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Fact finding report on the assassination of five Muslim under trial prisoners at Aler Town of Telangana state Of India

by

Vikaruddin Ahmed

by Civil Liberties Monitoring Committee

A fact finding team of Civil Liberties Monitoring Committee comprising Lateef Mohammed Khan, Adv. D. Suresh Kumar, Ashala Srinivas, Kaneez Fathima, Adv. Mandakini, Adv. Greeshma, Adv. Md. Ismail Khan and Charan K.S conducted fact finding from 12th to 14th April 2015 and met the family members of the deceased, visited place of incident, met the police authorities and local people of Aler and surrounding areas as well as journalists who had covered the incident. The team members recorded the statements of all the people to find out the facts as to what actually happened in the Aler police station limits where five under trial prisoners were shot dead by the police personnel of escort party of central prison of wrangle district of Telangana a newly formed state of India.

According to the facts gathered by this team Aler is a town in Nalgonda district of Telangana state and is 77 kms from Hyderabad and 75 km from Warangal. Aler is a rural town and it is famous for Sri Ramachandra Swamy Temple and Jain temple. Aler is connected through road and railway. Aler is a mandal consisting of more than 20 villages. Elected member of Parliament is Dr. Narsaiah Boora and elected member of Legislative Assembly is Gongidi Sunitha Mahender Reddy and they are belongs Telangana Rashtraya Samithi (TRS). Aler police station is in high security zone and one has to go security check to go into the police station. The station house officer is headed by a sub-inspector of Police P. Raghavender. The Aler highway is a double road and very busy; it connects two districts namely Warangal and Nalgonda.

Facts of the case

1. Fact finding team visited the spot of the incident where the escort police of Warangal central prison shot dead the five Muslim under trial prisoners namely Viqar Ahmed, Syed Amjad, Mohd. Zakir, Dr. Mohd. Haneef and Izhar Khan. The place of offence is a remote place adjacent to sub-way which goes towards Kandigadla Tanda, outskirts of Tangatoor village of Aler police station. The trees on the side of the highway road had numbering by the forest officials and the two trees had 398 & 399 number on it and the bus was stopped exactly on this spot. There is also a pit beside this spot and there were blood stains and broken glass of the bus window pane on the road. The local people said that two side roads were blocked i.e. from Warangal towards Hyderabad and vice versa. They were able to reach only after few hours of the incident.

2. As per the police story, “on 17.04.2015 at about 07.55 AM the escort party consisting of RSI Uday Bhaskar and 16 other ranks went to central Prison, Warangal in mini bus No. MP 11/TR E 8217 and took custody of 5 UT prisoners i.e. Md. Jakeer UT No. 1002, Vikar UT o. 1064, Sayed Amjad Ali UT No. 1065, Izar Khan UT No. 1066, Md. Haneef UT No. 1077, to be produced before Honble VII Asst. MSJ Court Nampally, Hyderabad. On the way at about 10.05 hours when the escort vehicle reached out skirts of Tangatur Village UT Prisoner Viqar insisted to stop the vehicle for passing urine, after passing urine and getting into the bus the UT prisoners led Viquar pounced on the police party snatching an INSAS RIFLE by uttering words ‘MAR SALEKU, CHODNA NAHI’, The he opened fire on RSI Uday Bhaskar and party. In self defense police party opened fire resulting in the death of 5 UT prisoners name by Md. Jakeer UT No. 1002, Vikar UT o. 1064, Sayed Amjad Ali UT No. 1065, Izar Khan UT No. 1066, Md. Haneef UT No. 1077.

Viqaruddin Ahmed

3. Facts of the Story: As per the sources on 7th April 2015 two kilometer roads were blocked from two sides. The fact is that all the five deceased under trails were handcuffed and chained to their seats as evident from the images and videos of the encounter site. It seems clear that INSAS rifle was placed on their hands after they were shot dead. Rifles were locked and clean without any blood stains on it. No single police officer was injured in the whole incident and a cross firing scene was created by shattering the windows of the mini bus.

The spot where the encounter took place is deserted jungle area it seems unimaginable that an escort party will stop a vehicle in a deserted road to allow a prisoner to take a natures call. The story painted by the police is illogical to say the least.

The fact finding team met the family members of the deceased and came to know the following details:

Father of Viqar Ahmed, Mr. Mohd. Ahmed is a civil engineer. He worked in gulf country for many years; presently he has taken off from services and staying in his own house at Malakpet. He has five children, two sons and three daughters. Viqar was the younger son. This family is educated and well settled. His elder son is also a civil engineer. According to his father, Viqar was 34 years of age and got educated up to B.Com. Viqar was a calm and soft spoken person; he has religious in nature and has concerned for community. He was actively participated in 6th December Rallies organized by DJS. As his father and brother were working in gulf country, Viqar was looking after his female family members while undergoing education in Hyderabad.

Viqar’s father further said that everything was going fine until Makkah

Masjid bomb blast happened and then everything changed in their lives. Viqar’s name was implicated in the Makkah Masjid bomb blast case along with other youth. Then police started arresting and torturing Muslim youth. Due to the fear of police Viqar stopped moving out of the house and one day he disappeared. Then in May 2008, he heard his son’s name in the media that police is associating his name with DJS and blaming him for attack on police picket in the revenge of Makkah Masjid police firing on innocent people. Then he came to know that Ahmedabad police registered a case on his son for the conspiracy to kill Modi. Mr. Ahmed said that he is not aware of his son’s involvement in any crime. The cases which were registered against his son in Hyderabad, trial was going on in these cases, and almost 90 percent of trial had been completed and the charges against his son were not proved till then and in about two more months, the trial was to be completed and there were great chances of his son’s acquittal.

Mr. Ahmed also mentioned that whenever he went to see his son in the jail, he always complained about police torture on the way while returning from the court to the Warangal jail. On this, Viqar’s father had given an appeal to the chief justice of High Court to save the life of his son and order the state government to transfer his son from Warangal jail to Hyderabad. Mr. Ahmed also said that the court had given trial dates from 1st to 10th April. And on 6th April, Viqar complained to the Judge that his life is in danger, the escort police party is using abusing language, provocating and beating him. So he requested the Judge to transfer him to Hyderabad. On this the judge accepted his request and posted this matter to hear on 7th April.

Viqar’s father in a very depressed mood said that, “on 7th April my son could not reach the court and his expression of danger to his life became practical, on the other side we were waiting for him at the court and instead of seeing him at the court, we heard the sad news that my son has been brutally killed by the police”. His father rejected the police story and said that, ‘from 1st April, every day the police used to start from Warangal prison at 10 or 11 AM, but on this particular day i.e. on 7th April, the police started at 8am itself from Warangal central prison, this itself speaks volumes about the ill intention of police towards my son to kill him in cold blooded manner’.

