The perception in the Muslim community following the bomb
blasts in Hyderabad and the police firing that occurred after the first
incident in May last year as well as the detentions and torture of Muslim
youth in the months that followed is something our government would be
well advised to address.
On May 18, 2007 a bomb exploded at Mecca Masjid in the old
city area of Hyderabad, sparking off angry protests by local Muslims.
While several people were killed and many injured in the blast itself,
several more were killed and injured in the subsequent police firing. The
police fired into the crowd allegedly because the "mob" tried to set fire
to a petrol pump and kill policemen guarding it, attacking them with iron
rods and other weapons. However, during the cross-examination of a police
witness before the Justice V. Bhaskara Rao Commission of Inquiry
(appointed to inquire into the incident that led to the police opening
fire), it emerged, among other things, that (a) the crowd had nothing but
stones in its hands, (b) the distance between the petrol pump and
policemen, and the crowd when it was fired at, was about a hundred feet,
and (c) from that distance it was impossible to either set fire to the
pump or kill policemen. The Hyderabad police’s version of events stands
falsified.
Following these events, the issue was brought before the
Andhra Pradesh State Human Rights Commission. The commission held hearings
and also saw video clips of the police firing. Video images showed the
police firing into the mosque through the grill, firing at a receding
crowd, firing at least one weapon not mentioned in relevant police
reports, firing from shoulder level, not firing below the waist and so on.
The police reports on the incident, prepared and filed by senior police
officials, were, when compared with the videos, established as false.
However, the State Human Rights Commission has, as far as I know, taken no
subsequent action in the matter.
A few months later Hyderabad was to witness more
explosions after two powerful bomb blasts shook the city on August 25 when
several dozen people were killed and many injured as bombs were set off at
the Lumbini Park open-air auditorium and at the Gokul Chat shop a few
kilometres away. Following this, the police are said to have started
picking up Muslim youth illegally, taking them to places on the outskirts
of Hyderabad, holding them in illegal confinement and torturing them on
suspicion. After petitions were filed for writs of habeas corpus (asking
that the youth be produced before a judge and reasons be given for their
detention) about 20 youth were gradually shown as "arrested" on subsequent
dates and as having been "produced" before magistrates. All of them
complained of persistent torture, degrading inhuman treatment and illegal
detention. Yet the state simply ignored their plight. It was as if the
Muslims were expendable, politically insignificant and simply did not
count for anything.
Meanwhile, the Andhra Pradesh State Minorities’ Commission
was also moved to act. The commission sent a fact-finding team comprising
an advocate commissioner, a professor of forensic medicine and others to
the Cheralapalli Jail where the team found and documented signs of injury
to the detainees that it attributed to torture. This included marks
resulting from being hung from the ankles and wrists, abrasions from
severe beating, burn injuries from electric shocks, marks of needles
pierced through the nipples, etc. Although dated to periods when the youth
were in police custody, curiously, the injuries found no mention in the
magistrate’s remand orders. Following these revelations, the state
administration sought to block the commission’s next visit to the jail and
it was weeks before this finally took place. Unsurprisingly, this was seen
as the state’s attempt at a rather hasty cover-up.
A report was then prepared by the State Minorities’
Commission and sent to the government along with its recommendations. The
State Minorities’ Commission report established failure on several fronts,
including the magistracy – magistrates before whom the youth were produced
after several days of torture and who failed to record visible signs of
injury on the detainees even in their remand orders. Once again, no state
action was taken following this report. On the contrary, there was an
attempt to prevent the commission’s effective functioning and at least one
statement attributed to a state minister labelled the minority
commission’s actions "irresponsible".
The reports filed by senior police officials before the
State Human Rights Commission and the State Minorities’ Commission also
stand falsified by the facts as seen in the video footage of events.
Preparing a document that contains a statement one knows to be incorrect
or untrue, placing it before an authority knowing it will be instrumental
in shaping opinion – aware that it will result in an incorrect opinion
being formed, amounts to fabrication of false evidence. Why and at whose
behest do senior police officials do this?
Since the youth were picked up and whisked away by
plain-clothes policemen to unknown destinations, applications for issuance
of writs of habeas corpus had been filed before the Andhra Pradesh high
court. But when the police reported subsequent "detention" of these
persons a week or ten days later, the cases were closed as a matter of
course. The police had no reason to fear any possible consequences of
their illegal actions, for the state has ordered no consequential inquiry
into allegations of police misconduct.
