metres from the Sathanur police station by Puneeth Kerehalli, who, according to the media, was the ‘President of the Rashtra Rakshana Pade’- labels that set the stage to project murderers as extra-judicial heroes and the murdered as having violated social norms and laws. Pasha’s arm showed marks of electrocution and his body of bruising, but autopsy downplayed these, in what is an oft recurring pattern, to claim that he died of ‘cardiac arrest’. According to the media, Kerehalli was known for livestreaming his ‘cow rescuing missions’. “In videos, Kerehalli is purportedly seen carrying a baseball bat and a stun gun while intercepting vehicles carrying cattle.” Indian Express (6 April 2023).

A mob lynching is an extrajudicial, violent act in which a crowd of people or a mob, under the pretext of administering justice without trial, execute a presumed offender, often after inflicting torture and corporal mutilation, demonstrating extreme disrespect for human life. It is perpetrated by a collective upon individuals who serve as representatives of another collective.

Some of the factors that set the stage for mob lynching are

Rationalising discrimination.

Caste-based discrimination propagates the belief that certain communities are meant to be treated inferiorly and that they cannot expect similar rights. Hierarchy is ‘normal’ for Indian society, and, in fact, anything that has the potential to change this status quo is perceived as a threat. The intuitive response to someone of another collective being abused, harassed or discriminated, is to presume that he or she must have done something wrong to ‘deserve’ that punishment. There is a mental checklist which many of us have as a reference point for those ‘crimes’ that deserve extreme punishments – those that break artificially created  diktats around touch, food, marriage, relationships, friendships, aspirations drawn and defined by caste, class, gender and religion among others.

This collective is often a group of strangers who are drawn together and behave like a single entity when key triggers are activated. There is cohesiveness in what this collective perceives are its own victimhood and threats versus the individual representing another collective that has been painted as the other and the enemy. There are members of the aggressive collective who enact the violence, there are those who rationalise and justify it, there are others who offer impunity, and another large majority that stays silent. The mob functions on factors such as anonymity, suggestibility, contagion, collective identity, impunity and deindividualization. In the last, an individual loses personal moral restraint and reasoning.

‘Moral disengagement frequently entails treating the victims as less than human beings, dehumanizing them – allows for disassociation from the moral ramifications of harming another human being’

Rezwanul Haque, 2024.

Valorising extra-judicial killings

Whether it is by the police, by an action hero on cinema or by a mob, there are some ‘crimes’ for which we feel due process of the judicial system is too slow, ineffective or inadequate. The ‘heros’ or rakshaks who vandalise, murder, mutilate, torture etc. become vicarious atonement for what is perceived as systemic failures to curb ‘offenders’. For a society steeped in a discriminatory mind-set, whether people are, in fact, offenders or not, gradually becomes irrelevant. Markers such as their religion or caste or tribe becomes sufficient ground to murder them.

People who engage in these most brutal, inhuman and pathological acts often use euphemistic language such as Jai Shree Ram as a form of moral disengagement. It should, in fact, make every practicing Hindu’s blood crawl to see the name of Ram becoming analogous with these acts.

A recent report by Delhi-based NGO Common Cause and the Centre for the Study of Developing Societies (CSDS) mentioned that, “35% of police personnel interviewed for the survey think it is natural for a mob to punish the “culprit” in cases of cow slaughter, and 43% think it is natural for a mob to punish someone accused of rape.”

“Police surveillance itself may also be more frequently directed against socio-economically vulnerable groups such as Dalits, Adivasis, and religious minorities due to the larger structure of discrimination and criminalisation of these communities within the police system.”

Status of Policing in India Report 2023: Surveillance and the Question of Privacy

Thus it is not at all surprising that in many States of the country, there is a shifting of burden of proof on victims and consequently a presumption of guilt, which leads to FIRs being registered against them with words such as smuggling, terrorist, thief, illegal etc. being associated with the victims. Murderers are labelled as rakshaks !!

Impact on targeted individuals and communities

Targeted acts of violence and discrimination can have devastating, irreversible and long term impact on individuals and communities. The message that goes out to the victim’s community is that they are the ‘other’ and of lesser social value; that their identity can be the sole reason for one group as a collective to target another group as individuals and that this will be done with the complicity of media, political parties, elected representatives, the police, the judiciary, informal leaders and religious leaders.

Those who have survived, witnessed (virtually or in reality) or even escaped from a mob attack can experience several short and long term physical, psychological, social  and economic effects, with one contributing to or leading to the other.

Physical injuries can be fatal either immediately or subsequently. Physical trauma can lead to blood clots (hematomas), internal bleeds into vital organs, fractures, organ rupture, lacerations, and contusions. Injuries to the head can lead to fractures and bleeds into the brain which can lead to loss of consciousness, death and other cognitive and neurological damage – both temporary and permanent. Head injuries can progress to loss of vision, loss of hearing and focal seizures.

Trauma to the chest can fracture ribs leading to lung and heart injuries causing collection of air, fluid, blood in these organs. Major arteries can be damaged. Abdominal trauma can damage the spleen, liver, kidneys, intestines and reproductive organs. The liver being fragile can bleed excessively which is often very difficult to control. Injury to the kidney can cause blood in the urine and later, possible acute kidney failure. Intestinal injuries can cause obstruction and severe infections (peritonitis/sepsis). The pathological mind-set of the abusers can be identified by their gleeful stripping of their victims and inflicting injuries on their genital areas. Injuries to the pelvic area can cause pelvic fracture, damage to major blood vessels, rupture of the urinary bladder and genital tract injuries. Major surgical interventions maybe required to control the bleeding and salvage vital organs.

Even if a person survives a lynching attempt, they can subsequently suffer from sepsis, obstructions, embolisms, haemorrhage, multi-organ failure etc. Those who do survive can have long term consequences requiring prolonged hospital intervention, medical/surgical support and pain management. This can lead to inability or difficulty in continuing to work/earn and economic catastrophe for the affected families. Chronic stress, reduced sleep and appetite can make people more vulnerable to infections, lowered immunity, hypertension, diabetes, ulcers, depression, heart disease etc.

