Reports about Indian Muslims

1999-2000: Employment and Unemployment Situation among Religious Groups in India


Employment and Unemployment Situation among Religious Groups in India
1999-2000

NSS 55th ROUND
(July 1999 – June 2000)

National Sample Survey Organisation
Ministry of Statistics & Programme Implementation
Government of India
September 2001

Highlights

· During 1999-2000, information on religion followed by each household was collected. The religion of the head of the household was considered as the religion of all the household members irrespective of the actual religion followed by individual members. Seven main religions were identified in the survey. They were Hinduism, Islam, Christianity, Sikhism, Jainism, Buddhism and Zoroastrianism. Among these the followers of Hinduism, Islam and Christianity formed the three major religious groups.

· The sex ratio was the highest among the Christians (1018 in rural and 1012 in urban areas) followed by the Muslims (990 in rural; 912 in urban) and the Hindus (952 in rural; 912 in urban).

· The size of an average Indian household was estimated as 5 in rural and 4.5 in urban areas. While the estimated average size of a Christian, Hindu and Muslim household was 4.4, 4.9 and 5.6 in rural areas, respectively. In urban areas, it was 3.8, 4.4 and 5.5, respectively.

· The proportion of persons belonging to the lowest three classes of monthly per capita expenditure (mpce) taken together was the highest among the Muslims (rural: 29%; urban: 40%) followed by the Hindus (rural: 26%; urban: 25%) and the Christians (rural: 19%; urban: 13%) in both rural and urban areas. On the other hand, proportion of persons in the highest three classes of mpce was the highest among the Christians (rural: 28%; urban: 29%) followed by the Hindus (rural: 14%; urban: 17%) and the Muslims (rural: 12%; urban: 6%).

· In rural areas, ‘self-employment’ was the mainstay for all the religious groups. Among self-employed, more households depended on agriculture. The proportion of rural labour households varied from 37% (Muslims) to 41% (Hindus). In urban areas, the proportion of households depend ing on ‘regular wage salary’ was high for the Christians (54%) and the Hindus (43%) whereas a majority of the Muslim households (52%) depended on ‘self-employment’ for their livelihood.

· The proportion of children was higher among the Muslims as compared to the Hindus and the Christians, and in that order, in both rural and urban areas. The share of aged population (60 years or more) was, however, the lowest among the Muslims and highest among the Christians.

· Among the three major religious groups, the Chr istians had the highest literary rate followed by the Hindus. As compared to the school attendance rates observed for 1993-94, the rates had increased for persons below 25 years among all the religious groups.

· The Worker Population Ratio (WPR) among the rural males was highest for the Christians (567) followed by the Hindus (537). For rural females, although the WPRs among the Christians and the Hindus were close to each other (about 32%), they were lower than the corresponding WPRs for males in their respective religious groups. The corresponding rates for the Muslims were considerably low both for males (478) and females (162). In urban India for the three major religious groups, the WPRs among the males varied between 486 to 525,. Further, WPRs were much higher among Christian women than among the Hindu and Muslim women.

· The unemployment rates were the highest among the Christians in both rural and urban areas. Among the Hindus the unemployment rates have remained at the same level as compared to the rates during 1993-94 in both rural and urban areas. Among the women in urban areas, the rates have increased for the Muslims but declined for the Christians.

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2004-2005: Employment and Unemployment Situation among Religious Groups in India

Highlights

This report is based on the seventh quinquennial survey on employment and unemployment conducted in the 61st round of NSS from July, 2004 to June, 2005. The survey was spread over 7,999 villages and 4,602 urban blocks covering 1,24,680 households (79,306 in rural areas and 45,374 in urban areas) and enumerating 6,02,833 persons (3,98,025 in rural areas and 2,04,808 in urban areas).In this survey information on religion followed by each household was collected as part of the household characteristics. The reported religion of head of the household was considered as the religion of all the household members irrespective of the actual religion followed by individual members. Seven main religions were identified in the survey. They were Hinduism, Islam, Christianity, Sikhism, Jainism, Buddhism and Zoroastrianism. Among these the followers of Hinduism, Islam and Christianity formed the three major religious groups. Some of the key findings are stated below:

* In rural areas, about 84 per cent per cent of households having 83 per cent of population followed Hinduism whereas 10 per cent of households followed Islam with about 12 per cent of population. Further, about 2 per cent of households and population followed Christianity. In urban areas, the percentage of households and population were about 80 and 77 respectively for Hinduism, 13 and 16 for Islam and 3 and 3 for Christianity. Even after excluding the state of Jammu and Kashmir, having different geographical coverage in different NSS rounds, the proportion of persons by major religious groups remained more or less same.

* The sex ratio was the highest among the Christians (994 in rural and 1000 in urban areas) followed by the Muslims (968 in rural; 932 in urban) and the Hindus (961 in rural; 912 in urban).

* In the rural areas, "self-employment" was the mainstay for all the religious groups. About 37 per cent of Hindu households were dependent on "self-employment in agriculture". The corresponding proportion was 35 per cent for the Christians and 26 per cent for the Muslims. The proportions of households depending on "self-employment in nonagriculture" were 14 per cent for the Hindus, 28 per cent for the Muslims and 15 per cent for the Christians. In the case of "rural labour" households, the proportions varied from 32 per cent (Muslims) to 37 per cent (Hindus). In urban India, the proportion of Hindu households depending on "self-employment", "regular wage/salary" and "casual labour" were 36 per cent, 43 per cent and 12 per cent respectively, whereas the corresponding shares for the Muslims were 49 per cent, 30 per cent and 14 per cent respectively and for the Christians 27 per cent, 47 per cent and 11 per cent respectively.

* In rural India, proportion of households in the lowest three monthly per capita expenditure (mpce) classes combined (viz. less than Rs.320 for a month) was highest among Hindus (14 per cent), followed by Muslims (12 per cent) and Christians (8 per cent). In urban India, the proportion of Households in the lowest three mpce classes combined (viz. less than Rs.485 for a month) was the highest among the Muslims (25 per cent) followed by the Hindus (12 per cent) and Christians (8 per cent) On the other hand, in the urban area, proportion of households in the highest three classes of mpce combined (viz. more than Rs.1380 for a month) was 38 per cent for Christians, 28 per cent for Hindus and 13 per cent for Muslims. In rural areas, proportion of households in the highest three classes of mpce combined (viz. more than Rs.690 for a month) was 47 per cent for Christians, 24 per cent for Hindus, and 20 per cent for Muslims.

* The Christians had the lowest illiteracy rate both for rural (20 per cent for males and 31 per cent for females) and urban areas (6 per cent for males and 11 per cent for females). Except for rural females, the proportion of literates among the Hindus was higher than that among the Muslims. Among the rural females, the illiteracy rates were almost equal among the Hindus and the Muslims (59 per cent). The corresponding rate was as low as 31 per cent among the Christians.

* In the rural areas, Worker Population Ratio (WPR) among the males was highest among Christians (56 per cent) followed by Hindus (55 per cent). The corresponding figure for Muslims was lower (50 per cent). As in the case of males, WPR for females for Christians (36 per cent) and Hindus (34 per cent) was much higher than that for Muslims (18 per cent). In urban India, the WPR among the males was the highest among Hindus (56 per cent) followed by Muslims (53 per cent) and the Christians (51 per cent). The WPR for Christian women (24 per cent) was much higher than those among Hindu (17 per cent) and Muslim women (12 per cent).

* For the rural males in the age group 15 years and above, WPR in the educational level secondary and above was the highest among the Hindus (76 per cent) followed by the Christians (72 per cent) and the Muslims (67 per cent). However in urban areas, it was equal (71 per cent) among Muslims and Hindus and lower (64 per cent) among Christians. For the rural females in the same age group with same education level, however, the rates were highest among the Christians (37 per cent) followed by Hindus (30 per cent) and Muslims (18 per cent). Similar pattern was also observed among urban females in the same age group.

* More than half of the workers in the rural areas were self-employed, the proportion being the highest among the Muslim workers both males (60 per cent) and females (75 per cent). In the urban areas also, the same pattern is observed. The proportion of regular wage/salaried workers was highest among Christians in both rural and urban areas among both males and females. The proportion of casual labourers was highest among Hindus for females in both rural (34 per cent) and urban (18 per cent) areas.

* In rural areas, the unemployment rates (URs) were higher among the Christians (4.4 per cent) as compared to those among the Hindus (1.5 per cent) or the Muslims (2.3 per cent). In the urban areas also same pattern was observed. However, the URs in urban areas were more or less same for Hindu and Muslims (4 per cent). Further URs for females were generally higher in all major religious groups as compared to males in both rural and urban areas. The UR was highest (14 per cent) among the urban Christian women.

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2006 Sachar committee report

Those of you who would like to do something for the Muslims of India, but find it time-consuming to read the full Sachar Report, here is an easy summary guide to choose
which field you would like to work in. I have adapted it based on the Summary given by Dr. Syed Zafar Mehmood on Milligazette.

On Reservation for Muslims -

The Committee noted that the public opinion in India was divided on reservation.

1 . Some argued that policies that promote equality must aim at a substantive equal outcome, not merely formal equal or identical treatment.
Reservations or a separate quota for Muslims in employment and educational institutions was viewed as a means to achieve this.

2. Others felt that reservations could become a thorny issue and have negative repercussions .

3. Still others felt that good educational facilities combined with non-discriminatory practices are adequate for Muslims to compete

4. Some argued that this facility should only be available to ‘dalit’ Muslims, while others suggested that the entire Community should benefit from it.

5. Some said ,Economic criterion was an ideal basis for reservations.

6. There were voices that questioned the non-availability of the Schedule Caste quota for Muslims while it was available to the followers of three religions.

On Political Participation of Muslims -

1. Cross section of the people was of the conviction that political participation and representation in governance structures are essential to achieve equity.

2. The Committee’s attention was also drawn to the issue of Muslim concentration constituencies of Assemblies and Parliament declared as reserved for Schedule Caste persons while constituencies with very low Muslim population but high SC concentration remain unreserved.
Second allegation regarding reservation of constituencies was found to be correct

For the first allegation the Committee did not collect any data.

On Literacy amongst Muslims -

1. 25 per cent of Muslim children in the 6-14 year age group have either never attended school or have dropped out.

2. Drop out rates among Muslims are higher at the level of primary, middle and higher secondary.

3.The Committee observed that since artisanship is a dominant activity among Muslims technical training should be provided to even those who may not have completed schooling.

4. In premier colleges only one out of 25 under-graduate students and one out of 50 post-graduate students is a Muslim.

On Employment

1. Unemployment rate among Muslim graduates is the highest among all socio-religious communities.

On Madrasa - The myth broken

Only 3% of Muslim children among the school going age go to Madarsas.

There is dearth of facilities for teaching Urdu.

Attitude towards Education, in Muslims

1. The Committee found that Muslim parents are not averse to mainstream education or to send their children to affordable Government schools.

Education of Muslim Girls -

1. Access to government schools for Muslim children is limited.

2.There is non-availability of schools within easy reach for girls at lower levels.

3. Absence of girls hostels and female teachers are also impeding factors.

Observations which could help Muslims

1. The schedule castes and schedule tribes have definitely reaped the advantages of targeted government and private action supporting their educational progress.

2. The sharper focus on school education combined with more opportunities in higher education for Muslims seems desirable.

3. Moreover, skill development initiatives for those who have not completed school education may also be particularly relevant for some sections of Muslims given their occupational structure.
4. Bidi workers, tailors and mechanics need to be provided with social safety nets and social security.

5. The participation of Muslims in the professional and managerial cadre is low.

6. Muslim regular workers are the most vulnerable with no written contract and social security benefits. Muslim regular workers get lower daily earnings in both public and private jobs compared to other socio-religious communities.

7.Since a large number of Muslim workers are engaged in self-employment, skill development and credit related initiatives need to be tailored for such groups.

On Banks and Muslims -

1. The average amount of bank loan disbursed to the Muslims is 2/3 of the amount disbursed to other minorities. In some cases it is half.

2. The Reserve Bank of India’s efforts to extend banking and credit facilities under the Prime Minister’s 15-point programme of 1983 has mainly benefited other minorities marginalizing Muslims. Muslim community is not averse to banking and more improvements can be brought about with specific measures.

3. Some banks have identified a number of Muslim concentration areas as negative geographical zones where bank credit and other facilities are not easily provided. Steps should be introduced to specifically direct credit to Muslims, create awareness of various credit schemes and bring transparency in reporting of information.

Muslims and Basic Infrastructure Facilities -

1. The concentration of Muslims in states lacking infrastructural facilities implies that a large proportion of the community is without access to basic services.

2. In both urban and rural areas, the proportion of Muslim households living in pucca houses is lower than the total population.

3.Compared to the Muslim majority areas, the areas inhabiting fewer Muslims had better roads, sewage and drainage and water supply facilities.

4. Substantially larger proportion of the Muslim households in urban areas are in the less than Rs.500 expenditure bracket.

Muslims in Government Services

1. The presence of Muslims has been found to be only 3% in the IAS, 1.8% in the IFS and 4% in the IPS.

2. The share of Muslims in employment in various departments is abysmally low at all levels.

3. Muslim community has a representation of only 4.5% in Indian Railways while 98.7% of them are positioned at lower levels.

4.Representation of Muslims is very low in the Universities and in Banks. In no state does the representation of Muslims in the government departments match their population share.

5. Their share in police constables is only 6%, in health - 4.4%, in transport - 6.5%.

There is need to ensure a significant presence of Muslims especially in those departments that have mass contact on a day to day basis or are involved in sensitive tasks

Constitutional Rights for the Muslims -

1. The Presidential Order of 1950 is inconsistent with Article 14, 15, 16 and 25 of the Constitution that guarantee equality of opportunity, freedom of conscience and protect the citizens from discrimination by the State on grounds of religion, caste or creed.

2. The monthly Per Capita Expenditure of Muslims is much lower than the national average.

3. Benefits of entitlements meant for the backward classes are yet to reach Muslim OBCs. The condition of Muslims in general is also lower than the Hindu-OBCs who have the benefit of reservations.

On Wakf Properties -

1.There are about 5 lakh registered Wakfs with 6 lakh acre land and Rs 6,000 crore book value.

2.But the gross income from all these properties is only 163 crores i.e. 2.7%.

3.The management of Wakf Boards is unsatisfactorily due to inadequate empowerment of the State Wakf Boards and Centreal Wakf Council.

4.Encroachment of Wakf properties by the State is a common practice. The attitude of the State Governments and their agencies has resulted in large scale abrogation of the cherished objectives of the Wakfs.

5.Failure on the part of the state and statutory bodies entrusted with safeguarding Wakf properties has caused disquiet in the Muslim community.

Recommendations -

1.An Equal Opportunity Commission should be constituted to look into the grievances of the deprived groups.

2.A carefully conceived nomination procedure should be worked out to increase inclusiveness in governance.

3.The idea of providing certain incentives to a diversity index should be explored. Incentives can be related to this index so as to ensure equal opportunities to all socio religious communities in the fields of education, governance, private employment and housing.

4.Teacher training should be compulsory ensuring in its curriculum the components which introduce the importance of diversity and plurality

5. To facilitate admissions to the most backward amongst all the socio religious communities in the regular universities and autonomous colleges, alternate admission criteria need to be evolved.

6. Providing hostel facilities at reasonable costs for students from minorities must be taken up on a priority basis.

7. The community should be represented on interview panels and Boards.

8. Provide financial and other support to initiatives built around occupations where Muslims are concentrated and have growth potential.

9.The states should run Urdu medium schools. Work out mechanisms whereby Madarsas can be linked with a higher secondary school board so that students wanting to shift to a regular mainstream education can do so after having passed from a Madarsa.

10.The real need is of policy initiatives that improve the participation and share of the Minorities, particularly Muslims in the business of regular commercial banks.

Adapated from Summarised Sachar Reprt on Status of Indian Muslims - by Dr. Syed Zafar Mahmood - Milligazette

http://www.milligazette.com/dailyupdate/2006/200612141_Sachar_Report_Sta...

Dr. Tayyaba Abidin Qidwai
Oman

Click here for the full report

Ahmedabad Riots 1969 : Judicial Findings about RSS participation

Probe: The P Jaganmohan Reddy Commission of Inquiry Ahmedabad, Sept. 1969 Toll: 660 (Muslims: 430; Hindus: 24)

As usual, there was a chain of events. Ahmedabad witnessed its biggest ever RSS rally in December 1968, where the then chief MS Golwalkar spoke of the atrocities on Hindus in Pakistan during Partition.

The alleged desecration of the Koran by the Superintendent of Police, BH Desai, in March 1969 forced the police to lathicharge an unruly mob. The police subsequently apologised. On Janmashtami, September 4, a Muslim police officer searching for one Pandit Balkrishna, dispersed a Ramlila programme, toppled a table on which an arti and the Ramayan were kept, and allegedly kicked the scripture.

Quoting a government special report, the commission said: “On the night of 10-9-69, Balkrishna approached the local Bharatiya Jan Sangh workers and through them contacted one Harishchandra Shankerlal Panchal...it was decided that instead of openly supporting the movement in the name of Bharatiya Jan Sangh, the same may be started in the name of Hindu Dharma Raksha Samiti.

On September 11, HDRS organised a fast seeking action against the Muslim officer. On September 14, the officer was suspended and the fast ended. The same day, Balraj Madhok, MP and Jan Sangh leader, addressed a meeting of the intelligentsia. The commission felt “many (will) disagree, perhaps vehemently� with his speech.

On September 18, thousands gathered at the Bukhari Saheb Dargah, a furlong from the Jagannath temple, to celebrate Urs. A few cows belonging to the temple strayed away, disrupting the celebration. A fight broke out between the priests accompanying the herd and a group in the crowd. Some sadhus were beaten, and the ensuing stone-throwing shattered the glass facade of the temple gate. The police dispersed the crowd.

But pamphlets, rumours and wall-writings appeared overnight, inciting Hindus. HDRS issued incendiary pamphlets in its own name. The commission mentioned the one issued by Ratanlal Gupta, a Jan Sangh worker and HRDS ward convenor, who portrayed the Jagannath temple incident as a planned attack by Muslims, and even claimed that the sadhus’ legs had been cut off.

The commission said: “There’s no doubt in our minds that the writings on the blackboards, the pamphlets and patrikas issued on the 19th did contribute to the fanning of the riots.� The sporadic attacks on Muslims that began on September 18 night turned into a conflagration the following day.

Citing eyewitness accounts, the commission observed, “This evidence shows that organised attacks were being made on Muslim properties and Muslims...� It noted an instance in which a Jan Sangh worker led and directed assailants.

Citing various bits of evidence, the commission said the police had “reason to believe that some local Jan Sangh leaders and workers were actively participating� in the riots. The commission observed: “...some of the district magistrates have not hesitated to place before the Commission the fact of such participation by Jan Sangh and Hindu Mahasabha workers...one or two of them speak of incitement given by Jan Sangh workers, though when some of them gave evidence they tried to hedge.�

In its reconstruction of the chain of events, the commission made repeated mention of the involvement of RSS, Jan Sangh and HDRS workers. It spoke of lorries being used to carry rioters and weapons, and crowds being led and directed.

However, since it lacked the direct evidence to link them to a larger design, it said, “The evidence relating to participation of some of the workers of these parties or organisations is not by itself sufficient to justify the inference of the participation of the aforesaid parties as all-India parties or organisations.�
Probe: The P Jaganmohan Reddy Commission of Inquiry Ahmedabad, Sept. 1969 Toll: 660 (Muslims: 430; Hindus: 24) (Courtesy: The Hindustan Times, March 12, 2000)

http://www.rss.org.in/article.php3?id_article=86

Aligarh Riot 2006

Aligarh Riots put lock on the lock industry : article by A. U. Asif.

ALIGARH POLICE SHOT TO KILL
by Seema Mustafa

New Delhi, April 12: Seven Muslims were shot dead and 18 others of the same community were injured in the police firing in Aligarh on clashing mobs. All the dead were shot above the waist in a case of excessive police action, with a fact-finding mission by the Minorities Commission confirming this in a report which will soon be presented to the government with a list of recommendations.

In a damaging revelation for the district police and administration, the inspector-general, Kanpur range, who had been sent by the state government to inquire into the incident, has said that the police firing was not necessary and there was no justification for it. He has said that he had sufficient evidence to prove that the situation could have been brought under control without the police resorting to firing if the administration had acted with a little intelligence and responsibility. The Mulayam Singh Yadav government in Uttar Pradesh, worried about the political fallout of the firing, has acted quickly to transfer the district magistrate, the senior superintendent of police as well as the SP, City, and the additional district magistrate. This, informed sources said, was in itself prima facie evidence that the state government was aware of the situation and had accepted the findings of the official inquiry committee that innocent persons had lost their lives because of a "clear case of high-handedness" and totally avoidable action by the police.

The Minorities Commission fact-finding mission has confirmed that all the shots were fired above the waist, hitting the victims directly on the upper parts of the body in what is then described as an intent to kill. The police at that time had justified the action to visiting reporters, insisting that there was no option left but to open fire. Of course, the fact that the victims had died because the police had not kept to the well-specified regulations is being kept a closely-guarded secret, with no government-level confirmation, although the news had spread like wildfire at the time through the streets of Aligarh.

At the time of the incident the crowds were merely pelting stones at police vehicles, with the top-level inquiry now maintaining that the situation could have been brought under control without the excessive action. The sources said that all the dead and injured belonged to one community, suggesting a communal angle in the Aligarh administration's action.

The tension in Aligarh has now acquired a Muslim-versus-police hue, with the Mulayam Singh Yadav government hoping to defuse it with the action taken against senior officials at both the city and district levels. The latest instructions call for the police to use rubber bullets to control mobs, as these will incapacitate victims for a while but not kill or maim them. Police sources said, however, that rubber bullets are always in short supply and are almost never available for use.

The sources said that the officer in charge is directly responsible for the order to fire, and pointed out that even today the police manual does not limit the firing to below the waist as has been recommended by several committees appointed to look into police excesses in the past. In fact, the phrase still used is to "fire to effect", although the new instructions have directed the use of rubber bullets for controlling unarmed mobs.

Anti–minority bias in the Indian Police

“The response of police to appeals from desperate victims, particularly Muslims, was cynical and utterly indifferent. On occasions, the response was that they were unable to leave the appointed post; on others, the attitude was that one Muslim killed was one Muslim less...Police officers and men, particularly at the junior level, appeared to have an in–built bias against the Muslims which was evident in their treatment of the suspected Muslims and Muslim victims of riots. The treatment given was harsh and brutal and , on occasions, bordering on the inhuman...The bias of policemen was seen in the active connivance of police constables with the rioting Hindu mobs, on occasions, with their adopting the role of passive on–lookers on occasions, and, finally, their lack of enthusiasm in registering offenses against Hindus even when the accused was clearly identified and post-haste classifying the cases in ‘A’ (True but not detected) summary”.
— Report of the Justice B.N. Srikrishna Commission on the Mumbai riots of 1992–1993

“This commission of inquiry has cited more than half a dozen instances where Muslim religious places adjoining police lines or police stations were attacked or damaged. The argument advanced by the police officers that because they were busy quelling riots at various other places, these police stations were shorn of adequate strength and hence these attacks on religious places could not be punished, did not impress the Commission. It has made this observation because not a single case of damage to a Hindu place of worship near a police station was reported to the Commission.”
— Report of the Justice Jagmohan Reddy Commission on the Ahmedabad riots of 1969

“The working of the Special Investigation Squad is a study in communal discrimination. The officers of the squad systematically set about implicating as many Muslims and exculpating as many Hindus as possible irrespective of whether they were innocent or guilty. Cases of many Hindus belonging to the Shiv Sena, Rashtriya Utsav Mandal (an extension of the local branch of the Jana Sangh) were wrongly classified as ‘A’ category and investigations closed and no proper investigation was undertaken into several complaints of murders of Muslims and arson of their property. No investigation was conducted into the composition and activities of Hindu communal and allegedly communal organisations operating in Bhiwandi but only in respect of Muslim communal and allegedly communal organisations. Deputy superintendent of police S.P. Saraf held private conferences and discussions with several leaders of Hindu organisations including many who were implicated by Muslims in offences of arson and murder.”
— Report of the Justice D.P. Madon Commission on the Bhiwandi, Jalgaon and Mahad of 1970

“The evidence of the deputy SP says that while on patrol duty he had to curb many among his rank and file who could not restrain themselves when they met Muslims on the road. Similar evidence was given by the sub–collector and other witnesses who have testified saying that while chasing away some Muslims many policemen yelled at them to go to Pakistan. At Mattambaram one or two of them got into the mosque and besides beating Usmankutty Haji, a very respectable person, broke the tube–light and chandeliers in the mosque. There is nothing to show that there was any justification for this action...So far as the minorities are concerned, it is the feeling among them that they are nor getting justice, that they are discriminated against in the matter of appointments in the Public Services, that they do not get equal protection of the law and that their religion is in danger, that prompts them to rally around religious organisations of their own. It is of the greatest importance that appropriate steps are taken by the government to remove the cause for such feelings in the minorities. There is much truth in saying that if you want peace you must work justice.”
— Report of the Justice Joseph Vithyathil Commission on the Tellicherry riots, 1971

“The riots occurred broadly on account of the total passivity, callousness and indifference of the police in the matter of controlling the situation and protecting the people of the Sikh community.…Several instances have come to be narrated where police personnel were found marching behind or mingled in the crowd. Since they did not make any attempt to stop the mob from indulging in criminal acts an inference has been drawn that they were part of the mob and had the common intention and purpose. ...The Commission was shocked to find that there were incidents where the police wanted clear and definite allegations against the anti-social elements in different localities to be dropped out while recording FIRs.”
— Report of the J. Ranganath Misra Commission on the 1984 anti–Sikh riots in Delhi

Batla House encounter: Unanswered questions

The report by Jamia Teachers’ Solidarity Group has profile of those killed and arrested in the Batla House operation, contradictions in police version regarding the encounter operation, information about dreaded terrorists, bullet proof jacket, injuries and bullets to the suspected terrorists, evidences, escape routes and fired rounds, besides contradictions in the mastermind theory and instances of violations of NHRC guidelines for an encounter.

The teachers’ group has demanded a judicial probe headed by a sitting judge of the Supreme Court, transfer of investigations from the Delhi Police to CBI, exemplary punishment to police officers guilty of implicating innocent Muslim youth in false cases of terrorism and adequate compensation and jobs to those acquitted in the terror-related cases.

Some of the questions raised in the report are as follows:

1) Did the police have prior information about the presence of dreaded 'terrorists' in L-18 when they raided the flat? So far, conflicting versions have been provided by the police. In one version, they claim ignorance of such confirmed information, pleading that they went in only for a routine recee and were ambushed (then how did the Police Commissioner within hours declare Atif and Sajid to be the mastermind behind all blasts since 2005, when Sajid would have been 14-years-old); and in another, they claim to have put Atif under surveillance since 26th July 2008 (so how did these boys manage to plant bombs all over the city right under the Delhi Police's nose?)

2) Were the Police men wearing Bullet proof vests (BPV) or not? In some statements, the Delhi Police said that they avoided wearing the BPVs in order not to alert the 'terrorists'; in yet other statement they claim that their officer escaped all injury while firing upon an armed Sajid because he was wearing a BPV.

3) What explains the injury marks on the bodies of the deceased boys? Atif's back was sloughed off and Sajid had bullet wounds on his head as though bullets had been pumped into his head while he was made to kneel―all of which raises doubts about the genuineness of the 'shootout'.

4) The Police claim that Sajid was an expert bomb maker who used quartz clocks, detonators, ammonium nitrate, yet none of the 'recoveries' which even the police have purportedly made, comprise any of the above material that could be used for making Sajid's 'signature' bombs. So what made Dadwal and his force conclude that Sajid was the one behind the blasts in Delhi and elsewhere?

5) Why is there such rigid resistance to any independent probe on the part of the government and the Delhi Police? So much so that the Lieutenant Governor has even rejected a magisterial enquiry, which is mandatory as per NHRC guidelines on encounter killings.

6) Why are post-mortem reports of all the three killed not being made public? Is there something to hide?

The report also carries brief profiles of the accused in the case, including the two students killed. The fact that most of them were students enrolled in educational institutions, whether Jamia or elsewhere, or working gives the impression that they were regular young men in search of better opportunities in life. None of their actions puts them under suspicion: they enrolled as students, bought SIM cards in their name, signed a rent lease deed, duly verified by the police (copy in report), provided genuine address details etc. Moreover, the day after the blasts in Delhi, there were several arrests and detentions in the Jamia Nagar area, which was common knowledge. It is highly unlikely that actual terrorists would make no attempt to move away from a neighborhood which was obviously under the police scanner to a safer hideout.

Testimonies of eyewitnesses at the Jan Sunwai (12 Oct 2008, Batla House) have also been included in the report. Neighbours testified that they found nothing strange or suspicious about the boys and resented the fact that no senior local resident was taken into confidence or to crosscheck any information about suspected terrorists. The manner in which the police operated raised suspicions about their real motives. Further, they also said that while the operation was on, the policemen could be seen throwing pots etc on to the 4th floor flat of L-18, and that they heard gun shots of only one kind. This naturally raises the misgiving that the police was trying to create an impression of cross fire and struggle, where none existed.

Get your copy:
*'Encounter' at Batla House: Unanswered Questions*

*A Report by Jamia Teachers' Solidarity group*

60 pp., Rs 35, February 2009.

For Copies contact:
Adil Mehdi, Dept of English, JMI (9990923027)indianlit@yahoo.com
Ahmed Sohaib , Centre for Comparative Religions, JMI (9899462042)sohaibnirvan@gmail.com
Ghazi Shahnawaz, Dept. of Psychology, JMI (9868221506) mgshahnawaz@gmail.com

Download the pdf version:

http://www.TwoCircles.net/files/Batla_House_encounter_report.pdf

Bhagalpur Riot : 1989

1989
22 Oct-23 Nov: 1070 people killed, 524 injured.
116 Muslims massacred in Logain village.
In 195 villages, 11,500 house first looted and then destroyed.
Officially 48,000 people made refugee.
600 powerlooms and 1700 handlooms burnt.
68 mosques destroyed
20 mazar razed.

142 FIRs registered (811 is also reported)
302 chargesheets filed

1283 number of accused.
52 cases dismissed

152 cases heard by lower courts
119 cases dismissed for want of judicially sustainable evidence.
33 cases accused sentenced by sessions and district courts.

2001
trial begins
24 people, CID recommends chargesheets against.
2 of these move to High Court, chargesheets dropped.
2 absconding
1 died
1 minor
18 final list of accused
4 more absconded
14 accused including an Assistant Sub-Inspector of Police.

2007
14 Hindus convicted for killings in Logain village.

[source Radiance, 1-7 July 2007]

Bhagalpur riots commission starts functioning

Bhagalpur riots commission starts functioning
Patna | February 27, 2006 5:23:27 PM IST

The Commission headed by Justice (retired) N N Singh commenced its functioning from today to probe the 1989 communal riots in Bhagalpur.

The Commission will submit its report on the riots, which claimed over 1,000 lives and left in its wake a trail of devastation, within six months of its inception. However, the commission will be free to give an interim report before that.

The Bihar Government, yesterday, had appointed Justice N N Singh, , a retired judge of the Patna High Court, on the recommendation of the Chief Justice of the Patna High Court Justice J N Bhatt.

For the post of the Secretary of the Commission, a retired District and Sessions Judge Baikunth Nath Shahi has been appointed. The Commission will be assist by the two legal experts, a retired District Judge Chandrashekar Sharma and Patna Bar Council President Rajendra Singh.

On February 24, in special meeting of the Nitish Kumar Cabinet, chaired by the Chief Minister, had decided to get 27 cases of the communal riots re-investigated to bring the guilty to justice and punish the officials responsible for their acquittal despite existence of solid evidences against them.

