The charges stemmed from an incident in August 2021, when Ali, a resident of Uttar Pradesh’s Hardoi district, was selling bangles in the Govind Nagar area of Indore’s Banganga locality. He was allegedly assaulted by members of the Bajrang Dal, a Hindutva group, who accused him of sexually harassing a minor girl. A video of the assault went viral, sparking significant outrage, and the alleged assailants instructed the public to not let Ali enter the area again. This led to protests by the Muslim community in Indore, condemning the attack on Ali. Initially, the police were hesitant to file an FIR unless someone from the mob made a complaint. It was only after intervention by Congress leader Imran Pratapgarhi, who supported Ali, that an FIR was lodged against the attackers.

However, the following day, Ali himself was arrested, with the police filing a counter FIR accusing him of attempting to molest a 13-year-old girl. The charges against him were grave, including several serious offenses under the POCSO Act. Despite spending four months in jail before being granted bail by the Madhya Pradesh High Court in December 2021, Ali’s legal struggle continued for more than three years as he faced ongoing court battles. His acquittal on December 3, 2024 marked the end of this long and tumultuous journey.

Taslim Ali reflects on his legal struggles and future

Speaking after his acquittal, Ali shared his emotions with the reporter of Indian Express, describing the experience as both happy and sad— “bittersweet,” as he put it. Reflecting on the ordeal, the IE reported Ali as expressing gratitude towards those who had stood by him during the difficult time and even towards those who had falsely accused him. He noted that he had been implicated in a false case based on his religion and name, which he believes was part of a larger agenda to target him unfairly. Despite the trauma, he expressed no ill will towards the people of Indore, where he had been selling bangles to support his six children. He emphasised that he did not hold any grudge against the city or its residents, stating, “All residents of Indore are my brothers and sisters,” as per the report of the IE.

Describing his experience during the 107 days he spent in jail after he was arrested under POCSO, Ali spoke candidly about the struggles he faced. “Initially, there was a lot of struggle; I was scared,” he admitted, as provided in the IE report. He also mentioned that he had been placed in solitary confinement, but over time, he became more accustomed to the solitude. “The jailers and police were nice to me. I was not harassed,” he said, adding that he never lost faith in the Constitution or the judiciary. 

Since being granted bail in December 2021, Ali told the media that he has returned to his bangle-selling business, traveling from colony to colony and various locations from Uttar Pradesh to Punjab and Indore to support his family. Despite the anxiety of returning to the streets of Indore after such a traumatic experience, Ali said he was motivated by the need to provide for his children and continue the family tradition of selling bangles.

Ali’s lawyer, Sheikh Aleem, explained to the IE reporter that the case collapsed due to key witnesses, including the minor girl involved in the accusation, turning hostile. Furthermore, the claim that Ali had changed his identity, based on the recovery of an Aadhaar card bearing the name “Golu,” was disproven in court. It was revealed that “Golu” was actually Ali’s village name, and he had rectified this on his Aadhaar card later, but the older version had been in his possession on the day of the incident. This clarification, along with testimonies from two village pradhans, helped dismantle the accusations.

Regarding his assailants, Ali revealed that they had apologised to him for the attack. However, he made it clear that he did not wish to pursue any further legal action against them. Instead, Ali expressed a desire to move on from the entire episode and leave it behind. As per the IE report, Ali noted that, “I have nothing against anyone.” His focus now is on returning to his work, moving forward with his life, and providing for his family. Despite the challenges, Ali remains determined to continue his work as a bangle seller and said that he would keep returning to Indore to support his loved ones.

Legal struggles and bail grant for Taslim Ali

Grant of bail: In December 2021, bangle seller Taslim Ali, who had been accused of sexually harassing a Class 6 student, was granted bail by the Madhya Pradesh High Court. Justice Sujoy Paul, who reviewed the case, noted that the nature of the accusation did not warrant Ali’s continued detention until the case’s resolution. Ali had been arrested on August 23, 2021, on charges of molestation and forgery, two days after he was attacked by a mob in Indore’s Govind Nagar. The mob had accused him of using a forged document to sell bangles and of molesting a 14-year-old girl during the Rakhi festival. A video of the assault, which showed Ali being beaten by several men who alleged he had been harassing women under the pretext of selling bangles, went viral on social media.

The next day, a counter-accusation was made by the minor daughter of one of the attackers, accusing Ali of sexual harassment. Following this, Ali was charged under various sections of the Indian Penal Code, including Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354-A (sexual harassment), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), 471 (using forged documents as genuine), 420 (cheating), and 506 (criminal intimidation), as well as Section 7/8 of the Protection of Children from Sexual Offences (POCSO) Act. He was taken into custody on the same day and remained in jail from August 23, 2021, until the bail was granted.

