To,
The
Prime Minister, India
The
Chief Minister, Uttar Pradesh
Sirs,
Wishing
you a radiant Diwali, we would like to share with you a distressing dilemma.
Due to the acquaintance of the persisting injustice in our society, one is
compelled to take action driven with urgency, regardless of the occurrence of
this joyously celebrated festival. We request you to read and thoroughly
consider the written manifestation of the struggling people.
On 11th
March 2009, in Bazardiha area of Varanasi, Uttar Pradesh, police opened fire
indiscriminately on a crowd gathered to commemorate a Hindu ceremony in a
majorly Muslim populated area. All of the victims belong to the Muslim
community who were just bystanders or passing by the site. 2 young persons were
killed and 8 were injured by being fired at by the police. All of the victims
belong to the weaver’s community and are struggling with their families to
survive due to the death or disability of their sons,
caused by the police. In spite of rigorous perseverant efforts of
seeking legal justice since more than three years, at the local, state and
national governments, and Human Rights institutions, the victims have not
received compensation; rehabilitation and the perpetrators have not been
punished.
While
perusing through the happenings of this horrid incident and many cases of
torture filed at the National Human Rights commission by People’s Vigilance
Committee on Human Rights (PVCHR) we realized the vital need for intervention
for creating a pluralistic democracy. On comparative study of the cases we have
identified patterns of biased, discriminatory action taken by the National
Human Rights Commission (NHRC) towards the victims who belong to the Muslim
minority community.
Link:
We
appeal to you to create definite rules of procedures for the cases of the
minority and marginalized, at the level of the administrative, state and human
rights commissions and institutions. These rules of procedures will spread the spirit
of the constitution and the international human rights standards and prevent
the influence of any bias, prejudice and discrimination.
With
kindest regards,
Lenin
Raghuvanshi
Secretary General
Peoples' Vigilance Committee on Human Rights
Secretary General
Peoples' Vigilance Committee on Human Rights
Gwangju Human
Rights Award – 2007
Association of
Cultural Harmony in Asia (ACHA) Star Peace Award – 2008
Director of ACHA -
Since 2009
International Human
Rights Award of Weimar (Germany) - 2010
SA4/2 A Daulatpur,
Varanasi - 221002
Mobile No: +91-9935599333
Mobile No: +91-9935599333
A brief out sketch of the
indiscriminate police firing in Bazardiha and tabular timeline of the extensive
labor done by People’s Vigilance Committee for human rights and Dignity: Danish Institute against Torture is also presented below.
This is
an example of the laxity of the administration, state and human rights
commissions in bringing about justice to the victims of brutal torture and
organized violence.
Brief sketch of the police firing based on the
testimonies given by victims of the police firing.
On the
11th of March 2009, Matkafod was held by Mr.Mata Prasad in front of
his house in Bazardiha area of Varanasi which is a densely Muslim populated
area, for which a large crowd of Hindu community members had gathered (from
other areas of the city). After the matka (small earthen jar) was broken the procession
moved towards the Kolhua Mosque. Dirt, colors and alcohol bottles were thrown
at the Mosque, followed by derogatory slogans belittling Islam. The elderly of
the Muslim community could not tolerate it any more as similar debasing conduct
had been repeated in the preceding 3 years.
So they approached few out of the 20-25 policemen who had been posted
near the mosque to take control over potential display of derogatory behavior.
The police commanded the complainants to overlook what had happened as it was
an ordinary happening which didn’t need any consideration. When the offended
members of the Muslim community persisted on their appeal to the police to take
action against the mischievous persons, they were retorted back with abuses and
threats. All of a sudden, someone from Mata Prasad’s house threw a brick
towards the police, which was followed by a stone thrown towards the house from
the facing lane. The police reacted impulsively by indiscriminatingly firing at
the crowd. As the people ran haywire and hid, trying to save their lives, two
young boys were shot dead and 8 others were injured by the gun bullets. The
police and the people of the neighborhood (from varying religious background),
took the injured and almost dead persons to the nearest hospitals. Each of the
10 victims was Muslim aging between 17 and 25 years of age. The victims were
alarmed and baffled in pain when shot, as they were innocent passersby’s who
had committed no crime.