Kumar had said that in accordance with the decision taken by the Cabinet, he would be writing to Patna High Court Chief Justice J N Bhatt to nominate a serving or retired judge of the High Court for a one-member panel to be constituted under the Commission of Inquiry Act.

Referring to the terms of reference of the commission, Kumar had said that the commission would probe all Bhagalpur riot cases afresh and examine the manner in which the prosecution and investigation agencies carried out their duties resulting in closure of the cases against the accused.

We have identified 27 cases in which closure reports have been filed by the prosecution agencies despite sufficient evidence against the accused, Kumar said.

Kumar had said that the commission would find out the reasons and circumstances under which the investigating police officials produced insufficient evidences and uncorroborated facts which led to the closure of the cases.

All the documents will be thoroughly perused and charges will be framed against the officials found guilty of dereliction of duty, ineffectiveness and prejudice, Kumar said.

The commission would also examine whether properties were sold out under pressure by the victims in the riot-hit areas and, if so, steps would be taken to return such property to the rightful owner and identify those guilty of indulging in strong-arm tactics to take possession of such properties.

The Chief Minister had said the commission would suggest a rehabilitation package detailing measures that should be taken for restoration of the lands, houses and other properties which were forcibly occupied during the riots.

Referring to the R N Prasad Commission of Inquiry instituted during the erstwhile Rashtriya Janta Dal Government, Kumar had said that the new panel would look into the suggestions and recommendations made by the previous commission and measures taken thereof for rehabilitation of the victims.

He had said that the commission, which would independently carry out the probe, would also be asked to submit its recommendations to avoid recurrence of such incidents in future. (ANI)

http://news.webindia123.com/news/showdetails.asp?id=262510&cat=India

Bihar CM seeks compensation package for Bhagalpur riot victims

New Delhi, June. 17 (PTI): Bihar Chief Minister Nitish Kumar today met Union Home Minister Shivraj Patil and demanded an adequate rehabilitation and compensation package for the victims of the 1989 Bhagalpur riots on the lines of one given to the 1984 anti-Sikh riot victims.

Kumar, who had raised the issue with Prime Minister Manmohan Singh in his earlier meetings, told Patil that many of the Bhagalpur riot victims were hand to mouth after being out of their business following the riot.

Source: http://www.hindu.com/thehindu/holnus/001200606172129.htm

White paper on Bhagalpur riot soon

White paper on Bhagalpur riot soon
Patna | January 15, 2006 1:39:16 PM IST

Bihar Government has decided to reopen the issue of Bhagalpur communal riot of 1989 and bring out a white paper incorporating details of actions taken by the government to book the perpetrators of crime as well as payment of compensations to victims' families.

State Chief Secretary G S Kang told newspersons here yesterday that a committee would be constituted under the chairmanship of home secretary to prepare the 'white paper' which would complete the assignment within two to three weeks.

''The committe would catalogue the status of cases instituted against the accused and persons chargesheeted or let off so far besides ascertaining the exact number of riot victims and compensation to be paid to them,'' he said.

The committee would also recommend to the government about the necessity of granting further compensation package to the relatives of the victims, he said and added that compensation had since been paid to the families of riot victims.

Earlier, LJP chief and Union Fertiliser minister Ram Vilas Paswan, during his electoral campaign, had raised fingers on the previous government for patronising the accused in cases relating to the riot for gaining political mileage.

The RJD chief and Railway Minister Lalu Prasad had, however, refuted the allegations saying that steps were taken to book the culprits and action taken report (ATR) related to the riot were submitted in 1995.

The NDA decided to have a fresh look into the issue in tune with the its pledge to bring out a white paper on Bhagalpur riots once it came to power.

http://news.webindia123.com/news/showdetails.asp?id=220194&cat=India

Bhiwandi Riots 1970 : Judicial Report on RSS participation

Bhiwandi, Jalgaon, Mahad, May 1970 Toll: 164 (Muslims: 142; Hindus: 20) Probe: The DP Madon Commission of Inquiry

Shiv Jayanti, the birth anniversary celebrations of Shivaji, used to be a private affair till 1964, when youngsters organised the first public ceremony in Bhiwandi. It excluded the Muslim community. Riots were sparked off in 1967, when participants in the Shiv Jayanti procession threw excessive gulal while passing the Nizampur Jumma Mosque. In subsequent years, the procession was barred from taking this route.

In 1969, the Shiv Jayanti Utsav Samiti split - 19 of its members formed the rival Rashtriya Utsav Mandal (RUM). “Out of these 19, the first 15 names were either members of the Jan Sangh or were pro-Jan Sangh,� the commission noted.

The commission established the link between the RSS and Jan Sangh: “A number of Jan Sangh leaders have been members of the RSS and have held important offices in it... Atal Behari Vajpayee, till recently the president of the Jan Sangh, has himself declared he was in the RSS.�

In 1970, RUM submitted a memorandum to the administration demanding that milch animals should not be slaughtered on Bakri-Id, which fell on February 12.

On March 11, Bhiwandi, for the first time, celebrated Shivaji’s death anniversary. The occasion was used to warn the Muslim community against beating drums on Moharram, due on March 19. Two days later, 45 persons petitioned the administration to disallow drums in the Moharram procession. Holi was to fall on March 22.

The commission observed: “That the Holi pits were widened and Holi fires blazed intensely only with a view to cause obstruction to the Moharram processions is quite apparent from the fact that after March 19, that is after the Moharram processions were over, the Holi fires which were lit were much less in intensity.�

In May, it was Shiv Jayanti again, and RUM stepped up its campaign to get the administration to allow it to take its procession through Nizampura. The Muslims protested initially, but relented when Dr BP Vyas, a local Jan Sangh leader and dominant figure in RUM, took upon himself the responsibility of restraining the marchers from shouting provocative slogans and throwing gulal at the mosque.

But the promise was belied, and the police arrested two participants who shouted provocative slogans. The others refused to budge until the two were released. The police agreed, but the procession continued to shout slogans. Insulted, Muslims started to pelt stones. And the riots began.

The RUM propaganda had attracted around 3,000 to 4,000 people from neighbouring villages, who joined the procession armed with lathis wrapped in the official RSS flag. “These police officers and policemen could not have been so naive as not to have seen through the ruse that Bhagwa flags were tied to lathis in order to circumvent the ban against the carrying of weapons...� commented the commission. “The evidence also leaves no doubt that these lathis were brought by the villagers at the instigation and instance of RUM.�

The commission was categorical: “The organisation which has both directly and indirectly provoked the disturbances which took place in Bhiwandi, Khoni and Nagaon on May 7, 1970 and thereafter is the Rashtriya Utsav Mandal, the majority of the members of which belonged to the Jan Sangh or were pro-Jan Sangh, and the rest, apart from a few exceptions, to the Shiv Sena.�
(Courtesy: The Hindustan Times, March 12, 2000) Bhiwandi, Jalgaon, Mahad, May 1970 Toll: 164 (Muslims: 142; Hindus: 20) Probe: The DP Madon Commission of Inquiry

http://www.rss.org.in/article.php3?id_article=87

Bihari Muslims 2005

Muslims in Bihar: Findings of a Survey
Yoginder Sikand

Few studies exist on Muslim social and educational conditions in India. For their part, few Muslim organisations have engaged in such research, being largely incapable or else unwilling to do so. The state, too, has taken little interest in documenting the actual living conditions of Muslims in different parts of India.

Last year, the Asian Development Research Institute, Patna, came out with an in-depth report on the Muslims of Bihar. Sponsored by the Bihar State Minorities Commission, the study is one of the few well-researched surveys on the subject, and certainly the only one of its sort on the Bihari Muslims.

Bihar has the highest number of Muslims in India after Uttar Pradesh, and is characterized by widespread poverty and inequality. Muslims rank among the poorest communities in the state, many of them being descendants of ‘middle; and ‘low’ caste converts. According to 2001 census, the Muslims in Bihar numbered 137.2 lakhs, constituting 16.5% of the State’s total population and 9.9% of the country’s total Muslim population. 87% of the Muslim population in Bihar lives in rural areas, and the rest in towns and cities.

rural

The survey indicates a very high degree of landlessness among the Muslims living in rural Bihar, as well as a high ratio of Muslims with very small landholdings. Only 35.9% of the Muslim households in rural Bihar possess any cultivable land, the corresponding figure for the general population being much higher, at 58%. The percentage of rural Bihari Muslims actually operating some land is even lower, at 28.8%. In other words, for about one-fifth of the land-owning Muslim households the amount of land owned is so marginal that they have no option but to lease their land to a cultivator with larger landholding. As a result, nearly three-fourth of the rural Muslim households are dependent largely on agricultural wage employment and, to a smaller extent, on whatever limited self-employment is available outside the agricultural sector.

Muslim marginalization in rural Bihar is more apparent when one considers the size of their landholdings, the study says. According to the 1990-91 Agricultural Census of Bihar, the average landholding was 2.32 acres. The survey finds the average size of landholding of cultivating Muslim households to be much lower, at 1.91 acres. Further, barely 8.2% of the Muslims households in rural Bihar have landholdings over 2.0 acres. The percentage of Muslims households having at least five acres of land (generally considered to be the minimum size of an economic holding) is miniscule. The survey also finds that although land ownership is much lower for rural Muslim households than for the general population, relatively better irrigation facilities available to the former in some districts that partially compensates for this disadvantage.

Rural Muslim poverty in Bihar, the study shows, is also reflected in the low level of other farm-related assets. Only around a fourth of the cultivating households own a plough and just 3% a tractor, which is less than 1% of the total number of rural Muslim households. Only 10.4 % possess pump sets and some 56% of own some livestock, a figure almost 5 per cent less than that of the general population. For Muslim households in rural Bihar, the study shows, not only is their average land ownership less than that of the general population, but they also are experiencing a slow process of land alienation. The additional amount of land bought by rural Muslim households during the last five years (2.4 percent of the household reporting buying of some land, with an average of 0.32 acres of land per buying household) is less than the land sold by them (2.5 percent of the households reporting selling of some land with 0.49 acres of land per selling household).

Many Muslims living in rural Bihar belong to artisan caste communities However, the survey finds that today barely 2.1% of rural Muslim households are engaged in artisan-based activities. This indicates that in the face of competition from the modern manufacturing sector, traditional artisan-based activities have fast disappeared, forcing artisans to become landless agricultural labourers or else to migrate to cities to work as manual labourers. The average value of implements used by Muslim artisan household was found to be a mere Rs. 2200, and the average annual income from artisan-based activities for such families is only a little more than Rs.16000. This suggests that many rural Muslim artisan families live below the poverty line.

The survey did not come across any rural Muslim household engaged in any modern manufacturing activity. In its sample of 1586 urban Muslim households, it found just 12 (0.6 percent) households engaged in such activity. The average value of machinery per production unit for these households is around Rs. 25000, and the average annual income from these manufacturing units is only about Rs. 51,000. The survey provides the following table on Bihari Muslim workers employed in different sectors of the state’s economy.

According to the survey 28.4 percent of rural Muslim workers are landless labourers, and on an average, they find work for only 230 days in a year. Prevailing average daily wage rates for a whole day’s labour are pathetically low (Rs. 28 in the off-season and Rs. 32 in the peak season), which means that a labourer’s mean monthly wage earning is less than Rs. 600. Making living conditions even more difficult for them is the fact in more than half the working days they have to move outside the village for work.

Overall, this means that Bihari Muslims are characterized by a high degree of poverty and deprivation. Their per capita income is estimated at Rs. 4640 in rural areas and 6320 in urban areas. 49.5% of rural Muslims and 44.8% of urban Muslims in Bihar are estimated to live below the poverty line. 41.5% rural Muslim households and 24.9% urban Muslim households are said to be indebted, the average outstanding loan for the two categories being Rs. 6790 and 4990 respectively, which, as a percentage of the annual income, works out to 21.5% and 11.45% respectively.

Interestingly, according to the survey the housing conditions of Muslim households in rural areas are somewhat better than that of the general population, with relatively more Muslim families (25%) living in pucca houses than among the general population (10.1%). This could be because some of the poor Muslim households have become so only in recent generations owing to a distinct process of marginalisation. Hence, while their present income may be low, their housing conditions might be better. For the same reason perhaps, nearly half of the rural Muslim household (47.4%) also have separate kitchens. Roughly the same proportion of rural families have electricity connections as do non-Muslim families (about one in every eight households). Only about one-fifth of rural Muslim households do not have ration cards, almost all being from poor families.

Urban
Economic differentials between the Muslim and general population are, according to the survey, much wider in urban than in rural areas. Ownership of a dwelling unit is less common among urban Muslim households (72.2%) than among the general population (84.7%). While 51.2 % Muslim households live in pucca houses, the figure is 57.3% for the general population. While only 47.2% urban Muslim households have electricity connection in their homes, the figure is around 75% for the general population. Around a fourth of the urban Muslim households are without ration cards.

This report concludes with a plea for greater intervention by the state and Muslim community organisations to address the issue of Muslim social and economic marginalisation. Given the extreme paucity of data on Muslims in India, studies such as this one urgently need to be conducted in other states of India as well.

CABE Report on textbooks and schools outside the government system

MADARSAS: There are a large number of madarsas in Bihar, Uttar Pradesh and West Bengal. Particularly since 9/11, 2001, madarsas have found themselves the focus of hostile attention. They are accused of obscurantism, criticized for teaching mainly religious texts and of failing to equip Muslim children with credentials and skills necessary in today’s labour market. Apart from imparting religious knowledge a large
number of madarsas are teaching Arabic, Persian and Urdu.

There are three main division of madarsa education in the state of Bihar: (a) Bihar State Madarsa Board: Tahtania- Primary level, Wastania- Middle level, Foukania- Secondary level. (b) Imarat-i-Sharia Madarsa Education: Imarat-i- Sharia approved by the Bihar Rajaya Madarsa Board, Imarat-i- Sharia (not recognized). (c) Regional Madarsa Education: Madarsas run by volunteer organizations and regional leather business guilds.

Bihar State Madarsa Education Board recognizes both the government and private publications. Socio-religious organizations and private organizations also publish textbooks on their own initiative. Even after the establishment of Bihar State Madarsa Education Board textbooks have not been printed for many years. Only private publishers publish some guess papers and additional materials for the purpose of getting through the exams.

The report from Bihar gives a brief history of madarsas in India, from their establishment in mosques set up in the eighth century. It refers to the egalitarian principles of the Sufis, similar to those from which our Constitution takes inspiration, according to which people from different cultural contexts and of different religions would sit and dine together.

Coming to the contemporary context, after alluding to the fact that free and compulsory primary education was the price we paid for investment in higher education in the years after Independence, it argues that the free education provided by madarsas gives them a significant role in India today. Madarsas have structures in place for the transmission of knowledge, and they have institutional credibility in the community. Teaching is carried out with commitment. Although the vision behind this commitment is religious, it should not preclude the possibility of madarsas rising to the challenge of meeting the new
expectations of them from society. All that is necessary is that this vision be renewed, which would provide them fresh impetus to carry on their work.

For example, Delhi has around 40 madarsas.126 Some of these madarsas follow the NCERT syllabus (Urdu medium), while others teach only manqulat (religious education). But the madarsas following the NCERT syllabus are handicapped by having to deal with poor translations of English textbooks.127 Those teaching religious education follow a curriculum dating back to the eighteenth century. It includes the Quran, Fiqh
(Jurisprudence), Sarf and Naheu (Arabic Literature and Grammar) and Tarikh (history from the Prophet to Khilafat-I-Rashida, 610-661 CE). The Delhi and Uttar Pradesh reports note that madarsas are using NCERT texts but most of them are still using medieval texts, which make no contribution to the education of children, in fact these can only help in the self-perpetuation of madarsas as they can only produce for madarsa teachers. As the qualifications provided by these madarsas are not recognized elsewhere,
they prepare students only to become teachers themselves in these schools or to become Imams, Moazzins, Imams, Khatibs, Qazis and Muftis.

Like Vidya Bharati, the Darul Ulum Devband and Nadvatul Ulema produce their own textbooks. Deeni Taleemi Council publishes for certain subjects (mainly religious education) but follows the recommendations of the State Board regarding others. The Council of Anglo-Indian Schools provides a curriculum and leaves the choice of books to school principals in consultation with teachers.

For Uttar Pradesh, the following Madarsa books were examined: Kissalauumbia for children, Islam Ki Taleem, Khilafat-e-Raashida, Misaali Hukmaran, Ashraful Noori, Husn-e- Muasharat and Uski Takmeel Me Khwateen Kaa Hissa, Ummat-e-Musallima Ki Maen, Akhlaaqi Kahaaniya, Urdu language books (from Class I to V), Hindi language books (from Class I to IV), Aaina-e-Taarikh.

The books do not say anything negative against any other religion and do not slander non-Islamic religions or people. But the books related to Islam glorify everything Islamic to a point of sharpening the religious identity of students. Blind faith, rather than critical and scientific thinking, dominates these books. The most troubling aspect is that children are deprived of alternative viewpoints. In some books, while talking of ideal persons, mostly Muslim characters are included and there are very references to non-Muslims. Thus, the discourse in these books is heavily Muslim-centric and worse still it becomes
isolationist.

But in some books (like Hindi language books and Urdu language books) large number of non-Muslim personalities are presented in an affirmative manner making these books impartial and open-minded.130 Some of the books emphasize the positive values of communal harmony, objectivity, simplicity, honesty, and mercy for animals, equality, sacrifice and integrity. The Hindi language books, for example, focus on the importance of patriotism.

On gender issues the books are totally uncritical and status-quoist. While the domestic roles of women are highlighted their social roles are by and large given no space in these texts. Men's domestic responsibilities are almost absent. Promoting such retrograde impulses do not bode well for efforts to enhance consciousness of gender equality. The books Husn-e-Muashrat and Ummat-e-Musallima Ki Mae are only for girl’s madarsas. The madrassas do not feel the need to tell girls about other good women or about good
men or fathers or to tell boys about good women. These books mention only Muslim women, which narrows the students' ethos and horizon, and would undoubtedly hinder a sense of being part of the mainstream.

These books are confessedly written from an Islamic viewpoint and not from a scientific viewpoint. Even historical events are treated as God-created thus making an understanding of history totally theistic and irrational. Some of these positions are shared with the RSS viewpoint. For example the reference to pre-Aryan cultures as extremely degenerate and describing the Aryans as great and gentle. Thus Aryans are praised in highest terms.

On Buddhism also there is some similarity between Jamaat's and Vidya Bharti's (RSS) perspectives. Both are uncomfortable with the Buddhist principle of non-violence and regard it as an impediment in putting curbs on wrongdoers. On the whole the books are replete with religious and theistic prejudices and superstitions.

Occasionally Hindu kings are maligned and Muslim kings are praised. The Bhakti period is presented within a very narrow and communal framework. The report noted that the communal bias of these books is obvious, but the tone is not aggressive and number of such references is small compared to the Saraswati Shishu Mandirs books.

But the Islamic viewpoint is so dominant that even the coercion on Muslims to follow Islamic rituals is mentioned with praise. But the coercion of non-Muslims is not praised. Overall the framework of these books is communal and extremely narrow and this can be seen in the criticism of Akbar's Deen-e-Ilahi.

Certainly, madarsas provide very limited education, and they are not an alternative to formal schooling. However, recent studies have pointed out that the choice of madarsas is a matter of inadequate alternative educational provision and it is a feasible recourse for those whose lack of resources leaves them little room for manoeuvre.132 In rural areas and poor urban areas, madarsas are much more significant in Muslim formal education. They are meeting the unmet demand for schooling in Uttar Pradesh and West Bengal.
Nevertheless, madarsa education does have problematic implications. The special curriculum for girls exemplifies the problems of madarsa education. For example, madarsa students in Bijnor town in Uttar Pradesh are initially taught to read Urdu primers and simple extracts from the Quran.133 The most commonly used Urdu textbooks include Dini Talim (Religious Education), Talim-ul- Islam (Islamic Education), Fazail-e a mal (Virtuous Actions). Larkiyon ka Islami Course books “contain 20-25 on topics ranging
from recipes to dowry, and from embroidery to poems, questions and riddles with a theological bent.”134 Most of them detail religious practices or stories criticizing harmful un-Islamic practices or deal with a woman’s domestic competence. It’s often in the form of advice literature for women and girls: Muslim women are to follow adab (etiquette) and akhlaq (moral virtues).

Contrary to stereotypes, one recent study found that of the 576 madarsas 553 i.e. 96.01 percent favour introduction of modern subjects to make the madarsa education more purposeful in ensuring a better future for the students.135 The ability of madarsas to modernize by introducing subjects such as science, Hindi and English is constrained by finances. Arabic, Persian and Urdu and Islamic subjects occupy prominent positions in most madarsa curricula.

Several kinds of state intervention have been proposed: to regulate and inspect madarsas, to oversee their curricula and insist that they are registered with the government. Establishing Madarsa Boards is one form of regulation that some states have followed. This has also helped the process of modernization of curriculum. While modernization and regulation of madarsa curriculum is needed, it is ultimately a defensive strategy that poses no challenge to the structures that perpetuate Muslims’ educational backwardness. The danger of educating significant numbers of Muslim children separately from those of
other communities provides few opportunities for interaction and dialogue and minimizes social contact between them and others. It creates the space for the escalation of prejudices and stereotypes and the reinforcement of particularistic and distinctive identities on both sides of the Hind-Muslim divide.

Full report: http://education.nic.in/cabe/textbooks.pdf

Curriculum in the average Madrassa

The general curriculum followed in a madrasa is based on theology known as Dars-e-Nizami running for
about 15-17 years. In India, there are about fifteen pivotal seats of learning with the supreme one being
Darul Uloom Deoband. The present curriculum includes fiqueh (jurisprudence), mantiq (logic), falsafa
(philosophy of religion), hi’yyat (trigonometry and geometry), balaghat (linguistics), aqueedah (faith), faraiz (duties), tafseer (interpretation of Quran), Hadees (Prophet Mohammed’s dictates) and Hikmat-e-Shariah (personal laws).

The scope for a student who has passed out from a madrasa is quite limited as he is oblivious to the
world around him. He can either become an imam, a katib (calligrapher), a muazzin (one who recites azaan
from the mosque), a wai’iz (sermonizer), a khateeb (preacher) or an aalim (theologian).. Over the past 300
years, the Dars-e-Nizami has become anachronistic since there are no alterations to accommodate the
changing needs of time. 12

There are schemes and funds allocated by the union government for modernisation of madrassa curricullum

Note: (I) Madrassa curriculum needs to be rationally examined
(2) National stock and monitoring needs to be taken of the scheme announced by the government every
year to modernise madrassa education and it’s effective implementation. These need to be publicised.

The content of the syllabus of the Deoband madrasa represented a firm commitment of the founders of
the school to the classical Hanafi tradition. The Dars-i-Nizami of the early eighteenth century Mulla
Nizamuddin continued almost intact, except for the excision of certain “rational sciences” (maqulat) such as Greek philosophy, which were deemed to undermine faith in the divine nature of the Quranic revelation.

In addition, more books of Hadith (narrations about the sayings and deeds of the Prophet Muhammad) and
fiqh were introduced. The overwhelming focus of the curriculum was on Islamic jurisprudence, so much so
that, in the minds of the Deobandis, Islam was seen almost as synonymous with the shariah, while the rich
tradition of classical Islamic theology (kalam) was almost completely ignored. Unlike the Muslim modernists
of their time, as represented by Sir Sayyed Ahmad Khan and the Aligarh school, the Deobandis saw no
room for ijtihad or interpreting the demands of the shariah in the context of modern conditions. The “gates
of ijtihad” (bab-ul ijtihad), were, they insisted, “firmly closed”.13

Following 9/11, several nationwide seminars on Madrassa education were held where papers were
presented in the context of the efforts to malign madrassa education. The acute need to modernise the
curriculum as well as the need for institutions like the Aligarh Muslim University, the Jamia Millia Islamia and the Jamia Hamdard to make special efforts to spread education among the Muslims as well as to assist madrasas to modernise their syllabi and methods of teaching was made strongly by former AMU Vice
Chancellor Dr Saiyed Hamid.

The Firanghi Mahal madrasa, established in the late 17th century in Lucknow, played a leading role in the
development of madrasa education in India.

The syllabus prepared by the founder of the madrasa, Mulla Nizamuddin Sihalwi, and named as the darsi-
nizami after him, is still used in the vast majority of Indian madrasas. In his paper, Dr. Mohammad Tazeem
of the Jamia Millia Islamia traced the history of this madrasa, noting the great stress that the syllabus that it taught placed on the ‘rational sciences.’ This syllabus was essentially geared to the training of qazis and muftis and other administrative officers in the Mughal court.

However, since the times have changed and the traditional ‘rational sciences’ included in the dars-i-nizami
are now of little relevance, Dr. Tazeem suggested the need to replace them with their modern equivalents
while placing greater stress on the understanding and teaching of the Qur’an and the Hadith. He criticised the tendency in many madrasas of teaching commentaries upon commentaries of old books, and suggested the
need for developing a new understanding of Islamic jurisprudence in accordance with the times. 14
Even where the madrasa authorities are open to change, issues of implementation remain. Maulana
Muazzam Ali Khan, principal of Madrasa Darul Uloom Rehmania in Sangam Vihar, Delhi, says no one
came to him with the madrasa modernising scheme. “The 1994 scheme for modernising madrasas failed
because the officials never consulted the madrasas — the people concerned — for ground realities and basic
requirements”, he says.

Funding of Madrassas

In India, the number of madrasas is now estimated at some thirty to forty thousand, with a similar figure
for Pakistan and probably a slightly smaller number in Bangladesh. Most madrasas share a common system
of administration. At the apex is the sadr mudarris (the head teacher), who is assisted by a team of fellow
ulama. The teachers are themselves products of madrasas, few having had any access to modern education.
Funds for the running of the madrasas generally come from public donations, from earnings from properties
controlled by the madrasas, from endowments (awqaf), from sale of skins of animals sacrificed on the day
of Bakr Id, and, in some cases, from organisations based in Arab countries. In Pakistan and Bangladesh,
several madrasas also get funds from the government.34

Government Schemes and Failure to Monitor Fund Disbursal

The Central government allocated Rs 9,568.68 crore in the ninth five year Plan (1997-2002) for the
‘empowerment’ of the 145.31 million Muslims, Christians, Sikhs, Buddhists and Zorastrians. The ministries
of human resources development and social justice and empowerment also administer a number of welfare
schemes for them. The Maulana Azad Foundation, with a corpus of Rs 30.01 crore, exists for promoting
education, so does the National Minorities Development and Finance Corporation (NMDFC) for providing
concessional finance for setting up self-employment ventures.
_________________________________________________________________________________________________
Note: Reports of how these monies are disbursed and used need to be publicised. Does the State encourage
liberal and modern elements within the religious community that further secular, Constitutional values?
_______________________________________________________________________________________

If you are prepared to introduce sciences and mathematics in your curriculum, apply for government
funds for modernising your ‘maktab’ and ‘madarsa’. If you live in one of the 41 minority-concentrated
districts, take advantage of the community polytechnics and the industrial training institutes. If you require pre-examination coaching, look out for the 380 NGOs that would train you to compete for various jobs.

The news is that 27,770 candidates are said to have already benefited from this scheme. The NMDFC,
for example, claims to have disbursed credit worth Rs 114.70 lakh, but nobody knows whether the
funding has been extended fairly and judiciously. It would appear that government agencies are keen to
dole out monies and not monitor the impact of various development measures on the minorities and
suggest remedial measures.

Full report: http://www.sabrang.com/khoj/CABEReport.pdf

Communal Riots 2000 : Asghar Ali Engineer

COMMUNAL RIOTS - 2000
January 1-15, 2001
by Asghar Ali Engineer

The year 2000 also witnessed number of communal riots like other years. Unfortunately there has been no year free of communal violence despite the BJP's assurances of 'riot-free' India. However, the post-Babri demolition trend of riots on smaller scale continued this year also. In most of the riots only a few human lives were lost. The riots during eighties were most devastating, each riot involving loss of more than 100 lives.

The account for the year 2000 was opened in Azamgarh, U.P. on 27th January when trouble broke out in Shibli College. The mischief began with singing of "Vande Matram" by the All India Bhartiya Vidyarthi Parishad (ABVP) students which is a student front of BJP. Other students refused to sing and the controversy took dangerous turn when many people were injured and many shops were looted and burnt. Later on two persons were stabbed in Mubarakpur in Azamgarh district. In these disturbances more than 180 persons were arrested. The senior superintendent of police, Azamgarh was transferred. Six companies of para-military forces were deployed to contain the situation.

Ahmedabad is a perennial trouble spot and has become communally a supersensitive area. Even before the BJP government came to power Ahmedabad was quite sensitive and had witnessed many major communal clashes. In fact one of the reasons of the fast growth of BJP in Gujarat has been repeated communal violence. After the BJP captured power in Gujarat the VHP and the Bajrang Dal have become very bold and often indulges in vandalism against minorities and the police remains mute witness. Now it is the VHP which decides whether minorities should stay in a particular area or not. Often it does not even allow Muslims to set up shops in majority dominated areas. Many of us think that we should encourage people to live in cosmopolitan areas to increase interaction between various religious communities but the Sangh Parivar bigots are preventing minorities from settling in Hindu dominated areas.

Thus in Ahmedabad a mob of 40-50 people attacked the newly constructed five story building in Vishwakunj Society near National Institute of Design in Paldi area in Ahmedabad on February 5, 2000 causing damage to property worth 20 lakh of rupees. A car parked nearby was also set on fire. The mob was shouting 'Jai Shri Ram'. They also threatened the care-taker of the building with dire consequences if he revealed their names to the police. The building was owned by one Wasim Kothiwala. A police officer said that 'a group of Hindus have attacked the building and ransacked it as it is owned by a Muslim and this area is thickly populated by the Hindus."

The violent attack on Muslim families in Paldi once again stirred the communal passions in Ahmedabad. The city police was groping in the dark about this mindless vandalism. The Deputy Commissioner of Police Shri T.S.Bisht said, "These vandals are from the same locality and they attacked the families as they do not want these Muslim families in their neighbourhood."

Next, Tonk in Rajasthan witnessed communal frenzy on 20th February when two groups of students clashed with each other. One student was killed. Curfew was clamped on town. More than 8 persons were arrested in this connection. It all began with some quarrel between students of two communities - Hindus and Muslims. Thereafter students belonging to one community attacked the students belonging to another community. One student Nasir was severely beaten up who succumbed to his injuries later. Communal tension spread between the two communities as a result of these incidents. Curfew was clamped in Tonk from 5 A.M. These students also tried to destroy the places of worship. About 40 persons were arrested in this connection.

Next in row was Nanded, Maharashtra where Hindus and Muslims clashed over a piece of land on 2nd March, 2000. The trouble erupted when a shop owner belonging to a minority community tried to raise a permanent structure. Twelve shops were gutted seemingly by short-circuiting in one of the shops. It was difficult to say whether it was short-circuiting or a case of setting fire. The piece of disputed land was claimed by Dhangar Samaj and they proposed to build a temple there. A number of communal incidents were caused by property disputes and it could be said that vested interests used religion as a cover for their purposes. Because of this, entire communities got involved in what could be called private property disputes.

The other major cause for communal clashes are Hindu and Muslim festivals. In some or the other place communal trouble erupts on Holi, Ganesh or Durga procession or Tazia procession in Muharram. Thus on the occasion of Holi on 19th March more than five lives were lost in various places in the country. In Farrukhabad district of U.P. alone 2 persons were killed including one woman when people of two communities clashed over the question of throwing colour. In Calcutta three persons died when the police opened fire on the mob consisting of Hindus and Muslims. Of those died one was killed in Howrah area in the police firing. According to the police, one group of people completely drunk was trying to throw colour on unwilling people of another community. When the police tried to prevent it from doing so it began pelting stones on the police. Another incident took place in Hugli district in which one person died and several were injured. The third incident took place in the suburbs of Calcutta when twenty four year old youth was killed as he objected to being smeared with colour.

