Hundreds named in terror cases without proof: Paper

Discussion in 'Internal Security' started by ejazr, Apr 5, 2012.

  1. ejazr

    ejazr Stars and Ambassadors Stars and Ambassadors

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    Hundreds of Muslims named in terror cases without proof: Paper - India - DNA

    Coinciding with the recent acquittal of Delhi-based Mohammad Amir Khan who spent 14 years in jail, a document released here says since 1997, some 300 cases have been registered against hundreds

    of Muslim youth, in places where no terrorist incidents or violence had taken place.

    “In many cases, implicated youth like Amir have been acquitted. In a few cases, there have been convictions, but in these cases too, the appeals are pending before the higher judiciary,” says the document released at a day-long seminar of 40 Muslim groups, organised by the All India Milli Council.

    Amir, who also addressed the gathering, said it is good that people are discussing his case now.“It is a good sign that the people are discussing (the case), but when I was arrested 14 years ago, no one was ready to listen to anything. Everyone had boycotted me and my family,” he said.

    Madhya Pradesh tops the list with 118 cases registered in various police stations, followed by 89 in Maharashtra. Gujarat has filed just 10 cases during the period. The speakers believed the filing of cases, along with arrest of Muslim youth in terrorist cases, were done due to communal reasons.

    The 300 cases compiled were registered without any terrorist or violent incident, the evidence being generally flimsy and doubtful.
    Trying to break the cycle of targeting the Muslim youth, the seminar decried the way an increasing number of innocent Muslim youths are arrested on the allegation of membership or role in the activities of the banned outfit of SIMI (Students Islamic Movement of India).

    “I was kidnapped and the cases, more than my age in number, were fabricated against me. They made me naked, poured petrol in my private parts, gave electric shocks, removed my nails and did a lot more shameful and painful acts which I can’t narrate here,” Amir said. He criticised Muslim groups for not coming to his rescue and believing the police version and media reports against him.

    The document noted that a wave of arrest of the Muslim youths began since 1997 for the alleged offences of communal hatred, sedition and waging war against the state. In late 1990s and early 2000, these cases were mainly registered under sections 153 A and 153 B of IPC.

    Three hundred cases listed by the organisation as an illustration of the arrests for what it claimed were “doubtful crimes”, are from across the country - Indore, Ujjain, Nagda and Bhopal in Madhya Pradesh, in Karnataka, Gujarat, Maharashtra, Tamil Nadu,Kerala, Rajasthan, West Bengal, Andhra Pradesh, Delhi, and Bihar. The trend started in 1997 in Khajrana in Madhya Pradesh and has travelled to deep south in Kerala, said the speakers.
     
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  3. ejazr

    ejazr Stars and Ambassadors Stars and Ambassadors

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    Background story on this is Mohammed Amir Khan being acquitted in 20+ terror cases after 14 years

    I’m Not Guilty - Hindustan Times

    In January this year, Delhi resident Mohammad Aamir Khan, 32, walked out of Rohtak jail after 14 years in custody. He was accused in 20 terror cases. Courts pronounced him ‘not guilty’ in one case after another. But before he was released, he’d lost everything. His father died, mother got paralysed, acquaintances deserted them and the family was stigmatised while guilty officials roamed free.

    Many such cases have recently surfaced where innocents get caught in the crossfire of counter-terror and are falsely accused. They spend years in prison with no one to hear their pleas. Prominent examples are the Jaipur blasts and Hyderabad’s Mecca Masjid blast case.

    Says Ajai Sahni of the Delhi-based Institute for Conflict Management, “The most significant factor is dearth of investigative capabilities.” He adds, “What’s worse, the prosecution faces direct hostility or suspicion from courts.”

    But former Intelligence Bureau chief, Arun Bhagat, says “Courts are lenient as the accused have been in prison for long, at times longer than the stipulated punishment.” What if these men are simply innocent and that’s why they are acquitted? Bhagat says, “These are very important cases. No policeman will ever frame an innocent man.” Khan would certainly not buy this arguement.

    Even Human rights lawyer Colin Gonsalves disagrees. He believes investigators falter for short term gains. “The police file cases against people even when they know they don’t have evidence,” he tells. Gonsalves says courts should take cognisance and in turn take action against erring officers.

    Manisha Sethi of the Jamia Teachers’ Solidarity Association brought out a detailed report of the Jaipur cases. She points to a Delhi court ruling which acquitted six men of charges of carrying explosives. They were captured in the Capital allegedly after an encounter with the police. The court however stated that the story of the encounter was “concocted”. While ordering an FIR against the erring policemen, the Court observed, “They (accused) are innocent and have been framed by the aforesaid police officers to achieve personal gains and/or to settle personal scores.”

