College to jail in bomb case: How cops destroyed 12 yrs of his youth

February 18, 2017

New Delhi, Feb 18: Mohammad Rafiq Shah was a student of MA (final) at Shah-i-Hamadan, Institute of Islamic Studies, University of Kashmir, Srinagar, when on the midnight of November 21, 2005, his world plunged into darkness.

youthHe was picked up by officials of Delhi Police's special cell and Special Task Force (STF) of Kashmir Police.Two days later - after allegedly subjecting him to torture and humiliation at an STF camp - they brought him to Delhi. His crime: he was alleged to have planted a bomb in a DTC bus in Govindpuri on October 29, 2005, which injured many people.

Twelve years later, when he walked free on Thursday - after additional sessions judge Reetesh Singh acquitted him of all charges - the police were facing serious questions of credibility and human rights violations. Rafiq's claim that "he was made an accused to assuage the public perception that Delhi Police was incompetent to act against terrorism" and that "he was a vulnerable target... made a scapegoat" rang true. Police, it seems, deliberately ignored his alibi at every step to prove their case . They brushed aside his plea that it could be proved he was in his class on the day of the blast. It relied on dubious witness es who ended up contradicting themselves, exposed Rafiq to many people when he was in custody before a test identification parade (TIP) could be conducted and suppressed inconvenient facts.

TOI had as early as on February 12, 2006, raised the question whether it "could be a case of harried cops under pressure to show results, targeting an innocent boy?" In a front-page report, "Delhi bomber was in class on October 29", we had reported that Rafiq was actually attending his MA classes in his college in Srinagar. It was also reported that Rafiq had refused to appear for TIP as he had already been presented before some people, one of whom could be a witness in the Govindpuri blast.

The ground had been laid in Srinagar where Rafiq -according to his reply during framing of charges on January 21, 2008 which was cited by the judge - was allegedly forced to drink urine, kept naked and sexually abused, all in order to perhaps break his spirit. He had also alleged that rats were put in his trousers and attempts made to hurt his religious sentiments. "It seems I am being victimised only because I am a Kashmiri Muslim," he said, expressing his faith that justice would prevail and the police get exposed.

The court drew attention to Supreme Court's observation that when it comes to the notice of the investigating agency that a person accused of an offence has a good alibi, then it is the duty of that agency to investigate the genuineness of the plea of alibi and submit a report to the magistrate. "In the case of Manu Sharma versus the State (NCT) of Delhi....Supreme Court had observed that the criminal justice administration system in India places human rights and dignity for human life on a much higher pedestal. An accused is presumed to be innocent till proved guilty and is entitled to fairness and true investigation and a fair trial. The prosecution is expected to play a balanced role in the trial of crime and the investigation should be judicious, fair, transparent and expeditious to ensure compliance with the basic rule of law," the court asserted. Rafiq's case failed on all counts.

First Delhi Police produced a witness, Danbir Sharma, one of the passengers in the bus, on the basis of whose description, they got a portrait made. However, Sharma later couldn't identify Rafiq. The portrait then disappeared mysteriously - pointed out by the judge - even as another witness, Rajeev Sinha, surfaced.

His and Sharma's description of the bomber were at variance. Singh described the bomber as a young man, 22-24 years of age with a French-cut beard and prominent nose, who was wearing a cap with `New York' written on the right. He said he was wearing a white shirt with grey stripes and cotton trousers, either blue or black. Sharma, however, said the bomber was a boy of 5 feet, 10 inches height and had `sanwla' complexion. According to him, he was wearing a `coca cola' coloured shirt and white trousers.

The defence later claimed that Rafiq had a full-grown beard when he was arrested. It was alleged that on November 25, 2005, inspector Badrish Dutt brought a barber to the special cell office and got his beard trimmed to resemble a French cut. He then took a photo of his on his cellphone.

Significantly , Rafiq had refused to participate in a TIP on the ground that he had been exposed to many people while in custody at Lodi Colony and his photographs taken. He particularly mentioned a man wearing spectacles with his lawyers later alleging in court that it was Sinha, a planted witness. Sinha later accepted that he wore spectacles.

Sinha had produced a ticket to prove his presence on the bus that day . This had been left unverified by the police for long though it could have checked its authenticity with the depot manager and the registers he maintained quite easily. It chose not to do so.

The police wrote to the Registrar, University of Kashmir, on February 17, 2006, regarding verification of admission and attendance of Rafiq but chose to forget about it in court. Later, it was claimed that because of vacations, the information could not be procured from the university . However, the judge saw through the charade. DCP S K Tewari had on February 27 - just 10 days after writing the first letter - asked the Registrar "Whether " A" or "P" is marked in the attendance register of the class?" The court said this question could not have been put to the Registrar unless Tewari had access to the attendance records - the ones later produced by the defence and seen by the court - and hence the vacation plea for not being able to verify Rafiq's presence "seems to be false".The court said that in all probability the records had been collected by the police.