Mr. Ahmed also said further that the person whose trial was going to complete and had full confidence on judiciary that justice will be done, why will he try to snatch the gun. There is no possibility of snatching the gun when his right hand is handcuffed and chained to the seat. He further stated that his son was in judicial custody and it was the responsibility of the judiciary to see that his son reaches safely to the court. At least now the judiciary should fulfill its responsibility to provide justice to his son.

4. Ishrat Banu wife of Dr. Mohd. Haneef stated that her husband was a practicing doctor and running his own clinic in Warsiguda area of Hyderabad. He is survived by one daughter and two sons. On 11th July 2010, at around 11am, policemen in plain clothes came to his clinic, spread a black cloth on his face and took him away in Tata Sumo. That time he was examining his patients. The woman who was cleaning the floor at the clinic saw this and informed his family. Then they searched him in all police stations and complained in one police station about this incident. They also gave complaint to the commissioner of police, home minister, SHRC etc. After three days i.e. on 14th July he was produced in Nampally criminal court. When they visited to see him at Cherlapally jail, he was unable to walk and he told them that he was tortured in 3rd degree, police made him drink urine, beat on feel soles etc. Dr. Haneef’s wife said that he was labeled with the charges of anti-national and giving shelter to Viqar Ahmed.

Ishrat Banu further said that they do not know who Viqar is! Her husband used to go to clinic from 10am to 2pm then come back home, spend time with his children and again from 6pm to 10 or 11pm till the patients visit he used to be at the clinic. Most of his patients were non-Muslims, she said. He never attended any procession or any kind of meeting. Even on 6th December he used to go to his clinic and attend the patients. When his family asked him why he does not close the clinic as it is black day, he used to reply that, ‘black day is for the whole world, but what about my patients, if I don’t go to clinic and give them injections they cannot eat food as they are diabetes patients’. Further his wife said, ‘a person who takes care of people’s lives, has been labeled with the conspiracy of killing Modi and put him behind the bars in 2012. Earlier my husband had participated in providing medical relief at Shah Alam relief camp in Ahmedabad after Gujarat genocide in the year 2002’.

She further stated that on 9th March 2015 he was brought to Cherlapally jail of Hyderabad from Ahmedabad and then shifted to Warangal central prison on 11th March 2015 in high security cell. The court had given dates from 1st to 10th April 2015 for trial and during this period they were daily brought and taken back from Warangal to Hyderabad and everyday they were tortured while going back. When they brought them on 6th April, Dr. Haneef had told his family members that he is feeling something danger to his life because of the escort police party attitude. Ishrat Banu also said that she had great hope that her husband would be shifted to Cherlapally jail as they already had told the judge that they have threat to their lives and the judge had also understood the matter. While weeping she said to us that on 7th April she got to know from the news channels that her husband has been killed by the police and later her lawyer also informed the same. She further said that when they were going to bring the dead body, they were passing through the same way where her husband was shot dead and she wanted to see that place through window but police brought a van in between and ordered the driver to move fast from that place. She also said that till they reached the hospital for her husband’s body, the hospital authorities already had done post mortem without their consent and in a hurried manner the police forced her to sign the papers and moved them from the hospital, the media persons wanted to speak to her but police did not allow them to approach her. Somehow she came along with the body to Hyderabad to perform the last rites; and she said that there were 8 bullet marks on the body, one bullet had pierced from one side of the forehead to the other side, one leg bone was broken, neck and back of the body had torture marks, the back body skin was all torn, and she felt that before killing her husband he might have been tortured severely. She raised the doubt that whether he was shot dead in the bus itself or shot dead somewhere outside and brought and placed him in the bus. She also recollected that once in the court, Viqar had pleaded the judge saying, ‘allegations are on me but the other youth had no connection with me, please leave them’. The other women who are the relatives of Ishrat Banu said that we had participated in Telangana movement, casted our vote in favour of Narsimha Reddy, TRS candidate from the Musheerabad constituency, who is now Home Minister. But why is he silent spectator today.

Mohd Zakir was another under tail prisoner in the same case. He was lodged in chanchalguda jail but on 6th April 2015 he was shifted to warangal prison and on 7th escort police party killed him on the way to Hyderabad. His family doesn’t have any knowledge of shifting of this youth from Hyderabad jail warangal jail. His family is from poor background. They are in shock and much afraid and not in a position to speak

It is necessary to mention here that in the year 2007, 18th May a terror attack in the form of bomb blast took place at Makkah masjid at Charminar during the Friday prayers. Many people died in the blast, hundreds got injured and then immediately after the bomb blast another terror act took place i.e. police firing on the innocent people who had come to pray at the Masjid, and who had come to know about their kin after hearing the news of blast and also those were helping the blast victims. Five people died in the blast and many more died and injured in the indiscriminate police firing. Immediately after the blast a section of police officers with the help of mainstream media blamed the Muslim community for the blasts. In this way, three terror attacks took place on Muslim community i.e. bomb terror, police terror and media terror. Muslims were much angry and they were in shock. Muslim’s political and religious leadership failed to fulfill their responsibility in this time of crisis. By taking the advantage of Muslim leadership silence, police targeted Muslim youth with impunity. At that time of crisis, Civil liberties monitoring committee conducted a fact finding of the whole incident, exposed the facts and initiated the movement against the greater conspiracy of the police to demoralize and create fear psychosis among the Muslim community by arresting the Muslim youth. Its logical end came with the acquittal of the Muslim youth by the court and apology by the then Andhra Pradesh government as well as compensation and issued good character certificate to the youth.

But in fact, it seemed to be the end but not in real sense. On every anniversary of Makkah masjid bomb blast, if anything happened in the city, it was linked with Viqar. But he never admitted these allegations in the court and he always said that it is a big conspiracy against him in which he is struck badly.

Role of Police:

The role of police is inhuman and highly objectionable. It is the practice of Hyderabad police to make fictitious stories on Muslim youth and create an image of terrorist. Then on that name they target and arrest large number of Muslim youth. This has become the trend since 1980s. The latest trend was Viqar, he was the target of police to whom other youth were also associated and killed. The fictitious image and story of Viqar was created by the police and media run that story in such a manner that the image of Viqar and the fictitious story was fixed in the minds of the people. Apart from this police also created a story saying Viqar told them that he wanted to avenge police firing on people and also arrest and torture of Muslim youth in the blast case. Now it is in the minds of the people who is the next target of police?

When the escort police shot dead these five under trial prisoners, Aler police registered a case crime no. 35/2015 against the dead youths under section 307 but refused to register a case against the police personnel involved in the killing, under section 302. Those who are approaching Aler police station including the family members of the deceased with a complaint to register a case under section 302 against escort police officers, local police are misguiding, misleading and confusing them but not registering a case on their complaint. Whereas according to the law police is bound to register an FIR whenever a complaint is lodged in any cognizable offence.