The psychological impact of attempted lynching by an angry mob can lead a person to develop long lasting psychological damage –post traumatic stress disorder, depression, excessive rage, panic attacks, suicidal thoughts and even suicidal attempts. Feelings of isolation, rage, distrust, fear, helplessness, anger, anxiety, hopelessness can occur. Depression can manifest as feelings of despair, disinterest in usual activities, sleep disturbances etc. Communities and individuals who are targeted, often for no reason other than their identity, can gradually or drastically reduce their access to public spaces, reducing their opportunities for enjoyment, social interaction, celebration and community participation. The start shrinking within a larger society to avoid being visible. We have yet to fully comprehend and address generations of caste-based discrimination which has pushed entire communities to the periphery and creating structural barriers to accessing even basic rights such as education, food, shelter, public spaces, healthcare etc. Religion is now rapidly becoming the political and social tool for similar practices.

Post-traumatic stress disorder (PTSD) is not very well documented in India, but could definitely be a diagnosis in many people who have survived or witnessed a violent attack by a mob. They can have intrusive and vivid thoughts that cause them to relive the incident even years after its occurrence, interfering with day to day functioning, with avoidance of social or even intimate interactions, detachment, emotional numbness with exaggerated responses, irritability, hypervigilance, extreme startle reactions etc. Substance abuse can become a way of handling the chronic and intense stress.

Each act of lynching is a public spectacle that sends out a message to the community that the mob belongs to that they can carry out similar acts with impunity against a ‘common enemy’ as an act of heroism and nationalism, becoming simultaneously law makers and implementers of these vicious diktats.

In most of these crimes, the larger society can participate, enable, collude, silently observe, rationalise, justify, glorify, valorise, reward, offer protection and impunity etc. Those who pride themselves on being animal lovers, climate activists, environmentalists, vegetarians, vegans etc. should seriously explore how their positions enable and legitimise these acts of violence.

Very often the spotlight is on the imagined transgressions of the victims themselves. The human rights violators are often rewarded with bails, garlands, positions of power. This sends out a disappointing message to society. According to Haque, witnessing lynching can have severe psychological and societal impact, with erosion of social cohesion and trust in the legal system. In India, the erosion of trust encompasses elected representatives, media, judiciary, police, health system and religious leaders. There is even erosion of trust in ones colleagues, neighbours and other acquaintances.

Effect on society

The effect on a community that is consistently targeted cannot be undermined or overstated. It leads to loss of feeling of belonging to a community, alienation, a strong sense of betrayal and discrimination. Young people can respond to this in several ways. They may hesitate to form close relationships, may be fearful of public spaces and may have inordinate fear of strangers and new places. Families of targeted communities can become extremely protective of each other, leading to reduced opportunities for economic progress and social interactions. Community members can become ‘paranoid’ and this is not without a reason leading to increased aggression in an attempt to control other family members to keep them ‘safe’.  Even a routine train journey can become fatal event.

Mob lynchings have serious and complex repercussions that affect not just the victims and their relatives, but the entire community by feeding a cycle of violence, mistrust, fear and terror. There is often irrevocable damage to social cohesive factors such as compassion, inclusion, diversity, kindness etc.

Shukla explains how mob violence may be a form of pathological normalcy – unhealthy behaviours, which appear so commonly in society that they are considered the norm.

‘Pathological normalcy can also be understood as pathological processes that become so socially widespread that they lose their individual character and come to be regarded as common and acceptable. Disturbed or unhealthy behaviour – such as display of irrational hatred, or support of violence – becomes very common, and such persons find much to share with many other individuals having a similarly unhealthy mentality. In this situation of an unhealthy herd mentality, the fully sane and objective person may find themselves in a relative minority and may even feel isolated.’

India is thus in a state where the pathological is normal. This is a dangerous stage for the country to be. It sets the base for barbaric acts of violence layered on deep rooted prejudices and misconceptions. We need to unravel our thought processes and cull out every of our thoughts, words and actions that lend complicity and normalcy to these inhuman and macabre acts that are performed for us every day.

(This article arose out of a panel discussion organised by Bahutva Karnataka that can be viewed here https://bahutvakarnataka.wordpress.com/2024/07/22/lynchings-in-india-a-national-shame/) 

Disclaimer: The views expressed here are the author’s personal views, and do not necessarily represent the views of Sabrangindia.

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In a strongly worded judgement delivered by the Delhi High Court Justice Anup Bhambhani on July 23, the court minced no words as it questioned the investigation done by the Delhi Police and ordered the transfer of the case to the Central Bureau of Investigation (CBI) citing tardy and sketchy conduct of the former. In a case relating to the death of one Faizan, the victim of 2020 Delhi violence, who was beaten by a mob dressed in police uniform and later alleged to have been tortured in police custody at Jyoti Nagar police station, the case now stands transferred out of the Special Investigation Team (SIT) appointed by the Delhi Police, and has been handed over to the CBI for further investigation and prompt action. The petition was filed by the mother of the deceased, Kismatun, and was argued by advocate Vrinda Grover for the petitioner.

Notably, Faizan had succumbed to his injuries on the intervening night of February 26 and 27, 2020 while being treated at Lok Nayak Hospital in New Delhi. An FIR (No. 75/2020) was registered against his death at Bhajanpura Police Station on February 28, 2020 under sections 147, 148, 149 and 302 of the Indian Penal Code (IPC) against unknown persons. Furthermore, while the FIR was registered on February 28, the Crime Branch took the statement of her mother almost 3 weeks later, on March 18. The case became sensational in the backdrop of 2020 Delhi Violence after a video went viral on the social media, in which a group of men dressed in police uniform could be been beating Faizan with their batons and forcing him sing National Anthem even as they questioned his patriotism.

The High Court observed that “the Crime Branch of Delhi Police examined the petitioner for the first time only on 18.03.2020. More than 4½ years have elapsed since. However, not even one of the policemen involved in the abuse and assault has been conclusively identified in the course of the investigation so far. The perpetrators of the crime are therefore still at large, though they are all members of the police force in Delhi.”