The police claimed the other accused, Mohammad Hussain Fazili - who too was acquitted - had led them to Rafiq. Rafiq, however, told the court that he met Fazili for the first time on November 21, 2005, at the STF camp. Fazili, too, denied taking the cops to Rafiq and claimed he was himself misled into believing by inspector Badrish Dutt that he was wanted in connection with an inquiry in a case under the Wildlife Protection Act. He too ended up in jail for 12 years.

Comments

Abdul Aziz
 - 
Saturday, 18 Feb 2017

No need to worry
Allah Almighty has his own plans to deal with injustice people
that day no one can rescue from the everlasting pain and torture

its true
since Truth will prevail and evil will perish

TRUTH
 - 
Saturday, 18 Feb 2017

The evil authorities or those authorities who do such evil acts think that they will getaway from their evil crimes... We Muslims believe, if we dont get justice here... We will surely get the justice in the Court of the lord of the worlds... Allah is just and he will give justice one day... That day the evil people will REGRET and their punishment will be permanent unless they REPENT in this world and help the society to become and stand with the TRUTH...

Shaad
 - 
Saturday, 18 Feb 2017

Without proof and knowingly they kept youth in jail for nothing and with all the proof and clear cut of involvement of Prajna singh, she gets bail.

Waav, incredible law, handler and our ruler.

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News Network
March 13,2020

Bengaluru, Mar 13: Health Minister B Sriramulu on Thursday assured the House that the state government will recruit doctors in all Primary Health Centres across the state through direct recruitment by the end of April this year.

The minister was answering MLA A T Ramaswamy, who raised the issue of shortage of doctors on Thursday. Sriramulu said there are 2,359 primary health centres in Karnataka, of which 1,432 centres have permanent doctors, 436 have doctors on contract basis, 236 have Ayush doctors, 55 have doctors who work under rural service, and the rest work on contract basis under the National Health Mission.

Chief Minister B S Yediyurappa, who had recently directed ministers to cancel KPSC recruitment and go for direct recruitment, expressed his anger  as it hasn’t been implemented even now. Sriramulu said, “I have directed the concerned District health officer to take action and go for direct recruitment. It will be done by end of April.”

He also said he is aware of the difference in salary between doctors working under the health department and those working under the medical education department. “This will also be rectified,’’ he assured.

Meanwhile, Sriramulu said that a hospital that he had inaugurated recently in Mysuru, has been shut due to the lack of doctors and furniture. “This will be sorted out soon,’’ he assured.

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News Network
March 25,2020

Bengaluru, Mar 25: The COVID-19 count in Karnataka went up by 10 on Wednesday, reaching 51. The 10 new positives included two girls aged seven and nine who contracted the infection from their father.

The 34-year-old man had returned from Amsterdam on March 19 and tested positive as the 17th confirmed case in Karnataka.

Though his family were kept in isolation and under quarantine in their house, the children developed a cold. They were confirmed for COVID-19 infection while their mother is still negative.

The government remained tightlipped over whether or not a 70-year-old woman from Gouribidanuru who was put under house quarantine and died on Wednesday morning, tested positive for COVID-19. Government officials would neither confirm nor deny anything on the results of tests on the woman.

This evening’s bulletin issued by the Karnataka health department continued to indicate the strong correlation of coronavirus infection and foreign travel.

Among the positive cases identified today were

A 63-year-old Bengaluru man and his 59-year-old wife, with a history of travel to Brazil and Argentina.
Two 26-year-old men with a history of travel to Spain and arrived back in Bengaluru via Dubai.
Two others, a 63-year-old woman and her 69-year-old husband, had a history of travel to Athens and London.
A 34-year-old man, a resident of Udupi, who returned from Dubai
A 37-year old woman, a resident of Chitradurga, with a history of travel to Guyana and arrived back in Bengaluru via Delhi
Speaking to the media, medical education minister K Sudhakar said health officials were apprehensive the positives may go up tonight.

Of the corona positive cases detected in Karnataka so far, three have been discharged after quarantine, and 47 patients are in isolation at designated hospitals in a stable condition. There has been one fatality.

As per a recommendation by the high-level health committee, the government has decided to convert the Bowring Hospital into a coronavirus treatment hospital facility along with the Rajiv Gandhi Hospital for Chest Diseases and Victoria Hospital. 

“The number of positive cases are growing at an alarming rate and the government needs more treatment facilities. The government is for burning of COVID-19 death cases. However, due to some religious practices, it has been decided they would be buried in 8 ft deep pits,'' Dr Sudhakar said.