    Though, efforts have been made to reintegrate such innocent men into society, that’s hardly enough except in a few cases such as the Hyderabad’s Mecca Masjid blast. “It was the first time compensation was given in such a case,” says chairman, National Commission for Minorities, Wajahat Habibullah. But the stigma associated with being called as a terrorist turns the accused into monsters in the eyes of society. “That’s why in the Mecca masjid case, we asked authorities to give character certificates to the falsely accused,” says Habibullah.

    Amid debate, an intense fear of being branded a terrorist looms large among Muslims. What is a better example than Delhi’s Jamia Nagar locality where the controversial Batla House encounter happened? Municipality elections are due in Delhi and “the prominent issue in predominantly Muslim constituencies is not Bijli, Sadak, Paani. It’s rather random ‘picking up’ of innocent youth by police,” says a Delhi-based lawyer.

    Indeed, apprehending terrorists and collecting evidence against them is not an easy task. But distinguishing an innocent man from a terrorist after a through investigation is not impossible either.


    The wounds have not yet healed

    Munawwar Quraishi, 44
    Time spent in jail: Three and a half years
    Detained for: 2008 Jaipur serial blast case

    Released from Jaipur jail, Munawwar Quraishi is finding it hard to get back to normal. Spending more than three years in custody has left an indelible mark on him. People still avoid him. That and heavy financial distress has led him to leave his house in Kota’s predominatly Muslim colony, Waqf Nagar. Before Quraishi’s arrest, Kota DSP Nasimullah was on a witch hunt for him, and media reports didn’t help. He was dubbed a traitor, a Pakistani, a maniac, among others. Scared, he vanished. Why? “They were calling me Pakistani. So what other option did I have?” he says. On the city Qazi’s advice, he willingly surrendered himself to the police. “I wasn’t arrested,” he clarifies.

    Although assured he would be let off soon, Quraishi spent 10 days in illegal detention, and was produced in court in Jaipur. Though he was later shown as arrested for involvement in the Jaipur blasts, the charges against him were related to banned organisation, Student’s Islamic Movement of India (SIMI). He was charged with organising SIMI meetings in Kota. The police claimed to seize materials like pamphlets, Urdu magazines and CD recordings of hate speeches. During the trial, the truth was revealed. “The police never read nor translated what they called Jihadi literature. The CDs were never opened.” explains Jamil Ahmad, the lawyer for the accused. Of 38 witnesses, 33 turned hostile — the rest were policemen — and claimed they never signed on as witnesses. Munawwar, in his defense says he even tried to help victims of the blast. He organised a blood donation camp in his locality. “In all, I sent 167 units of blood to Jaipur,” he says. While Munawwar was in jail, his family fell on tough times. His tailoring shop and two-storey house were sealed. His wife recollects, “The police didn’t even let me take my kid's clothes.” With tears in his eyes, Munawwar says he is particularly grateful to his friend Mangelal who supported and helped his family survive the ordeal.


    Forging a brighter life and livelihood is now the topmost priority

    Gulam Aslam Siddique, 32
    Time spent in jail: 6 months
    Detained for: Hyderabad Mecca Masjid blast case

    Gulam Aslam Siddique still suffers from nightmares. He can’t forget the night of June 2, 2007 when a dozen policemen woke him up at 2 am, pushed him into a vehicle, blindfolded him and took him to an undisclosed location. For next 3 days, he was subjected to torture, mental and physical, intended to make him confess to the crime of conspiring in the Mecca Masjid blasts.

    His family went from pillar to post to find him. Theysent telegrams to the Police Commissioner, DGP, Chief Minister, Chief Justice of Andhra Pradesh and the State Human Rights commission. Finally, he was produced in court on June 5 and sent to jail. The charges included criminal conspiracy, sedition, and waging war against the government He was also branded as a SIMI activist. The next six months he spent in Cherlapally jail, knowing not what was in store for him. Finally he was released after a sessions judge at Hyderabad threw out the case stating “prosecution failed to produce any legally acceptable evidence to suggest that the accused conspired for waging war against the Government of India or made any attempt to bring in hatredness against the government.” Siddique and 20 others were released. “My real ordeal began after I got out,” says Siddique, who now ekes out a living fabricating iron grills. “I was like an untouchable. Friends would avoid me, relatives distanced themselves. No one would do business with me. My landlord wanted me to vacate. I was dying a hundred deaths every day.”