In Ghaziabad U.P. there was communal tension as the district administration did not permit bonfire of Holi. The Hindus refused to celebrate Holi in protest. The land where Holi bonfire was, was a disputed piece of land between Hindus and Muslims. The Allahabad High Court had permitted Muslims to offer Eid prayers there but had not given any instruction about Holi bonfire. The police had to make strong arrangements to guard the place in view of communal tension in the town.

On the occasion of Holi in Madhupur village of Behraich district 12 persons were badly injured when Hindus and Muslims clashed. The clashes began when some drunkards tried to throw colour on Muslims and they protested. Fifteen persons were arrested in this connection.

After Holi it was turn of Muharram in April 2000. The Muslims took out Tazia processions on 10th day of Muharram to mourn the martyrdom of Husain, the grand son of the Holy Prophet. In Sasaram, Bihar two groups of Muslims clashed over taking out Tazias. The matter went to such an extent that the police had to fire in the air to disperse the clashing mobs. In these clashes about two dozen persons including a police constable were injured. The two groups attacked each other with lethal and fatal weapons.

Varanasi, another communally sensitive area, witnessed eruption of violence on 19th April. Curfew had to be clamped in Varanasi following communal clashes that left one person dead and two others, including a policeman, injured. Two more persons were injured when fresh bout of violence erupted when miscreants hurled bombs in the curfew bound Telabagh area under Chetganj police station. Indefinite curfew had to be clamped on 19th April under Chetganj, Luxa, Dashmasumer Ghat, Chowk and Bhelupura police stations after clashes.

On 19th April evening, a young man was attacked by a group of unidentified people as he was passing through a Muslim neighbourhood. Following that, members of the two communities clashed in the area leading to the fatal stabbing of a 22 year old man, Vinod Kumar Jain, who was merely passing through the neighbourhood on his two wheeler. This led to violence spilling into other neighbourhoods. Situation became very tense and intensive patrolling had to be done and all schools and colleges were closed for two days and examinations postponed in centres falling under curfew bound areas. One more person was arrested in connection with the stabbing incident and number of arrested in various incidents in Varansi reached 61.

Madhepura, Ahmedabad witnessed communal violence on 21 May when two persons were suddenly stabbed while buying vegetables. Hearing this, rival mobs of two hundred each gathered on both sides and began pelting stones. Arson and looting spread to Dudheshwar Cross Roads. A grain shop and a scooter were set on fire and two other shops and a handcart were destroyed. To disperse the mob police threw 15 tear gas shells. A police sub-inspector was also hurt near the chin. The police said it was looking for one Hindu Vishwa Parishad man who had been arrested earlier for his involvement in similar riots in Madhepura a year back.

Next communal violence erupted in Kopergaon, Ahmednagar district in Maharashtra. It was on 25th May 2000 the communal tension on the question of eve teasing near a dargah and a temple became palpable. Then some persons began to demand that the dargah be removed from there or the Hindus will install an idol near Idgah. It was after this that some elements belonging to Shiv Sena-BJP who began to set fire to Muslim shops. Three bangle shops, two waste material shops, two spare parts shops, one pan shop, one repair garage and one truck, all belonging to Muslims were set on fire. The police, Muslims in Kopergaon alleged, did not help them. It remained mute spectators. It was after 9 P.M. that SRP reached the spot and controlled the situation and enforced Article 144. About 7 persons were arrested but released in the morning.

On 24th June 2000 police post of Yamunapushta, Delhi came under attack as the police arrested one Ishaque and Shah Alam, Bangla Deshis as suspects in a bomb blast. However, people around the place maintained that Ishaque was working during the day and teaching children in the madrasa at night. Then rumour spread that the police had desecrated the Holy Qur'an. The Muslims of the area surrounded the police post and began pelting stones. Even lathi charge and tear gas shells did not bring the situation under control. The mob set fire to a motor vehicle of police parked nearby and ransacked the police post destroying all the records. The police then resorted to firing in which one person Ganga Ram was injured and another person Mujahid 18 was killed. The policemen who were trapped inside escaped death narrowly as the mob thought they were dead and left the place. Two constables coming to the post were also surrounded and beaten up as they were carrying tear gas lobs.

Guntur came under curfew on following a bomb explosion in a mosque on 26th June 2000. According to the police, curfew was clamped on Monday morning in Kothapet, Lalapet and parts of old city areas, while rest of the town continued under prohibitory order under section 144. No reports of violence were received after the curfew was imposed and no arrests were made in connection with the incident. An all party procession was taken out in Mangalagiri town in protest against the explosion in the mosque. Some shops also downed shutters to register their protest.

The Andhra Pradesh government announced a reward of Rs.25 lakhs to anybody providing information about the persons responsible for the attacks on religious institutions in the state. Chief Minister Chandrababu Naidu who visited the blast site made this announcement after a meeting with religious leaders. He also announced that police protection will be provided at all religious places belonging to minorities. An additional police force including two companies of the RAF were deployed to maintain peace in the area.

However, violence did break out in Guntur next day. The Guntur police arrested 30 persons in connection with the torching of buses and attack on APSRTC bus station after the bomb blast in the Markaz Mosque. Some trains were also detained at the Rapatla railway station. A massive procession of about 800 people was also taken out at Tenali.

In Malpura area of Tonk district communal violence broke out on 10th July, 2000 after killing of Kailash Mali who was an accused in the post Babri Demolition riots of December 1992. Apparently it was a revenge killing as Kailash Mali was involved in several cases. However, communal disturbances started after his killing which claimed six lives in Malpura.. After the death of Mali a jeep was discovered according to Gulabsingh Shaktawat, Home Minister of Rajasthan with 4 dead bodies in it. These bodies carried the signs of attacks with sharp weapons. Curfew was clamped in the area and two companies of Armed Constabulary were deployed.

Fresh disturbances broke out in Tonk district on July 12 in which one woman was killed. Indefinite curfew had to be imposed on Tonk district. According to the police a woman was killed and three children injured at a village on the Toda Raisingh Road in Malpura town where communal clashes had claimed 10 lives till Tuesday. The curfew continued for the third day at Malpura and for the second day at the district headquarters, Tonk. Three companies of Rapid Action Force had to be rushed from Delhi for maintaining law and order.

In Ahmedabad particularly in the old city area like Kalupur, Dariapur, Jamalpur communal situation is always extremely fragile. On ordinary incidents Hindus and Muslims start fighting with each other. On July 14 2000, for example, situation became very tense with the rumour of one Muslim youth teasing a Hindu girl. Mobs of more than 500 gathered on both sides and began pelting stones at each other. The police arrested 26 persons and detained 200. At about 8-30 P.M. heavy stone pelting and clashes took place near Nagina Park and Wadilkam area. Officials of Dariapur police rushed to the spot with the SRP jawans, even as a mob of 1000 residents pelted stones on the police officials. The police resorted to tear gas shelling and firing in the air to disperse the mob. However, no one was injured in the firing.

However, worse was yet to come on communal front in whole of Gujarat when the VHP gave a call for Gujarat Bandh after killing of about 100 pilgrims in Kashmir allegedly by the extremists. The VHP went on rampage in Gujarat and destroyed properties worth lakhs besides places of worship and dargahs. Many secular activists and NGOs from Gujarat prepared a comprehensive report running over 44 pages titled Saffron On the Rampage- Gujarat's Muslims pay for Lashkar's Deeds.

According to the Report, "In Ahmedabad, Surat, Sabarkantha (Lambadiya, Khed Brahma and Modasa villages) and Pahlanpur and Rajkot, Muslim business establishments - power looms, granaries, printing presses, shops and godowns - were cold-bloodedly targeted by indigenous terrorist squads led by elected representatives belonging to Bhartiya Janata Party, the Vishwa Hindu Parishad and the Bajrang Dal. In Surat alone, a senior correspondent of the Financial Express has estimated the total damage by the selective destruction through full fledged arson of only Muslim-owned power looms …at Rs.10 crores totally. In Modasa Village of Sabarkantha district, of the 63 business establishments charred to nothingness, 51 belonged to Muslims, 12 to Hindus totalling to a loss of not less than Rs. 1.5 crores."

The report further says, "If Gujarat is Hindutva's laboratory, as the proud proponents of this political ideology have so often declared, what took place in Gujarat on the day of the Bandh on August 3, and for a week thereafter, should be viewed as one more test case of Hindutva in action."

The report continues, "Despite the fact that many sections closed down businesses and shops on that day fateful day, in support of the outrage against the Amarnath yatris, for the squads of Hindu Rashtra, this was just not enough. Publicly, office bearers of the VHP and BD, and in many cases helped by selected representatives of the BJP, bayed for more blood in revenge for the Amarnath yatris, and got it with the help of the government and the police: destruction worth crores and all the form of property and businesses owned by Muslims in the state."

It is not possible in this report to give all the details of what happened in various places in Gujarat on the fateful day of strike (3rd August). However, it is enough to say that it was display of naked fascism by the Hindutva forces who would never tire to claim that Hindus were much more tolerant and the BJP, as pointed out earlier, would bring 'riot-free India' in its manifesto. A Dargah was also burnt. According to Deepak Trivedi of Asian Age, "The VHP's bandh call officially endorsed by the BJP in Gujarat, took a violent turn when VHP and Bajrang Dal activists carrying saffron flags moved around in different parts of the state forcing people to close shops. Brandishing trishuls and mashaals the activists shouted anti-Pakistan and anti-Muslim slogans and attacked people and establishments belonging to minority communities."

According to Trivedi, in Ahmedabad a dargah was razed to the ground opposite the Amdapur police chowky in Nafroda area. The police was a mute witness to the miscreants storming the dargah, breaking the roof and destroying it completely before setting it on fire. No arrests had been made in this case. In another case of vandalism, St.Xaviers School in Meghraj taluka of Sanbarkantha district was attacked by VHP and Bajrang Dal activists. Father Peter was injured in the attack. According to Father Cedric Prakash, the school remained closed in support of the bandh but the miscreants rushed inside the school promises, where over 380 tribal boys and girls were lodged in hostels.

In Surat bandh took violent turn in which several stabbing cases took place and left a student dead. Violence broke out in Surat in the afternoon when the VHP activists tried to force closure of shops. A number of shops were looted and burnt.

Mathura in U.P. witnessed outbreak of communal violence on August 15, 2000. The police resorted to firing in which two persons were killed and 15 others were injured following clashes between Hindus and Muslims. The dead were identified as Kale (12) and Mushtaq (22). The violence took place in front of Govindnagar police station near Krishna Janambhoomi site. The violence was sparked off by a dispute over a plot of land. When Hindus started constructing a wall on a plot of land Muslims objected to it saying that plot was being used as a cemetery under the supervision of the Wakf Board, a claim rebutted by the majority community. The members of the two communities threw crude bombs besides acid-filled bottles at each other. Finally the police had to resort to firing killing two persons.

Nanded in Maharashtra again witnessed violence on 13th September 2000. Four persons were stabbed to death in a fresh outbreak of communal violence and the authorities clamped a dusk to dawn curfew. The four villagers who had come to city were stabbed. About 25 persons were arrested in connection with stabbing incident in the Itwara area of Nanded. The disturbances started apparently when some miscreants threw stones on Ganesh procession from one of the bye-lanes in Itwara area. The news spread like wild fire and large scale riots broke out. When, according to the police, lathi charge proved ineffective it resorted to firing injuring four persons. One of the injured was in critical condition.

The next town to witness communal violence was Biharsharif, a town communally sensitive and which had witnessed communal catastrophe in 1981 in which more than 400 persons had lost their lives. This time it happened on the question of installing a Durga idol on a disputed piece of land on October 9, 2000. Violence broke out and the police opened fire in which one woman Bachia Devi was killed and three others were injured. The police opened fire at several places to quell the mobs in which four persons were injured. Three columns of army and Rapid Action Force and Bihar Military Police had to be employed to quell the disturbances.

Tension had gripped the town on 8th October when thousands of kar sevaks had started building a temple on the disputed site where they had earlier installed an idol of goddess Durga on October 4th. The idol was removed by the authorities later. Enraged by the removal of idol and partial demolition of the construction the frenzied mobs started vandalising private and public properties leading to imposition of curfew. According to eyewitness reports, the members of a community came out defying curfew regulations, blocked streets with burning tyres and wooden logs. The number of arrests went up to 145 following night-long raids in connection with the incidents of arson when shops belonging to the minority community and government officials were attacked. The marble idol of goddess Durga was removed to the police lines and the police authorities asked the organisers either to install it at a private place of their choice or at a place earmarked by the authorities to defuse tension.

Azamgarh in U.P. has become sensitive not only from the point of view of Hindu-Muslim conflict but also from the viewpoint of Shia-Sunni mutual problems. On 6th November violence between Shias and Sunnis broke out with great fury in Mubarakpur in Azamgarh district. The police authorities described it as "well planned sectarian clashes". The death toll mounted to 11 and three out of those injured were quite critical. Even after few days after the clashes the situation in Mubarakpur was highly tense. Six companies of PAC and two companies of RAF had to be deployed to maintain peace. Many people thought that the sectarian violence in Mubarakpur was a result of murder of the Shia leader Agha Syed Mahdi in Srinagar. But this could not be confirmed. Even days after the clashes the town was simmering with tension.

Communal violence also broke out in number of places after Prime Minister A.B. Vajpayee gave a statement that the construction of Ram Temple in Ayodhya was an expression of 'national sentiments'. Some Hindutvawadis took cue from P.M.'s statement and went on rampage in several places like Rae Bareli and Moradabad in U.P. and Nawsari in Gujarat. Nawasari has been very peaceful town and even during communal frenzy in nearby Surat in 1992-1993 it had remained peaceful. It witnessed communal violence almost for the first time.

In Nawsari in South Gujrat communal disturbances broke out on 3rd December in which 14 persons were seriously injured. Indefinite curfew had to be imposed in the town police station area. First disturbances broke out in Alipur area where two communities clashed on the question of cow protection. About 15 shops and hawkers stalls were set ablaze. The police had to fire 15 rounds in air to disperse the mob. There was once case of stabbing also.

In Moradabad the violence broke out on 9th December when a boundary wall of a place of worship was demolished in Galshahid area at the instance of some local politicians. The police had to lathicharge in more than 12 places as the disturbances spread to different areas. About 20 persons were held but no one sustained serious injury.

A Muslim, 45-year-old was beheaded inside the mosque in Trinulveli district in southern Tamil Nadu. Communal tension spread in neighbouring districts also after the gruesome incident. The two unidentified assailants who killed the Muslim made good their escape. However, the police authorities maintained that the situation was under control and police pickets had been put in all sensitive areas. According to the police sources two persons scaled the mosque's wall around 11 p.m.Saturday night and singled out for attack Abdul Rasheed among the three men preparing gruel for Ramzan prayers. Six other persons were sleeping inside the mosque. First a petrol bomb was thrown and thereafter they attacked Rasheed with knives.

These were communal incidents and riots, which took place in the year 2000. On the eve of the new year of 2001. Communal situation as such is quite worrisome. Communal propaganda has intensified and major communal riot can take place anytime and anywhere the communal forces want. Unfortunately countervailing forces are not very active. The communal forces have totally free hand and more often than not go unchallenged.

Communal Riots 2001: Asghar Ali Engineer

COMMUNAL RIOTS - 2001
January 1-15, 2002
by Asghar Ali Engineer

The year 2001 also, like previous years witnessed several communal riots throughout India of which some were minor and some major. The riot broke out in Kolahpur on 31st December 2000, the last day of last year and continued in January 2001. A territorial Army Jawan Abhijt Suryawanshi was killed in Jammu and Kashmir in a suicide bomb explosion. He hailed from Kolahpur Maharashtra. His body was flown to Kolahpur. Shiv Sena gave a call for bandh but some people of minority did not close their shops and stoning began on their shops. The crowd was 10,000 strong pelting stones. The crowd was also protesting against the 'pro-Muslim' statement given by the Minister of State for Textiles Prakash Awde in Icchalkaranji a day ago.

The situation became tense in Kolahpur and Shiv Sena's call for bandh aggravated it. The administration, however, persuaded the Sena to withdraw its call for bandh but many Shiv Seniks did not like it and indulged in heavy stone throwing. Sudden burst of stone pelting sent a wave of panic across the main market and shops and business establishments downed their shutters. However, though there was tension and stone pelting incidents there was fortunately no loss of life.

Similarly there was communal violence in Ranchi, Bihar on 30th December which too spilled over to the month of January 2001. On 29th December which happened to be an Eid day (Ramzan Eid) police fired and three Muslim youth were killed. Though it was not clear why police had to resort to firing but it resulted in killing three Muslim youth. It led to unrest among the Muslims and Minority Front and other Muslim organisations gave call for Ranchi Bandh on 30th December. The demonstrators set fire to two police chowkies and also RAF vehicles were heavily damaged. Many Muslims came out on roads after the Friday prayers and indulged in violence. The administration then imposed curfew at 3 P.M. The army also had to do flag march to restore normalcy. Chief Minister of Jharkhand Babulal Mirandi ordered an inquiry into the police firing. The violence, however, continued on 1st January also.

The death of Deputy Superintendent of police who was injured in brick batting and subsequently had ordered firing on the incited mob in which three Muslim youth were killed, died on 1st January 2001 which again gave rise to fresh bout of violence on 1st January 2001 in Ranchi. The death of Mr. Jha was deemed ominous as the police had threatened to paralyse the state police administration. However, nothing untoward happened as the situation was controlled.

Next Kishtwar in Jammu witnessed communal violence on 2nd January after Jama Masjid was gutted apparently by short circuit. The people in the town turned violent after entire Masjid complex including the library and madrasa were reduced to ashes. The mob turned violent after police lathicharge to disperse swelling mob. The mob manhandled the SDM and AP. The office of SDM was set ablaze. The administration had to impose curfew on Kishtwar.

Ahmednagar in Mahararashtra witnessed communal incidents after two dead animals were thrown into a mosque on 5th January. The mob collected on hearing the news and stoned the passing vehicles. The authorities took no chances and deployed 300 Jawans of state reserved police to control the situation. All shops downed their shutters in several localities. The police was alerted in the region. Mr. Gopinath Munde of the BJP alleged that ISI and Lashkar-e-Tayyiba were involved in the incident.

On 6th January communal incidents occurred at a very unlikely pace - Goa where BJP Government was caught unawares. The BJP's one time electoral ally, the Shiv Sena stoked communal fire in the north Goa town of Mapusa in a dispute over a make-shift prayer hall set up for Ramazan. The Muslims accused the Sena of damaging the religious book. The Sena also lodged a Shivaji statue with saffron flags in the area. However, communal tension did not erupt in major violence.

On 29th January Nasik witnessed communal flare up after demolition of a part of the mosque. The violent mob, on hearing of demolition of part of the mosque indulged in stone throwing. Noorani Masjid's ablution house and imam's residence were not the plan approved by the Municipal Corporation and hence were demolished and this led to violet incidents. Fifty persons were injured in stone throwing incidents, which included two police constables and three fire brigade workers. The police authorities took immediate steps and increased police bandobast. Some Muslims from Nasik told a delegation of Raza Academy that we have no quarrel with our Hindu brethren but we have complaint about the police brutalities. Muslims are afraid of coming out of their houses. The police also had to impose curfew when a peace march was stoned on 1st February in Kazipura locality. The curfew had to be re-imposed in riot affected Bhadrakali. Shops, establishments and schools remained closed for the day fearing violence. The police arrested 96 persons. The number of persons injured after these incidents reached 75. The police had fired nine rounds to control the mob.

The police re-arrested many Muslims in the riot affected Bhadrakali area after they were released on bail. These Muslims were re-arrested on 8th February. They were re-arrested on rioting charges. This led to unrest among the Muslims and some lawyers appealed to the judge to direct the police to arrest on all charges at one go.

On March 5 communal violence broke out at Moradabad in U.P. which claimed two lives on the occasion of Iduz Zuha (Bakar Id). A Hindu neighbour opened fire on Muslims performing ritual of animal sacrifice on the occasion of Id in Sambhal town in Moradabad district killing two persons. In the ensuing violence many houses were set ablaze, which sent communal tension soaring up. Eighteen families were rendered home-less as houses were set afire. The police arrested five persons on charges of murder. Those who hit by firing were bystanders and onlookers. Those whose houses were looted and set afire complained that everything including jewellery was destroyed and that the PAC Jawans did not act and remained mute observers.

The burning of the Qur'an on 9th March in Delhi led to widespread communal incidents in various parts of the country. In Aurangabad the police were forced to open fire in air and lob tear gas shells after 13 persons were injured in stone pelting. The mob also tried to set fire to a police van. Similar incidents were also reported from Nander and Parbhani in Marathwada. Hyderabad also witnessed stone throwing from Mecca Masjid in Charminar area at passers by. Four persons were injured including one photo journalist. Mumbai also was tense, some stray incidents took place.

Pune city was also affected by communal violence. Incidents of arson and burning of buses occurred after a group of people that had gathered for namaz at Mecca Masjid in Gani Peth in Pune turned violent Stone throwing began and all shops in the area were closed. Gani Peth and Ghodpade Peth areas were badly affected. More than 78 people had been arrested. The mob looted a bakery and ransacked a medical shop in Gani Peth and Lohiyanagar. The rioters also burnt an autorickshaw and a moped. Number of other localities like Swami Vivekanand Society, PC Staff Colony and Ghafur Takiya were also affected. It should be remembered that Pune is comparatively a peaceful town.

'Holi' usually witnesses many communal incidents. On 10th March 8 persons were killed and 6 others injured in the Shambhu village of Nalanda district, Bihar when two groups clashed with each other. The clashes occurred between the two groups on the question of singing Holi songs. The Police Superintendent Shri Geeteshwar Pande reached the spot and brought situation under control.

Kanpur is a very communally sensitive area. It comes under communal spell repeatedly. In March after the Qur'an burning incident in Delhi SIMI (Student Islamic Movement of India) took out a protest march and put up objectionable posters in the city. The procession was fired upon by the AC killing more than 12 persons, all young Muslim boys. Several shops were set afire in Beconganj. It is reported by the eye-witnesses that the PAC was itself part of looting shops. A religious place and 12 shops were set ablaze. It is said that properties worth several lakhs were damaged. The role of PAC was so notorious that it had to be withdrawn from several Muslim areas for its involvement in violence. An additional District Magistrate (Finance) was also killed. He was killed in very suspicious circumstances. It is alleged by Muslims that the PAC killed him because he refused to order firing on the procession. The police, however, alleged that he was killed by a bullet fired from near the mosque. The issue remains contentious as no hard evidence either way is available. Only a thorough judicial inquiry will reveal the truth.

It is true that the SIMI had a hand in taking out procession in protest against burning of the Qur'an in Delhi and for putting up objectionable posters in the city, the role of PAC was highly communal. The Muslims suffered heavily. According to The Times of India report, dated 28 March, 2001 "Muslims undoubtedly suffered. Be it chemist shop owner Liyaqat Ali of Warsi Market cloth merchants like Atiq Ahmed, Mohd. Arif, Rais Ahmed, Haroon Ahmed or Farhan Ahmed, all testify that their business establishments were looted by PAC Jawans in broad day light. The PAC behaves like the Hindu chauvinist force and on one does anything about it.

The SIMI has over the years spread communal poison among the unemployed Muslim youth. Its posters were also highly provocative. There was no need for such procession and poster campaign. Innocent Muslims had to pay heavy price for the provocation by SIMI. All sensible Muslims condemned the provocative postures of SIMI. The BJP Government of U.P. did not take any action against the PAC Jawans for its indiscriminate firing on the procession and for looting Muslim shops and terrorising them. In all U.P. riots the PAC plays such ant-Muslim role. But riot after riot it is posted the moment riots break out in U.P. After Kanpur riot some prominent Muslims demanded a composite police force to tackle the riots. But it is an old demand. The rioting in Kanpur, looting and murder was so intense that the Times of India headline in its 24th March issue says, "Gutted streets in Kanpur resemble a 'Shamsan' (where dead bodies are cremated).

A joint women's delegation (All India Democratic Women's Association) also squarely blamed the police which abetted Kanpur riots (See Times of India, 24th March, 2001). The BJP's claim that under its rule no communal riots take place is completely exposed by Kanpur and several other riots, which have taken place under the BJP rule. Also, U.P. has witnessed maximum number of riots after independence. According to one report some 7464 riots and communal skirmishes take place in U.P. every year, which amounts to about 622 communal incidents per month.

Moharram is another occasion when communal violence breaks out in several places. On 6th April Ajmer which is centre of Sufi saint Hazrat Moinuddin Chishti witnessed curfew after dispute over the route of taziyah in Nasirabad in Ajmer district. Communal violence broke out and army had to be called in. There were incidents of arson, looting and stoning. When the police could not control the situation, curfew was imposed. In Ajmer on hearing that some miscreants have broken the outer boundary of a temple, a burning tyre was thrown onto taziya procession. But the police controlled the situation.

On 16th April Beawar town in Rajasthan came under spell of communal violence. The police had to impose curfew. More than two dozen people were injured during these disturbances. The disturbances broke out, according to the district collector when VHP and BJP procession was stoned and bottles of acid were thrown to it by some miscreants. The situation became explosive after stoning. The procession was taken out to demand arrest of those people who were involved in construction of a religious place in a village nearby.

On 8th April two groups of people Hindus and Muslims clashed with each other during Muharram procession in Kopargaon, Maharashtra and the police had to open fire in the air to disperse violent groups. More than 8 persons were hurt in these clashes. A police inspector was also injured during the clashes.

Ahmad Nagar is another communally sensitive centre in Maharashtra. On 12th April a Ganesh idol was found damaged and disturbances broke out. On learning of this a religious place belonging to Muslims was seriously damaged. The BJP-Shiv Sena workers collected outside the religious place and started doing maha arti. Several places in town came under spell of violence. According to the police about 12 youth were arrested for damaging the Ganesh idol.

Banswada in Rajasthan, though not communally sensitive, also witnessed communal clashes. Rajasthan these days has become a stronghold of communal forces. The VHP is openly distributing trishuls to Hindus and this trishul has a shape of knife which can be used for stabbing. Thousands of such trishuls have already been distributed by the VHP volunteers.

In Banswada communal violence erupted on hearing that three persons were killed in a road accident who belonged to the other community. This was enough to ignite the situation and the police had to impose curfew on 20th May which continued up to 24th May when it was lifted and there were no untoward incidents. Bhilwada in Rajasthan has also become very sensitive.

Next Chamrajnagar in Mysore district in Karnataka erupted with communal violence after murder of a youth belonging to minority community on 2nd June. Arson and looting began on a large scale. The situation became so serious that the police had to impose curfew. Twelve persons were taken in custody for inquiries.

Lucknow too has found its place now on the map of communal violence during BJP regime. Earlier it was mainly known for its Shia-Sunni clashes. On 5th June trouble erupted near Tilewali Masjid when the police constable accosted a Muslim girl and asked her to accompany him to police station. This led to unrest among the Muslims who had gathered to witness illumination on the occasion of Shab-e-Barat festival. Muslims protested and violence began. The Muslim youth alleged that the constable was misbehaving with the girl whereas the constable maintained that the girl was making obscene gestures.

Many people came out of the mosque and began pelting stones and burnt down the police Chowkie. Some policemen were thrashed. The police opened fire and one young boy Naeem was hit and died on the spot. The police could not control the situation, as there was no adequate force. Most of the police were posted in another locality where madh-esahabah (Sunni Muslim) procession was being taken out. The mob therefore became very aggressive and inflicted lot of damage on properties. Number of autorickshaws were burnt down. Another person who was also hit by the police bullet died next day in the hospital and number of those died rose to two in Lucknow disturbances.
On 5th June night Jamner in Jalgaon district in Maharashtra became hub of communal violence after an incident of eve teasing in Anand Mela in that town. This was only a triggering event. Many communalists taking advantage of this came out with swords in hands and began looting and burning properties. In all 17 properties were gutted fourteen of which belonged to the Muslims and three to Hindus. In this town the MLA and sarpanch both belong to the BJP. The Muslims of Jamner maintained that it was not really a riot between Hindus and Muslims but an attempt by the communalists to terrify Muslims of the town. The population of Muslims in this town of 65 thousand is thirty thousand. It is quite substantial population. Unfortunately those responsible for looting and arson fled the town and had not been arrested even many days after the incidents.

Another town in Maharashtra, Sangamner experienced communal violence. It seems this year Maharashtra saw many communal incidents, more than forty and the opposition members attacked the government for this in the assembly. Sangamner witnessed communal violence on account of the film Ghadar. This film became quite controversial and some Muslims felt that it should be banned. The two groups of people of Sangamner clashed and one person died. In fact it was not film Ghadar which was being shown but another film Lagan during which trailor of the film Ghadar was shown leading to these clashes. This happened on 9th July. After coming out of the theatre the two groups clashed and indulged in stone pelting injuring many people. Irfan Tamboli was seriously injured and died two days later. The Government posted CRPF Company in the area to control the situation.

On 23rd July a gang of miscreants attacked houses of minority community in Saraswa Gor village in Moradabad district in U.P. and killed 6 persons including a two year old girl Shabina. No one was arrested and the whole incident is shrouded in mystery. The Police said the motive could be robbery. This mayhem continued for two and half hours in the village and people were done to death by iron rods. Because of this beating one Anwar Khan, his wife and two-year-old daughter died on the spot.

A deputation of Jamiat-ul-Ulama visited the village and refuted the police theory that the motive could be robbery on the grounds that those killed were very poor and hardly anything in their house worth robbing. It clearly seems to be a communal incident to terrify Muslims. , Maulana Asad Madnai also demanded that the concerned policemen of the Thana should be suspended for neglect of duty. The opposition members also raised the matter in Parliament and demanded thorough inquiry. The parliament session was disrupted.

Muzaffarnagar in U.P. witnessed tension, looting and arson on 5th August when some highly objectionable pamphlets were thrown on a Mosque. This led to clashes between Hindus and Muslims and many people were injured. The Police had to impose curfew in the town in view of the seriousness of the situation. In Meenakshi Chowk when members of two communities came face to face the police had to fire in the air. Stoning continued for some time and properties were set to fire. The matter was so serious that it led to disturbances in Parliament during question hour next day when the members of Samajwadi Party raised the matter in Parliament.

Karjagwant in Malegaon district in Maharashtra on 7th August, Raebareli in U.P. on 3rd August, in Mumbra near Mumbai on 28th August there were communal incidents in which there were instances of stoning and minor violence leading to curfew to avert major incidents.

On 12th August in Amravati, near Nagpur in Maharashtra the Shiv Seniks attacked some Muslims who were taking oxen for slaughter leading to clashes in which two persons were killed and 30 persons were wounded seriously. The police arrested 70 persons in this connection. The Bajrang Dal activists were keeping watch near the slaughter-house and preventing the Muslim butchers from taking their animals for slaughter, often attacking them. Because of this, tension was prevailing in the town between Shiv Sainiks, Bajrang Dal people and Muslim butchers which led to eruption of violence on 12th August resulting in two deaths and injuries to several persons.

Ahmedabad witnessed communal incidents on 24 and 25th August. Hawkers belonging to minority community were beaten up in Maninagar area. And since the police took no action a bandh call was given by a minority organisation which resulted in forcible closure of shops and stone throwing in which 10 people were injured including 4 policemen. Stone throwing incidents took place in Mirzapur, Kalupur, Garden Chowk and Panchkui areas. Then on 25th August violence broke out in Daryapur area of Ahmedabad and the police had to impose indefinite curfew. The police also opened fire in which one person was killed. The police fired six rounds. The police arrested 4 Bajrang Dal people for inciting violence in Ahmedabad after one more Muslim succumbed to injuries thus pushing death toll to two.