Facts of the case

Faizan, a 23-year-old young man, had left his home on February 24, 2020 to search for his mother, Kismatun, who had been protesting along with other women against the controversial Citizenship Amendment Act (CAA). When his mother retuned back home, she did not find Faizan around, and in the meantime, the communal violence had broken out in their area. Later, it was learnt that Faizan along with other Muslim men had been beaten and dumped near the street by the police forces who forced them to sing National Anthem (though the prosecution version alleged that they had rescued Faizan as he was injured due to stone pelting when the riots broke out in the area). Subsequently, the police personnel from Jyoti Nagar police station took the men, along with Faizan, to GTB hospital for medico-legal check-up (incidentally, the men were under the jurisdiction of Bhajanpura Police Station when they were taken away by the Jyoti Nagar police personnel).

While at GTB hospital, Faizan received basic medical aid, including stitches on his head and ear, and was referred by the hospital for a further specialised medical treatment. His mother alleged that on the same day, i.e., 24.02.2020, upon receiving the information that Faizan had been at GTB hospital, they visited the hospital at 8PM but were informed that the police had taken back the men to Jyoti Nagar police station after ensuring basic medical treatment. What happened to Faizan at the police station is a matter of dispute, with the petitioner alleging that Faizan had been tortured at the station by men in uniform even while denying him urgent special medical treatment as was recommended by GTB hospital due to which his son succumbed to his injuries later on. The police version claimed that Faizan had voluntarily stayed at the station as the situation was communally tense in his area after the outbreak of the riots, and no harm was done to him at the station; nonetheless, it did not deny the video in which Faizan was earlier shown being beaten up by the men in uniform before being taken to the hospital and subsequently to the police station. The mother had questioned the police claim about his son allegedly voluntarily staying at the police station and said that she had visited the Jyoti Nagar police station on February 24 itself, but was not provided any helpful response. Importantly, all the CCTVs were out of order in Jyoti Nagar Police Station during the time of Faizan’s custody, the fact which both the petitioner and the court found suspicious. While Faizan was finally handed over to his mother on February 25 late night, he was found severely wounded, with torn trousers, blood-soaked clothes, and multiple stiches around his head and ear. He was admitted to Lok Nayak hospital the very next day, i.e., on February 26, where he later succumbed to his injuries.

High Court Judgement

Justice Anup Bhambhani posed multiple queries on the conduct of investigation and countered the claims made by Delhi Police on several fronts. The court said that it took almost 3 weeks upon registration of the FIR for the police to record the statement of the petitioner (victim’s mother) and collect the blood-stained, torn clothes worn by Faizan at the time of the incident. Further, the police have failed to take the statement of the witness, Kausar Ali, who was another injured victim and eye-witness to the incident. As per Ali, the police had started beating Faizan and other men without any provocation, and mocked at the victims while questioning their patriotism merely on the basis of their religious identity even as they laid severely injured on the roadside. Significantly, the Delhi Court High pointed out that “the police have failed to even identify the policemen who had humiliated and brutally assaulted Faizan (and four other young men), as plainly visible in the video-footage available in the public domain.” The verdict also observed that no action has been taken against police personnel at Jyoti Nagar police station where Faizan was illegally detained and denied urgent medical intervention, which resulted in his death.

The judgement further brought attention to the issue raised by the petitioner, which questioned the claim of the police that no CCTV footage is available to trace gypsy in which Faizan was picked up, even though the route in question would have several commercial establishments, petrol pumps, and DMRC metro stations.  On the malfunctioning of the CCTVs inside the police station premises, the court cited Paramvir Singh Saini vs. Baljit Singh & Ors., which says that “It shall be the duty and obligation of the SHO to immediately report to the DLOC any fault with the equipment or malfunctioning of CCTVs. If the CCTVs are not functioning in a particular police station, the SHO concerned shall inform the DLOC of the arrest/interrogations carried out in that police station during the said period and forward the said record to the DLOC”. In this regard, the verdict notes that the police took a very convenient stand, presenting a fait-accompli, which does not inspire confidence and cannot be countenanced. Moreover, the claim made by the police that Faizan stayed at the station at his own will was found counter-intuitive, and the court reasoned if that was the case, he would have at least informed about his whereabout to his family. The verdict also commented that if Faizan was already severely injured why would he be kept at the police station, even at his own request and safety?

Significantly, Justice Bhambhani countered the narrative of the Delhi Police, which claimed that it has not been able to identify the guilty personnel. The judge said that, as per the narrative, “SHO, P.S.: Jyoti Nagar took the injured young men to GTB Hospital in a police Gypsy but that the said police officer has been unable to identify any of the policemen who were involved in the abuse and assault.” He further said that putting the said SHO to polygraph test only now, after 4 years, is not suggestive of the investigation and promptitude. The verdict emphasised that none of the accused have been identified till date even though the Investigating Officer “informs the court that they have identified a head constable and a constable who were present at the spot, as possible suspects, it is their case that the said two policemen have given deceptive responses in their polygraph tests…”.

The judgment recognised the present case as an instance of hate crime and citing the judicial precedent in Tehseen S. Poonawalla vs. Union of India &Ors, it remarked, “It must be understood that mob-vigilantism and mob-violence do not cease to be so merely because these are perpetrated, not by ordinary citizens, but by policemen themselves. If anything, the element of abomination gets aggravated if hate-crime is committed by persons in uniform.” The verdict further underscored the importance of fair investigation, and said that “a fair investigation, and not just a fair trial, is now considered part of the fundamental right enshrined in Article 21 of the Constitution.”

Relying on the judicial precedents concerning fair trial and investigation in Bharati Tamang vs. Union of India, Mithilesh Kumar Singh vs. State of Rajasthan, and Awungshi Chirmayo & Anr. vs. Govt. of NCT of Delhi, the Delhi High Court transferred the case registered under FIR No. 75/2020 at Bhajanpura Police Station to the CBI as it reasoned that the perpetrators of the offence are themselves members of the agency that is investigating the crime, and this does not inspire confidence.