It is pertinent to bring on record Committee also made an endeavor to register a FIR against escort police officers by giving a written complaint to Aler PS. But in return SHO Aler PS registered our complaint in the already existing case of crime no. 35/2015 which is actually a 307 case booked against the slain youths. Moreover in the pretext of accepting our complaint SHO also issued a notice under section 160 of CrPC asking us to visit again to record our statement in existing police case, which committee has nothing do off. This is nothing but a bullying tactic by the police against general public to discourage them from setting criminal law into motion against guilty police officers.

We came to know that the station house officer P. Raghavender, SI has previously worked in old city of Hyderabad i.e. at Moghulpura police station and also in special task force and he is posted in Aler PS just six months back.

Here the police instead of working as per the law, entire police personnel of Telangana government came for the defense of killer police gang and using all their sources and mounting pressure on the government of Telangana not to take any action against the police personnel those who are involved in the killing.

Role of political class:

It is common practice of the political class that they always ignore the arrest, detention, custodial deaths and encounter killings of Muslims. They are always afraid that if they speak out, they will lose their Hindu vote bank and they also think that their contact with the ruling party may become unpleasant. So they carefully take steps in these matters. The discrimination of political class is clearly exposed in this incident of cold blooded murder of five under trial Muslim prisoners. Telangana state is under the rule of TRS party led by K. Chandrasekhar Rao who is also the Chief Minister and Mahmood Ali deputy chief minister of Telangana. These two responsible persons have not opened their mouth till date. This state has become a police state and it seems that Chief Minister and Deputy Chief Minister have become sub-ordinates to the police personnel. K. Chandrasekhar Rao, Chief Minister of Telangana state who had given assurances to the Muslim community during the Telangana movement, has now turned off his face and playing in the hands of police. The formation of SIT for investigation is a big joke with the community and this G.O. mentions the term “terror operatives”. This itself shows the seriousness of the government towards the investigation of the cold blooded murder of five Muslim under trial prisoners. The gravity of human rights violations can be imagined by seeing the killing of five Muslim prisoners by planting a false story.

The opposition party Congress thought it better to be silent in this matter. When our committee reminded Mr. Digvijay Singh Senior leader of congress party, why the Congress party is maintaining silence in the state of Telangana, he replied that the party has been issued the direction in this issue. But this committee came to know from the senior leaders of congress that Congress does not want to lose Hindu votes by talking on this issue. And now the corporation elections are also nearby. MIM and its alliance MUF are playing very safely and their tone is not so powerful and demanding. They are very submissive to KCR and the people are stun as to why the Muslim political class has become so helpless, weak and bounded they are unable to built pressure on the government to fulfill the demands.

Role of Media:

Whoever the Fact finding committee met, all of them expressed their anger on Media and clearly said that media is playing a communal card only to increase the TRP ratings and to attract their Hindu viewers. The victims’ families, the common people of the Muslim community, intellectuals and students of various universities raised the question as to how can the media conduct trial and come on conclusion that a person is a terrorist. Generally now the people are thinking that whenever a Muslim name comes, it is tagged with the term terrorist and it is very easy for the state, police and media to target Muslims by labeling terrorist. Especially Telugu media run the stories and conduct the trial 24×7. The victims’ families clearly said it is only because of this media that we lost our men and in our presence one media person from TV9 came to speak to Viqar’s father but he denied speaking to him and said that, ‘TV9 has destroyed my son’s life, I will never forgive them in my life’.

Role of Judiciary:

This committee during its fact finding mission met the lawyers and advocates of the under trial prisoners. They said that each time they had pleaded to the courts that their clients have threat to their lives. But judges did not take it seriously. Viqar’s father had submitted a petition to the chief justice of Andhra Pradesh to protect the life of his son and shift him from Warangal to Hyderabad jail. But chief justice of Andhra Pradesh simply ignored this petition. We came to know that on 6th April Viqar himself had submitted an appeal in written form to the court shift him to Hyderabad from Warangal saying his life is in danger and the escort party might kill him any time and the judge had agreed to hear it on 7th April. The family members of the deceased said that if at all the courts had taken this appeal seriously in the starting itself, and then their lives would have been saved. The family members asked this committee that their men were in judicial custody and police killed all these youth, then why the same court did not ask these police men as to where are the men who were in the judicial custody? Why the same court did not order the enquiry/investigation?

The lawyers are trying to approach the High Court asking to conduct enquiry after registering 302 case on the policemen. For this purpose they were going through the earlier judgments of Supreme Court, National Human Rights Commission guidelines on custodial killings, but they found it very strange that no where it is mentioned clearly to register case under section 302 on the policemen involved in the killing. Even the Supreme Court judgment which came in 2014 is very vague.

Observations:

1. The fact finding team observed that the Aler spot is the suitable place for carrying out extra judicial killing operation and the level of impunity is such extent it seems to be the Story of encounter given with the intention to let know the general public that the encounter was indeed fake and police can get away with it any time.

2. It is clearly observed that conspiracy can be seen behind this killing which was carried out in a well planned manner.

3. It seems that the top brass of Telangana police hatched the conspiracy and got permission from the head of the government to execute the plan.

4. It is observed that the police started journey from Warangal to Hyderabad at 8 am itself, so that they can carry the operation in the early hours; whereas generally they started journey at around 11am.

5. The escort police party Chief Uday Bhaskar, Reserve Sub Inspector of Warangal made a statement and registered a complaint at Aler police station, and has many loopholes which clearly indicates that the story is concocted and filmy script.

6. Family members had apprehensions from starting itself that their kin are not safe. Even the under trial prisoners mentioned many times orally and in writing that they have threat to their lives.

7. These youth were arrested in the year 2010 at Hyderabad with the allegations that they attacked the police personnel in the revenge of Makkah Masjid police firing. But the same youth were implicated in Gujarat cases of conspiracy to kill Modi. This has become a routine matter to implicate the Muslim youth in the conspiracy or anti national cases. Later they are killed in encounter.

8. From the family members statements it is clear that the youth were tortured after they were arrested and also tortured while returning back from the court to Warangal central prison.

9. The post mortem of the deceased was not conducted according to the NHRC guidelines. As per the family members there were many torture marks all over the body and to hide this, the police in a hurried manner asked the hospital authorities to conduct postmortem as soon as possible.

10. We can see the nexus between the different departments of the government in killing the five under trial prisoners and carrying out post mortem.

11. The terror operation that started against the Muslim community in the year 2007 it is still continuing. And the Muslim community is under target by the state terrorism, Hindutva terrorism and media terrorism.

12. Political parties’ discrimination is clearly visible in the encounter killing of Muslim youth under trial prisoners. The same political parties are condemning the Sesachalam encounter killings but they are hesitating to speak on Aler fake encounter.

13. Role of police is completely inhuman, they are misinforming, misguiding the entire civil society and the Aler SHO is misleading the investigation by stating that they have already registered a case under section 307.

14. Branding the Muslim youth as Terrorists and killing them in encounter has become common practice of Indian police and particularly Hyderabadi police is more perfect and they have specialization on implicating and killing of Muslim youth.