There were communal skirmishes in Bhadgaon in Jalgaon district in Mahrashtra on 5th September when Hanuman idol was found polluted with excreta. This desecration of Idol was discovered at 4 P.M. and it spread like wildfire in the town leading to soaring up of communal tension. A mob began attacking and looting nearby shops and a religious place was desecrated. Some kerosene tankers were also upturned. The police had a tough time controlling the situation.

On 26th October Malegaon in Maharashtra witnessing major communal rioting in which 13 persons were killed, several injured and properties worth more than 15 crores damaged. A Muslim youth distributing pamphlets outside a mosque calling for boycott of American goods was arrested and taken to waiting police van. This angered Muslims coming out of the mosque after Friday prayers and then disturbances began. The mobs from both sides began attacking, looting and setting fire to properties. The police opened fire resulting in death of three persons on spot. Two persons were killed in stabbing and more succumbed to their injuries later.

The disturbances spread to many villages nearby and members of Shiv Sena attacked Muslims in these villages where they were in small minority. Their properties were looted or destroyed. The riots went on for about a week in these villages. Curfew had to be imposed in Malegaon town for several days and was lifted gradually. Kanpur riot of March and Malegaon riot of October-November were two very major riots in the year 2001 and both these riots shook the country.

Though these riots taking place in Post-Babri demolition period are not as horrendous as those taking place in Eighties, they are still a shame for the secular India. In eighties of twentieth century the average number of deaths used to be more than 250 to 300 in these riots, after demolition of Babri Masjid average death has been around 25-30. But this provides hardly any relief. One should see that no riots take place. The West Bengal CPM Government has succeeded in maintaining communal peace. It should become a role model for other states as well. For almost all riots politicians are responsible. It is only in people-oriented politics that riots can be eliminated, not in power-oriented politics.

Communal Riots 2004: Asghar Ali Engineer

COMMUNAL RIOTS - 2004
January 1-15, 2005
by Asghar Ali Engineer

Like the year 2003, 2004 also did not witness any major riot. In fact the Gujarat carnage of 2002 was so traumatic that it may take sometime for the country to see communal violence on such scale. It is well known fact that major communal riot cannot take place without planning and organised efforts. The Gujarat carnage would not have been possible without BJPs and Gujarat Government's involvement. Of course it cost the BJP dearly and one of the reasons of loosing the Lok Sabha elections in 2004 was the Gujarat carnage as admitted by no less a person than A.B.Vajpayee, the BJP Prime Minster. Thus for the time being the BJP dare not involve in organising rioting on such major scale.

It is for this reason that both in 2003 and 2004 we do not find any major sustained communal violence except for riots in which couple of lives were lost. It is interesting to note that for last few years Western zone of the country i.e. Gujarat and Maharashtra have mostly witnessed communal violence. Gujarat still remains communally sensitive and without major de-communalising campaigns (and there is no such possibility as long as the BJP is in power in Gujarat) Gujarat will remain communally highly sensitive. Maharashtra too is quite communally sensitive next to Gujarat. Though there is Congress-NCP secular alliance in Maharashtra, there are no serious efforts to ideologically fight the Shiv Sena-BJP combine. Shiv Sena-BJP though it failed to come to power in the last state assembly election, it continues to wield ideological influence.

Thus the first communal clash in 2004 took place in Vadodra, Gujarat. Due to a cycle mishap the two groups belonging to Hindu and Muslim community clashed with each other and started pelting stones at each other on 6th January in Sajaynagar, Tsiwadi. According to the Police Commissioner Sudhir Kumar Sinha when the SRP personnel tried to control the mob, it was attacked. The SRP Jawan then fired two rounds in the air. SRP Jawans were injured in the stone throwing.

Then on 8th January 7 persons were injured in two of them seriously, in a group clash at Jalgaon-Jamod Tehsil in Buldana district of Maharashtra. A minor incident involving a cyclist and a truck driver escalated into a major clash between Hindus and Muslims. Senior police and revenue officials rushed to the spot and controlled the situation.

In M.P. state elections had taken place in December 2003 and the BJP had won. The BJP is trying to Hinduise tribals in Jhabua and other tribal belts of M.P. in order to win their political support. It had campaigned in a major way in Jhabua district, which is adjacent to Gujarat state. Thus Jhabua became communally quite sensitive. Thus communal clashes took place in Jhabua district between Bheels and Christians on 17th January. Actually Bhils attacked Christian Missionaries and killed one person.

Communal tension was on the rise for last few months, following the decision of the RSS-VHP cadres to prevent religious conversions by Christian missionaries. Backers of the latter, belonging to the ferocious Bhil tribe, struck back on Friday night with bows and arrows in the Alirajpur area killing one person (unofficially three), injuring over a dozen, and setting a few vehicles and buildings ablaze. It was alleged that the most serious incident had occurred when a religious procession of Sadhvis attached to a Hindu Saint Asaram Bapu at Amkhunt village was attacked and the women manhandled. The Sadhvis were distributing religious literature when the surprise attack occurred.

Earlier a 9-year-old girl was raped and murdered and her body found in a toilet inside a missionary school it had raised communal temperature as some Christians were suspected to have done that. But it was a false rumour and Chief Minister Uma Bharti herself confirmed that the culprit arrested had no connection with the church. It seems the religious literature being distributed was not innocuous and likely to have provoked some Christians. Chief Minister assured that the Christian missionaries working in the area would receive full protection.

It was again Godhra in Gujarat that a communal incident took place on 18th February in which six persons were injured, including a police sub-inspector and two constables when members of minority community and the police clashed in this sensitive town. The flare-up comes barely 10 days before the Sabarmati Express incident two years ago. It all started during police operation to arrest Salim Paanwala, one of the main accused in the Sabarmati train carnage from Umar Masjid in Saat Pul area. The locals alleged that the cops misbehaved with them, beating them up and ransacking their houses. One Amin Guri sustained serious injuries and was shifted to SSG Hospital in Vadodra for treatment. Two other civilians injured in the incident were identified as Rafiq and Yaqub. According to the SP. Police more than 35 persons were arrested. Though situation was under control, additional forces were deployed to maintain law and order. Paanwala was absconding and on being tipped police came to arrest him and this incident took place. Among those beaten up by the police was Husaina Farooq Jiteli, a six-month pregnant woman. She told the cops hit me on the abdomen when I resisted my husband's arrest. The house of Kasimbibi adjoining the mosque was ransacked. "My two sons had just returned from the mosque when the police broke open the door and began beating up them", she said.

Ujjain in M.P. witnessed communal incidents on 22nd February as M.P. under BJP rule has become more communally sensitive. The state under the BJP was experiencing more and more communal incidents. On 22 February two groups clashed on the question of removing illegal shops in front of a mosque after which 7 areas came under curfew. These shops were being removed for facilitating Mahakumbh Mela. In these clashes 10 persons including I.G. police Sarabjit Singh were injured. The police used lathicharge, tear gas shells and water cannon to control the clashing groups. More than 57 persons were arrested. About 200 Muslims who had taken refuge inside the mosque were transported to safe places.

Vadodra in Gujarat again witnessed communal violence on 27th February in which three persons were killed and 13 others were injured. The violence erupted after the Tazia procession was stoned in Bavamanpura area. One person was beaten to death. Paresh Pushwani when he was travelling on scooter was attacked by a mob of 200 persons. He succumbed to his injuries in the hospital. One another person was hit by the police bullet and one person was stabbed to death. Thirteen persons injured included four police personnel in stone pelting. Nagin Parmar and Chotalal Borsi were attacked by sharp weapons by a mob in Paginate area of which Borsi succumbed to his injuries. On 29th February one person was stabbed to death again in Panigate area. But police refused to accept it as a communal incident and ascribed it to personal quarrel.

On the eve of Moharram small incidents took place in several towns on 2nd March in India. Moradabad in U.P. witnessed stone throwing, one person was stabbed in Baroda, Gujarat, ships were closed in Ajmer in Rajasthan. In Pratapgarh one laundry was set on fire. In Barida Muslims decided not to take out Tazia procession to maintain peace in the city. Baroda again witnessed violence on 4th March when one more person was stabbed in Yaqutpura area. There were incidents of stone throwing between two communities in Yaqutpura, Fatehpura and other areas. More than 5 persons were injured including two policemen. Police resorted to firing in the air to disperse the mob.

After Moharram Holi festival on 7th March became an occasion for communal clashes in Darvha town of Yeotmal district in Maharashtra. Curfew had to be imposed after 16 persons were injured. Violence broke out when coloured powder fell incidentally on the mosque. And 24 persons were injured when clashes broke out in Sikandrabad locality of Allahabad in U.P. when minority community members objected to Holi revellers passing through a particular lane. Two groups pelted stones at each other damaging many shops and vehicles in the area.

Ahmadnagar in Maharashtra experienced communal violence on 7th March when a Shiv Sena MLA was arrested for provoking violence on 3rd March. Ahmadnagar had witnessed communal violence on 10th of Moharram (3rd March) and next day i.e. on 4th March Chitre Road, Sarjepura, Tillikot, Milindnagar and Delegate areas Muslim shops were attacked, burnt and looted. The violence continued for more than five days. Though Muslims were main victims the police arrested many Muslim youths. Muslims were greatly upset due to alleged partial role of the police.

Bhavnagar in Gujarat came under pall of communal violence after one person was stabbed on 4th March at midnight. More than six persons were injured including a woman in these communal clashes. This happened when one group tried to stop another group from taking out religious procession. The police also recovered body of a 9 year old child with injuries on its body but it was not clear whether he was killed in communal incident.

One person was killed in Chirli village of Gwalior in M.P. on 7th March on the occasion of Holi and 23 were injured of whom many were critical. The clashes between Hindus and Muslims started when Holi revellers threw colour on some Muslims. Knives and other weapons were freely used during the clashes.

Baroda was under spell of communal violence yet again on 4th May when 5 persons were injured in walled city when the two groups clashed with each other. The police was forced to lathicharge, then used teargas shells and then fired in the air when a mob attacked a house. The mob damaged two vehicles in Chabuksawar Mohalla and Pancholi area. Two persons were arrested for resorting to violence. Two injured youth were taken to hospital of which one was in critical condition. His name was Shahnawaz Qureshi. The police fired two rounds but no one was injured. The clashes broke out after two persons quarrelled on the question of parking their vehicles.

Next communal disturbances took place at Chita Camp, Trombay in Eastern suburbs of Mumbai on 7th May. Police sources said that trouble began following an altercation between members of the minority community and devotees of who were participating in a procession taken out from Mariamma temple in Cheetah Camp. Some members of the minority community objected to the procession being carried out late in the night in front of the mosque. They objected to the playing of drums. Some one threw stones on the procession and devotees retaliated. Temples and mosques are situated closed to each other. Next day there was stoning at the time of Friday prayers. The police lathi charged and brought the situation under control at midnight. Eighteen persons including several policemen were injured.

Next rioting broke out again in Gujarat in Savarkundla Town of Amreli district on 14th May. A police head constable Abdul Sattar Baloch stabbed one Sukhabhai from the Koli community. He later succumbed to his injuries and people returning from his funeral procession began to stone Muslim houses and set a truck ablaze. Curfew was imposed. Sukhabhai was stabbed during cricket match. He died one week after that. The communal disturbances broke out after his death.

On 15th May communal riots occurred in Gomtipur Ahmedabad. Eight persons were injured and more than 16 persons were arrested. The members of two communities clashed on the occasion of Ambedkar Jayanti. Two shops were also set ablaze by the rioters.

Meerut, a communally sensitive city in U.P. witnessed communal flare up on June 19 in which two persons were killed. The communal flare up took place after one Babi Gujar was killed on 18th June and people returning from his funeral began to stone near an Eidgah. Communal violence intensified thereafter and one person was stabbed and one was killed by firing. Curfew was imposed in the Sardhana area of Meerut where disturbances broke out. The police sources said three persons were killed. Many were arrested. Curfew continued next day also and in all 48 persons were arrested.

Next Sanghavli village in Muzaffarnagar district in U.P. came under spell of communal violence on 21 July in which one woman was killed and 20 persons were injured. One Dalit girl two and half years old Shivani was knocked down by a car belonging to a Muslim. Thereupon Dalits attacked the Muslim locality and began to fire. The police on receiving information rushed to the scene and took injured to the district hospital where one woman Raghuviri succumbed to her injuries.

Gujarat continues to take cake in communal violence. Verawal in Gujarat witnessed communal frenzy on 26th July in which 2 persons were killed and 8 were injured. The violence between the two communities broke out on the question of eve teasing. A young Hussain Zair was killed in Taj Society when police opened fire to disperse rampaging mobs that resorted to heavy stone pelting and setting ablaze nearly 40 shops and as many vehicles, police said. Another person was stabbed to death in Jalaramnagar area and was brought dead to civil Hospital. The person could not be identified. Curfew was imposed but rioting was going on in some areas. The girl who was teased belonged to Kharva community and teaser was a Muslim boy.

Belgaum on border area of Karnataka and Maharashra witnessed communal clashes between the two communities in which about 50 persons including 20 women were injured in Durbar Gulli of the town. The injured had to be hospitalised. The Belgam Devathal had organised puja in all the city temples to mark the last Tuesday of Adhik mass. A large number of people thronged the temples. Some devotees began to throw turmeric powder at a temple in Durbara Gali as members of minority community were coming out after offering prayers from a mosque. Some people objected to turmeric powder being thrown and scuffles started. After the ritual persons from both the communities started pelting stones. Both the communities blamed the police for inaction. A year before also violence had broken out during the same ritual.

On 16th August Akola came to experience communal violence in which one person was killed and one was severely injured. During the celebration of independence day there was some quarrel between two groups and violence broke out. The person who died was identified as Rau. Six persons were arrested. This led to communal tension in the area.

On 15th August violence broke out in Petla in Anand district of Gujarat on the question of parking an Autorickshaw between two communities. The police had to resort to firing in which one person was injured and curfew had to be imposed. Many shops were set ablaze. To keep the situation under control additional police force was rushed to Anand.

On 7th August there were serious clashes between Hindus and Muslims in Akot of Akola district in Maharashtra in which 3 persons were injured. It started with a man being wounded by a scooter of another community. Stone throwing started after arguments between them. One car was also damaged. The police reached the spot swiftly and cooled the tempers with the help of social workers. Akot is a communal sensitive area so security was immediately beefed up.

Then on 29th August in Dekhar Gaon of Anjha Taluka in Mehsana district of Gujarat witnessed clashes between two communities in which more than 15 persons were injured of which two persons were in critical condition. The police reached the spot on time and brought the situation under control. According to the police a son of a retired police officer had gone to the village for Puja and clashed with persons of minority community and others got involved from both communities.

Jalna and Purna in Marathwada district of Parbhani in Maharashtra witnessed bomb blasts near a mosque after the Friday prayer on 27th August in which 23 persons praying in the mosque were seriously injured. The persons who threw bombs came on motorcycles and their faces were masked. Their identity could not be established immediately. Since it was on the eve of state elections it was suspected that communal forces tried to ignite communal violence to polarise Hindus and Muslims. The department declared security alert throughout the State in view of these bomb attacks. Mr. Sharad Pawar, the NCP chief also warned in a press conference in Marathwada that communal mischief will not be tolerated. This bomb incident created an acute sense of insecurity among Muslims.

In Khantalao, Bhandara Maharashtra communal violence broke out on 11 September on the question of land ownership and 20 persons were injured. Many shops were set ablaze. More than 60 persons were arrested. The trouble broke out when Siv Sena and Bajrang Dal people gave a call for bandh to protest against a plot of land near a temple having been wrongfully occupied. The Shivsainiks soon became violent and began to attack minority community in which 20 persons were attacked. More than 35 places were set to fire. Curfew was clamped to control the situation.

Muradabad in U.P. another communally sensitive place, saw communal disturbances on 15 September in which one person died. The problem began with dispute about the construction of a wall in the courtyard of a mosque. Stoning and firing took place between Hindus and Muslims and one person was killed and 18 persons were injured including two policemen. The members of two communities fought despite the presence of the police personnel.

Baroda again came under communal spell on 19th September in which six persons were injured when Ganesh Chaturthi procession was being taken out in the Panigate area which is hyper sensitive and witnesses communal violence repeatedly. The procession was passing through Dudhwala Mohalla of Panigate area.

Badohi in U.P. known for carpet weaving experienced communal violence on 24th October when idols of Goddess Durga were being taken out. It took violent turn when some slogans were raised during the procession of idols. The mob set afire several shops including an electronic shop on Chauri and Gyanpur Roads. About 24 persons were injured. Rapid Action Force and additional police forces had to be deployed to control the situation. The mob also damaged buses and obstructed movement of trains on Bhadohi-Varanasi-Janghai route. 10 persons were arrested for rioting and violence.

In Padrona Qasba of Kushinagar, U.P. disturbances broke out on the question of hoisting a flag near the idol of Durga in which 25 persons were injured and 38 persons were arrested according to the police.

Bhopal in M.P. saw communal clashes in the Shahjahanabad Policethana area on 26th October in which one person died and one was critically injured. Curfew was clamped and judicial inquiry ordered. Deceased was identified as Jaiprakash. Two children quarrelled and their elders intervened leading to communal clash.

Zakaria Buder area in Mumbai witnessed communal violence on 1st November near Cottongreen station in which seven persons were injured. Trouble broke out when a fruit vendor Habibullah was beaten up by some youth from Ambewadi Chawl because of previous enmity. Habibullah's friends intervened and two groups started pelting stones and threw bottles.

Silcher town in Assam also was rocked by communal violence on November 7 in which 50 shops belonging to minority community were burnt and looted and they sustained loss amounting to crores of rupees. It all started when police refused to give permission to take out a funeral procession of an employee who was murdered through minority locality. The mob went on rampage and curfew had to be imposed.

All the riots we have described above started with small incident which are quite common place but did not assume serious proportion and could be controlled easily as there was no intention by any communal party to exploit these incidents for engineering communal violence for political purposes. No major communal riot can take place without previous planning and providing infrastructure for the same. Any of these incidents could have assumed serious proportions if any communal party had intended to exploit it for their interests.

The major riots also start with small triggering incidents. In that case police is also under pressure not to act and let the violence spread. In post-Gujarat situation, the communal forces did not want to engineer any major riot and hence both in 2003 and 2004 we see only small communal incidents but no major and widespread communal violence. In all these instances the police could effectively control communal violence as they could act independently without any political pressure. If the police is under strict instruction not to allow communal incidents and politicians do not interfere no riot can continue beyond few hours. Widespread communal violence takes place not only by the connivance of unscrupulous politicians but by their complete involvement.

Communal Riots 2005 : News clippings from HRLU


COMMUNAL RIOTS – 2005
(News Clippings on Communal Riots for the year 2005 )

HUMAN RIGHTS & LAW UNIT (hrlu)
INDIAN SOCIAL INSTITUTE
Centre for Reseach, Training and Action for Socio-Economic Development and Human Rights
Lodhi Road, New Delhi - 110003 (INDIA)
Email: hru@unv.ernet.in, Phone:24622379/ 24625015
Web Site : http://www.isidelhi.com

1. 150 houses gutted, several injured in clash

THIRUVANANTHAPURAM, FEB. 27. Two persons were seriously injured and over 150 thatched houses gutted when a mob attacked a fishermen colony belonging to a particular community on Poovar beach near here this evening. Scores, including women and children, sustained injuries. The police are searching for 600 persons in connection with the violence. Nearly 1,000 people lost their houses and belongings in the fire.

The clash started when a youth was apprehended on the charge of theft from a house in EMS Colony at 3 p.m. The accused was handed over to a police patrol. However, the relatives of the youth freed him forcibly from the police vehicle. The colony residents staged a protest demanding the arrest of the youth. This resulted in a standoff between members of the two
communities on the road skirting the beach. Soon the groups started pelting stones at each other. Fifteen policemen led by the Deputy Superintendent of Police, Neyyatinkara, reached the spot. At 4.15 p.m., more than 600 people armed with paddles, petrol cans and country-bombs stormed the colony. The police party scampered for cover while the residents fled the colony and sought refuge in the nearby Poovar Masjid.
(The Hindu 28/2/05)

2. Night attack on Kerala mosque leaves 1 dead, RSS workers held

ALAPPUZHA, FEBRUARY 24: A 30-YEAR-OLD man was killed in an attack on Wednesday night on a mosque, allegedly by RSS activists, in Kerala's Alappuzha district. According to reports, a group of men who came in two jeeps attacked the mosque in Kathuvinal on Wednesday night. The police have reportedly taken nine RSS activists into custody. The mosque's Imam Muhammed
Musaliar was among the two injured in the attack.

Police believe Ashraff, who died early this morning at the Medical College Hospital here, was an activist of National Democratic Front (NDF), an Islamic fundamentalist organisation. There have been frequent fights between the RSS and NDF over the last one year in the area. NDF's district convenor Sudheer Punnapra denied that Ashraff was an activist but his organisation called a bandh in protest in the taluk. While Ashraff was buried in the presence of a large
gathering, tension prevailed in the area. A strong police force led by I.G. Sen Kumar and DIG Sreelekha are camping there. (Indian Express 25/2/05)

3. 3 killed during Muharram clash, curfew clamped

LUCKNOW, FEB 20. Three persons were killed and about 10 wounded in a sectarian clash during a Muharram procession in Old Lucknow even as indefinite curfew was clamped in the area. State Principal home secretary Alok Sinha told mediapersons here that the condition of four of the injured, including a policeman, was critical.

Meanwhile, Uttar Pradesh Chief Minister Mulayam Singh Yadav announced an ex-gratia of Rs 5 lakhs and Rs 3 lakhs to the kin of those killed and critically injured respectively. Mr Sinha said the curfew had been clamped in selected troubled spots in Thakurganj area to prevent any untoward incident. Officials maintained that situation was tense but under control. All the deceased belonged to a particular sect of the community, however, the administration was yet to give names of the victims. The bodies had been sent for post mortem. The home secretary said the victims were wounded in firing from .12 bore gun and later three persons succumbed. He said two culprits involved in the firing incident had been identified but were yet to be arrested. Mr Sinha said the trouble started when some people objected to the unfurling of a religious flag during a Tazia procession this morning near Chhota Imambara. This sparked a clash and incidents of stone throwing and arson. (The Hindu 21.2.05)

4. Love story causes a communal flare-up

Baroda, Feb. 23: One constable of State Reserve Police unit was injured and few others reportedly suffered minor injuries in a communal flare up in the old city area on Monday. A mob of around 100 people from both the communities started pelting stones at each other on Monday at around 10 pm and also targeted few shops in the area. Police commissioner Sudhir Sinha said,
"An affair between a Hindu girl, Krishna, and a Muslim boy, Akbar, was the cause of the flare-up."Earlier, some untoward incident had happened near Mehta Pol in the evening, which went unreported. Later, miscreants exploded Sutli bombs near a school in Mehta Pol at night, which brought people from surrounding areas on road. The swelling crowds added to the mounting
tension leading to people from both the communities pelting stones at each other, he said.

A mobile unit of SRP unit soon reached the place and lathicharged the crowd, which was dispersed only after two teargas shells were lobbed. A complaint in this regard was filed with the city police station by Nirmal Singh Ravubha, the constable injured in the incident. (Asian Age 24/2/05)

5. Couples elope, Rajnandgaon under curfew

RAIPUR, FEBRUARY 10: CURFEW was clamped in Dongargarh town in Rajnandgaon district as violence broke out after two Sikh cousins allegedly eloped with Hindu boys of the locality. The communities took to the streets, burning shops and attacking each other even as investigations were on after the girls went missing three days ago. Curfew was clamped last night as a precautionary measure. One of the communities, however, attacked two shops this morning when curfew was relaxed. "We acted very promptly to round up the mob, which was attacking members of the other community and torching their shops. Curfew was re-imposed immediately," IG D.M. Awasthi said. Dongargarh SHO Pranesh Dubey was transferred this afternoon and replaced by Mohan Dubey, who :d at Rajnandgaon. (Indian Express 11.2.05)

6. Bill to deal with Communal Violence to be tabled soon

New Delhi: A BILL to deal with communal violence is ready and will shortly be released by the Government for debate, Union Home Minister Shivraj Patil said here on Tuesday. The Home Minister also said a draft for this Bill which was sent to the Law Ministry for examination was sent back to the Home Ministry recently with some suggestions and amendments.

Addressing mediapersons after chairing the tenth meeting of the standing committee of the Inter-State Council here. Mr Patil said the main focus of the Bill and discussions with the chief ministers fo-cussed on harnessing and promoting broadmindedness and good governance to address the problem of communal tension. Elaborating upon the four-hour deliberations, he said the standing committee considered two items including a blue print of action plan on good governance and disaster management. The meeting was attended by chief ministers of Andhra Pradesh, Karnataka, Gujarat, Uttar Pradesh and Jammu and Kashmir besides ministers for law and justice, shipping and transport, information and technology and personnel, public grievances and pensions, the Home Minister said. The ministers and the chief ministers expressed their views on these important topics including law and order, security, poverty alleviation and providing ideal conditions for trade and economic activities, Mr Patil said. (Pioneer 31/3/05)

7. Prohibitory orders clamped in Bhilwara

JAIPUR, MARCH 15. The situation in Bhilwara town in southern Rajasthan, which witnessed communal violence following the murder of a Bajrang Dal activist on Friday last, continues to remain tense. The Vishwa Hindu Parishad and Bajrang Dal workers blocked the Bhilwara-Bea-war road for six hours today to protest against the lack of progress in the investigation into
the alleged killing of another activist early this month. While a Bajrang Dal activist, Raju Bairwa, was killed in the town allegedly by some persons of the minority community on Friday, an instructor in the Rash-triya Swayamsevak Sangh 'shakha', Satyanarain Sharma, was found dead in the nearby Karjalia village on March 1. Today's protest was focused on Satyanarain's alleged murder with the activists claiming that the culprits were being shielded. The Sangh Parivar activists blocked traffic at Haripura square - 28 km from Bhilwara -for about six hours and raised slogans against the failure of police to nab the murderers. The blockade was lifted only after a message from the Home Minister, Gulab Chand Kataria, assuring his personal attention to the matter was passed on to the agitationists. Prohibitory orders enforced over the week-end in Bhilwara will continue till March 21 even as an incident of a Maulvi being stabbed in the town on Sunday has heightened the tension. The clergyman was hospitalised and was now stated to be out of danger. (The Hindu 16/3/05)

8. UPA answer to communal violence: Army rule, Delhi rule

NEW DELHI, APRIL 22: IN the name of "suppressing" communal violence, the UPA Government has drafted a controversial Bill that not only gives the Centre unprecedented powers over states but also equips the armed forces with draconian powers of arrest, search and seizure. It calls for special courts to try cases and arms them with the power to order externment of people "likely to commit a scheduled offence." The draft Bill, finalised by the Home Ministry is being studied by the Prime Minister's Office and the National Advisory Council (NAC) headed by Sonia Gandhi. According to the preamble to the Communal Violence (Suppression) Bill 2005�a promise made by the UFA in its Common Minimum Programme�the Bill is in exercise of the constitutional "duty of the Union to protect States against external aggression and internal disturbance." However, it turns established constitutional principle on its head by allowing the
Centre to "prevail" over the state in declaring any area as "communally disturbed." Once the area is declared "communally disturbed," as per the Bill, the Centre can deploy armed forces and nominate one or more Central officers�not below the rank of Additional Secretary�to "coordinate steps taken for dealing with the situation." But it's Clause 7 to Clause 10 that
reads like a virtual reprint of the Armed Forces Special Powers Act, an act which, ironically, the Centre�after the Manipur protests�has committed to reviewing. (Indian Express 23/4/05)

9. Muslims flee villages, tension in Rajasthan

Jaipur, April 9: Communal tension forced Muslims to flee villages in Bhilwara district while curfew remained in force in Mandal town for a second day. Curfew was imposed in Mandal on Friday following group clashes during a procession and the death of one person in police firing. The trouble began when a saffron flag was hoisted on a mosque in Mandal on Friday and violence broke out while a religious procession was in progress. Rajasthan home minister
Gulab Chand Kataria told this correspondent an all-party committee would be constituted to restore communal harmony. "The committee will visit the troubled area whenever such situations arise in the state," he said. The home minister said the divisional commissioner has been asked to probe the incident in Mandal. When asked about the social boycott in Karjalia village in Bhilwara district, he said there was a problem and the government would try to bridge
the gap between the communities. Facing ostracism, Muslims had migrated to safer places from Karjalia village, where an RSS activist was killed on March 1. (Asian Age 10/4/05)

10. Dismissal of Rajasthan Minister, CBI inquiry demanded

JAIPUR: Accusing the Rajasthan Home Minister, Gulab Chand Kataria, of instigating violence against Muslims in the communally- sensitive Bhilwara district, the Sadbhav Manch and Rajasthan Muslim Forum on Monday demanded his immediate removal and institution of an inquiry by the Central Bureau of Investigation (CBI) into the recent spate of communal clashes in the district. A five-member delegation of the two organisations visited Mandal and Bhilwara towns on
April 15 to take stock of the situation there and found that Muslims were living in a state of shock and terror with both the communal outfits and police targeting them. Muslims, who were forced to migrate from Karjalia, Kalias, Udo Ka Badia and Brah-mino Ki Saredi villages, are finding it difficult to return to their homes. The representatives of the two bodies, addressing a Press conference here after failing to get an appointment with the Chief Minister, Vasundhara Raje, alleged that Mr. Kataria had given signals to the district administration not to take action against the rioters who burnt a dozen shops of Muslims in Mandal, damaged two mosques - including the Jama Masjid - and two tombs in the town, and drove Muslims out of several villages. "Mr. Kataria has acted like a hardcore Rashtriya Swayamsevak Sangh activist during the turbulence over the past one month. The trouble-makers felt encouraged every time he visited Bhilwara during the period," Sawai Singh, convenor of the Sadbhav Manch, said and added that Mr. Kataria's "misbehaviour" with a delegation of Muslims in Bhilwara was equally outrageous. The delegation was told by the local people that the rioters, who were mostly the RSS and Bajrang Dal activists, were given a "free hand" to indulge in loot and arson during curfew in Mandal on April 8 and even the police personnel assisted them at some places in setting the shops on fire. "There was evidence suggesting that policemen provided kerosene and diesel to arsonists," said Abdul Latif, a member of the delegation. (The Hindu 19/4/05)

11. Muslim family driven out of village

A MUSLIM family has been forced out of their village in Mansa, Punjab after a boy from the family married a Jat girl. The village panchayat decided to throw the family out and villagers promptly implimented the decision. About six months ago, Angrez Khan (26) had married Paramjit Kaur (25) apparently without the consent of the girl's family The couple had also sought police security Following several clashes between the two families since the marriage, the entire village has turned against the Muslim family. Finally the panchayat took the decision that the
Muslim family leave the village. (Hindustan Times 25/4/05)

12. More to probe than meets the eye in violence-hit Rajasthan town

MANDAL (RAJASTHAN): Despite the district administration's claims of being impartial in the
investigation into the communal clashes in Mandal early this month, justice eludes Muslims who were targeted by the communal outfits and the police and were left with their property destroyed, self-esteem outraged and religious beliefs humiliated. The violence in the town in Bhilwara district erupted during a post-Holi procession on April 8 following an incident of hoisting of a saffron flag on a mosque.