    But he is glad that the government saved his “izzat” by providing a character certificate exonerating him from any links with the blast.

    However, he is yet to receive the R3 lakh compensation that was promised. “I am not greedy,” he says. “If I get the money I will use part of it to expand my business and also give some to a fund to help victims of the blast,” said the father of four.

    — Ashok Das

    Not dwelling on the past, but looking to the future

    Mohammad Aamir Khan, 32
    Time spent in jail: Fourteen years
    Detained for: 20 blast cases across NCR

    Mohammad Aamir Khan has just returned from a children’s home where he gave a talk on leading a positive life. Till a few weeks ago, he was in jail as the ‘mastermind’ in 20 cases of bomb blasts across NCR. After 14 years in jail for crimes he didn’t commit, his resilience is admirable. “I’m looking for a livelihood which gives me self respect,” says Khan. Being the sole bread winner in the family, Khan needs a job to pay back debts from fighting his case. He also needs to pay for the treatment of his 70-year-old mother, bed-ridden with paralysis, which requires around Rs 5000 per month.

    Khan was a class 10th student when he was ‘picked up’ from Old Delhi’s Sadar area. But he continued his study with IGNOU in Tihar Jail. “I tried to turn the jail into a college for myself.” But, during the second year of his bachelor’s degree, Khan claims he was put in solitary custody for five months. It interrupted his studies. Now, out of jail, he wants to study further, “maybe law or journalism,” he says. “If journalism, certainly print journalism. It was my only window to the outside world for 14 years.” But, he recalls, the media once termed him ‘Pakistani’ while he was in Ghaziabad jail in 2007. “Fellow inmates taunted me saying I was a chhupa rustam but I never told them I was a Pakistani,” says Khan struggling with high blood pressure, a result of the third-degree torture he suffered.

    Khan is far from defeated and wants to move on. Although, he says, the cases slapped against him were more in number than his age, he does not dwell on them. “It’s a new life to me, I am living an unbelievable dream,” says Aamir. Ask him his age he says with a slight exuberance, “just two months and a few days.”


    Trying to make up for lost time

    Nazakat Quraishi, 29
    Time spent in jail: Three and a half years
    Detained for: 2008 Jaipur serial blast case

    On the night of August 24, Nazakat Quraishi, who was arrested along with others for the 2008 Jaipur serial blasts, was snuck away from the police station to a nearby forest, with heads covered. A dreaded thought buzzed in Quraishi’s mind — “It’s certainly going to be an encounter.” Eight days into illegal detention, with endless hours of questioning, pleading their innocence, yielded nothing to both sides. Perhaps, Nazakat thought, an encounter would be a relief. But that was not to be. The policemen returned them to detention. Nazakat believes, as a constable had said, that a judicial magistrate had raided the place. While in detention, Nazakat, a class 9th dropout and a motor parts dealer in Kota, was made to sign a number of blank papers. “It was as if I was applying for bank loans,” he says. Hooded and tied all along, only on the ninth day was he taken to court with seven other men. Charges were read out but it only added to the confusion. While the police claimed the Kota residents were held for Jaipur blasts, the cases filed against them said otherwise. It was rather SIMI related charges — membership and attending meetings. It left Quraishi’s family reeling as they didn’t know what to defend against.

    But before his guilt or innocence was proven in court, Quraishi endured a hellish experience. He recalls how he was kept naked in a cell in complete darkness for three months. Covered with a blanket and beaten, to avoid injury marks, tied in a hunched position for long durations was a routine. The case files were called ‘files of blast conspirators’. Even the jail had “Dreaded terrorists of SIMI are housed in this jail” written at its entrance.

    While he was in detention, his 52-year-old uncle was the only hope for the destitute Quraishi. Throwing into jeopardy his business of motor parts, his Uncle did all he could to get Quraishi released. Now, out of jail after more than three years, he is trying to re-establish his business. “The nightmare of jail is over now. But the terrible memories still haunt me,” says Quraishi.
     
  4. arya

    arya Senior Member Senior Member

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    well its not Indian story you can in all the world .

    usa, france,uk, ausstrila .

    dont you think Muslim religion leader think to clean the dirt part .

    no want to stand against hard liner .
     
  5. Godless-Kafir

    Godless-Kafir DFI Buddha Senior Member

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    This sure is going to kick up a shit storm. Every mosque and madrasa may use this to prove negative stereo types. Its better to keep such things under raps.
     
