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Large number of Muslim youths in Madhya Pradesh had been implicated in false terror charges just because of their religious belief.
Questioning the powers given to the police under the Unlawful Activities (Prevention) Act (UAPA), a Delhi-based civil and democratic rights group has claimed that large number of Muslim youths in Madhya Pradesh had been implicated in false terror charges just because of their religious belief.
“Madhya Pradesh is one such state, which has passed unnoticed, undocumented,” Manisha Sethi, Jamia Teachers’ Solidarity Association (JTSA), told OnIslam.net.
“The report documents the large number of cases registered under the draconian Unlawful Activities Prevention Act (UAPA) across the state between 2001 and 2012.”
Sethi was speaking about the recently released report by JTSA titled ‘Guilt by Association: UAPA cases in Madhya Pradesh’.
Issued earlier this month, the report claimed that there are scores of ‘terror’ cases, which have resulted in the incarceration of hundreds of men, mostly on the basis of alleged ‘seized literature’.
Despite the fact that there has been no incidents of terror attacks in the state, the number of cases in which the accused were charged with furthering the activities of an unlawful association under UAPA is relatively high.
These cases, according to the report, were registered against Students Islamic Movement of India (SIMI) members, their friends and acquaintances.
Yet, some people were also arrested though having no link whatsoever to either SIMI when it was a lawful association, or any of its former members, in police stations in Indore, Seoni, Khandwa, Bhopal, Burhanpur, Ujjain, Neemuch, Guna, etc.
The report highlights 80 such cases from 2001 till date, in which JTSA claims that most of the Muslim youths were arrested by Madhya Pradesh police after seizure of SIMI posters and literature.
The SIMI posters and pamphlets invariably belong to the period prior to the ban, and the other magazines recovered include Tehreek e Millat - a magazine registered with the RNI (Registrar of Newspapers for India), and never declared as ‘unlawful’.
In one of the cases listed in the report, a case was registered on April 2, 2008, against Mohammed Zakir Lala for allegedly shouting defiant slogans in favor of SIMI, challenging the authority of the Indian Government and making instigating statements.
He was saying in particular that: “So what if the government has banned SIMI. I will not let any member of SIMI be arrested and give them my full support.”
The literature seized from him was books on the life of the Prophet and other Islamic literature. Again, the crowd that Lala was allegedly addressing disappeared and evaded arrest while Lala was caught.
Discrepancies
According to Sethi, the team found that there were discrepancies in the statements of police and the family members.
“The allegations as recorded in the FIRs (First Information Reports) are that the accused persons were standing in public places and shouting slogans in favor of the banned organization SIMI and vowing to take forward the cause,” she told OnIslam.net.
“They were carrying posters and pamphlets, as if waiting for the police to arrest them with proof of their guilt. In many cases, though the accused are said to addressing many people, the police were unable to arrest anyone else.”
At times, the handling of these cases took bizarre and unfortunate turns for many as registration of one case led to the registration of similar cases in different parts of the state.
On March 27, 2008, 13 prominent SIMI activists were allegedly arrested. Immediately after the arrests, on March 29, 2008, the Senior Superintendent of Police, Dhar, shot off letters to officials in various districts of Madhya Pradesh asking for registration of similar cases.
These letters immediately set off a chain reaction, resulting in registration of 18 identical cases within one month, and another four over next six months.
The report also illustrates how, despite sketchy evidence and rampant procedural violations, many accused were convicted by courts.
In another case, 14 accused persons, including two sisters Raafia and Asiya, were arrested and accused of furthering the activities of the unlawful organization, SIMI, by printing, distributing and possessing SIMI literature.
This entire case was built on disclosures made by the accused and the recoveries.
Releasing the report, JTSA is planning to take out a report of people arrested under UAPA all over the country.
They have already expressed their views to the National Human Rights Commission amid hopes that this document will strengthen the demand for the repeal of a law.
“There is a need to review UAPA. There are various defects in the act,” Minorities Commission Chairman Wajahat Habibullah said.
http://www.onislam.net/english/news/asia-pacific/466147-india-muslims-deplore-draconian-arrests.html
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