15. Muslim leadership failed to tackle the situation and is saying that all the atrocities and brutalities are happening on Muslims due to the formation of Telangana. It seems that this statement is given to wash off their hands from their responsibilities towards the community.

16. K. Chandrasekhar Rao who is the Chief Minister of Telangana is maintaining silence on the brutal killing of Muslim youth. This silence gives the impression that he was well aware of this cold blooded murder of five under trial Muslim prisoners. It also indicates that he wants to be close with the Modi government and induct his daughter in Modi’s cabinet. That is why these five Muslim youth who had the allegation of conspiracy to kill Modi, are killed.

17. The mindset of the state is itself communal, which is visible by the term “terror operatives” used in the G.O. by the Chief Secretary of Telangana government which formed SIT to investigate this issue.

18. Every civilized person of the society feel that media is playing irresponsible role and those who are running the media houses do not have journalistic values. All these media are labeling and calling these youth as terrorists, this is a very grave inhuman act as the dead bodies cannot speak and defend themselves. People believe that due to the media trial these five Muslim under trial prisoners lost their lives. Victims’ family members are holding media responsible for cold blooded murder of five Muslim under trial prisoners.

19. These five youth were in the judicial custody. Whenever there is a person in Judicial custody it is the responsibility of the judiciary to protect their life, but even after many pleadings to the judge and also sent applications to the chief justice , judiciary failed to protect the under trial prisoners. It was a grave negligence and after the death of these youth, there is no clear direction of Supreme Court as to what case should be registered on the police personnel. This committee strongly feels that judicial procedure system is under impunity.

20. Aler police registered a case under section 307 of IPC i.e. attempt to murder against the under trail prisoners who were killed by the escort police party, but not registering the case u/s 302 IPC against police personal who killed these handcuffed and tied with chained under trails prisoners. Common people are saying that how can police registered a case on dead person and how this dead person can defend himself.

Conclusion:

Five youth who were in the judicial custody, hand cuffed, and tied with chain were killed by the police while bringing them to the court of law. These are cold blooded political murder with a intention to send a message to the Muslim community. The story planted by the top brass of police is nothing but a bundle of lies and it seems that high level police officers already planned the killing of five youths to send the message to the Muslim community that their lives are based on the mercy of the police. It is a clear act of suppression. In this killing a particular mind set is working and it seems the Telangana police are completely under the influence of fascist mindset.

Five Muslim youths who were in the judicial custody, hand cuffed and chained were killed by the police ruthlessly and in cold blooded manner while bringing them to the court of law. The story planted by the top brass of police is nothing but a bundle of lies and it appears that high level police officers already planned a conspiracy for the killing of five youths and they have selected these particular under trail prisoners, to send the message to the Muslim community that their lives are based on the mercy of the state. It is a clear act of suppression. In this killing a particular mind set has been emerged in full-fledged manner and it is fascist mindset of state of Telangana government led by K.chandershaker Rao the chief Minister of Telangana state. The Telangana police are working completely under the influence of fascist mindset. By going through the facts and figure It seem that state has given free hands and license to the police to suppress them in the name of fight against terrorism. There is total impunity given on police brutalities in Telangana State. The cold blooded murder of five muslim under trail prisoners are actually is the target killing is nothing but political murder and community has termed it as “Assassination” of five under trail political prisoners. This program of targeted killing without prove of charge or trial, violates the constitutional guarantee of due process and it also violates international law. Because of this state sponsored assassination there is unrest found in people belonging to all quarters and they are thinking that “Right to life is in danger and more particular prisoner’s life is on stake.”

Demands:

The committee holds the chief minister of Telangana morally responsible for the Assassination of five Muslim under trail prisoners and administratively responsible for not fulfilling his responsibility and assurances given during the Telangana movement and election manifesto. Hence the committee demands the resignation of the chief minister Telangana Mr.K.chandershekhar Rao.

Prosecution should be launched against those policemen who opened fire on under trail prisoners.

The investigation should be immediately handed over to credible judicial authority.

Lateef Mohammed Khan, G. Secretary. CLMC

Civil Liberties Monitoring Committee. India
Amberpet, Hyderabad, A.P, India – 500013
Phone: 09391051586, 09347853843Fax: 040-27427860
Email: clmci@hotmail.com Website: www.civillibertiesindia.org

Slain Telangana undertrial's father moves court for CBI probe

by

Viqaruddin Ahmed

Hyderabad: The father of one of the five undertrial prisoners gunned down last week by police in Telangana has approached the high court, seeking a probe by the Central Bureau of Investigation (CBI) into his killing.

Mohammed Ahmed, father of Viquar Ahmed, filed a petition in the Hyderabad High Court on Wednesday, seeking directions to the Telangana government to order a probe by the CBI.

Alleging that his son and four others were murdered in cold blood by police, Ahmed pleaded that a First Information Report (FIR) be registered against 17 policemen in connection with the April 7 incident.

Ahmed said he on Saturday lodged a complaint at Aler police station in Nalgonda district but the police did not register the case.

Viquar and four others, all accused in the killing of two policemen, were shot dead by a police team near Aler on April 7 while they were being brought to Hyderabad from the Warangal Central Jail.

Police claimed that the policemen escorting the undertrials had to open fire as they tried to snatch weapons and flee.

The families of the slain undertrials and human rights groups have termed the incident “fake” and “stage-managed”. They said since all undertrials were handcuffed and chained to the seats in police vehicle, they would have no chance to snatch weapons.

The state government has ordered the probe by a Special Investigation Team (SIT), but the United Muslim Forum, an umbrella grouping of Muslim organisations, has rejected this. The forum is insisting on its demand for probe by the CBI or by a sitting judge of the high court.

The forum organised a protest meeting in Hyderabad late on Tuesday night. Abdul Azeem, a lawyer of Viquar and two others, told the meeting that a petition would be filed, seeking an independent probe.

Addressing the meeting, Majlis-E-Ittehadul Muslimeen (MIM) president Asaduddin Owaisi said if necessary the forum would hire top lawyers from Delhi to fight the case.

(IANS)

Telangana must investigate alleged extrajudicial executions of five undertrials: Amnesty India

by

Vikaruddin Ahmed

New Delhi: Amnesty International India  has asked the Telangana government ‘to order an independent criminal investigation into the killing of five undertrials by Telangana police on 7 April. ‘ according to its web site amnesty.org.in.

The Telangana police say the five undertrials – Viqaruddin, Amjad Ali, Mohammed Hanif, Zakir Ali and Izhar Khan – were being taken in a van by 17 policemen from the Warangal central prison to a court in Hyderabad. The police say that the undertrials attempted to overpower the policemen and snatch their assault rifles, and claim they opened fire in self-defense.

Video footage given to Amnesty International India by a journalist appears to show the five undertrials inside the police van after they were killed. All five appear to be handcuffed.