  6. nrj

    nrj Stars and Ambassadors Stars and Ambassadors

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    Every community is saying the same.

    Lets forget the religious aspect of suspected individuals & let Security agencies do their work. There is a reason they have discretionary powers & nevertheless they can be challenged in court.

    What's the big fuss in the name religion then? This is ridiculous journalism.
     
  7. Bachchu Yadav

    Bachchu Yadav Regular Member

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    This is wrong ! Government should apologize who have been wrongly placed in jail .
     
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  8. arya

    arya Senior Member Senior Member

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    govt should remove sir name thing.
     
  9. Godless-Kafir

    Godless-Kafir DFI Buddha Senior Member

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    What about that doctor Hanif Muhammad who was arrested in terrorist plot in Australia? didnt the PM intervene and bail him out of that? He even said the PM could not sleep that day night.
     
  10. Bachchu Yadav

    Bachchu Yadav Regular Member

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    Whose PM ? Indian or Australian ?
     
  11. The Messiah

    The Messiah Bow Before Me! Elite Member

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    Our police is corrupt and inept at investigation is no secret. Half the cases they frame innocent chaps even in petty criminal cases.

    Religion has got nothing to do with it...poor and helpless from all communities get framed by our police. Our investigation is so pathetic that even when they catch real culprit they cant prove in courts so judges hands are tied.

    Main thing on police mind is to close case on paper whether they catch real culrpit or not.
     
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  12. amitkriit

    amitkriit Senior Member Senior Member

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    Indian police has got sweeping power in the name of law-and-order, what we need is a series of police reforms to get them out of the colonial mentality.
    Why only the minorities, people are treated by the law-enforcement agencies according to their status.
     
  13. Adux

    Adux Senior Member Senior Member

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    The article making it sound as if only muslims are arrested by our Police in such a way
     
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  14. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    It's not that such cases are happening only in terror related cases, a great number of n
    ormal criminal cases under IPC also results into acquittal, actually it's a demerit of our legal procedure, and sometimes you can not blame police for this.Police can not arrest without a reasonable suspicion as per the provisions of law.

    This article is a hyped one with an agenda, i can tell you hundreds of non-Muslims are also being prosecuted in non-terror cases on regular basis who later get acquitted. Majority of real criminals gets acquitted for lack of evidence which happens due to slow investigation process and corruption in polic
    e and this doesn't means that they were not guilty!!
     
  15. Armand2REP

    Armand2REP CHINI EXPERT Veteran Member

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    France doesn't charge them without evidence. A number of suspects that were raided in the last month have been released.
     
  16. ejazr

    ejazr Stars and Ambassadors Stars and Ambassadors

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    I don't think the level of case fabrication and length of trials we see in India is in any of the countries you listed.


    This is not just a HR issue, it is a national security issue. Biased police officers round up innocent people and create false cases giving a false sense of security. Media starts creating reports on this "leaks" and then the criminal justice system takes 10+ years for some people to get a fair trial and get acquitted.

    This should be differentiated from genuine mistakes that a police officer may make in the initial stages of the investigation of course. But when you have cases of torture and coercion as stated here and FALSE cases being created, then the police officials involved in this should be punished.

    Muslim community is not defending terrorists. Even the mothers and fathers of those arrested have said that if it is proven that their son is a terrorist hang him. There is no sympathy for such people. But if they are innocent, then police officials are actually DIMINISHING India's security and are indulging anti-national activities.

    This is why police reforms are necessary. I have also said it before that there should be a double in the salary of police officials and also double the number of these police officials as well to remove the human capacity constrain. At the same time the media and political parties should not try to influence the investigation.

    This is an ongoing issue ofcourse, last year when CNN IBN did a show on those people who were framed in Mecca Masjid blasts

    You watch the eight part series on you tube. But I would like to point the video clip of one of the accused who mentions even after being put in jail, his family being affected and what his end sentiment is

    Watch from 3:00 onwards


    He explains his story in the earlier part of the program here
    Pt.2 Labelled terrorists, forced to live with the stigma (In Hindi/Urdu) - YouTube
     
    Last edited by a moderator: May 10, 2015
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  17. KS

    KS Bye bye DFI Veteran Member

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    irrelevant
    Only Muslims are being held without cases ? No...innocents from every community are being held....Till now there has been no conclusive proof against Sadhvi Pragya, Aseemanand, Col.Purohit etc.