Submissions made before the Court: In court, Ali’s counsel presented the argument that while selling bangles on the day of the alleged incident, Ali had been abused, threatened, and assaulted by a group of individuals. Ali himself had filed a report at the Banganga Police Station on the same day, at 13:45, describing the assault. The defence further argued that the counter-FIR filed against Ali at 6:00 pm that day, accusing him of sexual assault, was a retaliatory move fabricated by those who had threatened him. Ali’s counsel submitted photographs and a CD as evidence, claiming that these would help distinguish between the facts and falsehoods, highlighting who had truly committed the offense.

The prosecution contended that if Ali were granted bail, there was a risk he might flee from justice, making it difficult for them to pursue the case. However, the court dismissed this argument, noting that when the prosecution had visited Ali’s original residence in Uttar Pradesh, they found that he was living in a ‘Pradhanmantri Awas Yojana’ house under the name Asleem, son of Mohar Singh. Since the prosecution had already reached his permanent residence, the court concluded that the likelihood of Ali fleeing was minimal. Additionally, the court noted that there were no criminal antecedents to suggest Ali had been involved in any criminal activities previously, and there was no substantial evidence linking him to threats against the complainants. Considering these factors, the court deemed it appropriate to release Ali on bail.

Previous denial of bail: In September 2021, an Indore court rejected the bail application of a bangle seller who had been attacked by a group of men. The bail application, submitted by advocate Ehtesham Hashmi, had argued that the complaint was fabricated, with no factual basis, and aimed to suppress the true events. The applicant’s defence contended that the complainant had been part of the mob that had assaulted the bangle seller, and that the seller had filed his own complaint against the mob for the brutal attack. The defence further claimed that the present FIR was an attempt to falsely implicate the applicant.

The bail application argues that: a) the said story as mentioned in the FIR is an afterthought to the applicant filing a complaint against the complainant and other; and b) if the applicant ran leaving his belongings behind, as mentioned in the FIR, how is he seen with his belongings in the video where he is being thrashed; (c) the audio of the video makes no mention of the minor girl and the alleged incident of molestation, instead they were asking his name repeatedly; and (d) the narration of facts made in the FIR does not disclose an offense under Sections 7 and 8 of the POCSO Act.

Related:

Rising Tensions: Muslim Religious Sites face renewed attacks, demand for survey in Delhi’s Jama Masjid and Hanuman Chalisa

Right wing’s assault on mosques intensifies: UP Court to hear petition on Budaun’s Shamsi Shahi Mosque amid growing trend of similar targeting of minority shrines

Supreme Court urges UP government to maintain peace and harmony in Sambhal, prohibits the trial court from taking any further steps till January

Sambhal Violence: State crackdown intensifies, thousands accused, and allegations of police misconduct ignite a political and communal crisis in Uttar Pradesh

Uttarakhand: Despite BJP Govt Assurance to Contrary in HC, Hindu Mahapanchayat Held in Uttarkashi

Uttarakhand High Court orders security, condemns hate speech over Uttarkashi Mosque

The post Indore Court clears Muslim bangle seller of molestation charges after lengthy legal battle, states that prosecution failed to prove charges appeared first on SabrangIndia.

SRINAGAR: In a video statement posted on Saturday, the mother of the schoolgirl from Handwara town at the centre of a molestation storm has alleged that the police have kept her daughter and husband in “illegal detention” and that her daughter was coerced to make a statement by the police.

While hearing a petition filed by the mother for the release of the girl and her relatives, the Jammu and Kashmir High Court, on Saturday asked the state government to respond to allegations that the three are being illegally detained. Posting the case for the next hearing on April 20, the court had also directed the police to present the girl before a chief judicial magistrate for the recording of her statement.  

(SabrangIndia staff: The Indian Express reported on Sunday evening that the police have issued a statement according to which, while recording her statement before the chief judicial magistrate, the girl has reiterated her earlier statement that she was not molested by an army man on April 12. The police statement added as directed by the high court, the girl was produced before the chief judicial magistrate along with her father on Saturday evening).

Meanwhile, Amnesty International (AI) has issued a statement asking for the immediate release of the teenage girl, her father and aunt who are being detained by the police. “Pending their release, they must be granted prompt access to their family and lawyers. The girl has been detained since April 12, and her family members since April 13,” the AI said.  

“A teenage girl who has been allegedly sexually assaulted needs to receive sensitive and respectful treatment from the authorities, and not be herself detained in police custody,” said Zahoor Wani, campaigner, Amnesty International, India. “If the family needs protection, they should receive it at a location of their choosing,” the statement added. 

In the agitation following the alleged molestation, at least five unarmed persons, including a woman and a bright young cricketer, have died in army and police firing in north Kashmir then. Many more are injured, some of them critically.