Violent mobs indulged in arson to avenge the alleged pelting of stones on the procession and put a dozen shops on fire. It was followed by the police crackdown in which a large number of Muslims were beaten up and their houses ransacked "before their arrest. The 27 Muslims, who have been accused of attacking the procession, face the charges as serious as those of attempt to murder and promoting enmity between different communities. Though they have been granted
bail after two weeks, they are still unable to overcome the trauma which they underwent in police custody. Only seven persons from the majority community have so far been arrested on charges of burning down shops. (Indian Express 28/4/05)

13. Mass migration of Muslims after murder of RSS activist

KARJALIA (RAJASTHAN): Mass migration of Muslim families from Karjalia village in Bhilwara district of Rajasthan following the murder of a Rashtriya Swayam-sevak Sangh activist recently seems to have convinced the Sangh Parivar of the efficacy of its strategy to use an incident as a pretext to browbeat the minority community. Muslims have been terrorised and boycotted in the village even after their return. The developments in Karjalia since March 1, when 16-year-old Satyanarain Sharma - an instructor in the RSS 'shakha' -was found dead in a field, have made an
alarming addition to the spate of communal incidents in Bhilwara. The arrest of two Muslim boys in connection with the murder on 'unconvincing* grounds has left the community aghast in the village. Satyanarain's father, Ramgo-pal Sharma, and the RSS activists of the village - who accuse three Muslim families of creating trouble in the past - had the support of none other than the Home Minister, Gulab Chand Kataria, who visited Karjalia on March 16 and offered to resign if the accused were not arrested within three days. Police acted swiftly and arrested
Farooq Mohammed and Moin Khan the next day. The two boys were already in informal custody of the police since March 4 and an atmosphere of terror and intimidation was created in and around Karjalia. (The Hindu 30/4/05)

14. Ten convicted in ’89 Bhagalpur riots

Patna: In a significant order the District and Sessions Judge VII of Bhagalpur on Monday convicted 10 people while letting off 13 others in the infamous Bhagalpur communal riots case. A total of 23 people had been named accused in the case lodged in the Sultanganj police station on October 14, 1989. The final verdict, however would be delivered on May 12. It may be realled that in the Bhagalpur communal riots five people belonging to a minority community had been
butchered in village Kamarganj on October 14, 1989. The verdict comes after a fifteen year long wait. A total of 1,158 people had been killed in those riots. So far, only 500 victims have received compensation which came soon after the riots. (Pioneer 10/5/05)

15. New dimension to communal tension in Bhilwara

JAIPUR: A new aspect of alleged threats and intimidation has been added to the growing communal
tension in Bhilwara district of Rajasthan, with the authors of a report - exposing the role of Sangh Parivar in the recent anti-Muslim violence in collusion with the local police officials - being singled out and hounded with the intention to "muzzle criticism". The booklet, "Fasivad Ki Aa-hatein" (Footsteps of Fascism), was published early this month to record the findings of a four-member team of People's Union for Civil Liberties (PUCL) that carried out an investigation following the violence in Mandal. The report has blamed the Bajrang Dal leaders for replicating the Gujarat model to target the Muslim community in the town. The chief writer of the booklet and a Dalit activist, Bhanwar Meghwanshi, alleged at a Press conference here on Tuesday that while the Bajrang Dal activists had launched a campaign to terrorise him and enforced a social boycott against him, police had also started harassing him and his family members, although no legal case had been made out against him. "The in-charge of Mandal police
station, Bhajju Ram, and the officials under him visited my office in Bhilwara twice on May 4 and 6 and my residence in Sir-dias village on May 9 to make enquiries without spelling out the charges against me," Mr. Meghwanshi said. He said the complicity of the State machinery in the attempt to muzzle criticism amounted to an undeclared ban on the booklet. (The Hindu 11/5/05)

16. Communal tension grips parts of Meerut

Meerut: THERE APPEARS to be an insidious pattern to the repeated communal incidents occurring in Meerut which threatens its fragile social fabric. On Thursday
night, a group of people beat up a father and his
12-year-old son belonging to another community for
allegedly teasing females in the walled area of the
city. Speedy intervention by senior police and
administrative officials, brought a potentially
explosive situation under control with the help of
local leaders. On Thursday the afternoon, the young
daughter of a Congress leader, was molested by two
youths on a motor-cycle, in the Kotwali area of the
city. On hearing her cries for help, shopkeepers from
the area helped rescue the girl. In the ensuing
confusion the two young men managed to flee but not
before the registration number of their mobike was
noted. Once again, the local police arrived promptly,
but by now the restive crowd protested against the
growing incidence of eve-teasing. On their part the
police, which included the Circle Officer, tried to
pacify the crowd and assured them that the offenders
would quickly be brought to book. The second incident
on Thursday took place at about 8.30 pm, when Zaheer
and his son Shadab of Ismail Nagar area were returning
home after closing their shop, near Budhana Gate. It
is alleged that somebody passed a remark at Zaheer to
which his son protested. Soon a crowd gathered and one
of them hit Zaheer's on his face. Shadab rushed home
and soon hundreds of people from Ismail Nagar reached
the spot and started shouting slogans against BJP
(City) MLA. Soon a rumour was circulated that the
local BJP MLA had been manhandled, though at that time
he was sitting safely in a doctor's clinic. The
agitated local residents started shouting slogans
against the people of the other community. The local
police informed all senior officials of district
administration about the tension between the two
communities. (Pioneer 14/5/05)

17. Communal Violence Bill takes a ‘beating’ (7)
New Delhi: Picture this: Standing in the middle of a
polluted pool of water and trying to kill the
mosquitoes around it. Wouldn't it make more sense to
simply clean the pool? This analogy was used to
criticise the contents of the Communal Violence
(Suppression) Bill, 2005, at a conference in the city.
The bill, as it's name suggests, addresses only
communal violence. There is no mention of curbing
communalism per se, the propaganda that leads to the
violence or nipping the problem in the bud by stopping
political parties from spreading such propaganda. The
draft bill was also criticised for the immense power
it had vested in the police and state machinery
Vibhuti Narain Rai, former IG of police who has
encountered several communal riots, said: "There is no
need to vest such draconian powers to the police and
state since they will use it as a licence to persecute
minorities." He also said that there had to be a
machinery to punish officers found shirking duty or
conniving with the perpetrators of violence. Justice
Verma said: "There is no need for fresh laws, existing
laws should be implemented properly. There are no
provisions for ensuring accountability of the law
enforcement machinery. There should be an
institutionalised mechanism for punishing police
officers and magistrates for then- acts of commission
and omission in a Gujarat-like situation." (Times of
India 19/5/05)

18. 1984 riot victims to get Rs 1.23 lakh each (7)
NEW DELHI, May 22. � Holding the state liable for its
failure to protect the life and liberty of citizens,
Delhi High Court has directed the Centre to pay a
compensation of Rs 1.23 lakh each to all those who
suffered injuries during the anti-Sikh riots following
the assassination of the then Prime Minister Indira
Gandhi in 1984. "It is the bounden duty and
responsibility of the state to secure and safeguard
the life and liberty of an individual from mob
violence," Ms Justice Gita Mittal said in her landmark
judgment, which would benefit about 2,800 Sikhs
injured during the riots in the Capital. The court
asked the government to pay the compensation within a
month to one Mr Manjit Singh Sawhney, who was injured
and lost his sister in a mob attack which killed seven
at Tuglaqabad railway station in November 1984. It
also asked the Centre to pay him an additional amount
of Rs 11,000 as cost of protracted litigation that
went on for four years. To secure parity among all
those who suffered injuries during the riots and were
given an ex-gratia amount of Rs 2,000 only, Ms Justice
Mittal ordered that they all be paid the enhanced
amount. It took note of the fact that in the case of
Mrs Bhajan Kaur, who lost her husband in the same
place during the riots, a general order was passed in
July 1996 directing the Centre to pay the enhanced
compensation in all similar cases. The court
calculated the compensation payable to the petitioner
at Rs 75,000 with interest from the date of incident
Which was quantified at Rs 50,000. It deducted Rs
2,000 that had already been paid to him as exgratia.
(Statesman 23/5/05)

19. Victims of Gujarat riots begin a new chapter in
Delhi School (7)
NEW DELHI: Their tales tug at your heartstrings. Each
of the 25 children from Gujarat whose lives fell apart
in the wake of the communal riots that rocked the
state in 2002, has a harrowing story to narrate. After
the riots, even as these children were trying to
gather the scattered pieces of their broken lives,
living in a resettlement colony (started by Jan Vikas)
called Kashimabad near Kalol, Act Now For Harmony And
Democracy (Anhad), a Delhi-based NGO, has reached out
to them. In a quest to help them leave their sorrowful
past behind and move on, and also to enable them to go
to a school, to study, to dream, to live, the NGO
recently brought these children to the capital. These
25 children have been admitted into the Balwant Rai
Mehta School at GK II and are staying at Apna Ghar (a
recognised hostel by the school) at Jaitpur. "Many of
them have still not got over the trauma that they
underwent," says Ms Shabnam Hashmi of Anhad. It will
still take some time for the psychological wounds to
heal, she adds. (Asian Age 25/5/05)

20. Mob sets fire to 2 mosques after acid attack (7)
MANDI, MAY 27: AN angry crowd set two mosques in the
town on fire this evening after a man threw a bottle
of acid at passengers of a private bus, seriously
injuring at least 11 people, including a
five-year-old. Doctors attending to the injured said
four persons with more than 50 per cent burns may even
lose their eyesight due to the attack. Police later
arrested the culprit, Mohammad Mahboob, from
Muzzafarnagar in Uttar Pradesh. He has reportedly
confessed to the crime. According to the Mandi police,
the incident occurred outside a bus stand around 3 pm,
when Mohammad threw a bottle of acid at 22-year-old
Mamta from Drubal village. Mamta was sitting inside
the bus which was leaving for Koon. As news of the
acid attack spread, crowds began pour onto the
streets. They collected in city squares and marched to
the two mosques � Moti Masjid in Ramnagar Mandi and
Janta Masjid on Jail Road. Police sources said some of
them raised slogans and incited the mob to set fire to
the shrines in retaliation to the acid attack. Those
injured in the acid attack were identified < as Mushan
(5), his mother Sheela, Shalu (all from Koon village),
Mamta (Drubal village), Champa, Puran Chand (Kataula),
Bhoop Singh (Banau), Manohar Lal (Badoh), Yog Raj,
Shankar and Roop Singh. (Indian Express 28/5/05)

21. Town tense after RSS man killed in Orissa (7)
Bhubaneswar: The death of a Rastriya Swayamsevak Sangh
supporter in police firing has sparked off tension in
Champua, a tiny town in the tribal-dominated Keonjhar
district, on Wednesday, reports our correspondent. The
RSS, along with the Vishwa Hindu Parishad and the
Bajrang Dal, were protesting against "police inaction"
to arrest an attempted rape accused belonging to
minority community. The situation has been volatile in
the RSS stronghold Keonjhar district as the Sangh
Parivar has called for a district-wide bandh on
Thursday. Senior police officials and four platoons of
the Central Reserve Police Force and the Orissa Armed
Police Force have rushed to the spot. Over 3,000
supporters of the RSS, VHP and Bajrang Dal on
Wednesday laid siege around Champua police station.
(Asian Age 9/6/05)

22. Minorities panel may probe violence (7)
MANGALORE: The State Minorities Commission is weighing
its options of conducting an investigation into the
circumstances that led to communal clashes in
Mangalore taluk on June 8. The Commission's Chairman,
K.S.M. Masood, told The Hindu here on Sunday that the
members of the commission are shocked at the frequent
communal disturbances in Dakshina Kannada district and
majority of them feel that they are being engineered
by groups or organisations with ulterior motives and
political gains. Mr. Masood said since two of the
commission members are not immediately available for
conducting an independent inquiry, he, along with
officials, will tour the affected areas on Tuesday to
undertake a preliminary study. Once the commission has
full quorum, he will lead the commission in forming an
independent body, which will undertake a detailed
probe into various incidents of communal flare ups.
Mr. Masood recalled that during the incident when two
people were stripped and paraded in Ajjarkad in Udupi
some time ago, he had recommended to the Government to
declare the Dakshina Kannada and Udupi as "`communally
sensitive and disturbed districts," but it has not
been done. (The Hindu 15/6/05 IN)

23. Sangh Parivar activists disrupt tribunal hearing,
Prafulla Das

BHUBANESWAR: The hearing by the Indian People's
Tribunal on Environment and Human Rights on the
communal situation in Orissa was disrupted by Sangh
Parivar workers here on Tuesday. The tribunal
members, including two retired judges, were allegedly
harassed and threatened with dire consequences. "The
Parivar activists threatened to rape us and parade
us," said Angana Chatterji, a member. The public
hearings, intended to find out whether there was any
communal tension in the State and, if so, the causes
leading to such a situation, were held in Phulbani,
Keonjhar, Bhadrak and Jagatsinghpur districts during
the last few days. Tuesday's hearing was the final
session. `Highly deplorable' Justice K.K. Usha,
former Chief Justice of the Kerala High Court, and
Justice R.A. Mehta, former Acting Chief Justice of the
Gujarat High Court, who were among the four members
conducting the hearing at Red Cross Bhavan, termed the
incident as "shocking, outrageous and highly
deplorable." Later, at a press conference, the
tribunal members said that several activists of the
Bajrang Dal and the Vishwa Hindu Parishad had come to
depose responding to the invitations sent to their
State offices earlier. Four of them, including two
women, deposed without any hesitation and their
submissions were taped with their consent. Trouble
started when the activists received a fax message from
the organising secretary of the Vishwa Hindu
Parishad's State unit, asking them not to participate.
Activists' threat
The Parivar workers then allegedly demanded that they
be given the audiotapes containing the submissions.
When the tribunal members said that the Sangh Parivar
testimonial was necessary to the tribunal's work, the
activists threatened that they would use any means to
take possession of the tapes, Dr. Chatterji said.
Tapes destroyed With tension building up, Dr.
Chatterji destroyed the tapes in front of the Parivar
members as demanded by them. The hearing ended and the
tribunal members decided to leave the venue. As they
were proceeding towards their vehicle, the Parivar
members, comprising nine men and two women, said the
tribunal was funded by foreign agencies, she said.
They threatened to rape the women members and parade
them naked. (Source: Gujarat Development:
willy@vsnl.com ) (The Hindu, , JUN.15)

24. Sangh activists threaten judges heading probe,
Satyasundar Barik

Bhubaneswar, June 14: Bajrang Dal and Vishwa Hindu
Parishad activists threatened dire consequences to two
former high court judges who were conducting a hearing
of the Hindu nationalist organisations here on
Tuesday. Former Chief Justice of the Kerala high court
K.K. Usha and former acting Chief Justice of the
Gujarat high court R.A. Mehta were part of the Indian
People's Tribunal (IPT) which was recording deposition
from members of the Bajrang Dal and VHP on
communalism. The two former judges, while addressing a
press conference here after the derailing of the
tribunal process, regretted and deplored the
high-handed and aggressive actions of the Sangh
Parivar. The Indian People's Tribunal on environment
and human rights had been conducting a state-level
investigation on communalism in the state for the last
four days. The IPT had recorded the deposition of
members of the Bajrang Dal and Sangh Parivar at four
communally sensitive places - Keonjhar, G. Udayagiri,
Jagatsinghpur and Bhadrak. Some invited
representatives of the Bajrang Dal and VHP had come to
offer testimonies here in the morning. All was going
well until the members received a fax from the
organising secretary of the VHP directing them to keep
away from the "self-appointed Indian People's
Tribunal." After receiving the fax, Sangh Parivar
members demanded that they be given the two
microcassettes recording their sessions. The tribunal
members attempted to reason with them and persuade
them to leave the tapes in the tribunal's custody,
stating that the Sangh Parivar testimonial was
necessary to the tribunal's work. The Sangh Parivar
members who deposed had done so with informed consent,
the tribunal members argued. Subsequently, the Parivar
members aggressively responded to former Justice Usha
and former Justice Mehta. Convenor of the tribunal
Angana Chatterji alleged that Sangh Parivar members
had threatened to rape them if the tape was not handed
over to them (the Bajrang Dal and VHP). "We
immediately left the place after we heard that the
11-member-gang of Sangh Parivar called their bosses at
Cuttack for reinforcement," Ms Chatterji said.
(Source: Gujarat Development: willy@vsnl.com) (Asian
Age, JUN.15)

25. Rs 7-cr suit filed against VHP, RSS and BJP (7)
Twenty one people filed compensation suits totalling
over Rs seven crore against the Vishwa Hindu Parishad,
Rashtriya Swayamsevak Sangh, Bhartiya Janata Party and
VHP leader Dr Pravin Togadia in the city civil and
sessions court in Ahmedabad on Monday. This came up
following the legal notices served by the next of kin
of the Gulbarga society massacre in Ahmedabad during
the post Godhra communal riots. "The suit has been
filed for loss of life, trouble and trauma and damage
to property," said lawyer for the victims Ershad
Mansuri. Among those who have filed for compensation
include Zakia Jaffri,widow of the late MP. The
compensation cases have been based on the Kerala High
Court judgement of July 28, 1997, wherein it was ruled
that in the case of bandh calls, the caller shall be
responsible for the damage to private and public
property. This judgement was subsequently ratified by
the Supreme Court. Compensation is being sought on the
ground that death and destruction was the result of
the bandh call given on February 28, 2002 by the state
unit of the VHP and supported by the state unit of the
RSS and the BJP. It was due to this call, it has been
stated, that communal sentiments were heightened and a
section of the community attacked the Gulbarga housing
society, killing people and destroying homes and
belongings. (Pioneer 11/6/05)

26. To 'protect' Hindu girls, BJP govt orders 2
colleges to swap buildings (7)
BHOPAL, JUNE 27: This is a tale of two colleges which
threatens to divide one city right down the middle-on
communal lines. In an order that has no precedent, the
BJP government in Madhya Pradesh has ordered that two
prestigious colleges, both almost 50 years old,
''swap'' their premises. One is the MLB Girls College
in the old city, a neighbourhood with a significant
Muslim population. The other is the Hamidia Arts and
Commerce College, about 4 km away, in the New Market
area. Behind this bizarre idea is state higher
education minister Uma Shankar Gupta. His reason:
''The girl students (at MLB) were facing lots of
problems and a memorandum to this regard had also been
submitted. Since the student strength and
infrastructure in the two colleges are almost the
same, we decided to go for the swapping.'' The
''problems'' the Minister refers to are explained by
Aradhna Malakar, the Bhopal chief of the women's wing
of the BJP's Akhil Bharatiya Vidyarthi Parishad
(ABVP): ''The decision is welcome. The students of the
all-girls MLB (about half of the 300 students are
Muslim, the rest Hindu) were being lured by the youth
of the old city neighbourhood where the college is
situated and conversions had become rampant.'' Both
the minister and the ABVP's claims run contrary to
police records. A senior police official, who declined
to be named, said that there were hardly any
complaints of ''eve- teasing'' or harassment reported
from the college. ''There could be a few cases but
such cases are routine even in other colleges situated
in the New Bhopal areas or anywhere for that matter,''
the officer said. (Indian Express 28/6/05)

27. Tension following group clash (7)
BANGALORE: There was tension on Tannery Road in K.G.
Halli Police Station limits on Wednesday following a
communal clash. Two vehicles were damaged in stone
throwing. The police said around 8.30 p.m. a youth
belonging to a particular community was committing
nuisance on the roadside when a group of youths
belonging to another community reportedly thrashed
him. The youth, who was assaulted, went home and
returned with nearly 20 people of his community. The
two groups clashed with each other and indulged in
stone-throwing. As tension mounted in the area,
shopkeepers closed down their shops, the police said.
The police rushed to the spot and brought the
situation under control. Security has been tightened
in the area. (Ref: The Hindu 23/6/05)

28. UCF Delhi condemns the act of violence at Ayodhya
(7)
The United Christian Forum- Delhi (UCF - Delhi)
strongly condemns the act of violence at Ayodhya.
President of the UCF - Delhi, Bishop Karam Masih,
urges the government to maintain communal harmony,
peace and public order and appeals to all political
parties to refrain from using this act of violence for
political gain. UCF- Delhi also expresses its sympathy
with those hurt because of the attack and appreciates
the courage displayed by the security personnel in the
face of personal danger. UCF - Delhi also urges
citizens of India to recognise this attempt to destroy
the communal harmony of the nation and prays that we
would stand steadfast in our resolve to maintain
peace. Rev. Richard Howell, Secretary, United
Christian Forum- Delhi source: EFI News,
mail@efionline.org

29. IUML, Bajrang in Mataram war (7)
Bhopal, July 12: The Ayodhya attack, the London bomb
blasts, and the ruling BJP’s decision to encourage the
singing of Vande Mataram in government offices and
schools seems to have goaded communal organisations,
both Hindu and Muslim, in old Bhopal to settle scores
through a poster war. The first poster, printed in
the name of the Indian Union Muslim League, was seen
pasted on a few walls on Monday. It warned Muslims
against intoning Vande Mataram since it would be
deemed a direct affront to Allah. Co-religionists, in
fact, were told to even avoid being seen anywhere near
the anthem-singing site. Failure to comply would
invite instant retribution. The local Muslim clergy,
however, promptly took the initiative to cool off
tensions by assuring their brethren that there was
nothing to worry about since the singing of Vande
Mataram hadn’t been made compulsory. The state
government circular on the subject had only requested
optimum participation in the singing on the first day
of every month. The Bajrang Dal responded with its
very own posters during an anti-terrorism rally the
same day. Responsibility for the poster was credited
to a Delhi-based body called Akhand Hindustan Morcha,
whose address and telephone numbers were imprinted.
The creators of the poster were contacted in Delhi and
they did not hesitate to admit that they were behind
its publication. Police sources, however, told this
newspaper that there was nothing overly objectionable
in the contents. It primarily sought to inform the
public of how some misguided Islamic fundamentalists
were bent on spreading violence in the name of jihad,
the London bomb blasts being the latest evidence of
it. (Asian Age 13/7/05)

30. Builders want to demolish mosque(7)
Mumbai: The residents of CST Road, near the Bandra
Kurla Complex (BKC) in Mumbai, are up in arms against
Diwan Builders because the builders want to demolish
the Hafzul Imam Masjid, which comes in the way of
their construction of a huge building tower. To
placate the Muslim residents in the area, the
developers have promised to build another mosque in
close proximity to the current one. "The real estate
prices in and around BKC are anything between Rs
14,000 and Rs 16,000 per sq ft. The builders want to
earn big bucks. Though the builder has promised us
that he will construct a masjid in the area, it is a
sentimental issue. Any place of worship being brought
down becomes a controversy in Mumbai," said Taufeeq
Ahmed, a resident of Mohammed Estate where the mosque
stands. The mosque has been there for about 35 years.
This newspaper tried to contact Mr Bhupendra Mehta,
the manager of Diwan Builders, but could not get in
touch with him. Diwan Builders has many construction
projects in this area.The construction activity falls
under the Slum Rehabilitation Authority (SRA) SRA
scheme. "Under SRA rules, no house of worship can be
brought down. Also, this structure is pre-1995 and
leaves no room for the builder to demolish it," said
Mr Sirish Upadhyay of the Students and Youth
Association. (Asian Age 15/7/05)

31. Muslims angry over VHP plea to vacate houses near
mandir (7)
Lucknow : Muslim residents of Ayodhya have reacted
with anger to the VHP's petition to the President and
Union Home Minister, asking that occupants of houses
on the periphery of the Ram Janmabhoomi complex be
made to leave on the plea that they are vulnerable to
jihadi pressure and hence a security threat. Nearly
all the occupants are Muslims. Haji Mehboob, a senior
leader of the Babri Masjid Movement and president of
the Anjuman Muhafiz Muazib Avadh, dismissing the move,
said, "the VHP demand is totally unjustified. We are
not going to tolerate this. We also plan to meet the
President and Union Home Minister to put forward our
side of the story. The VHP can't be allowed to whip up
a communal divide. They have already failed in their
designs and have been exposed before the people of
Ayodhya and Faizabad." Saying that most of the houses
were at least four generations old, he justified his
stand by adding, "the VHP is simply looking for an
issue since their efforts to encash on the terrorist
strike have failed miserably for lack of public
support." There are about 50 houses and shops
belonging to the minority community in the periphery
of the RJB complex mainly in Duari Kuan, Karziana,
Panji Tola, Katra and Tehri Bazar localities
accounting for a population of nearly 3,000 families.
Ironically, when the VHP was meeting the President,
the Nehru Yuva Kendra was taking out a sadbhavna yatra
in Ayodhya to promote communal amity. However few
seemed to notice the procession on Tuesday and many
dismissed it as an "official exercise." (Pioneer
21/7/05)

32. Communal harmony at its best (7)
Gandhinagar : Picture this camaraderie. Despite a High
Court order terming the ban on animal slaughter during
the Jain festival of Paryusan "illegal and
unconstitutional", the butchers of Ahmedabad have
struck a blow for communal differences by volunteering
to keep meat-shops closed during the eight days of the
festival. The Jain Sangh, in turn, has decided to find
a way to compensate the financial loss these meat-shop
owners will suffer on account of their decision. A
spokesman of the Qureshi Jamaat, an organisation of
meat-shop owners has appealed to all its members to
respect the sentiments of the Jain community and
refrain from doing business during the most sacred
period for the Jains. "It is a plea we have made to
the people involved in this trade and we are confident
they will respond with magnanimity," says Rizwan
Ahmed, one of the leaders heading a local organisation
of meat-shop owners., Most involved in the trade
welcomed the decision of the Gujarat High Court which
had upheld their right to carry on their business
unhindered even during the period of Paryusan.
However, they also felt that rights apart, there was
need for the communities to be sensitive to each
other's beliefs. "Mutual respect and love is the need
of the hour and we have responded in this spirit," he
said.Earlier, Vishwa Hindu Parishad general secretary
Pravin Togadia had said Hindus and Jains would not
allow the killing of animals during the holy period.
He had also urged meat-shop owners to voluntarily keep
their establishments closed during the period.
(Pioneer 5/8/05)

33. 'Communal conflagrations a thing of the past in
Hyderabad' (7)
Hyderabad : A gathering of non governmental
organisations, working for promotion of peace and
communal harmony, called for strengthening the
mechanism of bureaucratic accountability and closer
relationship between the official machinery and the
civil society organisations to check the communal
violence in the country. Non governmental, social
activists and serving senior police officials came
together on a single platform in Hyderabad over the
weekend to dissect the problem of communal violence
and other conflicts and suggest solutions. The
"Workshop of peaceful coexistence" organised by Aman
Public Charitable Trust, New Delhi and Confederation
of Voluntary Association, Hyderabad was attended by
more than 60 representatives of various NGOs to share
their experiences in different parts of the country.
The workshop heard the reports of study of communal
situation in two of the most sensitive Indian cities
Hyderabad and Bhiwandi and one of the most communally
peaceful city Bikaner in Rajasthan. Three senior
police officials from Hyderabad city police making a
presentation on how the situation in Hyderabad turned
around over the last one and a half decade said that
several factors had contributed to the change. The
Additional Commissioner of police AK Khan said that
since the last major riot in 1990, when the city was
under curfew for 75 days and 300 people lost their
lives, the city has not seen any major riots, even
though triggers were there. He gave the credit for the
change to the people, who had become mature, to the
economic prosperity, to the stake people have built in
peace and good governance. "Huge communal
conflagrations that used to happen earlier is
definitely a thing of the past," Khan declared. On the
role of the political parties, Khan said that they
were not trying to foment trouble as much as they used
to do in the past. (Pioneer 8/8/05)

34. Scared, Muslims flee workplaces (7)
Guwahati : Fear and panic have gripped Bengali
speaking Muslim daily wage labourers in Assam with
hundreds of them fleeing their workplaces, including
many from the State's main city of Guwahati,
apprehending a crackdown by authorities to deport them
to Bangladesh. A Government spokesman confirmed the
exodus and said it was a result of some 'mischievous
propaganda' by people with 'vested interests' to scare
away religious and linguistic minority people to leave
their workplaces. "There is no need for panic. We have
asked the police and civil authorities to maintain
strict vigil so that no genuine Indian citizens are
harassed by people with some political affiliations
trying to create communal tension," the spokesman
said. "We cannot say the people who have left for some
reason are all Muslims. There could be people from
other faiths as well," he added. Many of these Bengali
workers were engaged in construction works, brick
kilns, and pedal rickshaws in Assam, besides doing
menial jobs.The immediate provocation for the exodus
is the repealing of the controversial Illegal Migrants
(Determination by Tribunals) Act to identify illegal
Bangladeshis. The Supreme Court, last month, decided
to replace the 22-year-old IMDT Act with the
Foreigners Act in Assam saying the previous
legislation was a hindrance in identifying and
deporting illegal Bangladeshis from the State.Under
the IMDT Act, the onus of proving one's citizenship
rested on the complainant rather than the accused,
while it is just the reverse under the Foreigners Act.
(Pioneer 3/8/05)

35. CPI (M) calls for law to tackle communal violence
(7)
NEW DELHI: Underlining the need for a comprehensive
model law to tackle communal violence, the Communist
Party of India (Marxist) has suggested that the Centre
should take the initiative and consult all States on
this. "There is an urgent need for the Central
Government to take the initiative for consulting all
the States to evolve a mechanism by which the States'
rights and autonomy shall be maintained on the one
hand and, on the other, necessary legislative powers
should be acquired to deal with the prevention of
communal riots and providing speedy justice to the
victims," an editorial in the recent edition of the
party organ People's Democracy said. In the backdrop
of the report of Justice G.T. Nanavati Commission that
probed the 1984 anti-Sikh riots, the editorial said
the question of punishing the perpetrators of communal
strife was necessary not only from the viewpoint of
humanism and compassion but it was imperative that
justice be delivered in order to strengthen the
secular democratic foundations of the modern Indian
republic. The National Common Minimum Programme of the
United Progressive Alliance Government speaks of a
comprehensive law to deal with communal violence. The
editorial said while few would disagree with the need
for such a law, concerns were expressed during the
discussions while formulating the CMP. These concerns
relate to the federal structure of the Constitution
under which the division of responsibilities and
authority between the Centre and the States places the
issue of law and order as a State subject. (The Hindu
16/8/05)

36. No relief for riot victims: CPM (7)
New Delhi, Aug. 16: Observing that relief for the
victims of Gujarat riots does not appear near and that
the Nanavati Commission’s report on the 1984 anti-Sikh
riots has singularly failed to establish culpability,
the CPI(M) has reiterated the necessity of enacting a
comprehensive law to deal with communal violence in
order to improve the justice delivery system.
Recalling the mention of such a law in the national
common minimum programme of the UPA government, the
editorial, published in the latest issue of the CPI(M)
mouthpiece People’s Democracy, said there was an
urgent need for the Union government to take the
initiative of consulting all states to evolve a
mechanism by which the states’ rights and autonomy
shall be maintained on the one hand and, on the other,
necessary legislative powers should be acquired to
deal with the prevention of communal riots and
providing speedy justice to the victims. The
editorial, titled "Punish the perpetrators of communal
strife", also said it was an "ironic coincidence" that
on a day when the government tabled the action taken
report on the Nanavati Commission report, the Supreme
Court came out with a blistering comment that the
Gujarat police was either "conniving with the accused
or worthless". The editorial read: "For three long
years after the gruesome state- sponsored communal
carnage in Gujarat, the guilty are yet to be
apprehended, while the victims continue to languish.
This, despite a huge array of circumstantial evidence
available through media reports and eyewitness
accounts." "While the various cases concerning the
Gujarat carnage continue to be heard in various
courts, neither relief for the victims nor the
elimination of fear and insecurity for the minorities
appears near. It is once again ironic that the same
Justice Nanavati is now to probe the Gujarat carnage!"
(Asian Age 17/8/05)