    And every family member will only say their sons/husbands are innocent even if they are guilty of the most heinous of the crimes....not to mention the accused...use the Muslim card to get sympathy...the Muslim groups then start pressuring the Govt raising a hoopla about "innocent" Muslim youths held and asking them to be released...with their "secualrism" and more importantly votes at stake, immediately the govt gives in and even history chargesheeters are released. (like how many culprits/charge sheeters were recently released recently in AP because of pressure from MIM, a coalition partner)

    If police reforms are required, state the case as just innocent people (from all faiths) are being held without sufficient proof and hence reforms are a must...just dont use the Muslim card for anything and everything..its getting a bit tiring.
     
    Last edited: Apr 6, 2012
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  18. nrj

    nrj Stars and Ambassadors Stars and Ambassadors

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    I am going to edit the title of this thread & remove the word 'Muslims'.

    Use this thread for all cases alleging enforcement without proof.

    This environment is ridiculous case of counter-journalism backed by religious motives.

    Hindus are named without proof, Muslims are named without proof, Christians are named without proof. :rolleyes:

    Please lets not be divisive in our publishing activity.
     
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  19. arya

    arya Senior Member Senior Member

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    you are right,its not about religion its about law
     
  20. The Messiah

    The Messiah Bow Before Me! Elite Member

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    it is ploy of some people to be divisive.
     
  21. ejazr

    ejazr Stars and Ambassadors Stars and Ambassadors

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    Terror charge returns to haunt the acquitted - Times Of India

    KOLKATA: Two different individuals, two geographical locations but born to suffer a similar fate. Md Musarrat Hussain from Kolkata and Md Faisuddin Ahmed from Hyderabad have been psychologically affected after destiny played a cruel joke on them.

    Musarrat or Bobby had just returned from his office assignment at HMV Music, when he was told by his boss that Kolkata Police will check his 'credentials' at Lal Bazar and that he needs to spend a couple of hours with the cops. Three years later, he was sentenced to death for conspiring in the American Centre attack. It was not before another five more years that this printing press technician was acquitted by the Calcutta High Court.

    Now facing trial in the Supreme Court, after the cops challenged his acquittal, Bobby is broke. Even his father-in-law - who took up another job apart from practising as a doctor - can do little to fight his case in Delhi.

    Similarly, Faisuddin was mourning his cousin's death in Hyderabad's Gokul Chat blast in 2007, when police picked him up for orchestrating the same blast. The science student was finally acquitted a year-and-a-half later, but he stills suffers from a psychiatric disorder - he keeps looking backto check if cops with a quilt werefollowing him.

    Two different people held for similar charges - that of planning andabetting terror attacks which never got proved in the courts of India - for the subject of documentary filmmaker Shubhradeep Chakravorty's 'After the Storm'.

    The maverick director from Delhi - in his fourth attempt - tries to weave together the fears and uncertainty faced by seven men across the cities of Kolkata, Ahmedabad, Bengaluru and Hyderabad who were arrested by cops and spent up to 14 years in jail before being finally acquitted.

    "When I made the first three of my documentaries on Godhra and right wing fundamentalism, I was under the impression that these incidents were rare and limited to a few particular areas. However, when the idea stuck me one-and-a-half years ago, I was shocked to find that these incidents transcend geographical boundaries. I contacted 22 such youths out of which these seven men responded positively,'' said Chakravorty, a journalist-turned-filmmaker.

    Take the case of Shaik Abdul Kaleem. Back in June 2007, he was on his way to a friend's wedding, when Abdul was picked up by police and detained for three days before being nailed as the key conspirator who supplied RDX and SIM cards to the bombers of Mecca Masjid. Luckily, one-and-a-half years later, during an interaction with Kaleem in jail, another convict Aseemanand realized that an innocent man had been booked for his fault. This led Aseemanand to owe up to the blasts, bringing the first right-wing Hindu terror case came to the fore. "I still believe in democracy. But I demand the state to be a little more vigilant in its arrests. We should be compensated for all the pain we have gone through,'' Kaleem claimed through the documentary.

    Bobby, though, is not the only Bengal connection. The Ahmedabad ATS had arrested 26-year-old student Umar Farooque - whose father is an Imam - for plotting to kill some political leaders. After four-and-a-half years in jail, this Uluberia boy is currently debt-ridden. Asked to stay in jail, he was shown as arrested a month later. His sister Shaikh Parvana Parvin mentions in the documentary how she was ridiculed by neighbours after she was forced to take up a job that ran into late hours.
     

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