On 13th
March 2009, Mukhtar Ahmad, father of deceased Moin Akhtar (age 22), lodged an
FIR against Shamsher Singh in-charge of Bazardiha police out-post, R.B Singh
Station House Officer of Bhelupur police
station, Babu lal (a local leader), Vijay Vishawakarma (local cooperator),
Sanjay Nath Tiwari Station House Officer of Sigra police station, Mata Prasad
and other police men involved in the firing under section 302, 307, 147, 148,
149, 504, 506, 336, 295 of the Indian Penal Code. Mukhtar Ansari also sent a
complaint to the NHRC appealing for justice. The police also filed an FIR,
explaining the happening as a communal riot in which ‘unknown’ 500 persons were
involved, which justifies their firing in the air, on receiving orders from the
District Magistrate. Legal evidence clearly proves the story made by the police
incorrect.
On the
same day of the incident, People’s vigilance committee for human rights was
informed of the incident, within an hour of which the news of the incident was
posted on the online edition of Times today as ‘What is bigger tragedy: Clash or penury?’. Throughout the years
numerous articles were published in local and national newspapers and other
media.
PVCHR with the collaboration of Danish
organization Dignity: Danish Institute against Torture provided psychological
support through testimonial therapy to Mr. Mukhtar Ahmad and Mr. Salim, the
fathers of the two deceased youngsters Mr. Moin Akhtar and Mr. Khali-uj –Jama
who lost their lives in the police firing. The 8 injured persons were also
given testimonial therepy.
On 18th November
2009, Mr. Mukhtar Ahmad and Mr. Salim were honored by Dr. Sayeda Hameed, Member
of Planning Commission, Government of India in the “People’s Tribunal on the situation of Muslim minority” at the
Paradkar Smriti Bhawan press club in Varanasi.
The tribunal was organized with the joint collaboration of
People’s Vigilance Committee on Human Rights (PVCHR), Bunkar Dastakar Adhikar
Manch (BDAM), Voice of People (VOP), Education Resource Centre (ERS), Citizen
Front and Jaradoj Dastakar Union and supported by Sir Dorabji Tata trust (SDTT)
at the Paradkar Smriti Bhawan press club in Maidagin, Varanasi.
Dr. Sayeda Hameed, Member of Planning Commission, Government of
India chaired the tribunal. The other jury members were Muniza Rafiq Khan,
Registrar, Gandhi Vidya Sansthan, Mr. Mohan Lal Panda, Mr. Kamlesh Chandra and
Mr. R.B Pal, Chief Secretary, Voice of People.
Over the years numerous letters, appeals and RTI were filed to
the administrative and judiciary institutions and commissions. Only 25,000 rupees has
been given to the two families of the killed persons, which is negligible to
what the victim’s family has a right to be provided and the 8 seriously injured
have not been given any compensation and rehabilitation.
The police has submitted and taken the support of a forged
report which accuses the victims of being mischievous perpetrators of communal
clash and defend themselves by saying that they followed orders of their
seniors and fired in the air, due to which accidently some were shot. Evident
proof has also been submitted which prove the story of the police a creation of
their imagination.
The present scenario
The
National Human Rights Commission (NHRC) closed the file written by Mukhtar
Ahmad who asked for inquiry into the incident and compensation for the death of
his son and the son of Mohammad Salim. NHRC closed the case as the National
Commission for Minorities had taken contingence before the NHRC.
On 5th
February 2010, PVCHR wrote to NHRC requesting them to direct state authority to
provide immediate medical support and compensation to Abdur Rahman, one among
the eight injured survivors of the police firing, who has been suffering
terrible physical condition. NHRC clubbed this case number 35900/24/72/2010 with
above mentioned case 52089/24/72/08-09 because according to them they ‘relate
to the same subject’. On 9th
October 2010, victim Abdur Rahman’s case was also closed because the case filed
by Mukhtar Ahmad was closed earlier due to the explained reasons. The police
has very cleverly filed an FIR and reported to the National Minority Commission
that the police firing was done under orders, to control communal riot. This is
a forged story that there was a communal riot in which 500 people were
involved, so as to make it a very complicated case. The two cases are different
and should not have clubbed together and closed. The National Commission for
minorities has not taken appropriate action and implementation of Section D of
Prime Minister’s New 15 Point Programme for Welfare of Minorities has also not
been done.
The
fight for justice is still on. The case is also being fought at the court. The
victims, their families and PVCHR will persevere till justice is realized.