“Impunity for extrajudicial executions is a serious issue in India,” said Abhirr V P, Senior Campaigner at Amnesty International India.“Authorities in Telangana need to urgently conduct an independent criminal investigation into the case to determine if it involved extrajudicial executions disguised as ‘encounter’ killings.”

The five undertrials had been arrested on suspicion of killing two police officials and a state paramilitary official in different incidents between 2007 and 2010, and other offences.

On 1 April, two suspected members of a banned group allegedly shot dead two policemen in Nalgonda, Telangana. The police say that the suspects were killed three days later in an armed exchange with the police, in which another policeman was also killed.

According to guidelines issued by the National Human Rights Commission in 2010, alleged ‘fake encounters’ must be investigated by an independent agency. In September 2014, the Supreme Court stated in the PUCL versus State of Maharashtra case that killings in police encounters require independent investigations.

The UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions require that “[t]here shall be thorough, prompt and impartial investigation of all suspected cases of extra-legal, arbitrary and summary executions, including cases where…reliable reports suggest unnatural death in the above circumstances.”

Reign in the trigger-happy police force in Andhra and Telangana – statement by JTSA

by

fake_encounter

by Jamia Teachers’ Solidarity Association

JTSA condemns the killing of over 20 woodcutters in the Seshachalam forests and the 5 under-trials in Nalagonda (Telangana). In the first case, reports are already emerging that 7 of those killed, were taken in police custody a day before the encounter. This, along with other details such as bullet injuries on the chest, head and face, contradict the police version of the events. The scale of this violence is unprecedented and suggests how entrenched the culture of impunity is in the state police.

The photographic and video evidence emerging from the police van in which five undertrials – alleged terrorists – were killed by the police party, which was escorting them from Warangal jail to a court in Hyderabad strongly suggests this to be a case of cold-blooded execution in custody. The arms on the dead bodies of these five men – with their hands handcuffed to the seats of the police vehicle – appear to be clearly planted in order to ‘dress’ this up as an exchange of fire. Is it a mere coincidence that the judgment in the case of these five men was due to be pronounced soon?

All efforts must be made to ensure that the post mortem reports and other evidence such as ballistics and the clothes worn by the deceased in both the cases are secured and not tampered with. Time-bound high level judicial probes must be conducted into both the killings. Simultaneously, cases of unnatural death must be filed immediately and special public prosecutors appointed in consultation with the families to prosecute the policemen who participated in the massacres.

The media must follow these cases right through to their logical end in the fixing of accountability and not be satisfied with merely reporting the events as they have taken place.

However, the recent judgment on Hashimpura reveals the problems germane to doing justice to victims of encounters and custodial violence, that are near rampant. While the judgment does not deny the incident of 42 Muslim men being killed in cold blood by the PAC, there were no convictions because of the extremely weak nature of the evidence put forward by the prosecution. There is a need for a clear mechanism whereby either the prosecution or investigating agencies can themselves be held accountable. In heinous crimes such as cold-blooded massacres, how can there be no means to ensure that the investigating agencies and prosecution do their duty in fixing responsibility? Unless such a procedure or mechanism is evolved, justice will always elude the mechanical and cynical application of laws.

Two encounters and a democracy

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fake_encounter

by Samar

The world’s largest democracy witnessed its police force killing 25 of its citizens in two encounters in Andhra Pradesh. “Encounters”, for the uninitiated, are a euphemism for killing unarmed civilians in staged gun battles. The police version of both the alleged encounters is such that it could be laughed-off had they not been about the deaths of civilians.

The police version of the first encounter is that newly formed Red-sanders Anti-Smuggling Task Force spotted footprints of the “smugglers” and came across around 100 of them felling trees in the Seshachalam Forest at the foot of the Tirumala Hills. Members of the Task Force challenged them to surrender, but the woodcutters responded by pelting stones. The Task Force in turn responded to the raining stones by firing randomly at the woodcutters, which led to death of 20 of them; the rest ran away. “We fired random shots in self-defence”, a taskforce member told the national daily The Hindu on condition of anonymity.

Logs and slippers neatly arranged!

Yes, you have read it right. A “random firing” in response to stone pelting has resulted in the death of 20 woodcutters. One wonders what could have been the toll had the Force targeted the woodcutters in self-defense. Let us forget how disproportionate it is to use bullets for stones, even if the stones were “raining” down. The alleged encounter took place in a jungle after all and trees could have given ample protection till the Task Force was able to gather itself. But then, Indian law enforcers are used to responding to stones with bullets, for instance in Kashmir in 2010, where 112 people were killed. This included many teenagers and an 11-year-old boy. An uncanny question about this encounter is why the Task Force did not arrest a single person from amongst the remaining 80 or so smugglers. So, not even “dead or alive”, the motto seems to have been “dead or nothing” or “take no prisoners”.

If one finds this one strange, wait till you catch up on the details of the second encounter. This one took place in a jail van, where 17 security force members were taking 5 undertrials from Warangal Jail to a Hyderabad court 150 km away. Yes, you read this right too. This encounter happened inside a jail van with all of the undertrials killed, while unarmed and handcuffed to their seats. The police claims, as per a news channel NDTV that Vikaruddin Ahmed, one of the undertrials, asked to be released in order for him to answer nature’s call. Upon his return he tried to snatch a weapon. The police opened fire when other undertrials allegedly tried to snatch weapons too and this led to all of them getting killed!

How could Vikaruddin Ahmed attempt to snatch a weapon from the security personnel, as undertrials are never let-off alone, not even to use the toilet? As standard operating procedure, security personnel always escort undertrials. Furthermore, even if he did attempt to snatch weaponry, how come a 17-member security force failed to overpower him without firing? Were not remaining four, as per their own claims, still handcuffed and unarmed? Finally, while it is impossible to believe this uncanny and highly improbable story, why exactly did the police need to kill the other four undertrials?

The answers to all these questions are rather simple. The victims in the first case were poor tribal youth caught not only in between lucrative offers of easy money but also interstate (and interlingua) rivalries between the neighbouring states of Tamil Nadu and Andhra Pradesh. That they were not real smugglers but merely coolies for the smuggling mafia that enjoys state patronage on both sides of the border is something immaterial for the police, which could shoot them with impunity but will never dare to touch real smugglers. What should be really bothersome, however, is the way almost all of the Indian media carried the story, parroting the police version, including calling those dead smugglers. Most media houses did not bat an eyelid to ask the obvious: why fire on people pelting stones and how come the Force could not arrest a single person.

Victims of the second encounter came from another persecuted minority of India. They were accused of being members of a local terror outfit Tehreek-Ghalba-e-Islam and were suspected of various attacks on the police in Hyderabad, as well as plotting the murder of Narendra Modi, now Prime Minister of India. They were in jail since 2010. In this case too, the media did the same. A few of reports went to the extent of claiming that the gunning down had foiled a terror plot against Mr. Modi. Only later did the skeletons come tumbling out of the closet. The pictures showing the “terrorists” slain while still being handcuffed to their seats make it nearly impossible for the media to keep parroting the police version.