Early Saturday morning, the police cordoned the office premises of the Jammu and Kashmir Coalition of Civil Society (JKCCS) in Srinagar where a press conference to be addressed by the girl’s mother was scheduled to be held. Print and television journalists waiting outside the JKCCS office were told to go back. “We will not allow the press conference. Section 144 is in place. Go back,” said an officer of the police intelligence department present on the spot.

It was following this that the mother of the minor girl gave a video statement in which she alleged that the police had recorded her daughter’s statement under duress. The video was released by the JKCCS. She also questioned the “illegal detention” of her daughter and husband and said that her family would feel safe only among her people in the neighbourhood, not inside a police station. Mother’s latest video statement has put the state government and the police in a spot.

Narrating her ordeal, the mother said: “After school, my daughter came out with her classmates and went to the washroom in the market. As she entered an army person emerged before her which made her scream. The boys who were there could not tolerate the shrieks of their sister. Within minutes a crowd gathered. The army and police personnel opened fire on peaceful protesters.”

“My daughter is young in her teens. She is just 16 years old. Police has pressurised her to make a statement,” the mother said, adding that her daughter has been in illegal detention for five days now.

“They (police) are not allowing us to meet her,” she added. “Our daughter has been defamed. We want her dignity back. How can we leave our homes in this condition?” she said in her video statement.

Earlier, after massive protests by the locals against the alleged molestation of the schoolgirl on April 12, the army had released a video of the girl’s statement to the police wherein she denied being molested by an army man and instead pointed fingers at a local boy. This is turn had raised questions about the propriety and the legality of the face and identity of an alleged victim of molestation being put out in the public domain.

“The act of recording a video statement of a minor girl in the absence of her family violates a minor on multiple counts. It is a shameless and illegal act,” Khurram Pervez of the JKCCS said.

“The detention of the minor girl and her father are outside the powers of the state and it appears to be an attempt to further pressurise the family to withdraw all allegations against the armed forces. Further, the manner in which the video has been recorded and then circulated is a gross violation of the special protections afforded to minors particularly during investigation of sexual assault cases. The actions of the police and the army would necessarily invite criminal prosecution if investigated,” a spokesperson of the JKCCS said.

In its defense, the police have come out with a bizarre statement that the schoolgirl and her father were being kept in ‘preventive custody’.

Various TV news channels based in Noida, Delhi and Mumbai played the video of the schoolgirl umpteen times, but most of them did not feel it necessary to also telecast the video of the mother of the girl in which she questioned the “illegal detention” of her daughter.

Meanwhile, chief minister Mehbooba Mufti flew to Kupwara on Saturday where she chaired a high-level meeting to make an on-the-spot assessment of the situation.

“The chief minister met with the victims’ families to offer her condolences and held an interaction with prominent members of the civil society here to defuse the tense situation so that peace and normalcy is restored in the region,” a government statement said.

According to the government, Mufti is said to have made it clear that no civilian should be harmed while dealing with law-and-order situations. She also had a telephonic conversation with defence minister, Manohar Parrikar, and also met Indian army commander, Lt. Gen. D. S. Hooda and told them that incidents like the ones at Handwara and Natnusa in Kupwara were unacceptable and come as a “major setback to the efforts of the state government in consolidating peace dividends in the state”.   

She also said that the Standard Operating Procedure (SoP) should not remain a mere word but become a potent tool while dealing with law-and-order situations. However, despite her repeated assurances very little appears to have changed on the ground as the armed forces continue using oppressive tactics to control protesting crowds.
 
Video statement of the schoolgirl put out by Indian army

Video statement of mother released by Jammu and Kashmir Coalition of Civil Society: Click here for video

Full transcript of the mother’s video statement:
Innocent people were martyred by army and police after they staged protest. My daughter left for school at 10 am. School got over at 3:30 pm. She is a Class XI student, a young girl around 16 years old. After the school got over she went to the toilet. As soon as she entered the toilet, she spotted an army person there. This made her scream. After hearing her cries the people, including the shopkeepers in the market, assembled.

Yes, I have also filed a case in the court. Those who killed our boys should not be probing this incident. It should be investigated independently by some other agency. How can the ones who killed investigate? They cannot. That’s what we want. They have brought disrepute to my girl; we want her dignity and honour restored. She is not only my daughter. She is the daughter of Kashmir. We want dignity and respect, nothing else. And an investigation as to why our young boys were martyred. The blame is on them (army and police). Isn’t it?

(The author is a journalist, commentator and political analyst from Srinagar. He is South Asia Journalism Programme/ Chevening fellow 2015 and Munich Young Leader, 2014. He formerly served Deutsche Welle (Voice of Germany) as editor in Bonn for several years).

Also see earlier story on killing of civilians here.
 

The post Mother Alleges Coercion, J&K Police Claim Schoolgirl Sticks to No Molestation Statement appeared first on SabrangIndia.