37. In Rae Bareli, how a routine crime acquired
communal overtones (7)
DALMAU (RAE BARELI), AUGUST 21: A group of small-town
tough guys tease a girl. A man from the girl’s
locality objects to it. An altercation takes place,
then a fistfight and finally gunshots, killing the
man. A revenge killing follows. This scene is common
in Uttar Pradesh. But its entire complexion changes
when you throw in the fact that the tough guys were
Muslims. That the man who objected was a Hindu, a
Dalit, and an Army jawan posted in Jammu & Kashmir’s
Rajouri area. And that Dalmau village, where it
happened, is a stone’s throw away from Rae Bareli,
constituency of Congress president Sonia Gandhi. A
clinical look at the incident doesn’t give it a
communal colour�nothing similar has happened before in
Dalmau. Neither is there a political setting that may
have planted the seeds of communal hatred here. In
fact, it could well have passed off Friday last as any
other incident, and it quite did. Yet, this incident
has now filled the air with communal tension in a
village of around 20,000 people. At first, it was only
between Bachchi Ali�and his boys�and Ramesh Sonkar,
the jawan. Now, it is They and Us, Hindus versus
Muslims. ‘‘Most communal fires at many places across
India have started from such incidents, especially
eve-teasing,’’ says a senior IPS officer. Indeed,
there are now more policemen than people in the Miya
Ka Tola pocket, where people disappear behind
half-closed doors at the first sight of ‘‘outsiders’’.
And, in the smaller pocket of butchers within Miya Ka
Tola, they have all fled in fear after Naeem Mohammed,
one of them, was lynched in retaliation to Sonkar’s
killing. (Indian Express 22/8/05)

38. Mau on boil for 3rd day (7)
Lucknow: EVEN AS shoot-at-sight orders were issued in
riot-torn Mau, a fresh bout of violence on Saturday
claimed two more lives, taking the total death toll
in the Dussehra-triggered communal clash to five. The
State Government, however, claimed that only three
persons had been killed, nine injured and 30 shops
either looted or set afire. Eighty nine persons have
been arrested. Mau was dogged by violence for the
third consecutive day despite the State Government's
Friday claim that the situation "is under control and
the administration has done a commendable job." The
Saturday bout had Principal Secretary (Home) Alok
Singh and DGP Yashpal Singh scurrying for a situation
assessment of the riot-torn town on Saturday even as
four senior police officers and five companies each of
the PAC and the RAF were battling the situation under
curfew conditions. Communal tension was sparked off in
the township on Thursday after a group clash over the
use of loudspeakers during a Bharat Milap procession.
This snowballed into violence, arson and
looting.Despite curfew on Friday, miscreants roamed
the streets indulging in arson and violence. A dozen
were seriously injured after miscreants lobbed bombs
into the Brahmin Tola locality. Anti-social elements
armed with semi-automatic firearms opened
indiscriminate fire near the branch of Oriental Bank
of Commerce injuring several persons. In Kathupurwa
locality, houses of two local journalists were set
afire. The violence resulted in the exodus of a
particular community. Despite a flag march by the RAF
and PAC personnel, marauders pelted the Shahganj
passenger train with stones, compelling the Railways
to divert several trains, including the Lichhavi
Express, from Ballia. (Pioneer 16/10/05)

39. Violence spreads in Mau, two more are killed (7)
Lucknow: Violence continued unabated in Mau district
for the third consecutive day on Sunday after a
communal flareup that has claimed seven lives so far.
Two more persons were killed and five others injured
in a fresh bout of violence on Sunday. While one
person was shot dead near the railway station, another
was killed in mob violence near Madanpura. Three dead
bodies were also recovered from the riot- affected
areas. More than 180 persons have been arrested in
connection with the riots that began on Friday,
following a dispute over use of microphone during the
traditional Bharat Milap programme that is a part of
the Dussehra festivities. Four senior officials,
including the commissioner, the district magistrate,
the deputy inspector-general of police and the senior
superintendent of police, have been suspended. While
Mau town remained largely peaceful on Sunday, communal
violence spread to the suburban areas and outskirts of
the township, from where sporadic incidents of
communal clashes were reported throughout the day.
There were reports of a school being burnt down by
rioters even as the paramilitary forces continued to
stage flag marches in the township. The state election
commission has, meanwhile, deferred the panchayat
elections in Mau district, where polling was scheduled
for October 17 and 20. The state’s principal home
secretary, Mr Alok Sinha, told reporters that curfew
was on in Mau town and the district administration had
been asked to make arrangements for the supply of food
to residents. (Asian Age 17/10/05)

40. Peace meets held, no fresh violence (7)
MAU: Shoot-at-sight orders remained in force as
additional forces were deployed in sensitive areas and
peace meetings were organised on Monday to defuse the
situation in this curfew-bound town where communal
riots have claimed seven lives. Additional security
personnel were rushed to areas where fresh incidents
were reported on Sunday and a close vigil was being
maintained, according to official sources. While
senior police officials including the DIG (Range) are
camping in the town to monitor the situation, meetings
of peace committees were being organised to diffuse
the tension. Essential commodities were being provided
to the people residing in curfew-bound areas, they
said. So far 32 people have been injured while 180
arrests made in connection with the riots that broke
out last week over Dussehra festivities. Meanwhile,
the local independent MLA Mukhtar Ansari, denied
allegations of inciting violence saying the BJP had
hatched a conspiracy to trigger communal violence
``with a view to gain political mileage and malign my
image''. He demanded that the town be handed over to
the army for maintaining law and order and
registration of cases against the suspended
Commissioner, District Magistrate, Superintendent of
Police and Circle officer. Several long and short
distance trains passing through Mau or originating
here had either been cancelled or diverted to other
routes as a precautionary measure, sources said.
Movement of roadways buses coming here from Gorakhpur,
Azamgarh and Ballia had also been suspended. Ten
companies of Provincial Armed Constabulary (PAC) and
two of the Rapid Action Force had been deployed in the
town where senior officials, drawn from neighbouring
districts were camping, they said. (The Hindu
18/10/05)

41. Ansari, BJP leader booked for inciting riots in
Mau (7)
MAU: Police on Tuesday lodged FIRs against
controversial independent MLA Mukhtar Ansari and BJP
Member of Legislative Council Ramji Singh for inciting
communal riots here even as an uneasy calm prevailed
in the curfew-bound town with Rapid Action Force and
Provincial Armed Constabulary (PAC) jawans patrolling
the streets. Mr Ansari, who was seen moving in an open
jeep escorted by armed guards during the riots, was
booked along with 100 others under various sections of
IPC on charges of inciting riots, murder and violation
of curfew, official sources said. Director-General of
State Police, Yashpal Singh, said raids were going on
to arrest Mr Ansari and action would be taken against
him soon. Mr Ansari on his part blamed the Hindu
Mahasabha for the communal tension and said he would
co-operate with the probe ordered by the State
Government on Monday into the riots. The district
administration also lodged an FIR against BJP member
of Legislative Council, Ramji Singh and some Hindu
Yuva Vahini activists for inciting riots, they said.
Curfew continued for the fifth consecutive day and
shoot-at-sight orders remained in force as jawans of
the Rapid Action Force, PAC and police personnel
patrolled the streets under supervision of senior
officials. Mr. Yashpal Singh, who was here along with
the Principal Secretary, Home, Alok Sinha to review
the situation, also assured that peace would be
restored in the town within a day or two. Seven people
were killed and 36 injured in the riots that erupted
on Thursday last over Dussehra celebrations leading to
imposition of curfew. (The Hindu 19/10/05)

42. City of Taj back to normal (7)
AGRA: A day after clashes broke out between members of
two communities here over allegations of misbehaviour
with a woman who had allegedly stolen clothes from a
store in Subhash Bazar on Sunday, normality returned
to this historic city of the Taj on Monday. For a
change, the bazaar � a hub of wholesale business in
clothes and shoes � remained open on Monday, normally
the weekly holiday. Though business was brisk, some
shopkeepers said customers from far-off areas were
still sceptical about coming all the way. "This is the
festive season and we cannot afford to lose out on
this annual opportunity," said one shopkeeper. All of
them had to down their shutters on Sunday after
violence broke out. One of the sales managers of
Rajkumar and Sons in Subhash Bazar � the point where
it all started � speaking on condition of anonymity
said one of their boys had noticed that a woman had
not paid for the clothes she had taken along with her.
He spotted her at some distance and asked her to pay
up. However, the woman allegedly told the people of
her community that the shop staff had molested her
while frisking her on the pretext of recovering
"stolen" clothes. Following the allegations, some men
from the nearby Mantola locality confronted the
staff. An argument broke out between them and led to
fisticuffs. More and more people joined in from both
sides and began hurling stones. (The Hindu 25/10/05)

43. Mau MLA close to media, far from cops (7)
Lucknow, October 23: SO NEAR, yet so far. It sums up
the cat-and-mouse game between the Uttar Pradesh
police and the Mau strongman, Mukhtar Ansari - the
local MLA - wanted for fanning communal fires during
the October 17 Mau riots. And the cops are cutting a
sorry figure. Readily available to the media, he is
proving slippery for the police, who raided four
places in Lucknow on Sunday. DGP Yash-pal Singh said,
"The arrest is not as easy as was considered." Jointly
addressing a press conference with the DGP, principal
secretary, home, Alok Sinha said efforts were on to
net Ansari. The police had filed an FIR against him
last week in connection with the murder of one Ram
Autar in Mau. But the don-turned-politician cocked a
snook at the STF team, which went to Mau on Thursday
to arrest him, and landed in Lucknow with supporters
in tow. Even the police witness, Jitendra Yadav, who
had slapped the murder charge on Ansari, turned
hostile and "retracted" the allegation. Strangely, the
government has not withdrawn security provided to
Ansari. The DGP said the constables deployed for his
security were also with the absconding MLAs. The Mau
SP has apparently sought the help of the Ghazipur and
the Lucknow police to nab Ansari. Though the DGP
refused to attribute any "political pressure" to the
delay in arresting him, sources said the government
gave the green signal only on Saturday night after a
meeting between chief minister Mu-layam Singh Yadav
and Governor T.V. Rajeswar. The Governor had been to
Mau on Saturday to take stock of the situation.
(Hindustan Times 24/10/05)

44. New twist in Ansari FIR, more violence in Mau:
School burnt (7)
ALLAHABAD OCTOBER 21 : FRESH incidents of arson in
parts of curfew-hit Mau� from where no violence was
reported during the recent riots�has unnerved local
officials even as Jitendra Yadav, who had named Mau
MLA Mukhtar Ansari in an FIR, accusing him of
murdering his brother, turned hostile today. The MLA
was charged with instigating crowds during the recent
riots in Mau. According to the police, three houses, a
shop and a convent school were burnt last night. This
is the first such incident in the riot-hit town after
Chief Minister Mulayam Singh Yadav suspended five
senior officials for laxity in checking the outbreak
of violence. "We will look into the incidents. It is
surprising that such a thing has happened despite
deployment of policemen at all sensitive points," the
DM of Mau, Mukesh Meshram, told media persons. With
GovernorT VRajeshwar Rao scheduled to will Mau
tomorrow, district officials fear he might send an
indicting report to the Centre, like he had done
after visiting Gorakhpur following the outbreak of
Japanese Encephalitis. Meanwhile, Yadav, who was today
presented before the media by Ansari's brother Afzal
Ansari, said he was called to the Kotwali Police
Station on October 17 and asked about the role of
Mukhtar Ansari in the murder of his (Yadav's) brother
Ram Pratap Yadav in Mau on October 14. "Though I
stated clearly that one Haji Vakil Ahmed Simlawale was
responsible for the murder, the police said Mukhtar
Ansari was present on the spot at that time, and made
me sign a paper," he said. He added he was mentally
disturbed and signed the paper but came to know the
details through the media the next day. Yadav said he
met the chief minister this morning and told him what
had actually happened. (Indian Exp 22/10/05)

45. Muslim tea vendor was thrown out of coach in
Godhra (7)
AHMEDABAD: A passenger of the S-6 coach of the
Sabarmati Express told the G.T. Nanavati -K.G. Shah
judicial inquiry commission, probing the Godhra train
carnage and the post-Godhra communal riots in Gujarat,
here on Saturday that a Muslim tea vendor was "thrown"
out of the coach at the Godhra railway station by kar
sevaks travelling in the coach. Virpal Chedilal, who
was travelling in the train with his wife and
daughter-in-law, told the commission that he and some
other passengers were prevented by kar sevaks from
taking tea from the vendor just because he was a
Muslim. The vendor was "bundled out" of the coach by
the slogan-shouting kar sevaks which he believed could
have sparked off the disturbances. He said that when
the train had halted at the Godhra platform, he had
got down to buy some snacks and at that time
"everything looked normal" and there was no tension.
He said all through the journey up to Godhra, the kar
sevak's behaviour with other passengers and railway
officials was "very very bad and rude." Another
passenger, Ram Naresh Gupta, also told the commission
that though he had five confirmed berths in the
adjoining S-7 coach, he was rudely turned down by the
kar sevaks who had occupied them, and he and his
family had to travel sitting at the narrow passage
adjacent to the lavatory in S-6 coach. Both Mr. Virpal
Chedial and Mr. Gupta were late entrants on the list
of witnesses who were included at the request of the
State Government. Both of them claimed that they had
smelt heavy smoke "possibly emanating from burning
petrol-like substance," but both admitted to having
not seen anyone pouring inflammable fluid inside the
compartment. Neither of them had either seen the fire
till they managed to disembark from the coach nor had
any idea how the fire started. But both of them were
convinced that in the packed coach, carrying not less
than 250 passengers, it was not possible for anyone
to ignite a stove. Mr. Gupta said he heard some noise
which could be caused by breaking of some "glass
bottles" but had no idea from where they came and what
these contained. (The Hindu 23/10/05)

46. Communal clashes in Agra, PAC deployed (7)
AGRA, OCTOBER 23: Tension prevailed in Agra after
police fired in the air to disperse rioters following
clashes between Hindu shopkeepers and Muslim residents
here today that left several injured. Provincial Armed
Constabulary (PAC) personnel were finally deployed to
patrol trouble-torn areas in Mantola locality, where
the clashes broke out, as the district administration
described the situation as ‘‘tense but under
control’’. A near-curfew like situation prevailed in
the locality with police forcing residents to stay
indoors, official sources said. The trouble erupted
following an altercation between a Muslim woman and
the owner of a garment shop, police said.
Subsequently, some youths confronted the shopkeeper
while other traders rushed to his help, they added.
Soon, the situation acquired communal overtones as
members of the two communities traded blows and
indulged in stone-pelting, said police. (Indian Exp
24/10/05)

47. 108 riot accused set free (7)
Baroda, Oct. 25: A Baroda fast-tra court on Tuesday
acquitted 108 persons accused in the Makarpura rioting
and murder case. They were arrested by the Makarpura
police for killing Munna Khan Pathan and Sakir at
Laxminagar Turning, in the Tarsali area of Baroda
city, on March 13, 2002. Though fast-track court judge
P.N. Atodaria acquitted 108 accused persons, the
court questioned the role of the police and indicted
it for failing to prevent the violence. Judge P.N.
Atodaria acquitted the 108 accused persons because the
complainants failed to submit any concrete evidence
against them. Mr Atodaria said that Makarpura police
sub-inspector N.J. Vaneja, who was present at the
place, did not inform his superiors about the
incident, did not ask for any extra police personnel,
and encouraged rioting. Mr Atodaria gave the decision
after getting statements from 45 eyewitnesses and
people injured in the riot that day. However, the
police did not conduct any identity parade before
eye-witnesses in this,case. The court said that "in
srjite of policemen being present when the incident
occurred they could not identify the accused persons,
and that if they had taken enough precautions the
incident could have been prevented." The accused were
part of a crowd between 2,000 and 2,500 people who
also set on fire two motorcycles at the place and
damaged two Tempos carrying a few Muslim families by
throwing stones at them. The accused were also
carrying deadly weapons, like knives and swords. Five
or six people were injured in the stone-throwing.
(Asian Age 26/10/05)

48. Bill recommends riot-sensitive tag for areas,
unclear on authority (7)
NEW DELHI, NOVEMBER 28: THE Communal Harmony Bill
cleared by the Union Cabinet calls for declaring an
area "communally sensitive" before the proposed act
comes into play but surprisingly, the Centre is yet to
decide who will declare an area "communally
disturbed". The note circulated to the Cabinet, which
The Indian Express has accessed, does not specify who
will be responsible for declaring an area "communally
sensitive". Moreover, the Centre has not been able to
decide on the parameters to be followed to declare an
area "communally sensitive". Though initially the Home
ministry had sought to empower itself to rush central
forces to "communally sensitive" areas and take charge
of the situation, these provisions do not figure in
the final draft sent to the Cabinet. In its present
shape, the act focuses more on "relief and
rehabilitation" for victims and "speedy justice". The
bill proposes the formation of "councils" at the
district, state and the central levels for monitoring
relief, rehabilitation and administration of the area
as long as it continues to be notified as "communally
sensitive". The act proposes more stringent penal
sentence against the guilty and trial by "special
courts". It also makes it mandatory for the police to
establish centres for recording of First Information
Reports (FIR) in the affected localities and also in
the relief camps whenever set up. The very declaration
of an area as "communally sensitive", however, is
likely to hit a hurdle. If states are granted the
power, it would defeat the very purpose of having such
a legislation. (Indian Express 29/11/05)

49. UP riots over cow slaughter (7)
Lucknow, Nov. 5: One person died and 13 were injured
in communal clashes in three villages in Barabanki
district on Friday evening. Twelve persons have been
arrested and additional forces have been deployed in
the villages. The station officer of Mohammadpur Khala
has been suspended for dereliction of duty and the
circle officer has been transferred. District
magistrate Ashish Goyal said that the situation was
tense, but under control. The clashes were the fallout
of escalating communal tension in the area following
an incident of cow slaughter on Diwali. According to
reports, on the night of Diwali two local youths
Chakkane and Gufran, slaughtered a cow and were found
selling the meat. This led to verbal clashes and
tension between two communities, but local police
officials immediately swung into action and pacified
the two groups after promising action against the
offenders. Two days later, when one group found that
no action has been taken against Chakkane and Gufran
and the two were roaming freely in the village, it led
to a free-for-all in which about two dozen houses were
burnt down and two shops were gutted. As violence
spread to two adjoining villages, senior district
officials rushed in with additional forces and brought
the situation under control. A case for inciting
communal violence has been filed against 12 persons
and efforts are on to arrest the two youth responsible
for the clashes. (Asian Age 6/11/05)

50. Tension in Mau areas; night curfew continues

Mau (U.P.): Tension gripped Sabzi Mandi and Hatti Madari areas here on Tuesday following arson and stone-pelting even as the night curfew continued in the riot-torn town. Some people tried to set ablaze a house in the Sabzi Mandi area but a police picket reached the spot forcing them to flee, police said. Stones were hurled at some houses in Hatti Madari triggering tension, they said. Security personnel, however, prevented the situation from going out of control. Curfew was clamped in the town following communal clashes during Dussehra festival in which 12 people were killed and 40 others injured. (The Hindu 16/11/05)

51. Mau probe indicts BJP MP

Lucknow, November 20: A THREE-member probe panel led by senior IPS officer VN. Rai, ADG (vigilance), set up to probe last month's Mau riots has indicted BJP MP Yogi Adityanath. It said the MP - with considerable clout in eastern Uttar Pradesh - had a role in the flare-up and "intervention of secular forces was essential to stop communalism." The state would have to show its will power, otherwise, several other Maus can happen, the report inferred. According to the report, Yogi functioned through different fronts like the Hindu Yuva Vahani, Hindu Jagran Manch, Sri Ram Shakti Prakoshtha, Gorakhnath, Purvanchal Vikas Manch, Vishwa Hindu Mahasabha and the Hindu Mahasabha. Accusing the district administration of failing to control the riots, the report said it was the most violent of all flare-ups. For the first time, rioters organized themselves in "such a systematic manner", the report added. The report also cited many firsts. Schools and hospitals belonging to the minority community were vandalized and religious places of a particular community desecrated. Powerlooms - the textile town's lifeline - were also destroyed. However, not everything was lost, the report noted. "There were saner elements, who risked their lives to protect people." The report also took a dig at Mukhtar Ansari -often dubbed the Mau strongman. "It is common belief that the Mau district administration used to dance to Ansari's tune and officers of his choice were appointed in the district. Such an administration might have been good for other things, but countering communal riots was not possible for these officers. That is why the riot continued," the report hit out. Hindustan Times 21/11/05)

52. Mulayam says no to judicial probe into Mau riots

LUCKNOW: Uttar Pradesh Chief Minister Mulayam Singh Yadav on Wednesday rejected the Opposition demand for a Central Bureau of Investigation or judicial probe into the recent Mau communal riots. Protesting the decision, the entire Opposition, including the Bharatiya Janata Party, the Bahujan Samaj Party and the Congress, staged a noisy walkout from the Assembly after a four-hour discussion. Mr. Yadav said a three-member enquiry committee headed by the chairperson, Revenue Board, and former Chief Secretary, Neera Yadav, would be asked to give its report at the earliest. "If the members were not satisfied with the report the government would consider a judicial probe." A sum of Rs. 5 crores would be spent for reconstruction work in Mau town. Denying allegations that the government stood a mute spectator during the riots, he said it was its harsh measures that resulted in the "instant controlling" of violence. The Chief Minister gave a clean chit to Mukhtar Ansari (Independent MLA from Mau) and said the Hindu Vahini instigated communal violence. "The government would be forced to take strict action against the Vahini, an outfit of the B JP MP from Gorakhpur Yogi Adityanath, if it did not give up its evil design to divide society." The House witnessed noisy scenes when Speaker Mata Prasad Pandey did not allow the lone Hindu Mahasabha member Radha Mohan Das Agrawal to participate in the discussion. Later, he was allowed to speak at the intervention of the Chief Minister. (The Hindu 24/11/05)

53. Cabinet approves communal violence bill

NEW DELHI, NOVEMBER 24: THERE shouldn't be another Godhra, but the government will be better prepared in that eventuality. As per the National Common Minimum Programme, the UPA Cabinet today approved the Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005. Briefing mediapersons, Defence Minister Pranab Mukherjee said the Bill would be introduced in Parliament and the Ministry of Home Affairs (MHA) will put the draft provisions of the Bill on its web-site so that a widespread, informed debate can take place on the same. Asked if the Bill included a provision that allowed the Centre to prevail over states, Mukherjee replied in the affirmative. This is a significant provision as law and order is a state subject. According to the preamble to the Bill, it is in exercise of the constitutional "duty of the Union to protect States against external aggression and internal disturbance". Though the exact provisions of the Bill approved by the Cabinet today are not known yet, an earlier draft finalised by the MHA, envisioned giving the Centre unprecedented powers over states. Moreover, it equipped the armed forces with draconian powers of arrest, search and seizure and called for special courts to try cases, even arming them with the power to extern people "likely to commit a scheduled offence". However, before the draft reached the Cabinet, the Home Ministry version of the Bill was studied by the Prime Minister's Office and the National Advisory Council headed by Congress president Sonia Gandhi. (Indian Express 25/11/0555)

54. Mau tense after lynching of youth

Varanasi, November 26: THE SCARS of the recent riots still fresh, Mail witnessed communal tension again on Friday after a youth from the minority community was lynched by a mob for sexually assaulting a minor girl. Markets remained closed and demonstrations were held on Saturday to protest the assault on the minor. According to sources, the 13-year-old, a resident of Mahrania under Kotwali police station, had left home to dump some waste but did not return for a long time. Her worried family members were told that some youth had taken her inside a powerloom unit in Kyaritola area. A mob accompanied the girl's family to the powerloom unit and found the girl unconscious. The furious mob then got hold of Mohammad Khursheed, a youth present there, and beat him up. Khursheed, who was critically injured, was taken to Varanasi for treatment where he was declared brought dead. The news spread like wildfire, bringing back communal tension in the area. Additional police force had to be deployed in several areas of the town to prevent violence. (Hindustan Times 27/11/05)

55. Bihar MPs fight over killings in East Champaran

NEW DELHI, DECEMBER 13: Bihar’s RJD members clashed with JD(U) and BJP members of the state in the Lok Sabha today forcing the Speaker to adjourn the House for lunch 15 minutes before schedule. RJD members targeted the newly elected Nitish Kumar government, saying that fear psychosis has gripped the minority community in Bihar following the killing of five persons in broad daylight in east Champaran district. Raising the issue during zero hour, Devendra Prasad Yadav demanded that the Centre seek a report from the JD(U)-BJP government immediately, and a committee visit Bihar for an on-the-spot study of the situation. Taking a dig at the Kumar government, Ram Kripal Yadav, also of RJD, said that such incidents were taking place in the regime of those who had promised good governance. ‘‘As soon as they came to power, such attacks on minorities have started taking place. Such a government should be dismissed,’’ he said. Countering the charge, Prabhunath Singh of JD(U), and some BJP members, said that the killings were due to a land dispute and minorities were not targeted. RJD members, including Raghunath Jha, insisted of having their say in spite of speaker Somnath Chatterjee making it clear that only those who had given notices would be allowed to speak. The members continued to protest, and the Speaker adjourned the house. (Indian Exp 14/12/05)

56. "Treat communal violence as genocide"

NEW DELHI: Activists, lawyers, politicians, and citizens concerned have urged the Government to change the provisions of the Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill to incorporate the definition of genocide and criminalise mass crimes committed with State complicity. The Bill was tabled in the Rajya Sabha during the just-concluded winter session. At a meeting here on Saturday, Communist Party of India (Marxist) MP Nilotpal Basu said there was a need to question the assumption in the Bill that communalism was promoted by the State Government and prevented by the Central Government. Recommending that any law on communal violence empower civil society organisations, he said that Parliamentary debates on the Gujarat pogrom had depended heavily on reports by the National Human Rights Commission (NHRC) and civil society organisations. Social activist and co-editor of Communalism Combat Teesta Setalvad said that state-sponsored violence needed special responses. She said an alternative drafted by civil society organisations had defined `genocide,' `crimes against humanity,' and included a `chain of command responsibility.' She said the NHRC should be given a statutory role in preventing and controlling communal violence and overseeing rehabilitation efforts. Nithya Ramakrishnan, lawyer, said courts should have the power to take cognisance of these crimes without having to wait for the State Government to declare the area `communally disturbed.' Some felt that a separate law was not needed. T.N. Misra, former Director-General Central Reserve Police Force (CRPF) said: "The need is of good officers who are committed to the ideals enshrined in the Constitution. If impartial, competent, honest officers are posted, there is no need for another bill. The laws of the land, as they exist today, are sufficient to prevent communal violence." (The Hindu 25/12/05)

57. Police avert communal clash near Anand

AHMEDABAD: About half-a-dozen auto rickshaws and shops were damaged and set on fire in a communal clash at Napadwanta village near Anand town in central Gujarat on Thursday. Timely intervention by the police, however, managed to avert a riot after a youth was stabbed and seriously wounded by some members of the rival community following quarrel over occupying a seat in a State bus. (The Hindu 2/12/05)

58. Relative of Mau MLA surrenders

LUCKNOW: One of the 10 accused in the sensational killing of BJP legislator Krishnanand Rai on Thursday surrendered in a Ghazipur court. Ejaj-ul-Haq, a relative of controversial Mau Independent MLA Mukhtar Ansari, surrendered before the Ghazipur Chief Judicial Magistrate (CJM), who remanded him to 14-day judicial custody. He was later sent to jail. Ansari, who is also accused in the high-profile murder case, is already lodged in jail in another case. Meanwhile, resentment prevailed in east Uttar Pradesh districts over the gruesome assassination of Mr Rai. His last rites were performed amid stepped-up security at Varanasi on Wednesday night. Even as the BJP protest continued, party president Lal Krishna Advani is slated to visit Ghazipur on December 6 to offer condolences to the bereaved family. Mr Advani, possibly with some senior national leaders, would visit Mr Rai's native place, the State BJP spokesman said here. A dharna to protest the daylight killing of the MLA continued for the third day in Varanasi on Thursday with the State BJP president, Keshari Nath Tripathi, leading it. Senior party leaders Rajnath Singh and Kalarj Mishra also sat on the dharna demanding a CBI probe into the incident. According to a report from Varanasi, Chief Minister Mulayam Singh Yadav had telephoned Rajnath Singh and urged him to discontinue the indefinite dharna. A report from Ghazipur said an agitated mob had vandalised and set afire the Tazpur railway station in the district. On Wednesday night, Karimuddinpur railway station was also damaged by a rampaging mob protesting the killing. (The Hindu 2/12/05)

59. Civil society groups critkise Communal Violence Bill

NEW DELHI: Civil society groups and individuals across the country have criticised the Communal Violence (Prevention, Control and Rehabilitation Bill), which the Central Government introduced in the Rajya Sabha on December 5. Rejecting the Bill, they called upon the Government to consult all stakeholders and civil society groups and prepare a new law, which would strengthen the hands of citizens to make the Government accountable. In a statement, 42 organisations and individuals said the Government had not consulted civil society groups or try to forge a consensus on the Bill. Citing the Gujarat instance where the State Government was found to be 'complicit' in the violence against Muslims by many independent investigations, the statement said that instead of giving the Government more powers, the law should concentrate on giving citizens the power to hold the Government accountable and criminally liable for their acts of omission and commission and failure to protect or rehabilitate victims and failure to punish the guilty. Emphasising that the Bill did not provide for punishment against public servants who failed to prevent communal violence, it said the Bill required prior consent of the State Government to prosecute public servants. The statement said the existing power of the Central Government to intervene in cases where the State Government had a hand in the violence was negated by a provision, which required the Centre to seek permission of the State Governments for such an intervention. (The Hindu 18/12/05)

60. Majnu row acquires communal colour

Meerut : The Meerut controversy over police brutality on couples in a park took a queer turn on Thursday with Bajrang Dal volunteers behaving like moral police in another park as the custodians of law stood around like mute spectators. On their part, Samajwadi Party activists have blamed the police of being communal as most of the boys rounded up under Operation Majnu belong to the minority community. Meanwhile, the status of the Senior Superintendent of Police RR Verma remained wrapped in mystery through the day. While the city was agog with rumours of his transfer, his seniors here, the Zonal Inspector General of Police and Deputy Inspector General of Police, remained mum. Secretary (Home) Alok Sinha told The Pioneer from Lucknow that Verma was away on two day's leave. Bajrang Dal activists attacked couples in Gandhi Park giving Samajwadi Party activists an opportunity to claim that they had targeted youths of the Muslim community. The Shiv Sena and the Bajrang Dal took out processions on Thursday and burnt effigies of Chief Minister Mulayam Singh Yadav. Then activists of these outfits went to Gandhi Park on Thursday afternoon and chased couples sitting there talking to each other. These activists beat up the couples but policemen on duty there refused to come to the aid of the hapless youth. "We will not allow Muslim youth spoil the girls of Hindu community," said Sanjay Bajpai, an office-bearer of Bajrang Dal. Meanwhile in a damage-control exercise, the Uttar Pradesh Government has ordered a probe by a DIG into the beating up of couples by police and Chief Minister Mulayam Singh Yadav promised stern action against errant officials. The Government also decided to conduct administrative inquiry to "fix responsibility" on the officials involved in 'Operation Majnu' which triggered a nationwide outcry over moral policing. "I admit the mistake committed by the police. I am totally with the young couples. Action has been initiated against some police officials connected in this matter," Mr Yadav told reporters in Delhi. (Pionneer. 23/12/05)

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HR News is an electronic News Bulletin on Human Rights Violations and related subjects freely transmitted by the Human Rights and Law Unit (HRLU) of the Indian Social Institute. It is a collection of previously published news and views from the print as well as the electronic media. HRLU neither claims to the veracity of the facts in the news nor subscribes to the views
expressed.