Today, the court rejected Delhi Police’s plea to put the order in abeyance but it extended the time for transfer of the investigation to CBI from 7 days to 14 days.

The High Court judgement may be read here:

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Delhi violence hate platforms? TV channels ‘incited’ communal strife, alleges report

The post Delhi High Court transfers to CBI the case involving Delhi violence victim Faizan who was attacked by the mob in police uniform and forced to sing National Anthem appeared first on SabrangIndia.

In our complaint dated July 10 to the National Commission for Minorities (NCM), a statutory body mandated with the duty to protect the rights of the minorities, we flagged 8 episodes of hate crimes committed against weaker sections of the society across the states of Orrisa, Jharkhand, Haryana, Himachal Pradesh, Rajasthan, Chhattisgarh, and Uttar Pradesh in the months of June-July this year. The hate crime incidents listed in our complaint includes cases of mob lynching, ransacking of the shop, physical assault, and house trespassing on the occasion of Eid al-Adha to prevent consumption of meat. We addressed our complaint to Chairperson and Vice Chairperson of the NCM, Iqbal Singh Lalpura and Kersi Kaikhushroo Deboo, respectively, under Section 9(d) of the NMC Act, which mandates that the minority body to “look into specific complaints regarding deprivation of rights and safeguards of the minorities and take up such matters with the appropriate authorities”.

For each listed incident, we have provided a detailed account of the facts, including date, location, particulars of the incident, and actors involved therein (wherever identifiable). In addition, CJP has specified the applicable criminal laws under both Indian Penal Code and Bharatiya Nyaya Sanhita to the incidents in question. To further strengthen the complaint legally, we have also cited binding court judgements on the subject matter, international conventions, and the relevant executive or police orders (wherever applicable). Importantly, while addressing the issue of hate crime, CJP has also urged the NMC to look into societal and long-term effects of hate crimes on the overall wellbeing and safety not only of the minorities but all sections of the society, accentuating the debilitating effects of hate crime on individuals, groups, and the country as a whole.

Finally, we pressed the National Commission of Minorities to take several concrete measures on the complained cases, including directing police/investigative agencies to identity and track down the culprits, ensuring registration of FIRs, and further encouraged the Commission to closely monitor the probe in the listed incidents.

Details of the incidents

1. Date: July 1

Location: Koderma, Jharkhand

Details: As per journalist Meer Faisal, an Imam named Maulana Sahabuddin from Basramo Turkabad in the Barkatha area was lynched by a mob in Koderma district on July 1st. A resident of Raghuniyadih, Sahabuddin was returning home on his bike when a mob surrounded him and accused him of hitting a woman on the road. After this accusation, they brutally beat him to death, hitting his viciously.

2. Date: June 30

Location: Sadulpur, Churu, Rajasthan (close to Lasedi village on NH52)

Details: A group of around 20 cow vigilantes brutally assaulted a driver and his companion in Sadulpur, late on Sunday night (June 30). The victims, identified as Sonu Bishnoi (29) and Sundar Bishnoi (35), were transporting lemons from Jaipur to Punjab when they were intercepted by vigilantes on suspicion of cattle smuggling. A video of the incident shows the mob armed with sticks thrashing the victims even as they lay on the ground, hitting them in the face with shoes and kicking their heads. Vigilantes even took away their mobile phones, rendering them helpless. The victims were initially taken to a local hospital in Churu and later referred to a private hospital in Haryana for better treatment. Sonu Banshiram sustained multiple fractures in both legs, while Sundar Singh suffered injuries to his arms and head. Reportedly, the victims heard the names Sonu, Sonia, Varun, and Dinesh during the attack.

Rajasthan: Cow vigilantes brutally thrashed Sonu Bishnoi and Sundar Bishnoi from Haryana over false allegations of transporting cattle, while in reality, the pickup truck was loaded with lemons. pic.twitter.com/5MdDyy7ujJ

— Mohammed Zubair (@zoo_bear) July 2, 2024

3. Date: June 19 

Location: Chhota Chowk, Nahan, Himachal Pradesh 

Details: On June 19, a mob of 400-500 people looted the textile shop of the Muslim man in Chhota Chowk, Nahan, Himachal Pradesh, over false allegations of cow slaughter. The shop was vandalised after the shopkeeper had shared a picture of an animal sacrifice on his WhatsApp status. Article 14 reported that even though there is a video of the men inciting the mob before the attack on Muslim shops, the police have not arrested them till date. After the attack, some of the Muslim shopkeepers fled from the area and have since lost their livelihood and erstwhile home. A video of the incident shows the mob destroying and throwing out the contents of the shop as crowd cheers under police presence. After this, the crowd marched to the district collector’s office, chanting slogans such as “Goli maaro saalon ko” and “Jai Shri Ram.” The threats of violence were further repeated at a gathering of people on 26 June.

A Hindutva mob in Nahan, Himachal Pradesh, looted and vandalized a Muslim man’s shop in front of the police after he posted a picture of an animal sacrifice on his WhatsApp status. pic.twitter.com/KQndpp0fZU

— The Observer Post (@TheObserverPost) June 19, 2024

4. Date: June 18

Location: Mamu Bhanja, Aligarh, Uttar Pradesh

Details: A 35-year-old Muslim man, named Mohammed Farid alias Aurangzeb, was lynched by a mob on the night of June 18. As per the police, he was beaten to death over suspicion of a theft attempt. However, Mohammed Zaki, the victim’s brother, has stated that Farid was just coming back home from work when he was attacked by a mob in the locality. The incident reportedly took place around 10:15 PM on June 18. As per Hindustan Times, the complaint alleges that the accused ‘gathered together’ with the intention to kill Farid as he was a Muslim, “They (accused) gathered with the intention of killing brother Aurangzeb. They had lathi, stick, hockey (stick) and iron rod in hand and attacked my brother after identifying him as a Muslim, they killed him,” the complainant has alleged in the FIR.” The family of the victim has demanded compensation and strict punishment for the accused.