The Muslim youth under illegal detention were also denied
bail. Was this because of the detainees’ "terrorist" status, as the police
would have us believe? And yet, as recently as January 25, 2008, in a
letter to the State Minorities’ Commission the police commissioner stated
that it had not been established that any of those detained were
involved in the bomb blasts. What of the young lives that have been
destroyed in the interim?
The youth are still alleged to be involved in "processing
jihadi literature", whatever that means. Jihad has nothing to do with
explosives and terror; jihad means "striving". Jihad fi sabeel il-Lah
is "striving in the way of Allah". Working for an ideology is jihad.
Jihad fi sabeel al-communism would be striving to promote communism.
Jihad fi sabeel al-capitalism would be striving to promote capitalism.
My writing this article, to enable better understanding of a situation
faced by a segment of society, is jihad. Jihad is positive strife, not
negative destructive conduct. Does the state not know this?
Early in February 2008, following the complaints of
illegal detention, a delegation of the National Commission for Minorities
also visited Hyderabad and the team no doubt made an independent
assessment of the situation. It was perhaps as a result of this visit and
the reactions it provoked that several youth were released on bail after
months in prison.
Meanwhile, a law suit was filed some months ago seeking
compensation for the torture, illegal detention and wrongful confinement
of the Muslim youth. The matter was heard by the court several times and
public notice was ordered and issued. But the suit is still to be
registered and remains under consideration with orders slated to be
delivered on February 29. Ordinarily to be registered by the chief judge
of a city civil court, the suit was transferred to the court of another
judge even before this stage was reached. Does one even need to ask
whether this is at all unusual?
If Muslim youth are detained on unsubstantiated suspicions
based only on their allegiance to a religion, if they are held illegally
and tortured, denied bail and kept locked up for months, if every effort
to seek justice within the system is blocked by the state, if the
judiciary demonstrates no sensitivity to what is going on, what does the
ordinary Muslim feel and think? What does anyone who is deprived of
justice within a system think of that system? Is the state unaware of the
adverse consequences of polarisation for society if this perception is
allowed to take root? Which of the state’s officials are acting thus, and
toward what end, and based on what ideology? What is their "jihad"?
Does the intelligence network work at all?
Most Muslims are disillusioned with the government’s
handling of the entire affair. There is disappointment too with the State
Human Rights Commission’s far from adequate response; the commission could
even have taken suo motu action (notwithstanding its chairman’s absence
from the country at the time: it does have other members). Muslims cannot
help but wonder if their cases are viewed differently from those of
others. They no longer ask if the police and the state executive
are hostile to them; they now ask why this is so. They ask if the
"benefits" announced for Muslims are mere sops used as a device to get the
uproar to die down now that we face an "election year".
When video footage of the police firing was shown during
proceedings before the Bhaskara Rao Commission of Inquiry on February 26,
2008, it was noticed that the video clips that were shown were not the
ones that had been earlier submitted as evidence. How did this happen? The
state’s explanation that the DVD could not be played and hence files had
been transferred on to CD rings hollow (a DVD has a 4.7 GB storage
capacity while a CD only has a capacity of 700 MB). Moreover, the two sets
of video clips were different in content. Ultimately, the commission
allowed the correct footage to be shown from a backup recording. What if a
backup had not been available? Why are such aberrations allowed to occur,
in a matter that affects such a large segment of the population?
However, despite their disillusionment Muslims do believe
that the state can salvage the situation if positive elements within it
step in and take remedial measures. In their view the state administration
is simply not doing its job and the "top brass" is either (a) not briefed
correctly or (b) does not care: in either event, making it unsuitable to
govern. Perceptions on issues like security, safety, rights, justice,
opportunities and so on, alongside basics such as food, water and
education, influence voter behaviour. The state seems to have failed the
Muslim community on every count. Officials are utterly callous and the few
who do respond to the more serious Muslim concerns are openly and
unceremoniously transferred to other positions notwithstanding the
negative message this conveys. Are these not punishments meted out to
secular and honest officials?
If these grave concerns are not redressed, if policemen,
government officials and politicians are not held to account, if immediate
confidence-building measures are not put in place and implemented with
well-intentioned officials being posted in key positions, the writing on
the wall is far from encouraging.
Is anyone listening?