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Ram Puniyani
February 4,2020

As democracy is seeping in slowly all over the world, there is an organization which is monitoring the degree of democracy in the individual countries, The Economist Intelligence Unit. As such in each country there are diverse factors which on one hand work to deepen it, while others weaken it. Overall there is a march from theoretical democracy to substantive one. The substantive democracy will herald not just the formal equality, freedom and community feeling in the country but will be founded on the substantive quality of these values. In India while the introduction of modern education, transport, communication laid the backdrop of beginning of the process, the direction towards deepening of the process begins with Mahatma Gandhi when he led the non-cooperation movement in 1920, in which average people participated. The movement of freedom for India went on to become the ‘greatest ever mass movement’ in the World.

The approval and standards for democracy were enshrined in Indian Constitution, which begins ‘We the people of India’, and was adopted on 26th January 1950. With this Constitution and the policies adopted by Nehru the process of democratization started seeping further, the dreaded Emergency in 1975, which was lifted later restored democratic freedoms in some degree. This process of democratisation is facing an opposition since the decade of 1990s after the launch of Ram Temple agitation, and has seen the further erosion with BJP led Government coming to power in 2014. The state has been proactively attacking civil liberties, pluralism and participative political culture with democracy becoming flawed in a serious way. And this is what got reflected in the slipping of India by ten places, to 51st, in 2019. On the index of democracy India slipped down from the score of 7.23 to 6.90. The impact of sectarian BJP politics is writ on the state of the nation, country.

Ironically this lowering of score has come at a time when the popular protests, the deepening of democracy has been given a boost and is picking up with the Shaheen Bagh protests. The protest which began in Shaheen Bagh, Delhi in the backdrop of this Government getting the Citizenship amendment Bill getting converted into an act and mercilessly attacking the students of Jamia Milia Islamia, Aligarh Muslim University along with high handed approach in Jamia Nagar and neighbouring areas.  From 15th December 2019, the laudable protest is on.

It is interesting to note that the lead in this protest has been taken by the Muslim women, from the Burqa-Hijab clad to ‘not looking Muslim’ women and was joined by students and youth from all the communities, and later by the people from all the communities. Interestingly this time around this Muslim women initiated protest has contrast from all the protests which earlier had begun by Muslims. The protests opposing Shah Bano Judgment, the protests opposing entry of women in Haji Ali, the protests opposing the Government move to abolish triple Talaq. So far the maulanas from top were initiating the protests, with beard and skull cap dominating the marches and protests. The protests were by and large for protecting Sharia, Islam and were restricted to Muslim community participating.

This time around while Narendra Modi pronounced that ‘protesters can be identified by their clothes’, those who can be identified by their external appearance are greatly outnumbered by all those identified or not identified by their appearance.

The protests are not to save Islam or any other religion but to protect Indian Constitution. The slogans are structured around ‘Defence of democracy and Indian Constitution’. The theme slogans are not Allahu Akbar’ or Nara-E-Tadbeer’ but around preamble of Indian Constitution. The lead songs have come to be Faiz Ahmad Faiz’s ‘Hum Dekhenge’, a protest against Zia Ul Haq’s attempts to crush democracy in the name of religion. Another leading protest song is from Varun Grover, ‘Tanashah Aayenge…Hum Kagaz nahin Dikhayenge’, a call to civil disobedience against the CAA-NRC exercise and characterising the dictatorial nature of the current ruling regime.

While BJP was telling us that primary problem of Muslim women is Triple talaq, the Muslim women led movements has articulated that primary problem is the very threat to Muslim community. All other communities, cutting across religious lines, those below poverty line, those landless and shelter less people also see that if the citizenship of Muslims can be threatened because of lack of some papers, they will be not far behind in the victimization process being unleashed by this Government.

While CAA-NRC has acted as the precipitating factor, the policies of Modi regime, starting from failure to fulfil the tall promises of bringing back black money, the cruel impact of demonetisation, the rising process of commodities, the rising unemployment, the divisive policies of the ruling dispensation are the base on which these protest movements are standing. The spread of the protest movement, spontaneous but having similar message is remarkable. Shaheen Bagh is no more just a physical space; it’s a symbol of resistance against the divisive policies, against the policies which are increasing the sufferings of poor workers, the farmers and the average sections of society.

What is clear is that as identity issues, emotive issues like Ram Temple, Cow Beef, Love Jihad and Ghar Wapasi aimed to divide the society, Shaheen Bagh is uniting the society like never before. The democratisation process which faced erosion is getting a boost through people coming together around the Preamble of Indian Constitution, singing of Jan Gan Man, waving of tricolour and upholding the national icons like Gandhi, Bhagat Singh, Ambedkar and Maulana Azad. One can feel the sentiments which built India; one can see the courage of people to protect what India’s freedom movement and Indian Constitution gave them.

Surely the communal forces are spreading canards and falsehood against the protests. As such these protests which is a solid foundation of our democracy. The spontaneity of the movement is a strength which needs to be channelized to uphold Indian Constitution and democratic ethos of our beloved country.

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