 5. Date: June 16 

Location: Khordha, Orrisa 

Details: A mob arrived and forced their way into a house and seized meat from a fridge in the home on June 16. This incident had taken place only shortly after Eid al-Adha and a viral video has surfaced showing a group of cow vigilantes forcefully entering a Muslim household. The mob, chanting slogans of “Jai Shri Ram,” as they entered and raided the family’s refrigerator, seizing all the meat and the refrigerator itself on mere suspicion that it contained beef.

6. Date: June 12 

Location: Jagdalpur, Chattisgarh 

Details: As per Maktoob Media, on June 12, Christian families in Jagdalpur, Chhattisgarh, were reportedly attacked by a Hindutva mob. They were also given an ultimatum to denounce their religion within 10 days. The violent incident took place in Bade Paroda village, under Badanji Police Station. Three victims were hospitalised after the incident. As per Maktoob Media, the lawyer of the injured has stated that all the attacks happening in the area since 2023 were aided by local police, and has also been forcing the families to flee their village. One of the injured suffered a broken leg, according to the lawyer. Since 2023, Bade Paroda has been reportedly a tense area for violence against Christians, with Christian minorities often targeted by violence and intimidation.

 7. Date: June 10 

Location: Kaithal, Haryana 

Details: In Haryana’s Kaithal, a Sikh man was beaten by unknown people who also called him a Khalistani, as per Times of India. The Haryana Police have so far arrested two people in connection with the assault. Following the incident on June 10, the Kaithal police created a five-member Special Investigation Team to investigate. The arrested men have been identified as Ishu who is a resident of Singwal village in Jind, and Sunil who is from Shergarh village, according to Superintendent of Police Upasana.

8. Date: June 7 

Location: Raipur, Chhattisgarh 

Details: In Raipur, Chhattisgarh, two Muslim men, Chand Miya and Guddu Khan, were beaten to death by cow vigilantes on June 7 while transporting buffaloes in a truck. Their bodies were found in the Mahanadi River. A third man, Saddam Khan was also critically injured and receiving treatment in a hospital, only to succumb to his injuries a short while later. The incident took place when a group of youths began following it, eventually surrounding it on the Mahanadi bridge. Reports indicate that the attackers laid spikes on the road to stop the truck, then forcefully pulled out the occupants and assaulted them. In a desperate attempt to escape, one of the victims jumped into the river.

Copy of our complaint to the National Commission for Minorities can be found here:

Related:

Repeat offender among suspects in lynching of Muslim man in Gujarat

Cow vigilantes chase truck, tie up Muslim truck driver, and associate 

Jharkhand: Another case of mob lynching of Muslim man 

June 2024: 10 violent attacks against cattle transporters and 14 cases of communal violence in various states across India 

Mob beats to death a young Muslim, hostilities had been rising as locals were not happy with Muslims doing well in cricket 

The post CJP flags 8 incidents of hate crime including lynchings to National Commission for Minorities appeared first on SabrangIndia.

After they got a call from the police, Akhtar’s family saw his unconscious body with severe injuries to his legs and head.

Despite the evidence of a brutal attack, the police dismissed their pleas and have reportedly gone ahead and labelled Akhtar as a thief.

According to Clarion Media, his nephew Sarfaraz had told the media, “This is an incident of mob lynching. There is no issue related to the theft. When I went to the police station, my uncle was accused of theft. This is completely false. There is nothing like theft. No suspicious thing was found with him”

The family also reportedly got a phone call from a number whose name showed ‘Black Panther’. On the call they could hear only the sounds of despair and violence. “When I got the call, I could only hear ‘Maaro, Maaro’. There was so much noise.” A voice on the call also stated that they were going to kill Ansari.

As per a report in The Telegraph, the police have stated that Ansari was beaten by locals because he was stealing goats.

Earlier last week, Jharkhand had seen a similar horrible case of mob lynching where Maulana Shahabuddin, an imam from a mosque, was reportedly beaten to death in the state’s Koderma district.

After West Bengal, Rajasthan and Manipur, Jharkhand is one of the fourth Indian states that had passed an anti-mob lynching law, the law in the state was called “Prevention of Mob Violence and Mob Lynching Bill, 2021”, and granted a jail term of over 3 years as punishment. However, the implementation of the law has been stalled as the bill was returned by the government with objections. The opposition in the state, BJP, opposed the bill. Similarly, a group of tribals also opposed the bill, as per a report in Hindustan Times. A group called Janjati Suraksha Manch met the governor and had urged the government not to pass the bill as it would undermine the rights of the tribals and the special provisions granted to them by the centre.

Similarly, another case of violence has arrived from Shamli, Uttar Pradesh. A Muslim man named Firooz Qureshi was beaten up by three men in the district. He died after reaching home. An FIR regarding culpable homicide not amounting to murder has been registered in the case. Furthermore, the Uttar Pradesh police has registered a case against Muslim journalists Zakir Ali Tiyagi and Wasim Ali Tiyagi, and others, for sharing a post regarding the incident.

This was the tweet in question.

शामली जिले के कस्बा जलालाबाद में मॉब लिंचिंग में फिरोज कुरैशी नामक युवक की मौत, फिरोज किसी कारण जलालाबाद के मोहल्ला गंगा आर्यनगर गया था वहां पिंकी,पंकज राजेन्द्र ने अपने साथियों के साथ मिलकर उसको बेरहमी से पीटा जिसके बाद उसे वहां के निवासियों ने किसी तरह बचाने की कोशिश की पर कुछ… pic.twitter.com/3pxO07dssZ

— Zakir Ali Tyagi (@ZakirAliTyagi) July 5, 2024

Zakir Ali told the Indian Express, “Shamli Police has registered an FIR against me for reporting the ‘lynching case’. This is not the first time. Even before this I had been attacked five times because of my reporting. Not only me but other journalists too are surprised.”

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June 2024: 10 violent attacks against cattle transporters and 14 cases of communal violence in various states across India

 Mohammed Siraj trolled for ‘thanking Allah’ after World Cup victory

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Assam CM and BJP state president blame Muslims for defeat, call them ‘communal group’ 

The post Jharkhand: Another case of mob lynching of Muslim man appeared first on SabrangIndia.