Timeline
of deliberations done to bring justice-
Date
|
Action
|
11th
March ‘09
|
Indiscriminate
police firing in Bazardiha, Varanasi. Killing 2 and injuring 8 youths
|
13th
March ‘09
|
FIR
lodged by Mukhtar Ahmed, f/o Moin Akhtar killed in firing, at Bhelupur police
station.
|
17th
March ‘09
|
Letter
to Chief Election Commissioner to the government to provide compensation to
family of deceased and injured by Dr. Lenin
|
17th
March ‘09
|
Letter
to the Chairperson of National Human Rights Commission by Dr. Lenin
requesting to set up an independent inquiry of the case through CBCID and to
convince the appropriate government to grant appropriate compensation to the
family of deceased and injured.
|
17th
March ‘09
|
Letter
to the Chairperson of National Human Rights Commission regarding problem
faced by PVCHR due to non- receipt of its official letters.
|
24th
March ‘09
|
Letter
to District Magistrate, Varanasi from NHRC, directing the DM to enquire into
the incident and send a report to the NHRC for perusal
|
7th
Nov ‘09
|
Letter
to Chief Minister of Uttar Pradesh to order fair investigation into the
police firing so that they get compensation
|
7th
Nov ‘09
|
Urgent
appeal program to Home Minister, Director General of Police, Chief Minister
of Uttar Pradesh, Inspector General of Police Varanasi, The Chairperson of
National Human Rights Commission of India, Dr.Sayeda Hameed, member of
Planning Commission, Chief Secretary of Government of Uttar Pradesh, Governor
of Uttar Pradesh, Chief Justice, Allahabad High Court, Prime Minister of
India
|
23rd
Nov ‘09
|
Letter
written to Prime Minister by PVCHR to implement Section D of Prime Minister’s
New 15 Point Programme for Welfare of Minorities
|
23rd
Nov ‘09
|
Letter
written to Shri .P.Chidambaram, Minister of Home Affairs regarding
implementation of Section D of Prime Minister’s New 15 Point Programme for
Welfare of Minorities
|
3rd
Dec ‘09
|
Letter
to Chairperson of National Human Right Commission to implement Section D of
Prime Minister’s New 15 Point Programme for Welfare of Minorities
|
18th
Dec ‘09
|
Ali
Anwar Ansari, member of Parliament, Rajya Sabha writes to the central
government about the plight of the weaver community and the urgent need to
provide compensation to the weaver victims of the police firing.
|
19nd
Jan 2010
|
Letter
to Chief Secretary, U.P to speedily provide for compensation to the victim
families.
|
23rd
Jan 2010
|
Letter
written to Special Secretary, Home, Government of Utter Pradesh to provide
compensation to deceased and injured persons and to direct National authority
to order state and district authority for fair investigation by independent
agency such as state CBCID according to NHRC guideline by Dr. Lenin.
|
3rd
Feb 2010
|
Complaint
addressed to President of India regarding police firing in Bazardiha
|
5th
Feb 2010
|
Letter
to Chief Minister of Uttar Pradesh government to direct state authority to
provide immediate medical support to Adbul Rahman and allotment of BPL red
ration card.
|
5th
Feb 2010
|
Letter
to Chairperson of National Human Rights Commission to direct state authority
to provide immediate medical support to Adbul Rahman and allotment of BPL red
ration card.
|
6th
Feb 2010
|
Letter
to Sayida Hameed, member of Planning commission to order the implementation
of weavers welfare programs for the victims’ families.
|
6th
April 2010
|
Letter
from NHRC acknowledges that they have been directed by the President
Secretariat to take into consideration the police firing case no.
52089/24/72/08-09
|
20th
July 2010
|
Letter
to Chairperson of National Human Rights Commission regarding Khaliquzzaman
s/o Mohammed Salim. Case no. 28972/24/72/2010, requesting them to direct fair
investigation and bring justice by punishing the perpetrators.
|
21st August 2010
|
Letter
from NHRC to PVCHR informing that Khaliquzzaman s/o Mohammed Salim. Case no.
28972/24/72/2010 will be transferred to Uttar Pradesh State Human Rights
Commission as the complaint relate to the matter which is a subject of the
state.
|
9th
Sept 2010
|
Letter
from National Human Rights Commission to PVCHR wrote that case no.