Security forces eliminating people in custody or with impunity in “encounters” is one of the worst kept secrets of India. The Supreme Court, in its order in Criminal Appeal No.1255 OF 1999, has called such killings nothing less than “state sponsored terrorism”. The Court had done so despite recognising the fact that policemen are indeed required to “take to take drastic action against criminals to protect life and property of the people and to protect themselves against attack.” And yet, it set stringent guidelines to be followed as standard operating procedure in cases of encounters. The guidelines begin from the point of a tip off that can lead to such encounters to video-graphing the post-mortem of individuals that happen to die in the process of police work.

What, however, is a Supreme Court order worth that carries no weight for the police. Let us forget the second encounter, as it is simply too frivolous to be true, and check the facts of the first one. Did the Task Force record the tip-off in any diary? Did it file the mandatory FIR following the encounter and forward it to the court under Section 157 of the Code without any delay? Were any of the guidelines fulfilled so that an independent inquiry could reveal facts about the deaths? One of the guidelines requires an investigation by the Crime Investigation Department or a different police station by an officer at least one rank above the involved officer does not make much sense as officers from whatever stations but same police force investigating an encounter is like asking the accused to investigate himself.

The efficacy of a magisterial inquiry, another guideline set by the Court order, is exposed by the one that was conducted in the custodial killing of Thangjam Manorama, a Manipuri village girl, in 2004. The report of the judicial inquiry commission, led by C. Upendra Singh, retired District and Sessions Judge, Manipur, was submitted in December the same year and was never made public until November 2014. The report indicted personnel of 17 Assam Rifles for “brutal and merciless torture” of Ms. Manorama. Yet this has not resulted in the prosecution of any of the accused and the compensation to the family of the victim. Going by the evidence available, the fate of magisterial enquiries, even those that have fulfilled their mandate, cannot be drastically different in other such cases.

This begets another question: are Indian citizens cursed to live with the danger of getting killed by someone obligated to protect their person and property? They may fear more if they come from vulnerable sections of the society. But should they fear less even if they do not?

Till someone takes the responsibility of reforming the criminal justice system of the country all Indians are in danger. A cruel, violent, and unjust system harbouring criminals in uniform will hurt one and all. The Executive is not interested in any such reform as this system serves its interests well. Will the Judiciary take onus to enforce its orders? And, will the civil society of India understand that having good laws and court orders is not real protection for the marginalized or even the mainstream population in such a criminal justice system?

The author is a Programme Coordinator, Right to Food, AHRC, Hong Kong.

Five undertrials shot dead by police in Telangana

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Vikaruddin Ahmed

Hyderabad: Five undertrials of Warangal prison facing different charges were shot dead by police on the Warangal-Nalgonda district border in Telangana when they allegedly tried to escape while being brought to a court in Hyderabad on Tuesday.

Among the killed was Vikaruddin Ahmed of Hyderabad, who was accused of shooting down two policemen some days ago in city and trying to recruit youth for the terror outfit he had allegedly launched on his own.

A convoy of three vehicles carrying the undertrials left the Warangal Prison at 8.30 a.m. The incident occurred on Hyderabad-Warangal Highway at around 10.25 a.m.
Police sources said, as the vehicles were reaching Kandigadda Thanda, Vikaruddin requested police to stop for a while to attend nature’s call. The five prisoners suddenly lunged at the escort policemen and tried to open fire after snatching a firearm from one of the policemen. Other members of the police party returned fire killing Vikaruddin and four others.

However, rights activists in Telangana have called this encounter a cold blooded murder. They have accused police of fabricating a story to justify the murder.

Other prisoners killed were Zakir, Amjad, Hanif and Izhar Khan. Warangal SP A.K. Jha and Range IG B. Malla Reddy rushed to the spot. The Nalgonda SP Vikramjit Duggal along with Hyderabad Range DIG Y.Gangadhar too arrived there. Hyderabad IGP Naveenchand rushed to the place and inquired as to how the encounter took place.

Later in the afternoon, the bodies were shifted to Area Hospital in Jangaon in Warangal District for post-mortem. As the incident took place inside Nalgonda District, a kilometer away from Warangal border, the Nalgonda police and revenue officials arrived at the hospital for inquest. Bhongir RDO Madhusudhan conducted the inquest.

The incident occurred close on the heels of a gunfight in Nalgonda district on Saturday in which two alleged members of banned Students Islamic Movement of India (SIMI) and a policeman were killed.

(Agencies)

Political prisoners and activism in the current dispensation – An interview with Arun Ferreira

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Arun Ferreira. Photo: IE

Arun Ferreira. Photo: IE

Arun Ferreira is a political activist based in Maharashtra. He was arrested in 2007 by the anti Naxal force on the charges of being an alleged Maoist. He was subsequently granted bail in 2012 and acquitted of all charges by various courts in January 2014. His book on his prison experiences titled – ‘Colours of Cage’ was released in 2014.

He continues to be politically active and has been since then associated with issues concerning rights of political prisoners. Through this interview we seek to talk about his current work as a political activist, his views on issues pertaining to incarceration of political activists in Maharashtra, as well as on issues concerning radical left and left movements in Maharashtra and India.

by Neeraja and Prathamesh, Sanhati

Q. Can you tell us something about your current work?

A. I’m currently helping a few organizations working on prisoners’ rights and with lawyers in cases pertaining to incarcerated political activists. I’m also studying law.

Q: Can you tell us more about cases in Mumbai regarding the arrest of political activists in which you have been helping with their defense?

A: Some of these activists implicated are Angela Sontakke, Sushma Ramtekke, Jyothi Chorge, Nandini Bhagat, Anuradha Sonule, Siddharth Bhonsle and Deepak Dengle. The first five of them are from Vidarbha and a few had been earlier implicated and made accused in a conspiracy case regarding the Deshbhakti Yuva Manch in Chandrapur. Siddarth and Deepak were members of the Kabir Kala Manch in Pune. The State has been attempting to project the Kabir Kala Manch as a Maoist Front organization and hence this case. The second batch of prisoners namely Sheetal Sathe, Sachin Mali, Sagar Gorke and Ramesh Ghaichore were later on arrested in this case. All of the accused except Angela, Sachin, Ramesh and Sagar are presently on bail.

It has been the traditional tactic of the state when arresting political activists to frame a criminal conspiracy in such cases. In this case, all are accused of membership and association with the CPI(Maoist), an organization deemed terrorist and thus banned under the Unlawful Activities Prevention Act (UAPA). These accusations are made on basis of possession of books and other literature.