The above-named five persons have been booked for promoting enmity between different groups under section 196 of Bharatiya Nyaya Sanhita (BNS) 2023, and making statements conducive to public mischief under section 353 of the BNS. This comes after a social media post had been put out by Zakir Ali Tyagi on July 5, claiming that a man Firoz, or Kala Qureshi, had died in a mob lynching incident in the Jalalabad town of Shamli district. He also named the persons who had allegedly beaten-up Qureshi. Qureshi was a scrap worker with no criminal record, and was beaten to death over allegations of theft in the Jalalabad town of Shamli district. After his family protested, an FIR against three persons – Pankaj, Pinky and Rajendra – was lodged.

In the said social media post. Zakir Ali Tyagi had alleged that deceased Firoz was “killed by members of another community” on the suspicion of breaking into their house. The post had also been accompanied by a picture the deceased as well as the complaint that was filed by Qureshi’s family, who claimed that Qureshi had been beaten up by a group of men that had caused his death. As provided by Qureshi’s family, he had gone to the Aryanagar area for some work where he was beaten up by a group of three men – Pinky, Pankaj and Rajendra, all residents of Ganga Arya Nagar – around 8 pm. It was after reaching Qureshi being rescused by some men and reaching his house that Qureshi took his last breath around 11 pm, as stated by the police. It is essential to note that an FIR over the said incident had been registered under BNS Section 105 (culpable homicide not amounting to murder) on July 5 based on the complaint filed by the family.

शामली जिले के कस्बा जलालाबाद में मॉब लिंचिंग में फिरोज कुरैशी नामक युवक की मौत, फिरोज किसी कारण जलालाबाद के मोहल्ला गंगा आर्यनगर गया था वहां पिंकी,पंकज राजेन्द्र ने अपने साथियों के साथ मिलकर उसको बेरहमी से पीटा जिसके बाद उसे वहां के निवासियों ने किसी तरह बचाने की कोशिश की पर कुछ… pic.twitter.com/3pxO07dssZ

— Zakir Ali Tyagi (@ZakirAliTyagi) July 5, 2024

Police denies lynching by mob

It is crucial to highlight that even as the BNS has brought in a provision of murder by a mob on ground of race, caste or community, sex, place of birth, language, personal belief or any other ground, the same was not invoked by the Shamli police in this incident. Rather, the Shamli police have maintained that it was not the case of mob lynching.

As per a report of Indian Express, the Shamli police had given out statement providing that “On the night of July 4, Firoz had entered the house of accused Rajendra in an intoxicated state. A scuffle broke out between the two parties. Later Firoz’s family took him home where he died. There was no serious visible injury on Firoz’s body. On the basis of the complaint of (Firoz’s) family members, a case was registered under relevant sections and post-mortem of the body was done.”

The statement further provided that “It was also informed earlier that it is clear from the post-mortem report that the cause of death was not assault. The deceased had entered the accused’s house drunk. Despite this, the incident was deliberately given a communal colour and it was posted on social media as mob lynching with the aim of spreading ill will. Action will be taken in the FIR registered as per the post-mortem report. Appropriate FIR has also been registered against the malicious post. The accusations are irrational and hence refuted.”

As per the IE report, the police informed that the viscera of the deceased are preserved and the report is awaited for the same as the cause of the death is unclear. The inspector in-charge of Thana Bhawan police station has been directed to take strict legal action against those booked for posting “wrong” and “malicious” information, the police said.

Shamli police (Uttar Pradesh) has lodged FIR against five reporters under sections 196 ( promoting enmity) & 353 (public mischief) of Bharatiya Nyaya Sanhita (new IPC) for posting on their social media handles about a mob lynching incident. pic.twitter.com/sq7rA61YUY

— Ratna Singh (@whattalawyer) July 7, 2024

Shooting the messenger?

In a classic case of shooting the messenger, the UP police to filing an against the aforementioned five persons, including two Delhi-based journalists, under sections of Bharatiya Nyaya Sanhita (BNS) for allegedly promoting enmity on grounds of religion through “malicious” posts on X claiming the killing of Qureshi to be an incident of mob lynching. It is essential to note that no arrests have been made in the case so far.

As per the Scroll, the FIR against the five individuals was registered on a complaint by a sub-inspector, Manendra Kumar, of Thana Bhawan police station in Shamli. As per the report, the FIR stated that “Regarding the incident of deceased Firoz… Zakir Ali, Wasim Akram Tyagi, Asif Rana, Saif Allahabadi and Ahmed Raza Khan posted/reposted from their X account… They wrote that late at night in Jalalabad town of Thana Bhawan police station area, a young man, whose name is said to be Firoz alias Kala Qureshi, was beaten to death by some people of another community on suspicion of breaking into the house. Anyone would kill someone like this and then say that he/she had suspicions.”

Shamli Superintendent of Police Abhishek had also confirmed to Scroll that a FIR had been registered against Zakir Ali Tyagi and the four others as “[Qureshi’s death] was not a case of mob lynching.”

The superintendent of police further stated that “The man was beaten up by a few men when he entered their home. But he died at his [own] home. We have also conducted a post-mortem.”

The FIR also quoted the allegations made by Zakir Ali Tyagi and others in their social media post on ‘X’ (formerly Twitter) about Qureshi, alleging that he had “died in a mob lynching incident”. The complaint included that the post said that Qureshi was “severely beaten by people of some other community on the suspicion that he had entered their house”.

As provided by the Scroll, the FIR report quoted the complainant as contending that the social media posts had sparked “hatred and anger” among individuals of a “particular community”.

The FIR said, “Because of the tweets (posts) by the above persons on their X account, there is an enmity and anger among the people of a particular community… Due to this, there is every possibility of communal harmony and local peace getting disturbed. Please take legal action in this regard.”

It is essential to note that the punishment of committing a crime under Section 196 and Section 353 of the BNS is imprisonment which may extend to three years, or with fine, or with both.