35900/24/72/2010 was closed upon consideration as it relates to the same
subject of case no. 52089/24/72/08-09, which has been closed as well under
Commission’s order dated 18.06.2010
|
Right
to Information files submitted-
Date
|
Efforts
|
17th
Dec ‘09
|
Upendra
Kumar filed a RTI enquiring into why Mr.Salim has not been given 25,000/-
from the Chief Minister Relief fund when Mukhtar Ahmad has received and when
he will receive it.
|
8th
Jan 2010
|
Reply
to the RTI filed by Upendra Kumar on 17th Dec 2009 sent. It said that on receiving governments
grant, Salim Mohammad will be given the compensation. It clearly said that he
will be given compensation, though within how many days and what amount was
not mentioned.
|
19th
Jan 2010
|
Letter
sent to Chief Secretary, U.P by Dr.Lenin sharing that the reply to the RTI
filed by Upendra ensured that Salim Mohamad will be given compensation and
thus requested the government to hasten their efforts to provide the
compensation.
|
19th
Jan 2010
|
Dr.Lenin
filed RTI enquiring
|
5th
April 2010
|
Dr.Lenin
filed RTI enquiring why his previous RTI application dated 19th
Jan 2010 had not been replied, requested for a last date for the provision of
compensation to the victims and asked for a copy of the investigation report
of the accused policemen. A copy sent to Chief Minister, U.P
|
4th
May 2010
|
Vishal
Pandey(Kshetriya adhikari Bhelupur) wrote to Police (Up Mahanirikshak) that
under the orders of the magistrate, the police investigated the no crime has
been committed by the police in the 11th March 2009 firing. That
the police followed the orders of the magistrate to fire in the air when a
mob of 500 religious fanatic persons clashed in a communal riot.
|
June
2010
|
Reply
to RTI filed by Dr.Lenin on 5th April received. It clearly said
that the investigation done by the police testifies that police were not
negligent in the police firing.
|
20th
July 2010
|
Dr.Lenin
filed RTI asking for the progress report of the investigation done regarding
the stealing if the wages of Salim Mohammad f/o deceased victim of police
firing. Answers for the RTI filed on 30th March 2010 was asked
for.
|
20th
July 2010
|
Dr.Lenin
filed RTI asking the details of the schemes, weaver introduction letter,
Mahatma Gandhi Life insurance, ICICI health scheme, that have been provided
to Salim Mohammad as said in letter from Handloom and textile industry
department, Varanasi dated 26th May 2010.
|
Efforts
to provide support to the victims through government schemes and compensation.
Date
|
Efforts
|
26th
Sept ‘09
|
Mukhtar
Ahmad given 25000/- under chief minister relief fund
|
18th
Jan 2010
|
Letter
written to ADI Handloom by Dr. Lenin to provide weavers identity card to
Salim Mohammad, father of deceased Khalikurjma
|
18th
Jan 2010
|
Letter
written to ICICI Lombard by Dr.Lenin asking them to provide ICICI Lombard
health card to Salim Mohammad
|
19th
Jan 2010
|
Letter
to Chief Minister, U.P by Dr.Lenin requesting for compensation to be given to
the family of deceased Khalijurma, mentioning that the family of the second
deceased
|
22nd
Jan 2010
|
Letter
written to Chief Minister Mayawati by Mukhtar Ahmed to be entitled to
Kashiram urban poor housing scheme. Copy sent to District magistrate
|
22nd
Jan 2010
|
Letter
written to ADI handloom, Varanasi by Mukhtar Ahmed requesting to be provided
weavers identity card, Mahatma Gandhi insurance and ICICI Lombard weavers
health card.
|
22nd
Jan 2010
|
Letter
written to ADI handloom, Varanasi by Salim Mohammad requesting to be provided
weavers identity card, Mahatma Gandhi insurance and ICICI Lombard weavers
health card.
|
6th
Feb 2010
|
Letter
written to Chief Minister by Dr. Lenin, requesting to entitle Mukhtar Ahmad
to Kashiram urban poor housing scheme, to order fair investigation into the
police firing and to provide rehabilitation under the Prime minister new 15
point program for Welfare of Minorities.
|
20th
July 2010
|
Letter
to Chief Secretary by Dr. Lenin requesting them to provide compensation and
government scheme benefit to the victims of the Bazardiha Police firing case.
|
5th
October 2010
|
Letter
to Senior District Officer by Dr. Lenin enquiring for information regarding
the compensation to be given to the victim families.
|
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