Q. Is guilt then proven by association?

A. The UAPA allows for the determination of guilt on the basis of association and ideology. This is inconsistent with existing constitutional provisions of freedom of expression, ideology or association. The Supreme Court thus rightly concluded in the Arup Bhuyan and Indra Das judgements that mere passive membership in a banned organization does not make a person guilty. In that case the accused were allegedly members of a banned organization i.e. the ULFA. The Bombay High Court further developed on this interpretation while granting bail to Jyothi Chorge and others. But subsequent bail applications for Angela, Sachin, Ramesh and Sagar were not successful although the defence claimed parity in the application of the HC judgment. Many a time bail is granted on the subjective opinions of the presiding judge of the Bench.

Q. How does UAPA play a role here?

A.  The list of banned organization, which is referred under UAPA schedule, mentions that ‘CPI(Maoist) and all its fronts’ are banned. It is a rule in interpretation of statutes, that penal laws including any such list should be precisely worded. The question of an organisation being ‘a front’ is determined by an act of the armed forces or Intelligence agencies rather than concrete evidence. This determination allows organizations like the Kabir Kala Manch, or even National Civil Liberties organizations to be easily branded as Maoist fronts. It also makes this determination a subjective  whim of the police authority or the political bosses in power to declare any social and political organization as a front. Similar to the logic of how Greenpeace is now considered as anti-national by the IB. But here it is even more dangerous as such a determination causes a person to be detained for years on end.

Existing law allows for ‘abettors’ and ‘conspirators’ of an offence to be made culpable. However UAPA by determining guilt by association further stretches this interpretation of who is an abettor or co-conspirator. The use of law is such that many find themselves slapped with these charges, without concrete grounds of them being involved in a specific offence or an act of violence.

Q. How is membership of an organisation established in courts?

A. It is usually done by the means of establishing ideological moorings which in turn is often established by possession of books or computer files. Surrendered Naxalites are also used to give statements against the accused to prove membership or association. Under the Government’s Surrender policy, such persons will not be arrested or tried for offences they have committed on the condition that they co-operate with the police agencies. This so-called co-operation implies acting on the directions of the police authorities and fabricating statements as per their wishes. This makes their testimonies in court highly suspect.

Q. Can you tell us about arrests under UAPA in Maharashtra in recent times?

A. In Maharashtra, there are three types of arrests under UAPA. One would be those muslims arrested in blast cases, whether involved or falsely implicated. Secondly persons arrested for association with Naxalism. These primarily consists of Adivasis and Dalits. And lastly, some members of Hindu fascists associations such as Abhinav Bharat and Sanathan Sansthan. In Western Maharashtra, most of the political prisoner cases are on Muslims, with a comparatively few of Naxal related cases. In Vidarbha (Eastern Maharahtra) on the other hand, the bulk of the cases are Naxal related.

Recently in September 2014, Arun Bhelke and his wife Kanchan were arrested in Pune under charges of Naxalism. Arun Bhelke was the president of the Deshbhakti Yuva Manch, a youth organization in Chandrapur and a co-accused in one of my cases. Subsequent to these arrests police authorities started harassing activists of other mass organizations. This is the modus operandi of the State vis-à-vis suppressing organizations they perceive as a threat.

Q. How do you see the difference between the terror accused and those accused of being Naxalites?

A. Muslims arrested in terror related cases are tortured and treated more brutally. The anti-minority bias of the State is apparent in such treatment. They are sometimes even prevented in arranging lawyers for their defense— a direct violation of their fundamental rights. Innocent victims in all such cases, many a time fail to complain against such brutality and speak up in court. On the other hand, activists, whether members of SIMI or mass organizations alleged to be associated with Naxalism have always boldly defended their rights both before the Court and in prisons. They have historically been the leaders of prison hunger strikes and struggles.

Q. In a comment of yours on Sanhati pertaining to the debate on Kabir Kala Manch Defence Committee, you supported the opinion of how the state sometimes uses Civil society organisations as a co-opting tool. Would you like to elaborate on that?

A. My comment was in response to the debate that followed Advocate P. A. Sebastian’s opinion on ‘Co-option’. I thought that it was necessary to intervene as many comments advocated that Civil liberty organizations should further help bring rebels in the mainstream and surrender before the State. This is an extremely dangerous trend. Historically Civil liberties and democratic rights activists had a role in standing up for political activists and fighting for their freedoms, when they were arrested. Defense committees in the aftermath of the Telanghana struggles and during the Royal Indian Mutiny trials come from this tradition. If activists on their own accord choose to court arrest, civil society can then step in to defend their rights. However it would be wrong for Civil Society to act on behalf of the State to facilitate this act. This is a worrying trend.

Q. Can you briefly tell us about the history of progressive movements and activism in Maharashtra?

A. Historically two progressive movements have taken root in Maharashtra. One a strong anti- brahmin movement and the other emerging from the Socialist tradition. Communist movements had strong bases among the earlier industrial working classes. But this has declined down the years. The workers’ movements in Bombay started declining in the 1980s. The phase of militant trade unionism in 1980s can be described as a historic attempt for their survival against the assault of Capital which had other financial plans for Bombay.

The period of neo-liberal Globalization in Bombay saw a transition from Mills to Malls. This was also the phase that saw the rise and maturing of the right wing. With the Shiv Sena- BJP government in power major political events shaped city’s politics of the 1990s. One was the 1992-93 riots and the other was the slum demolition drives of 1996-97. Both changed the geography of the city and mindset of its inhabitants.

In Bombay, with the decline of its earlier working class movements, the landscape in activism is largely being dominated by NGOs. However there is a both a need and scope for newer forms of radical left politics to emerge, which could correctly address the issues of the people and also creatively defend itself from the onslaught of State repression. In the last ten years throughout the country, this repression has systematically destroyed all expressions of radical left in the cities.

On the other hand, in eastern Vidarbha, the existence and growth of the Naxal movement in Gondia and Gadchiroli despite severe repression remains a source of inspiration for every emerging generation.

Q.  Do you see resistance growing stronger, in the wake of the aggressive neoliberal agenda being pursued by Modi government? How do you see the political landscape changing in the Modi era?

A. It should happen, but one cannot be too deterministic about such matters. It is not a strict one to one correspondence between degree of exploitation or oppression and the rise of peoples’ resistance. Although the latter is determined by the former, other factors too have a role to play. The emergence of the present government has created an umbrella like situation, under which all forms of reaction are offered patronage. Be it the killers of Narendra Dabholkar, the perpetrators of caste atrocities or the attacks on Minorities in the form of Love Jihad and Ghar Wapsi. Even defenders of the environment are perceived as anti-development and hence ant-national. These are some of the dangers that are emerging. This in fact is what the corporate ruling class wanted in getting this government in power. However even in this situation, possibilities of mass resistance are immense. There are opportunities for the radical left forces to forge broad alliances with other sections. Broad fronts against Brahminical Fascism, against displacement and against the attack on established Civil Rights are bound to be the future scenario of the Modi-era.