Notably, a post about the incident of “brutal beating” was also shared by Thana Bhawan MLA, Ashraf Ali Khan. The MLA represents Rashtriya Lok Dal (RLD), an ally of the ruling National Democratic Alliance at the Centre.

जलालाबाद निवासी नवयुवक फ़िरोज़ की निर्ममतापूर्वक पिटाई के दोरान हुई हत्या गम्भीर अपराध है।पुलिस प्रशासन दोषियों के खिलाफ कानूनी कार्यवाही अमल में लाते हुए उनको सज़ा दिलाने का काम करे।
रब मरहूम के घरवालों को सब्र- ए-जमील अता करे।
दुआये मग़फ़िरत।@shamlipolice @dm_shamli

— Ashraf Ali Khan (@AshrafAliKhan__) July 5, 2024

I am being threatened by slapping FIR against me: Zakir Ali Tyagi

Journalist Zakir Ali told IE that, “Shamli Police has registered an FIR against me for reporting the ‘lynching case’. This is not the first time. Even before this I had been attacked five times because of my reporting. Not only me but other journalists too are surprised (over the police action on his post).”

Responding to the criminal case against him, Zakir Ali Tyagi spoke to Scroll and said deemed the FIR filed against him to be tactics to intimidate him. As per the report, Zakir said “Muslims are being lynched daily since the new government [at the Centre] was formed and I am being threatened by slapping FIR against me.”

Highlighting that the present FIR was not the only FIR filed against him, Zakir Ali alleged that the government was trying to silence journalists and citizens who were talking about crimes against Muslims.

“I was attacked and even jailed for 58 days for being a journalist and raising voices of the voiceless, yet we will neither get threatened nor will we bow down but will continue to write against the oppression,” Zakir Ali Tyagi told Scroll.

He further said he will challenge the FIR in the High Court and Supreme Court.

Below are the previous cases filed against journalist Zakir Ali Tyagi:

1. In the year 2017, Zakir Ali Tyagi had been arrested by the Uttar Pradesh Police for two of his Facebook posts – one of which was a joke about the criminal record of Adityanath, the newly-appointed chief minister of the state at that time. He was booked under the Information Technology Act and spent 42 days in jail.
2. In August 2020, the Uttar Pradesh Police had arrested Zakir Ali Tyagi for alleged cow slaughter, a crime that carries a sentence of 10 years in prison under the Uttar Pradesh Prevention of Cow Slaughter Act. Notably, Zakir Ali Tyagi denied the cow slaughter charge against him.
3. In December 2022, a court issued an externment order against Zakir Ali Tyagi under the Uttar Pradesh Control of Goondas Act, preventing him from going back to his own Meerut district for a period of three months. The prosecution had claimed that Zakir Ali Tyagi is a threat to the peace and order in his community because of his involvement in a case involving the slaughter of cows.

Many on social media have also come out in support of Zakhir Ali Tyagi, and have criticised the misuse of the new criminal laws.

This is why I had opposed the new criminal laws in Lok Sabha. They are meant to be “misused” against those who speak the truth. https://t.co/HRJE5B6Noo

— Asaduddin Owaisi (@asadowaisi) July 7, 2024

Clear violation of Article 19(1) (a) of the Constitution of India , what is the point of swearing by the a constitution and then misusing the new criminal laws?@TheLeaflet_in https://t.co/tFkeJKFmBF

— Indira Jaising (@IJaising) July 8, 2024

DIGIPUB News India Foundation has also come out with a statement urging the UP police to rescind the FIR against five people including 2 journalists who posted about the death of a Muslim man in Shamli.

Uttar Pradesh police must rescind the FIR against five people including 2 journalists who posted about the death of a Muslim man in Shamli. pic.twitter.com/JpAXoPhEd3

— DIGIPUB News India Foundation (@DigipubIndia) July 8, 2024

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Mob beats to death a young Muslim, hostilities had been rising as locals were not happy with Muslims doing well in cricket

The post FIR filed by UP police against 2 journalists, 3 others for putting out social media posts on an incident of alleged mob lynching of a Muslim appeared first on SabrangIndia.

Shoaib was reportedly attacked by a man named Gheto Parmar and Holo Parmar. When Salman tried to help, he too was brutally beaten by 15-20 men using bats, sticks, and paddles.

Salman Hanifbhai whora, a youth who had gone to watch final match of cricket tournament was beaten to death by a group of 15-20 Hindu men at #Chikhodara, #Anand, #Gujarat on Saturday.

Gheto Parmar and Holo Parmar were beating Shoeb, Salman’s friend. When Salman jumped in to… pic.twitter.com/fRItidE8OC

— Hate Detector (@HateDetectors) June 25, 2024

The police have arrested several people in connection with the incident. Among those detained are Mehul alias Gheto Dineshbhai Parmar, Kiran alias Holo Mafatbhai Parmar, and Mahendra alias Fulio Rameshbhai Vaghela. Others arrested include Akshay alias Ako Narsinghbhai Parmar, Ratilal Raisingbhai Parmar, Vijay alias Pakorani Mangalbhai Parmar from Chikhodara, and Ketan Mahendrabhai Patel from Vaghasi. The police have also seized various weapons, including paddles and bamboo sticks that were used in the attack.

All the accused have been produced in court, which has granted their remand until July 1^st, 2024.

According to The Quint, the mob had been heckling Muslim players with Hindutva slogans like ‘Jai Shri Ram’ as the Muslim players performed well in the tournament.

Locals told The Quint that tensions had started even before the match, as locals did not react well to the good performance of Muslim players in the tournament. Many of the players who had done well in the quarterfinals and semi-finals were Muslims, according to the report. In the final match as well, one team was mostly made up of Muslims, while the other team also had 2-3 Muslim players.

The incident that led to the fatal beating had reportedly started with a parking dispute. A group of men arrived on motorcycles and got into a fight with Salman, demanding that he move his bike from the stand and this further turned into an assault. The crowd also reportedly cheered the attackers.

After the death, a few Congress leaders have reportedly visited the house of the deceased and demanded stringent punishment for the accused.