Communal Riots 2005: Asghar Ali Engineer

COMMUNAL RIOTS – 2005
Asghar Ali Engineer
(Secular Perspective Jan.16 to Feb.15, 2006)

Like 2004 the year 2005 was also comparatively less violent as far as communal riots are concerned. In fact it is Gujarat, which takes the cake. Perhaps for years to come nothing like Gujarat carnage is likely to take place. Communal carnage of the kind, which took place in Gujarat is not possible without active support of the state machinery. But that does not mean communal violence does not take place at all. It does.

One can put communal violence under two categories:

1) Communal violence which is carefully planned and executed with political or state support or at least with subtle state connivance. Such violence results in great losses of lives as well as properties. It goes on for a long period of time and is deliberately not controlled unless the stated goal is achieved. Anti-Sikh riots of 1984, Bhagalpur riots of 1989, Mumbai riots of 1992-93 and Gujarat riots of 2002 are its obvious examples.

2) Those riots which spontaneously break out on minor causes like dispute on land or money matters between two individuals or groups, knocking out somebody accidentally by car or scooter or construction of mosque or temple etc. Since these are unplanned and spontaneous clashes can be easily controlled, given little determination on the part of police. And in such riots few lives are lost or not much damage is done to properties.

The second category of riots takes place as a result of constant communal propaganda. It is important to note that absence of communal violence does not mean absence of communal propaganda. Communal propaganda goes on riots or no riots. Thus communal forces keep on poisoning the minds of people and keep on promoting animosity between the communities. And so skirmishes continue.

Communal Riots in 2005

It began with Vadodra, Gujarat on 4th February. Gujarat is highly communalised state today in India, thanks to BJP rule and Narendra Modi’s open hostility to Muslims. Trouble began when people in a marriage procession, accompanied by DJ and high power music system, allegedly beat up an auto-rickshaw driver passing on the same rout when he complained of traffic jam. The driver belonged to the minority community, ran away after being beaten up. Soon thereafter a mob came and pelted in stones. A posse of policemen rushed and lobbed four tear gas shells. About a dozen people including a policeman were injured. Four persons were arrested and police also seized the music system.

The rioting in Vadodra was followed by one in Jaunpur village Khetasarai on 4th February. Here it was result of dispute about a cemetery land. In this one woman was killed and 23 persons were injured. Communal tension mounted in the area subsequent to this incident. Violence erupted when some people hoisted saffron flag on the cemetery land when settlement process was on. Then people of one community set fire to two houses of another community. And in response to that people of another community set fire to one shop. Then PAC reinforcements were brought. The people of two communities gathered in large numbers and raised slogans against each other. The police arrested 23 persons from both the communities.

On 8th February communal violence broke out in Rajnandgaon of Chattisgarh. This was result of two girls having fled from their houses and two groups fought on that. Then firing began and then first 144 was clamped and then curfew in the area. There was no news, however, of any death.

Then it was turn of Azamgarh district on 9th February when dispute on distribution of kerosene in Diwali Khalsa village in which 12 persons were injured. Some people belonging to another community tried to enter the queue out of turn and situation went out of control. The police rushed to the spot and controlled the situation.

Again a village in Vadodra district witnessed communal clashes on 11th February when two cyclists belonging to different communities fought. Fifteen persons were injured including a leader of VHP. Many houses were also damaged. The police was keeping a vigil to keep control over the situation.

Next we see communal rioting in Nagazmangala town of Mandya district in Karnataka when an idol was taken from the temple and thrown on the road. However, no one knows who was the culprit. After the rouble broke out rioters, Hindus as well as Muslims went on a rampage in the town. It is said properties worth crores of rupees were destroyed. The police lobbed teargas shells and fired five rounds in the air.

Agra witnessed riots on 13th February in Tajganj near Tajmahal when someone from one community teased a girl from another community. Many houses were set afire after this incident and stoning on large scale started. The police maintained that since police inspector of Tajganj police station had gone out the rioting took such fierce form. He said there was incidence of firing also between two communities. Many illegal arms were found in the area.

Next it was Sanbhalnagar of Moradabad that communal violence erupted on the occasion of Moharram on 19th February. These are communally highly sensitive areas. Rioters resorted to firing in Sanbhalgarh. The police arrested 100 persons from both the communities.

On the same day Lucknow witnessed rioting between Shias and Sunnis in which 3 persons lost their lives and 40 were injured in the old city. Government announced compensation of Rs. 5 lakhs for every person died. 10 shops were looted. The trouble started with Muslims of one sect threw stones on Tazia procession of another sect. Many shops were set on fire. The Shia and Sunni leaders have appealed for peace. Later on 22nd February Banaras also saw sectarian violence between Shias and Sunnis in which 24 persons were injured and when dispute started on Tazia procession due to falling of tree on the way. The curfew was imposed which continued even on the third day of incidents.

Dhar in M.P. also witnessed communal disturbances on 22nd February after an explosion and curfew was clamped. Curfew was clamped after stone throwing and setting fire to properties. Ten persons were injured including policemen. An auto rickshaw was set on fire near the bus stand.

Bhilwada, thanks to activities of Bajrang Dal and VHP, has become extremely sensitive town. On 13th March town became very tense after murder of a Bajrang Dal man. For three days curfew remained in force. In Naseerabad in Ajmer District experienced communal tension when a religious leader was injured in Chaprasi Mohallah.

In Mandal, in Bhilwada district more violence erupted on 8th April when some miscreants hoisted saffron flag on a mosque. Muslims were agitated and they filed FIR and the police promised to act against the culprits. Muslims then took out a silent procession and submitted a memorandum. Then in the evening a procession of Charbhujanath was taken out and it stopped near Lakhara chowk and lot of gulal (a coloured powder) was thrown around and at that time some stones were thrown by unknown people. No one knows who threw stones. All those who live around this chowk are Hindus and stones mainly came from the roofs of Hindu houses. It could be the conspiracy of those who were involved in hoisting saffron flag on mosque in the morning.

Immediately after this situation went out of control and 11 Muslim shops and two houses were burnt to ashes and two mazars (mausoleums) were uprooted and Madina Masjid was damaged and one motor cycle was set on fire. Then curfew was imposed at 7-30 p.m. but before it a person called Kanhaiyya Das, who was among the rioters was killed in police firing. The miscreants put his dead body outside a temple and spread rumor that some Muslims entered the temple and killed him.

The police who knew better registered an FIR under pressure from BJP, VHP and even some Congress politicians and it arrested 25 Muslims and beat them up mercilessly. In search operation for illicit arms in Muslim houses many women were also beaten up. Thus Muslims had to suffer financially and physically. In Mandal there were cordial relations between Hindus and Muslims but BJP-VHP combine do not like Hindu-Muslim unity.

Then in Kareda Tehsil suddenly one found flags on Hindu temples with 786 Muslim sacred symbol) inscribed on them and some animal bones. One can well understand who must have done it. Kareda markets remained closed for 72 hours. The Sangh Parivar fixed the responsibility of this on a sufi saint of Kareda Sailani Baba and described his centre as centre of Pak agents and smugglers and demanded his removal from there and threatened that if administration did not act then it will be converted into Gujarat. Communal tension continued there for many days.

Sailani Baba who has Hindu and Muslim disciples was subjected to thorough search but nothing incriminating was found there. And one who had desecrated the temples was nothing but a Shiv Sena activist Ramratan Jhanvar. The whole conspiracy was exposed and Hindus were stunned by such blatant act.

Holi is another occasion when communal skirmishes invariably take place in some communally sensitive areas. Three persons were killed and several others injured. In Balrampur U.P. people in Subhashnagar and Gandhinagar clashed and set fire to several shops. When the procession was passing through a religious place stoning began and clashes started. The police imposed curfew. Police has filed FIR against 52 persons and have arrested 35 so far.

In Rajasthan curfew had to be imposed in Sojat town in the Pali district on 27th March following clashes between two communities during a dance procession on the occasion of Holi. A dozen persons were injured in the clash. According to the police sources, the incident occurred on Saturday evening as a traditional Holi dance procession passed through a Muslim locality and suddenly both side started pelting stones at each other. Angry processionists went on rampage and shops in the area were set on fire. Seventeen persons were injured and 20 shops were set ablaze.

On 27th March Faizabad in U.P. too experienced communal disturbances when members of two communities clashed on the question of throwing colour by Holi revellers. Members of both communities fired on each other. Four persons were injured seriously and 12 shops were set ablaze. It is reported that during Holi revelries about 6 persons died in different parts of U.P. and 50 persons injured. Police said that in Ferozpur one person was shot dead and one died of fire burns. In Fatehgarh, Farrukhabad one person was shot dead.

On 31st March on the occasion of Rangpanchmi communal disturbances broke out in Sarangpur in Rajgadh district in Rajasthan. In these disturbances several people were injured in stone throwing and police has arrested 50 persons in this connection.

Bhilwara, Rajasthan, which has emerged as most sensitive town again witnessed communal clashes on 8th April when communal rioting took place in Mandal town of Bhilwada district. Muslims from villages in the district began to flee for safety. Trouble began when a saffron flag was hoisted on a mosque in Mandal on 8th April and violence broke out when a religious procession was in progress. In Karjalia village of Bhilwada district Muslims faced total boycott and they began to migrate from there when a RSS activist was murdered on March 1. Hindu activists fanned out in the area and called for a social boycott of Muslims. Some 19 families from the village migrated to other places. No one talks to Muslims and if someone does he has to pay a fine of Rs. 11,000. No Hindu shop sells them anything. Bhilwara has become Gujarat within Rajastan.

In these disturbances 10 persons were injured, 6 shops were set afire and three religious places were burnt down. Kanahiyalal Beragi was killed in police firing but police is trying to shift blame on someone else saying he was killed in firing from unlicensed weapon. Beragi’s family maintains that he was killed in police firing and unless police officer is arrested they will not perform last rites of Beragi.

On 19th April people of to communities clashed in Morshi Taluka of Amravati district in Maharashra in which one person was killed and two were injured. This was result of fight between two youths of two communities on a shop. According to collector of Amravati district many shops were set ablaze and looted. Two Autorickshaws and two motor cycles were also burnt down.

On 7th May a Hindu a 50-60 strong mob presumably belonging to Sangh Parivar attacked with lathis on Muslims who had gathered in Kamba in Bhivandi gathered there to pray at Jannatshahwale Baba’s mausoleum. Most of the Muslims were injured. They also upturned a rickshaw and beat up two motorcyclists. They claimed it is Samadhi of Nonathbaba and not Jannatshah Baba’s mausoleum. The dargah has 100 acre property and Sangh Parivar wants to grab the land.

Next Surat came under spell of communal violence on 16th May. Disturbances started after a minor collision between a Muslim Scooterist and a Hindu Kahar Autorickshawwala. Nadeem alias Kaliyo, the Scooterist was injured and shifted to civil hospital and his people came demanding compensation from Autorickshaw owner. An argument began and stoning and acid bulbs were thrown along with soda water bottles. Several people were injured. 27 persons were arrested in this connection. The mob also set fire to one rickshaw and two cycles. Rumours that Dhansukh Kahar was kidnapped and killed began doing rounds until he was found sleeping near the Tapti bank.

Dhar in M.P., another communally sensitive town came under bout of communal violence after some dispute between persons of two communities in which two persons died and 11 were injured. One Raju Bherivi was killed in these skirmishes. Then a Hindu mob armed with swords and other weapons went and killed one Muslim named Allah Noor. It was result of fight between children of two families, which assumed such grave proportions. Curfew had to be imposed on the town.

Badoda (Vadodra) witnessed another bout of communal violence in Mughalwada and this happened, according to the police, due to gamblers. It is gamblers who were interested in provoking violence to earn money. One gambler has been arrested in this connection. Police had to do lathicharge, had to throw teargas shells and open 8 rounds of fire in the air. In this firing one person i.e. Mohammad Saeed was killed. According to the police apart from gamblers, some politicians and media people also might have been involved.

Major Riot in Mau (U.P.)

Mau, in U.P., again a highly sensitive town and went up in flame in October on the occasion of Dasehra. Mau has significant population of Muslim weavers. It is primarily a weavers’ town. Unofficial figures of casualties after proper investigation stand at 14 dead in all and properties worth crores of rupees were reduced to ashes. Many shops were looted. Hospitals, schools and other properties belonging to minority community were totally destroyed.

The dispute started on the question of loudspeaker. Taravih prayers were going on in the mosque nearby due to month of Ramzan and in nearby Dasehra maidan loudspeaker was being used for songs. Some Muslims requested to stop it and Hindus, including one BJP leader agreed to it. But next day some activists of Hindu Yuva Vahini led by Yogi Aditya Nath objected and started playing loudspeaker again and some Muslim youth snatched the equipment. A Hindu Yuva Vahini leader fired and several Muslims were injured. This incited some Muslims to attack Hindus and loot their shops.

But next day the Hindu miscreants took over and killed, looted and set fore to Muslim properties and police looked on. A high police officer from Lucknow told me that it appears that Mulayam Singh government deliberately allowed this mayhem and pillage to balance what happened to Hindus on the first day to ward off BJP criticism. However, whatever the truth fact remains that Muslims suffered great loss of properties although casualties seem to be equal in both the communities.

The role of the media, particularly Hindi media, as usual, was far from satisfactory. It published inflammatory headlines about massacre of Hindus. One T.V. Channel also seems to have doctored a video about the independent M.L.A. Mukhtar Ansari as if he was provoking riots in presence of police bodyguards. The video clip showed only his gestures but there was no sound. All this shows media remains a part of the problem rather than part of solution. Unfortunately administration never takes any action against the media for spreading rumours and hatred.

While disturbances were going on in Mau, Agra once again witnessed communal skirmishes on 23rd October as a result of a small incident in which one woman was accused of theft in a cloth shop and the servant of the shop searched her bag under suspicion. This small incident led to communal clashes when other shopkeepers also joined in. Many anti-social elements suddenly appeared with firearms and began looting shops. Hundreds of people went up on their roofs and began stoning from there. This area around Jami Masjid in Agra is communally very sensitive.

On 20th December communal clashes took place between Hindus and Muslims in Vasundari village under Titwala police station. The clashes started on the question of digging earth. While some Muslims were digging earth, some Hindus attacked them with lathis, iron rods and pickaxes. Seven persons were injured. The injured were admitted to Sion Hospital, Mumbai. One Rohidas Pandurang Jadhav succumbed to his injuries and this led to further tension in the village. On hearing of Jadhav’s death many Muslim women fled from the village as many Muslim men had already been arrested. There was ongoing dispute between Zamir Nazir Pawle and Ganesh Haribhav Jadhav about digging the earth for brick kiln. His brick kiln was also destroyed.

Thus it will be seen that except for Mau riots in October 2005 all other riots were minor and result of small incidents here and there. Such violence is also result of constant hate propaganda by communal forces and regrettably governments of various states do not take any action against hate propaganda. And this propaganda helps communalists for planning major communal violence whenever needed as in Mau this year. It is only vigilance by the people and committed members of civil society that major clashes can be prevented.

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Centre for Study of Society and Secularism
Website: www.csss-isla.com

Communal riots 2006 : Asghar Ali Engineer

This is as usual our annual survey of communal riots and events during 2006. This was comparatively an year with few riots. In fact post-Gujarat India has witnessed fewer riots. Gujarat was indeed another watershed like the one after post-Babri riots. It has been witnessed that after some major riot, subsequent years witness smaller and fewer riots. Mumbai riots after demolition of Babri Masjid by Sangh Parivar fanatics were also very intense and widespread in 1992-93 in which more than one thousand persons perished. After Mumbai riots there was no major riot with the exception of Coimbatore riots (in which 40 persons were killed) until Gujarat happened.

Gujarat was really earthshaking both in its intensity and in its brutality and direct involvement of state machinery. In fact nothing like Gujarat had happened in post-independence period. Gujarat happened in 2002 and since Gujarat no major riot like it has happened. Such major riots perhaps make even communal forces make so nervous by exposure of media that it takes quite sometime for them to gather courage for next major communal riot. Also, after riots like the ones in Gujarat, 2002, it becomes difficult for communal forces to get people’s support for another one for quite some time. It is also important to note that the next major riot does not usually occur at the same place. For example, after Mumbai riot of 1992-93 next major riot took place in Gujarat, not in Mumbai. Similarly earlier during eighties many major riots took place but subsequent riot never occurred at the same place.

So after Gujarat there has been no major riot so far. During 2006 several small riots took place in different places. The first riot occurred at Baroda on 17th January. Two groups of Hindus and Muslims clashed on some petty matter in which two persons were injured. The police and Rapid Action Force came into action and prevented further trouble. Three persons were arrested.

On 3rd February there were clashes between those going for Friday prayers in Kamalmaula Masjid and Bhojshala temple for worship in Dhar, Madhya Pradesh. The Hindu Jagran Manch, a Sangh Parivar unit has been claiming that Kamalmaula Masjid is a Hindu temple and Dhar has become communally highly sensitive place and clashes occur here frequently. More than 300 Muslims were prevented from entering the mosque to pray and police had to resort to lathicharge and fire teargas shells and impose curfew. Muslims had to pray in a temporary structure outside. Later on curfew was relaxed and Hindus were allowed to perform puja.

Very surprisingly clashes between Muslims and Buddhists occurred in Leh in J&K on 10th February. The mob set ablaze a house at Horay Gonpa in protest against the alleged desecration of Qur’an. 31 persons were arrested in clashes between Muslims and Buddhists. The Qur’an was allegedly kept inside the mosque in Bodh Kharboo in Kargil. Curfew had to be imposed which continued for few days and Army had to stage flag march. Leh, in a sense, is communally sensitive as earlier too clashes had occurred between Muslims and Buddhists.

There were clashes in Muzaffarnagar, U.P. between communities on 17th February during demonstrations against cartoons of the Prophet of Islam. Six persons were injured. The sentiments were inflamed as U.P.’s minister of Haj Haji Muhammad Yaqoob announced reward of 51 crores of rupees for anyone who brings the head of the cartoonist. PAC was posted to control the situation. In Hyderabad, Andhra Pradesh also clashes occurred between Muslims and Hindus in which one shop was set on fire and 5 persons were injured on same day i.e. on 11th February in Char Minar and other areas. Hyderabad witnessed similar disturbances again on 24th February when a religious place was desecrated in Karwan locality. The faces of lions installed outside the religious place were found broken. Immediately large number of people collected and began stoning the houses of other community. Police had to resort to lathicharge to disperse the mob.

On 3rd March Lucknow which is not so communally sensitive witnessed communal clashes between Hindus and Muslims in which 4 persons were killed while Muslims were staging demonstrations against Prophet’s cartoons after Friday prayers in Aminabad, Qaiserganj, Latoosh Road when Muslims forced shopkeepers to down their shutters. However, according to Muslim source disturbances started when Khatiks (Hindu slaughterers) stoned Muslims protesting against Prophet’s cartoons. Then firing started from both sides in which 4 persons were killed. Majority of those injured were Muslims. In retaliation Muslims stoned many vehicles and damaged them and set fire to effigies of Bush.

Goa also witnessed communal violence on 4th March when Muslims took out protest march against demolition of a structure used for prayer by the minority community. To save the minority community, police claimed, they were evacuated. The Congress blamed the Hindu fundamentalists for disturbances. The Hindus stoned the Protest march. Then the mob ransacked several establishments and torched vehicles. Police fired in the air when someone attacked inspector Gaad and snatched his revolver. Two persons were injured in the firing. About 100 persons were arrested.

Bangalore saw communal violence on 10th March when dispute started between members of two communities in a Muslim majority area of city on the question of barking of dog. The argument between youths of two communities escalated. 9 persons were injured when stoning started and one person was seriously injured in stabbing. The police brought the situation under control.

On March 26 Baroda witnessed communal violence once again in Fatehpura area. More than 100 persons gathered and stoned in which 6 persons were injured. The dispute between the two communities arose on small matter and soon engulfed the area in violence. Of the injured four were seriously injured and had to be hospitalised.

Aligarh flared up on the eve of Navratri on April 6 and four persons were killed. The two communities indulged in stoning and firing. It was alleged that Muslims removed the decorative lighting of a temple and violence flared up. Then the clash occurred with Muslims in Sabzi Mandi and Daiwali Gali. In fact, some alleged that when a piyao (structure for drinking water) was sought to be used as temple and was decorated with lights on the occasion of Navratri, the dispute started and took violent form. Besides 4 persons who died, 13 were injured of which 6 were in critical condition. Curfew had to be imposed in the area of five police stations.

On April 11, on the occasion of Prophet’s birth day Khandwa was engulfed in communal violence and in Pali in Rajasthan was also affected on this occasion. Twelve persons were injured in stoning in Khandwa. In both the places indefinite curfew was imposed. The police sources in Khandwa said that dispute started when some Muslims removed a Raavi Pandal in Jalebi chowk. In Pali, 10 persons were injured when a procession of Mahavir Jayanti was stoned. Some Muslims objected to procession being taken from Pinjara Mohalla and trouble started.

Thana experienced communal disturbances on 24th April. It is reported that one Muslim was unloading wood from a truck when two Hindu youth objected. However, matter was apparently settled but at night around 10 p.m. some Hindu youth came with swords and attacked Muslim houses. But Bajrang Dal group leader Prakash Ramkumar Yadav claimed that clashes started when he and his father were attacked and injured. But Mahmood Dalvi said he received a phone call from the area and when he reached there Ramprakash Yadav, along with 150 others were attacking Muslim houses. They were saying that we will make this area Gujarat. It was also alleged that when Muslim houses were being attacked the local MLA Eknath Sinde and policemen were silent spectators. Muslims alleged that police was arresting us instead of mischief mongers and attackers. Muslims felt terrorised by Bajrang Dal activists and lack of police support.

On April 25 one person was killed in Bhivandi, a Shiv Sainik, on the question of playing cricket. Four others were injured. It all started with a cricket ball hitting a Hindu woman and Muslim boys refusing to stop playing cricket. They forcibly stopped and slapped the boys. The boys threatened to return and settle score. They, some 30 in all returned with sticks, chains and stumps and attacked Mohan. Mohan later succumbed to his injuries. Police arrested six boys and was looking for 20 others.

Baroda, communally highly inflammable place since early eighties, once again was in flames on May 1st when a three hundred year old dargah of Chishti Rashiduddin was demolished by Vadodara Municipal Corporation which sparked riots in which 4 persons were killed and more than 12 were injured in police firing. Two of the dead had bullet injuries while other two were stabbed. It was demolished as an ‘illegal structure’. How can a three hundred year old dargah be declared as illegal?

Initially there was argument between residents of the locality but matter worsened when police intervened leading to riots which soon spread in different parts of the city. The police failed to disperse the mob by lathicharge and resorted to firing. Later on one Muslim was burnt alive along with his car and when people phoned control room police allegedly said ‘Go to Pakistan’. According to one estimate in all 6 persons died.

On intervention by Kamaluddin Bawa, it was agreed by Muslims that a portion of Mazar could be sliced of for road widening but when Muslims discovered that VMC plans to demolish entire Mazar they protested. The corporators most of whom were from BJP also maintained that when they could demolish temples why can’t VMC demolish dargah. But they forgot that temples were unauthorised and of recent origin whereas dargah was three hundred years old and could not be called ‘illegal’. Anyway it resulted in serious communal violence resulting in death of six persons. On 18th May dead bodies of two children were found in decomposed state in the dicky of a car belonging to a VHP leader. How heinous crimes these communal fanatics can commit!

Aligarh witnessed another bout of communal violence on 29th May when a BJP leader was murdered and in retaliation two persons were killed. The police further extended the curfew which was already in
force since last eruption of violence and clamped it in two more areas. Thus curfew was clamped in all five police station areas. Ahmedabad also experienced communal violence after a scooter rider knocked down person of another community near a place of worship. The police resorted to lathi charge and in all 30 persons were injured both in lathicharge and stoning between persons of two communities.

Next communal violence erupted in Karoli, Rajastan on 16th June when at a tea stall a mentally unstable person put cow dung on Qur’an and wrote objectionable things on it and showed it to people. This caused provocation to Muslims who set fire to two Hindu shops besides damaging some stalls. They then marched to collector’s office and submitted a memorandum demanding action against the offender. Some Hindus set fire to an autorickshaw. There were some incidents of stabbing also.

On 18th June there was incidence of communal violence in Goda village in Pratapgarh district of U.P. Two girls were burnt alive after the murder of a Hindu youth by some unknown persons. As the news of Hindu youth’s murder spread hundreds of people poured in Gonda village with weapons and attacked establishment of a Muslim community in Gonda, Baldu and Subedar villages. Over 100 houses were set ablaze in which two girls were charred to death. These three villages border on Pratapgarh and Raebareli districts. Immediate police reinforcements were rushed and situation was controlled. Some 100 persons were arrested.

On fourth September Raesen town in M.P. saw eruption of communal violence. Some persons allegedly threw pieces of beef at Jain temple. Hearing this news Hindus began to gather in large numbers and began stoning shops belonging to Muslims and damaging them. The police tried to disperse mob by firing teargas shells and when crowd did not disperse it fired three rounds in the air. Police reinforcements and rapid Action Force was brought to keep situation under control.

Ganpati festival is another occasion for eruption of communal violence. This year on 7th September Rabori area of Thane, near Mumbai and Usmanabad in Marathwada saw eruption of communal violence. In Rabori Muslims and those in the Ganpati procession clashed and began stoning but the police was quite alert and immediately brought the situation under control within 15 minutes.

However, it was more serious in Usmanabad where those in the Ganpati procession began throwing gulal (red powder) at Muslims in an inebriated state. They threw stones at the mosque and several Muslim shops. They also began to set fire to shops and vehicles and broke open some shops. It went on till late at night. It began from Khwajanagar of Shams chowk and continued right up to Samtanagar, near the place where Ganpati is submerged in water. Police arrested 64 persons from both the communities.

Nanded is another communally sensitive town in Marathwada region of Maharashtra. It witnessed communal violence on 29th September when student organisation Chava took out procession against reservation on religious grounds and passed through a Muslim locality and began stoning a mosque and damaged stalls selling iftar (breaking fast) eatables as it was month of Ramadan. These students having support of Shalinitai, a Maratha leader, were carrying lathis and other sharp weapons. They were shouting slogans against Muslims and attacked Abidin mosque near Bank of Hyderabad and damaged stalls selling fruits for Iftar. The vehicle belonging to Chava was full of stones. They were also carrying and waving swords. The police remained silent spectator and did not take any action against students. This procession was taken out when article 144 was in force. But police Dy.S.P. Abdurrazzaq claimed it lathicharged the processionists and arrested 30 of the Chava Organisation members.

Mangalore in South Karnataka is highly sensitive area and BJP has its stronghold here. Since the BJP became part of ruling coalition in Karnataka, the communal situation has deteriorated there. The police is playing partisan role and Sangh Parivar members have become quite bold. Mangalore area has history of communal violence. In 1998 Surathkal riots 8 persons were killed and Muslim properties were widely damaged. This time around 2 persons were killed in Mangalore area between October 4 and 7 but also in between hundreds of minor skirmishes took place between Hindus and Muslims.

The communal polarisation has been created by BJP since 1992 when Babri Masjid was demolished and JP has reaped benefits in elections by winning 11 seats in Assembly elections of 2004 from the region. According to T.A. Jhonson of Indian Express “several flashpoints for communal violence have emerged from the issue of transportation of cows in violation of a state law to eve teasing to inter-religious relationships.� Also, the minorities complain of administration’s bias since the BJP became partner in coalition. Ironically the Mangalore district is under the charge of a BJP minister. The rightwing Hindu youth feel that they can get away with anything. Those in 15-25 year age group are cause of frequent violence against Muslims and over-react on issues like cow transportation as they feel no action will be taken against them.

However, Hamid Khan, member of the Muslim Central Committee said that police acted swiftly after outbreak of violence on October 4 and imposed curfew effectively, otherwise situation would have got out of control. The BJP minister Nagaraj Shetty also gave assurance that action will be taken against the guilty “without politics�. The Janata Dal (Secular) which allied with BJP blamed Bajrang Dal and SIMI for violence.

On the occasion of Diwali on 22nd October communal violence erupted in three districts of U.P. Muzaffarnagar, Blandshahar and Ambedkarnagar. In Khalapar region of Muzaffarnagar a firecracker was ignited and dispute started with this between some Hindus and Muslims and violence erupted in which one person was killed and more than three were injured. There was firing from rooftops, which continued for half an hour resulting death of one person. Mulayamsingh declared compensation of Rs.5 lakhs for family of Pankaj killed in the clashes. Another person, a student of 11th class was murdered in Ambedkarnagar and communal disturbances started in which several people were injured including some police officers. Here many shops and houses were also damaged.

From what has been narrated above it can be seen that several small riots take place on small matters like playing cricket or lighting a cracker or someone being knocked down by a scooterist and so on. Why does it assume communal colour? The obvious reason is that communal forces indulge in communal propaganda and poison the minds of people and this continues throughout the year without any respite. This helps create communal mindset and even personal disputes between Hindus and Muslims then acquire communal colour and becomes cause of communal violence.

Communal propaganda going on unceasingly becomes greatest obstacle in smooth relationship between two major communities of India. Unfortunately the governments even in the Congress ruled states does not contemplate any action against such propaganda though there are laws prohibiting such propaganda creating ill will between communities. Not only this there is pronounced bias in text books taught in government as well as private schools from primary to secondary levels. These text-books also help create polarisation in our country. Education has thus become part of the problem instead of part of the solution.

One more thing which we observe from description of riots above that these incidents sparking communal violence do not assume major proportions only because political parties do not perceive any political benefit in spreading communal violence and police curbs violence by taking effective action. However, if politicians perceive any direct benefit they immediately exploit the incidents to create major communal flare up. Thus it is mainly politicians who are responsible for major communal flare up. The violence will be contained if politicians do not want and it will assume major proportions, if they desire communal violence for electoral politics like in Mumbai in 1992 and Gujarat in 2002.

It is only proper awareness among people and active role of civil society actors which can help contain major mishaps. We need aware and vibrant civil society to contain outbreak of major communal violence. When civil society gets polarised on communal lines as in Gujarat, it becomes very difficult for civil society to intervene.

Communal Riots 2007: Asghar Ali Engineer

By Asghar Ali Engineer

Every year we monitor communal riots in India. Here is the account of riots, which took place in 2007, which we could monitor through various sources. The first minor riot took place in Bandi district, near Jaipur in Rajasthan on 18th January. Five persons were injured and 7 shops were set to fire when riot broke out when persons belonging to Muslim community entered a Gym about which there was controversy and fight broke out between persons belonging to two communities. Of the 5 persons injured one was a policeman and 7 shops burnt resulted in huge economic loss. Police brought the rioting under control and curfew was imposed.

Indore in M.P. has become another sensitive area where communal violence breaks out of and on 21st January clashes broke out between workers of BJP and minority community and this trouble began after some people belonging to minority community showed swords to a BJP office bearer. Several people were injured in Mukripura where rioting broke out and a motorcycle was set afire. Police officer Anshuman Yadav said that situation was brought under control and police had to use teargas shells to disperse mob. There was tension in the whole city.

Bangalore saw outbreak of communal violence on 21st January two days after Muslims had demonstrated on Friday against hanging of Saddam Husain in Iraq. Police fired and in Shivajinagar area one person died and 3 were injured. In fact before this rally there was communal tension and there was incident of stoning in which 50 persons were injured. Then the Hindu Virat Mahasabha took out Shobha Yatra on the occasion of 100th birth centenary of Guru Golwalkar and the yatris set several places on fire. The police fired in which one man was killed and a police constable was stabbed. Other 4 police officials were also injured. About 20 civilians were also injured. The violent mob set five buses and several cars to fire. Many shops belonging to Muslims were also set ablaze.