Inside the Anda Cell: Excerpts from Arun Ferreira’s Prison Memoir

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Book excerpts from Arun Ferreira Colours of the Cage: A Prison Memoir

From 28 May to 14 June 2007, I was slapped with five more cases relating to Naxalite violence in Gondia, a district about 150 kilometres from Nagpur. Gondia and especially Gadchiroli, the other district lying at the extreme end of Maharashtra, are areas of intense Maoist activity. In almost all of Gadchiroli and parts of Gondia, armed Naxal squads have fought the police and paramilitary forces with support from the local tribals and peasants. This is in keeping with the Maoist strategy to establish revolutionary centres in rural areas in the hope of eventually growing to seize power throughout the country. It is no coincidence that these districts are also among the poorest areas in Maharashtra. In 2011, Gadchiroli had the lowest ranking on the state’s Human Development Index.

Arun Ferreira

The five new cases allowed the police to get me back into their custody for another twenty-three days, till 19 June. I was shifted to Amgaon, a police station in the interiors of Gondia, where I was subjected to more sleep deprivation, harassment and interrogation. This time though, I was fortunate to get away relatively lightly. But my co-accused were not so lucky. The police, under the direct supervision of the sub-divisional police officer, a man named Korate, injected petrol into the rectums of two of them. A couple of staff lifted their legs while an inspector infiltrated the 20 ml of petrol into their bodies. The vapours of gasoline burned the intestine linings, which resulted in agonizing days of anal bleeding, blood clots and continuous belching. I wonder how Korate knew that exactly 20 ml of petrol would cause such enormous pain yet not kill. Such knowledge could only have been acquired by some sort of training. Ashok Reddy did manage to complain to the court about this. However the state-appointed doctor, obviously a friend of Korate’s, diagnosed Ashok’s condition as piles and exonerated the officer and his accomplices.

I was, for reasons best known to them, protected from such treatment. The police would come by to interrogate me every couple of days—whenever they got a list of questions from a superior. When I didn’t reply to their first question, they never got further down the list, and that’s where the torture would start.

‘Arre, Bajirao ko bulao,’ the inspector would call.

A narrow belt attached to a wooden handle would be brought in by a constable—an implement that policemen across Maharashtra fondly call ‘Bajirao’. It takes its name from Peshwa Baji Rao, a lieutenant of Shahu Maharaj, a ruler who is credited with greatly expanding the Maratha Empire. Maharashtra’s police personnel, largely dominated by the Maratha caste, find this instrument similarly trustworthy. The Bajirao belt was deployed carefully, only on the palms or soles of the feet. When whipped, the cluster of nerves at the heel pad causes enormous pain but displays no external injuries, so I wouldn’t have any proof if I tried to complain to a magistrate. However, doctors know that such foot whipping can cause permanent nerve damage. It reduces the elasticity of the heel pad causing agonizing aches, especially on cold nights, for years afterwards. Such torture, though not so visible to the naked eye, leads to irreversible harm to the body.

Once in a while, often due to the inexperience or over enthusiasm of the torturer, this permanent damage extends to death. No wonder Maharashtra still retains its privileged position of having the highest number of custodial deaths in India. It recorded 22 in 2011, way ahead of Gujarat, which came next with 7 deaths. Invariably, the government’s National Crime Records Bureau (NCRB) attributes these deaths to natural causes or to suicide. People like Korate and his seniors are never held responsible.

Book-Colours-of-The-Cage_A-Prison-MemoirMuslims are represented in prison in greater proportion than in the outside world. In Maharashtra, they account for 36 per cent of the prison population, whereas in society their share is 10.6 per cent. Muslim festivals in prison are important events. During the Ramzan fast, entire barracks are emptied out to accommodate Muslims. Food is served in these barracks at timings suitable for their roza, and prison authorities sell fruit and dates during this month. For those in cellular confinement like the anda barrack, such community gatherings are not allowed. However the cries of the azaan and the sharing of iftaar delicacies lend a festive air to even the anda.

In my section of the phasi yard, Asghar was the only Muslim inmate. He was allegedly a co-conspirator of Javed (who was in the anda) in setting off blasts on the Mumbai rail tracks. Before he was arrested, Asghar Kadar Shaikh, a resident of Mumbai, had worked part-time as an auto-rickshaw driver and the rest of the time as a florist. In jail, he worked as gardener in the compound surrounding the phasi yard. He was also entrusted with the job of keeping the gallows clean, oiled and functioning. Despite the grim task he was expected to do, he was extremely friendly and witty. He always had a unique take on the world around him, and made for good conversation in the yard.

‘Prisons will improve only if election rules are changed,’ Asghar would often philosophize.

‘How come?’

‘Once prisoners are allowed to vote, politicians will then pay heed to our needs.’

‘You mean, inmates can’t vote? But isn’t that a fundamental right?’

‘Not for us. Hum voting kar nahin sakte lekin chunav ladh sakte,’ he answered. (We couldn’t vote but we could stand for elections.) He explained how Section 62(5) of the Representation of the People Act, 1951 disqualifies any imprisoned person, whether awaiting trial or convicted, from voting. However, Section 8 and Section 11A of the same act allowed undertrials and convicted persons under certain offences with sentences less than two years to contest elections.

‘Dekho,’ he went on, ‘in slums or villages, the needs of the poor are only fulfilled during general elections. We need to become a vote bank. Politicians would then value our voice and improve prison conditions.’

‘But such change will be superficial and short-termed, much like charity.’

‘Sahi hai,’ he’d continue, ‘but it will still be an improvement.’

Debates and discussions with Asghar would continue for days. He often articulated his preference for a death sentence to being imprisoned for his whole natural life. An instant death would immediately end the suffering of his family. It would, he held, allow them to start life afresh.

By June 2008, the number of us in the yard branded as terrorists started increasing. We got three more Muslim boys, Sajid Ansari, Muzzamil Sheikh and Majid Shafi, who had been arrested in 2006 and were accused of planting bombs in a Mumbai train that year. They had been thrashed by the prison authorities in Mumbai and arrived with multiple fractures and bruises. Sajid and Majid were young fathers who had only enjoyed a few months of parenthood before they were arrested. Muzzamil was still unmarried. The three were deeply religious and adherents of Ahl al-Hadeeth, believers in the strict interpretation of the Koran. Sajid and Muzzamil were residents of Mumbai and had earlier been members of SIMI. We had intense discussions on politics and Islam. They despised the Indian state’s treatment of Muslims and would never fail to express their views passionately. I had hoped to learn Urdu from Sajid, who was an excellent calligrapher and now regret having failed. Majid, on the other hand, was a romantic. He’d often speak about his family, his baby girl and the football he missed in Kolkata. From our discussions it became evident that Sajid, Muzzamil and most of their numberkaari were arrested merely because of their previous allegiance to SIMI. Majid, on the other hand, was implicated in the concocted police story because he lived close to the Bangladesh border. All of them faced the Herculean task of defending themselves from being convicted of a crime that had left 209 dead and over 700 injured. The well-oiled gallows haunted them daily.

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