The family of the dead has filed a case against the accused on June 23rd at the Anand police station. Charges in the FIR include 143 (punishment for unlawful assembly), 147 (punishment for rioting), 148 (armed with a deadly weapon), 302 (murder), and 324 (voluntarily causing hurt by dangerous weapon) as well as the Gujarat Police Act.

Recently the CPI-M has called for nationwide protest against the rising violence and lynching’s of Muslims and religious minorities in the month of June.

Related: 

Repeat offender among suspects in lynching of Muslim man in Gujarat

Man in Delhi calls for slaughter of 2 lakh Muslims, locals demand National Security Act against him

Madhya Pradesh faculty accused by ABVP of allegedly “promoting Islam” due to a post on Ramadan greeting

After politicians, hate speech catches on among citizens in Assam

Jharkhand: Court convicts 10 in mob lynching case, sentence to be pronounced on July 5

The post Mob beats to death a young Muslim, hostilities had been rising as locals were not happy with Muslims doing well in cricket appeared first on SabrangIndia.

The Senior Superintendent of Police (SSP), Sanjeev Suman had told the media that, “On June 18 the police received information that a Muslim youth entered a Hindu’s house with the intention of stealing. He was assaulted and taken to hospital for treatment where he was declared dead. There has been no stone pelting anywhere in the district. There is complete peace at the spot.”

थाना गांधीपार्क-दि0 18.06.24 को पुलिस को सूचना प्राप्त हुई मुस्लिम युवक द्वारा चोरी करने के आशय से हिन्दू के घर में घुसा था, जिसके साथ मारपीट की गई,उपचार हेतु अस्पताल ले जाया गया, जहां मृत घोषित किया गया,जनपद में कही पर पथराव नही हुआ है,मौके पर पूर्ण शांति है~ #SSP_Aligarh बाइट pic.twitter.com/VtPbsDJoE3

— ALIGARH POLICE (@aligarhpolice) June 19, 2024

The incident occurred around 10:15 PM in the Mamu Bhanja locality of Aligarh, and after the incident, security has been heightened and the police as well as the RAF (Rapid Action Force) have been deployed in the respective areas.

Aligarh was on alert as the situation got tense. Members of both Hindu and Muslim communities began to come together at various spots in the city, with some shops even closing down in protest. Members of the Samajwadi Party and the Bahujan Samaj Party also held a protest which was attended by the victim’s family members, demanding the arrest of the three other accused.

On the other hand, the Bajrang Dal leaders have said that they will also launch a protest if the Police are seen by them to be ‘protecting’ those who support the ‘thief.’ BJP leaders, such as local MLA Mukta Raja also gathered together and demanded that no ‘innocent’ should be arrested on fake evidence.

In #UttarPradesh‘s #Aligarh, #Hindutva groups led by #BJP MLA #MuktaRaja protest in support of the accused arrested for lynching a #Muslim man named Mohammad Fareed. pic.twitter.com/x7qMqsLcYT

— Hate Detector (@HateDetectors) June 19, 2024

BJP leaders can be seen here speaking to the media, defending the accused, saying that the ‘children’ who have been arrested should not face prosecution, and also those who have been named in the FIR should not be arrested.

BJP MLA from #Aligarh, #MuktaRaja, and former mayor, #ShakuntalaBharti defend lynching accused and protest for their release. pic.twitter.com/9O77cXzaJ0

— Hate Detector (@HateDetectors) June 20, 2024

An FIR has been named with 10 people identified accused, and a dozen more unidentified people in connection with the murder. As of now, reports suggest that the police have arrested six of these suspects. Their names include, Ankit Varshney, Chirag Varshney, Jai Gopal alias Pandit Vijaygarhwala, Kamal Bansal, Dimpy Agarwal, and Rahul Agarwal.

The accused have been charged under sections 302 (murder), 341 (wrongful restraint) of the Indian Penal Code.

As per Hindustan Times, the complaint alleges that the accused ‘gathered together’ with the intention to kill Farid as he was a Muslim, “They (accused) gathered with the intention of killing brother Aurangzeb. They had lathi, stick, hockey (stick) and iron rod in hand and attacked my brother after identifying him as a Muslim, they killed him,” the complainant has alleged in the FIR.” The family of the victim has demanded compensation and strict punishment for the accused.

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The post Aligarh: Muslim man lynched to death, as local BJP MLA expresses support for the alleged criminals appeared first on SabrangIndia.

The first incident took place when two men were beaten to death in the village of South Mainna in Navgram late Friday, December 22.

The mob violence was reportedly fuelled by allegations of cow theft, where a crowd turned up and beat two Muslim men to death late on Friday night. However, despite being rushed to Vardhman Medical College Hospital, the two succumbed to their injuries on the following morning. According to Maktoob Media, the District Superintendent of Police Aman Deep has revealed that the assailants who are thought to have entered the village with a cargo vehicle are now being pursued by the police.

Similarly, in West Bengal’s Haribhaktapur, a 45 year old man was lynched because he was reportedly accused to stealing goat on December 23rd. The man, Ruhul Amin Sheikh was a 45-year-old Muslim man who was captured and tied to a tree, and brutally beaten. Following these events, he tragically succumbed to his injuries at Murshidabad Medical College Hospital. Local sources reported that the incident unfolded when three men were allegedly attempting to steal goats. While two suspects managed to run away from the mob, these reports allege that Sheikh was captured and subsequently beaten by the mob. The police finally rescued Sheikh and thereafter he was transferred to the hospital.

According to Maktoob Media, no formal complaint had been filed at the time of reporting. Similarly, The Observer Post has reported that this was the third incident of mob lynching of a Muslim man to happen in the past 72 hours. SDP S K Samuddin had informed The Observer Post that an investigation will be initiated if a complaint is registered.

The report also reveals that the village had seen incidents of thefts for quite a while however the police had not taken any cognisance according to the villagers. Just earlier this month, on December 4, a Muslim man was beaten to death in the state under suspicions of theft, taking the number of mob lynchings of Muslims in December 2023 to four in the state of West Bengal.

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The post West Bengal: 3 Muslim men lynched in two separate incidents over past 3 days appeared first on SabrangIndia.