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.

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Ram Puniyani
February 10,2020

Noam Chomsky is one of the leading peace workers in the world. In the wake of America’s attack on Vietnam, he brought out his classic formulation, ‘manufacturing consent’. The phrase explains the state manipulating public opinion to have the public approve of it policies—in this case, the attack of the American state on Vietnam, which was then struggling to free itself from French colonial rule.

In India, we are witness to manufactured hate against religious minorities. This hatred serves to enhance polarisation in society, which undermines India’s democracy and Constitution and promotes support for a Hindu nation. Hate is being manufactured through multiple mechanisms. For example, it manifests in violence against religious minorities. Some recent ghastly expressions of this manufactured hate was the massive communal violence witnessed in Mumbai (1992-93), Gujarat (2002), Kandhamal (2008) and Muzaffarnagar (2013). Its other manifestation was in the form of lynching of those accused of having killed a cow or consumed beef. A parallel phenomenon is the brutal flogging, often to death, of Dalits who deal with animal carcasses or leather.

Yet another form of this was seen when Shambhulal Regar, indoctrinated by the propaganda of Hindu nationalists, burned alive Afrazul Khan and shot the video of the heinous act. For his brutality, he was praised by many. Regar was incited into the act by the propaganda around love jihad. Lately, we have the same phenomenon of manufactured hate taking on even more dastardly proportions as youth related to Hindu nationalist organisations have been caught using pistols, while police authorities look on.

Anurag Thakur, a BJP minster in the central government recently incited a crowd in Delhi to complete his chant of what should happen to ‘traitors of the country...” with a “they should be shot”. Just two days later, a youth brought a pistol to the site of a protest at Jamia Millia Islamia university and shouted “take Azaadi!” and fired it. One bullet hit a student of Jamia. This happened on 30 January, the day Nathuram Godse had shot Mahatma Gandhi in 1948. A few days later, another youth fired near the site of protests against the CAA and NRC at Shaheen Bagh. Soon after, he said that in India, “only Hindus will rule”.

What is very obvious is that the shootings by those associated with Hindu nationalist organisations are the culmination of a long campaign of spreading hate against religious minorities in India in general and against Muslims in particular. The present phase is the outcome of a long and sustained hate campaign, the beginning of which lies in nationalism in the name of religion; Muslim nationalism and Hindu nationalism. This sectarian nationalism picked up the communal view of history and the communal historiography which the British introduced in order to pursue their ‘divide and rule’ policy.

In India what became part of “social common sense” was that Muslim kings had destroyed Hindu temples, that Islam was spread by force, and that it is a foreign religion, and so on. Campaigns, such as the one for a temple dedicated to the Hindu god Rama to be built at the site where the Babri masjid once stood, further deepened the idea of a Muslim as a “temple-destroyer”. Aurangzeb, Tipu Sultan and other Muslim kings were tarnished as the ones who spread Islam by force in the subcontinent. The tragic Partition, which was primarily due to British policies, and was well-supported by communal streams also, was entirely attributed to Muslims. The Kashmir conflict, which is the outcome of regional, ethnic and other historical issues, coupled with the American policy of supporting Pakistan’s ambitions of regional hegemony, (which also fostered the birth of Al-Qaeda), was also attributed to the Muslims.

With recurring incidents of communal violence, these falsehoods went on going deeper into the social thinking. Violence itself led to ghettoisation of Muslims and further broke inter-community social bonds. On the one hand, a ghettoised community is cut off from others and on the other hand the victims come to be presented as culprits. The percolation of this hate through word-of-mouth propaganda, media and re-writing of school curricula, had a strong impact on social attitudes towards the minorities.

In the last couple of decades, the process of manufacturing hate has been intensified by the social media platforms which are being cleverly used by the communal forces. Swati Chaturvedi’s book, I Am a Troll: Inside the Secret World of the BJP’s Digital Army, tells us how the BJP used social media to spread hate. Whatapp University became the source of understanding for large sections of society and hate for the ‘Other’, went up by leaps and bounds. To add on to this process, the phenomenon of fake news was shrewdly deployed to intensify divisiveness.

Currently, the Shaheen Bagh movement is a big uniting force for the country; but it is being demonised as a gathering of ‘anti-nationals’. Another BJP leader has said that these protesters will indulge in crimes like rape. This has intensified the prevalent hate.

While there is a general dominance of hate, the likes of Shambhulal Regar and the Jamia shooter do get taken in by the incitement and act out the violence that is constantly hinted at. The deeper issue involved is the prevalence of hate, misconceptions and biases, which have become the part of social thinking.

These misconceptions are undoing the amity between different religious communities which was built during the freedom movement. They are undoing the fraternity which emerged with the process of India as a nation in the making. The processes which brought these communities together broadly drew from Gandhi, Bhagat Singh and Ambedkar. It is these values which need to be rooted again in the society. The communal forces have resorted to false propaganda against the minorities, and that needs to be undone with sincerity.

Combating those foundational misconceptions which create hatred is a massive task which needs to be taken up by the social organisations and political parties which have faith in the Indian Constitution and values of freedom movement. It needs to be done right away as a priority issue in with a focus on cultivating Indian fraternity yet again.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 31,2020

Patna, Mar 31: In arguably the first of its kind incident in the country, a young man in Bihar was beaten to death precisely because he had informed the district control room about two corona suspects who had arrived here in the State from Mumbai.

The incident took place in Sitamarhi in North Bihar where a 20-year-old youth Bablu Kumar was allegedly killed by Sudhir Mahto and Munna Mahto.

The two Mahtos had arrived from Mumbai to Sitamarhi around ten days back. Bablu, in the meantime, informed the district control room about the arrival of two persons from a State where a large number of people were afflicted with coronavirus.

A team of doctors on March 24 reached Runnisaidpur in Sitamarhi to examine the two suspects. Three days later, these two persons from Maharashtra tested negative.

But the incident (of informing control room and subsequent medial test) created such enmity between the family of Mahtos and Babloo that on Sunday when they found the 20-year-old young man sitting alone, they thrashed him so mercilessly that he died on the spot.

Shocked and grief-struck, Babloo’s father Vinod Singh eventually lodged an FIR with the police and named Sudhir Mahto, Munna Mahto, and their family members as accused in the killing of his son.

The police on Monday raided the place and arrested the Mahtos.

But then, this is not an isolated case of violence. In another incident that took place in Bihar’s Jehanabad district, a BDO Ajay Kumar and a police officer Chandrashekhar Kumar were attacked by fellow villagers when the officials reached there to quarantine those migrants who had reached there from Delhi. So angry were the villagers with the officials’ move to isolate the migrants that they smashed the window-panes of the government vehicles and attacked the officials.

The officials had to beat a hasty retreat. But they soon returned with additional police team which used brutal force and took local leaders into custody before restoring normalcy in the area.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
June 4,2020

Bengaluru, Jun 4: All shops, offices, malls, commercial establishments and others in Karnataka must not allow Covid-stamped people to enter their premises before the completion of the prescribed quarantine time, said a top official on Wednesday.

"They should not allow those with quarantine stamp to enter before the end of their quarantine period or till they get current Covid negative test report," ordered Chief Secretary T.M. Vijay Bhaskar.

Bhaskar has also issued the order to all religious places, hotels and others to first check for quarantine stamp on all their customers or visitors before they enter the premises.

"All shops, commercial establishments, offices, factories, malls, religious places, hotels and etc.. are required to check for quarantine stamp on all their customers or visitors before they enter the premises," he said.

In the event of a violation, Bhaskar said the police should be informed at 100.

He issued the same order to the general public and resident welfare associations asking them to be vigilant.

"General public and resident welfare associations are advised to report any violation of the quarantine in their neighbourhood to the police at telephone number 100," said the chief secretary.

The orders came under the head aRole of general public, resident welfare associations and commercial establishments''.

General public, commercial establishments and resident welfare associations have been empowered to report quarantine violations at a time when many activities are set to reopen from June 8 as part of Unlock - 1, after more than two months of lockdown.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.