Next it was turn of Gorakhpur, U.P. where on the occasion of Muharram on 27th January (on 7th Muharram procession) there was stoning from some houses in Khotipura area. About a dozen persons were injured in stoning from both sides. The violent mob set fire to one Mazar (shrine) and one car. Curfew was imposed in three areas. Communal tension erupted after one person Agarhari was killed in firing by some unknown person.

However, Gorakhpur continued to burn for couple of days more. Violence again broke out on 29th January when the BJP M.P. Yogi Adityanath was arrested for provoking violence. The demonstrators set ablaze three jeeps and several commercial establishments. The Government of U.P. suspended District Magistrate and S.P. for failing to control communal violence. One person had died and several injured in communal violence and so curfew was imposed in three areas. In fact violence continued as Adityanath is known for provoking communal violence. The Central Government had to think of sending central forces to control violence. Sriprakash Jaiswal, Minister of State for Home in the Centre said this after touring riot affected areas of Gorakhpur.

Next communal incident broke out in Beawar town of Rajgarh district, M.P. On 1st February fight broke out between two communities when some posters about a programme were torn and this became cause of violence. There was intense fighting between members of two communities. Several shops and cars were set to fire. Then curfew was imposed and orders were issued to fire on any one violating curfew. The administration also imposed ban on all politicians from entering the area. About 40 persons were arrested for indulging in violence.

Indore again witnessed communal violence on 12th February. The violence broke out when it was rumoured that a Muslim youth beat a Hindu girl. Soon crowds gathered and violent incidents began. Several vehicles were burnt and 10 persons were injured. Violence was so intense that police had to fire in the air and curfew was imposed in three police station areas.

There were minor clashes in Jaipur on 16th February in Lodon ki Gali in Jaipur city of Rajasthan when a Muslim threw chicken waste in a gutter and the Hindus raised hue and cry and stoning started in which 10 persons were injured. Police arrested 10 persons. Police also arranged a meeting of the elders of the two communities for peace, which had salutary effect.

Another incident of communal violence occurred in Aliganj area of Sultanpur when some boys of majority community indulged in eve teasing and used unbecoming language against some girls going to a photo studio. When this news spread in no time people from both the communities gathered and began stoning each other. Many persons were injured of which two persons, one Hindu and one Muslim were critical and several vehicles were set ablaze. Some firing also took place from both sides.

Darbhanga in Bihar witnessed communal violence due to desecration of one grave belonging to Muslim community. 12 persons were injured. Similarly communal violence broke out in Chittorgarh District at Begin Tehsil on 18th March because some processionists threw gulal on a mosque. Police arrested 70 persons. Thus violence was controlled.

Poonch in Jammu part of J&K witnessed communal violence when 1000 strong group of Muslims occupied a plot of land belonging to a BJP leader and constructed a mosque. The incident occurred on 24th March. The police intervened and stopped construction of mosque. Next day people again began to construct mosque and then riots broke out injuring 20 people when police stopped them and demolished the incomplete structure. Over 25 people many of them policemen were injured in pitched battles between police and rioters. As tension mounted police imposed curfew and sealed off all approach roads and shut down the local telephone exchange. As violence continued army was called in and construction of mosque was stopped.

On 28th March there was trouble in Lalgaon, 40 kms from Jamnagar, in Gujarat when a girl participant in a Ramnavmi procession was teased. The processionists were provoked and stoning started. The mob set fire to the house and shop of the teaser. The police had to lathicharge the mob. The police then arrested the youth who had teased the girl and police bandobast was made in the town.

Madhya Pradesh (M.P.) has become highly communal-violence prone since BJP has come to power there. On April 1st again there was communal violence in Narsinghgadh town of Rajgarh district when two processions Hanuman Jayanti and Miladun Nabi procession were being taken out. The processionists of Hanuman Jayanti stopped near a mosque and began shouting anti-Muslim slogans, a police official said. It was also reported that one person died but it could not be ascertained whether it was riot related death. To control the situation five additional companies of SAF, RAF and STF were rushed to Narshinghgadh. Police also had to fire and use teargas shells to disperse unruly mobs of the two communities.

Later three bodies were discovered killed in communal violence. More than 100 persons were arrested and illegal weapons seized in raids. Two bodies were discovered in a pond and one person died as a teargas shell hit him. The analysts said that these riots are clear sign of BJP’s poll preparations. The party, it is said, is out to repeat Gujarat experiment.

On 12th April Umarkhed, in Nander district, Maharashtra witnessed communal violence. A Muslim youth Zamir was murdered by some unknown persons and when his funeral procession was being taken out some people in the procession burnt a travel bus. Then a Shiv Sena leader summoned Shiv Sainiks and Bajrang Dal activists and began looting and burning hundreds of shops. Police arrested many miscreants involved in looting and burning. Some Muslim youth also then retaliated and both sides suffered losses worth lakhs of rupees. To control the situation additional police forces were summoned.

Shahjahanpur, M.P. witnessed communal violence on 13th May in which 6 persons were injured including 3 women. It was told by police authorities that violence broke out when two buses carrying marriage parties belonging to two communities clashed on the question of giving way to the bus. Police reached on the spot and separated two fighting groups.

Ahmedabad, the communally most sensitive city saw minor clashes between Hindus and Muslims on 14th June when a truck carrying mutton was stoned by miscreants. Soon members of both the communities began stoning each other in which 18 persons were injured. However, police intervened and controlled situation.

On August 14 Tenkasi town known for fireworks manufacturing witnessed communal violence in which 6 persons were killed. The violence broke out on the question of constructing mosque opposite a temple. There was old enmity between two groups. A year before Hindu Munnani leader Kumar Pandian was stabbed to death allegedly by members of Tamil Nadu Muslim Munnetra Kazhagam. Munnani activists retaliated by stabbing TMMK leader Sait Khan who survived. Thus situation was simmering and clashes occurred in the market place and six persons were killed.

Next communal violence took place on 31st August when two groups belonging to two communities clashed after a college girl complained that she was teased. It was again a case of girl teasing which led to eruption on August 31. A college student of Shahera village complained to her community members that she was being harassed by a couple of boys belonging to the other community. Members of both communities gathered and indulged in stone throwing at each other. A local police fired a round in the air and lobbed tear gas shells to disperse the crowd. The crowd had turned violent and burnt four vehicles and shouted slogans against each other. The police, fearing worst, even called additional forces. However, situation came under control.

Next on 1st September Allahabad witnessed communal flare up when Qur’an was desecrated in Kareli area. Some pages of Qur’an were found burnt in an old cemetery of Kareli area. The news spread like wild fire and thousands of people gathered and began shouting slogans and began stoning. Police vehicles were damaged due to stoning. In Kareli area 80% are Muslims. Since people gathered were shouting slogan in support of Samajwadi M.P. Atiq Ahmed, BJP believed it was done by followers of Atiq Ahmed. The police fired in the air and lobbed teargas shells to disperse the mob. Fourteen persons were arrested. Curfew was imposed in five police station areas.

Then it was turn in Jalgaon in Maharashtra to go through communal bout on 17th September when some Muslim youth tried to stop a Ganesh procession which was passing through an unauthorized route and hell was let loose. The police rushed to the spot and faced shower of stones. Several police people were injured and had to be hospitalized. It must be said that the police showed great deal of patience and did not react to the mob violence otherwise whole Jalgaon would have burnt. The mob could be mollified only after police announced that 20 persons who allegedly obstructed Ganesh procession have been arrested. The situation was saved.

On September 19 Surat experienced communal violence when a VHP leader of Gauraksha samiti (Cow protection committee) was murdered allegedly by a Muslim. The family of VHP leader alleged that police has given shelter to the murderer and refused to perform his last rites. One person was stabbed and four shops burnt as fresh violence erupted by an irate mob in Kosadi village in Surat district. Jashubhai Darbar, VHP leader was maintaining vigil against illegal slaughter of cows and he was attacked by a mob with swords and iron rods and died on spot. As news of murder spread, Hindus from nearby villages gathered and targeted Muslim establishments and houses. One person was stabbed in Kim village. Police arrested 30 persons in connection with rioting in Kosadi village. There is 5000 Muslim population in Kosadi and it is alleged cow slaughter is rampant in the area.

Panigate area of Baroda city is highly sensitive area and it witnessed frequent riots. On 22nd September it erupted in communal violence on the occasion of Ganapati procession. Tension built up as on Friday the Ganapati processionists halted before a mosque and began dancing and singing in a obscene manner. Then stoning started on the procession and riots broke out. The police commissioner P.C. Thaker himself was injured in stoning. Many others were also injured in rioting. Even 30 policemen including a deputy police commissioner were injured. A rumour was spread that a Bajrang Dal activist was killed and rioting spread in other areas of Baroda. Police commissioner said that he would take action against those who spread this rumor.

Baroda again witnessed communal violence on 27th September again on the occasion of Ganapati Visarjan (immersion) in which 10 persons were injured. However, police controlled the situation in time.

On 28 September Khamgaon, in Maharashtra came under the spell of communal violence on the occasion of Ganesh procession. Three processions passed off peacefully through Aman Chowk. But the fourth procession accompanied by local MLA stopped before a mosque and indulged in provocative acts. Some Muslims requested the procession to go ahead as it was Iftar time (breaking fast). Then stoning on procession started though some maintain miscreants themselves organized stoning. Then riots broke out and police played a partisan role. Next day also in some areas Hindus attacked Muslim houses and there was police firing in which one Muslim youth was injured. Police role was quite pro-rioters of Hindu community. It is alleged that thousands of Hindus attacked Barde plot and Yasinkhan plot (Muslim mohallas) right in presence of police. The mob openly used obscene words against Muslim women. Curfew had to be imposed in Khamgaon. Shiv Sena members even threatened Muslims publicly that ‘you observe Ramzan, we will celebrate Eid’. And despite all this innocent Muslims were arrested. A high level inquiry was demanded by Muslims of Khamgaon in the role of police and those responsible for riots.

On 7th October Communal violence broke out in Jaisalmer, border town in Rajasthan. The Hindutva forces have penetrated even in border areas now. The violence took place on the issue of cow slaughter. Sangh Parivar gave call for bandh and it resulted in violence in which mob set ablaze 8 houses and two vehicles belonging to minority community.

We witnessed communal violence next in Amravati, another communally sensitive town in Maharashtra. On 22nd October Hindus and Muslims clashed in which 26 people were injured. The clash occurred during Durga immersion procession. The clashes took place in Achalpur of Amravati district. The mob set fire to several jewellery shops and police had to resort to firing. It all began with some youngsters dancing and throwing gulal which fell on religious place and two groups clashed and stoning and incidents of arson started. Achalpur had not witnessed communal violence on this scale. Violence spread to several areas and jewellery market was looted and burnt. Police fired at least 50 rounds to disperse the rioting mob. An indefinite curfew was imposed. Achalpur is a historical town once ruled by Bahmani rulers. It was a devastating scene after rioting. Here too police played partisan role and a Muslim delegation met R.R.Patil, Home Minister of Maharashtra in this connection and told him that one policeman was involved in raping a Muslim woman. Many Muslims fled from Achalpur for fear of their lives. Kadre, a police inspector was subsequently suspended.

Savner town in Indore district came under spell of communal violence on 3rd November where a bye-election for assembly seat was due. Violence broke out after some altercation on a teashop. One person was killed according to official sources but media reported three dead and several injured. Curfew had to be imposed. Some analysts maintained that this riot was part of a conspiracy since assembly election was due on 12th December. According to a Milli Gazette report Police and SRP men were among the rioters in looting and burning 137 shops burnt, property worth crores of rupees were destroyed and more than 200 persons arrested.

On Christmas Day i.e. on 25th December riots broke out against Christians in Kandhamal district. This was first time that Christians faced systematic riots in which VHP was deeply involved. Several churches were burnt and according to official account 4 persons died but unofficially 12 persons died. Orrisa has been the centre of anti-Christian violence. It was in this state that an Australian priest working among the lepers Graham Stains was burnt alive along with his two sons. BJP and VHP have become very bold since BJP is part of ruling coalition. Though Christians face charge of conversion everywhere by Sangh Parivar but Orissa has large tribal population and VHP has made it centre of its anti-Christian activities. So far churches were burnt, priests attacked and nuns molested in several parts of India, especially in tribal areas but Orissa witnessed full fledged communal riots for the first time. This naturally came as a great shock for the Christian community.

Conclusion

We have given above account of communal riots throughout 2007 which we could monitor. May be some riots may have been left out which were very minor in character. It is our efforts to monitor almost all riots which take place in India. Most of the riots listed here are small in character. The causes, it will be seen, are very petty. In no other countries such petty causes will result in communal violence. Personal disputes soon acquire communal character.

This is of course result of widespread communal propaganda and law taking no serious notice of communal organizations. No action is ever taken against provocative newspaper articles or speeches by political leaders. Everyone thinks of nothing but votes and no one cares for the country and woes of the people. Even no concerted efforts are made to secularise police. Several RSS trained persons join police force and they show sympathy with majority community rioters.

Communal forces are aggressively exploiting religion for political ends and it appears there is silent consensus among all political parties (except of course left parties) including secular parties like Congress, Samajwadi Party, Mayawati’s BSP, Janta Dal (U) as well as Janta Dal (secular) to use communal sentiments for political purposes. Some symbolic noises are made against communalism but except left all want to benefit from religious and caste sentiments. It is dangerous game and very harmful to unity of the country in the long run. But who cares if you can capture power today?

Communal Violence (Prevention, Control And Rehabilitation Of Victims) Bill, 2005: A Critique

  [The Standing Committee (of the Home Ministry) on the Communal Violence (Prevention, Control And Rehabilitation Of Victims) Bill, 2005, headed by Sushma Swaraj had cleared the draft bill with trivial changes. The Govt of India had planned to place this bill in the last session of the Parliament, but could not do so. Its now slated to be placed in the monsoon session.The draft bill, as we all are aware, is fundamentally flawed. Various Human rights organizations, community organizations, leading advocates had strongly critcised the bill. Various suggestions were worked out and presented before the Union Home Minister last year. But it seems that all have come to nought. Adv Yusuf Muchhala (of the AIMPLB) has offered a detailed and reasoned a critique on the draft bill after the Standing committee had submitted the draft to the Govt. This is reproduced below.]     CRITIQUE OF THE COMMUNAL VIOLENCE       ( PREVENTION,CONTROL AND REHABILITATION OF VICTIMS       BILL,2005.) prepared Mr. Y. H. Muchhala, Senior Advocate.

  1. Recently an official Bill is introduced in Rajya Sabha known as the Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005 (For short, described as CVP Bill, 2005) It is indeed good news for all those who have been fighting against the evil of communal violence, which erupts in our country at regular intervals. 

Earlier, the Home Ministry had publicly circulated the Communal Violence / Prevention Bill of 2005. That Bill naturally provoked wide ranging debates and discussions. The following points/ concerns emerged out of such debates / discussions:

2. Now the Home Ministry has introduced an official Bill under caption “The Communal Violence / Prevention Control and Rehabilitation of Victims Bill, 2005� i.e. CVP Bill, 2005. 2.1 The introduction of the CVP Bill, 2005 in Rajya Sabha undoubtedly manifests the U. P. A. Government’s concern to prevent and suppress communal violence, which of notoriously occurs at intervals. Such action on the part of the Government is undoubtedly in consonance with the common minimum programme of U.P.A. Government.  But, the CVP Bill has many shortcomings. It is felt that the provisions of the CVP Bill, 2005 fall short of achieving the main objective of preventing and suppressing communal violence. It is therefore necessary to enlist those defects/shortcomings, which are as follows: -

 Section 1 Sub- Section (4)    The commencement of the Act in respect of the Union Territories is left to the Central Government and it can bring the Act into force on such date as the Central Government may by Notification in the Official Gazette appoint. So far as States are concerned, the scheme for commencement is such that only the provisions relating to relief and rehabilitation (excluding the provisions of suppression and prevention of communal violence) can be brought into force on such dates as Central Government may appoint by notification on the Official Gazette and different dates for different provisions may be specified for their commencement. \u003cdiv\>Therefore, on the passing of the Act, by the Parliament, none of the provisions will come into force as the application of its commencement will depend on the sweet will of the Central Government / State Government.\u003c/div\> \u003cdiv\>The Public demand is to have effective law with immediate effect and not adding one more law to adorn statutes. No country can have\n good Governance unless all the sections of its population feel safe and secure. Therefore since the UPA Government has promised good Governance, it is its duty to enact effective legislation with immediate effect which will prevent/suppress communal violence. The whole scheme of enforcement of the provisions of the Act displays lack of political will.\u003c/div\> \u003cdiv\>Secondly, it is difficult to understand why the implementation of the provisions of the prevention and suppression is left to the discretion of State Governments. It is presumed that the Government must have done some exercise to elicite response from different State Government on the provisions of the CVP Bill, 2005. It is the right of public to know that which state has shown willingness to implement/enforce the Act with immediate effect and which States have taken recalcitrant approach towards it. It is therefore necessary for the Central Government to inform the public as to which\n of the States are willing to implement/enforce the Act with immediate effect and which states are not so willing. \u003c/div\> \u003cdiv\>Without its proper enforcement the CVP Bill, 2005 is merely ‘a teasing illusion and a promise of unreality.’ It is a toothless tiger which cannot even roar.\u003c/div\> \u003cdiv\>2.2. Closely examining the scheme of the proposed law as disclosed in the CVP Bill, 2005 it is clear that the provisions of the Act will come into force only on the concerned State Government or the Central Government declaring a particular area in any State as “Disturbed Area�. In the event of the failure of the Centre nor the concerned State Government to make such declaration, none of the provisions of the Act (baring few exceptions) will come into operation. There is no provision in the CVP Bill,2005 making the State or the Central Government accountable / answerable for failing to make such declaration inspite of there being justification to do\n so. The CVP Bill, 2005 therefore does not answer or satisfy the main concern of the people that the communal violence erupts from time-to-time not because there are no sufficient provisions in the existing law to prevent or suppress communal violence, but there is no political will in our administrators / executors to take effective steps under the existing laws to prevent or suppress communal violence. This is a main lacuna in the CVP Bill, 2005. The maintenance of law and order is the primary responsibility of State. When there is complete break down of law and order, and complete disturbance of Public order and breach of Public peace and tranquility, the law must hold the State per se responsible for such situation and visit the State and its diverse actors with penalty and other civil and criminal consequences. It is common experience as is evident from diverse reports of the Commissions of Enquiry set up after communal violence in various\n parts of country (often headed by sitting or retired justices of High Courts and Supreme Court) that such break down of public order and disturbance of peace and tranquility occurred because of active complicity or sheer connivance or negligence of State actors. In short, the provisions of the Bill has no provisions to remedy this basic malaise.",1] ); //-->So far as the Prevention and Suppression of communal violence is concerned it is left to the State Government to bring the provisions in force on such date as it may appoint by notification in the Official Gazette. Therefore, on the passing of the Act, by the Parliament, none of the provisions will come into force as the application of its commencement will depend on the sweet will of the Central Government / State Government. The Public demand is to have effective law with immediate effect and not adding one more law to adorn statutes. No country can have good Governance unless all the sections of its population feel safe and secure. Therefore since the UPA Government has promised good Governance, it is its duty to enact effective legislation with immediate effect which will prevent/suppress communal violence. The whole scheme of enforcement of the provisions of the Act displays lack of political will. Secondly, it is difficult to understand why the implementation of the provisions of the prevention and suppression is left to the discretion of State Governments. It is presumed that the Government must have done some exercise to elicite response from different State Government on the provisions of the CVP Bill, 2005. It is the right of public to know that which state has shown willingness to implement/enforce the Act with immediate effect and which States have taken recalcitrant approach towards it. It is therefore necessary for the Central Government to inform the public as to which of the States are willing to implement/enforce the Act with immediate effect and which states are not so willing. Without its proper enforcement the CVP Bill, 2005 is merely ‘a teasing illusion and a promise of unreality.’ It is a toothless tiger which cannot even roar. 2.2. Closely examining the scheme of the proposed law as disclosed in the CVP Bill, 2005 it is clear that the provisions of the Act will come into force only on the concerned State Government or the Central Government declaring a particular area in any State as “Disturbed Area�. In the event of the failure of the Centre nor the concerned State Government to make such declaration, none of the provisions of the Act (baring few exceptions) will come into operation. There is no provision in the CVP Bill,2005 making the State or the Central Government accountable / answerable for failing to make such declaration inspite of there being justification to do so. The CVP Bill, 2005 therefore does not answer or satisfy the main concern of the people that the communal violence erupts from time-to-time not because there are no sufficient provisions in the existing law to prevent or suppress communal violence, but there is no political will in our administrators / executors to take effective steps under the existing laws to prevent or suppress communal violence. This is a main lacuna in the CVP Bill, 2005. The maintenance of law and order is the primary responsibility of State. When there is complete break down of law and order, and complete disturbance of Public order and breach of Public peace and tranquility, the law must hold the State per se responsible for such situation and visit the State and its diverse actors with penalty and other civil and criminal consequences. It is common experience as is evident from diverse reports of the Commissions of Enquiry set up after communal violence in various parts of country (often headed by sitting or retired justices of High Courts and Supreme Court) that such break down of public order and disturbance of peace and tranquility occurred because of active complicity or sheer connivance or negligence of State actors. In short, the provisions of the Bill has no provisions to remedy this basic malaise. \u003col\> \u003col type\u003d\"1\"\> \u003cli value\u003d\"3\"\>That in the event of a Communal Riots, the concerned authorities should be made answerable / accountable for none exercise of powers for preventing and/or controlling communal violence. The CVP Bill, 2005 makes inadequate provision for the same. \u003c/li\>\u003c/ol\>\u003c/ol\> \u003col\> \u003col type\u003d\"1\"\> \u003cli value\u003d\"4\"\>The CVP Bill, 2005 repeated the provisions relating to the stringent punishment for scheduled offences but ignored the criticism that since there was no political Will in the establishment to punish offenders under the existing law by merely enhancing punishment, the law will become counter\n productive.  \u003c/li\>\u003c/ol\>\u003c/ol\> \u003col\> \u003col type\u003d\"1\"\> \u003cli value\u003d\"5\"\>As regards the use of force by Police or Military / Paramilitary force to prevent or contain communal riots, the past experience has shown that such powers have invariably been used by such authorities against religious minorities and other marginalized sections of people like Dalits. There is no adequate provision in the Bill to make police or other paramilitary force accountable / answerable for excessive / malafide / bias / partisan use of force against religious minorities and other marginalized sections of people like dalits. Thus there is complete neglect of violation of Human Rights. \u003c/li\>\u003c/ol\>\u003c/ol\> \u003col\> \u003col type\u003d\"1\"\> \u003cli value\u003d\"6\"\>Clause 5 of the CVP Bill, 2005 under Chapter III invest District Magistrate with the powers to take preventive measures when there is an apprehension of breach of peace or creation of discord between members of different religious groups, it is provided that\n he may, by order in writing, prohibit any act which in his opinion is likely to cause apprehension in the minds of another community or caste or group that it is directed to intimidate, threaten or otherwise promote ill will against that community or caste or group. The power conferred upon the District Magistrate under the clause, if properly exercised, may be effective in defusing built up of communal tensions in an area which normally precedes a communal riot. ",1] ); //-->

  1.  
    1. That in the event of a Communal Riots, the concerned authorities should be made answerable / accountable for none exercise of powers for preventing and/or controlling communal violence. The CVP Bill, 2005 makes inadequate provision for the same.
  1.  
    1. The CVP Bill, 2005 repeated the provisions relating to the stringent punishment for scheduled offences but ignored the criticism that since there was no political Will in the establishment to punish offenders under the existing law by merely enhancing punishment, the law will become counter productive. 
  1.  
    1. As regards the use of force by Police or Military / Paramilitary force to prevent or contain communal riots, the past experience has shown that such powers have invariably been used by such authorities against religious minorities and other marginalized sections of people like Dalits. There is no adequate provision in the Bill to make police or other paramilitary force accountable / answerable for excessive / malafide / bias / partisan use of force against religious minorities and other marginalized sections of people like dalits. Thus there is complete neglect of violation of Human Rights.
  1.  
    1. Clause 5 of the CVP Bill, 2005 under Chapter III invest District Magistrate with the powers to take preventive measures when there is an apprehension of breach of peace or creation of discord between members of different religious groups, it is provided that he may, by order in writing, prohibit any act which in his opinion is likely to cause apprehension in the minds of another community or caste or group that it is directed to intimidate, threaten or otherwise promote ill will against that community or caste or group. The power conferred upon the District Magistrate under the clause, if properly exercised, may be effective in defusing built up of communal tensions in an area which normally precedes a communal riot. But there is no provision in the Bill providing for consequences for not obeying or defying such order. This defect should be remedied.\u003c/b\> \u003c/li\>\u003c/ol\>\u003c/ol\> \u003cdiv\>\u003cb\>\u003c/b\>\u003c/div\> \u003col\> \u003col type\u003d\"1\"\> \u003cli value\u003d\"7\"\>Clause 7 empowers the Competent Authority to direct any person or class of persons, or all persons, in a communally disturbed area, to deposit forthwith all arms, ammunition, explosives and corrosive substance, with the nearest police station. However, there is a proviso added to that\n clause stating that the Competent Authority may exempt any individual or class of individuals from the operation of such order. \u003cb\>The effect of proviso which gives unguided and un-controlled discretion to the Competent Authority to exempt “any individual� or “class of individual� from the operation of such order is to wipe out the effect of main provision of the Section. The CVP Bill, 2005 does not provide any guidelines to the Competent Authority as to when they should exempt any individual or class of individual from the operation of such order.\u003c/b\> \u003c/li\>\u003c/ol\>\u003c/ol\> \u003col\> \u003col type\u003d\"1\"\> \u003cli value\u003d\"8\"\>\u003cb\>Clause 10 of the CVP Bill, 2005 empowers the competent authority in a communally disturbed area to pass orders regarding the conduct of persons in communally disturbed area. This provision can also be selectively used against the interest of religious minorities and marginalized people like Dalits.\u003c/b\> \u003c/li\>\u003c/ol\>\u003c/ol\> \u003col\> \u003col type\u003d\"1\"\> \u003cli value\u003d\"9\"\>Clause 11\n of the CVP Bill, 2005 prohibits of loitering in, or in the vicinity of communally disturbed area. Any person may be ordered to leave it, by a police office, or any other person authorized in this behalf by the competent authority (which may even include a constable). Whoever contravenes the provision of this section without just and sufficient cause is liable to be punished with imprisonment of one year, with fine or with both.  \u003c/li\>\u003c/ol\>\u003c/ol\> \u003cdiv\>      \u003cb\>Selective application of these provisions may be or could be used against genuine social activists working in a communally disturbed area. This provision also can be selectively used against religious minorities and other marginalized sections of people like dalits.",1] ); //-->But there is no provision in the Bill providing for consequences for not obeying or defying such order. This defect should be remedied.
  1.  
    1. Clause 7 empowers the Competent Authority to direct any person or class of persons, or all persons, in a communally disturbed area, to deposit forthwith all arms, ammunition, explosives and corrosive substance, with the nearest police station. However, there is a proviso added to that clause stating that the Competent Authority may exempt any individual or class of individuals from the operation of such order. The effect of proviso which gives unguided and un-controlled discretion to the Competent Authority to exempt “any individual� or “class of individual� from the operation of such order is to wipe out the effect of main provision of the Section. The CVP Bill, 2005 does not provide any guidelines to the Competent Authority as to when they should exempt any individual or class of individual from the operation of such order.
  1.  
    1. Clause 10 of the CVP Bill, 2005 empowers the competent authority in a communally disturbed area to pass orders regarding the conduct of persons in communally disturbed area. This provision can also be selectively used against the interest of religious minorities and marginalized people like Dalits.
  1.  
    1. Clause 11 of the CVP Bill, 2005 prohibits of loitering in, or in the vicinity of communally disturbed area. Any person may be ordered to leave it, by a police office, or any other person authorized in this behalf by the competent authority (which may even include a constable). Whoever contravenes the provision of this section without just and sufficient cause is liable to be punished with imprisonment of one year, with fine or with both. 

      Selective application of these provisions may be or could be used against genuine social activists working in a communally disturbed area. This provision also can be selectively used against religious minorities and other marginalized sections of people like dalits. \u003c/div\> \u003col\> \u003col type\u003d\"1\"\> \u003cli value\u003d\"10\"\>\u003cb\>Clause 12 of the CVP Bill, 2005 provides for punishment for committing offences under the Act. This provision can be selectively applied against religious\n minorities and other marginalized sections of people like dalits.\u003c/b\> \u003c/li\>\u003c/ol\>\u003c/ol\> \u003col\> \u003col type\u003d\"1\"\> \u003cli value\u003d\"11\"\>\u003cb\>Clause 13 & 14 of the CVP Bill, 2005 provides for punishment for assisting an offender for the commission of offence under the act. This provision can be mischievously used against religious minorities and other marginalized sections of people like dalits to \u003cu\>prevent any financial aid to the riot victims.\u003c/u\>\u003c/b\> \u003c/li\>\u003c/ol\>\u003c/ol\> \u003col\> \u003col type\u003d\"1\"\> \u003cli value\u003d\"12\"\>\u003cb\>Clause 17 of the CVP Bill, 2005 is quite important which makes any public servant who exercises the lawful authority vested in him under the act in a malafide manner or willfully omits to exercise such authority vested under the act and thereby fails to prevent the commission of any communal violence, etc. with punishment up to three years or with fine or with both.  \u003cu\>However, no court can take cognizance of offence under Section except with previous sanction from the State\n Government.\u003c/u\> The State Government is required to disposed off every request for grant of sanction within 30 days from the date of the request.\u003c/b\> \u003c/li\>\u003c/ol\>\u003c/ol\> \u003cdiv\>The procedure for obtaining sanction from the State Government is quite unnecessary and for all practical purposes nullifies the effect of main provision of Clause 21. Experience has shown that the State Government is loath to grant sanction against the public officer for such prosecution. In the event of the State Government refusing the sanction there is no remedy available to the aggrieved persons to prosecute public servant for dereliction of his duties. Therefore, the remedy of prosecuting the delinquent public servant for willful dereliction of his duties or malafide exercise of his powers is quite illusory.\u003c/div\> \u003col\> \u003col type\u003d\"1\"\> \u003cli value\u003d\"13\"\>\u003cb\>Further, what is the remedy to riot victims against the State Government or Central Government for not declaring an area\n as communally disturbed area inspite of the fact that there was factual justification for making such declaration? In such event, the major provisions of the Act will not become operative. Therefore, unless State Governments and Central Government are not made accountable / answerable for their inaction in the matter, the whole exercise of enacting a toothless law is to throw dust into eyes of the people. The whole exercise is to provide base for concerned political parties to make hollow claim that they have fulfilled their electoral promise.",1] ); //-->

  1.  
    1. Clause 12 of the CVP Bill, 2005 provides for punishment for committing offences under the Act. This provision can be selectively applied against religious minorities and other marginalized sections of people like dalits.
  1.  
    1. Clause 13 & 14 of the CVP Bill, 2005 provides for punishment for assisting an offender for the commission of offence under the act. This provision can be mischievously used against religious minorities and other marginalized sections of people like dalits to prevent any financial aid to the riot victims.
  1.  
    1. Clause 17 of the CVP Bill, 2005 is quite important which makes any public servant who exercises the lawful authority vested in him under the act in a malafide manner or willfully omits to exercise such authority vested under the act and thereby fails to prevent the commission of any communal violence, etc. with punishment up to three years or with fine or with both.  However, no court can take cognizance of offence under Section except with previous sanction from the State Government. The State Government is required to disposed off every request for grant of sanction within 30 days from the date of the request.

The procedure for obtaining sanction from the State Government is quite unnecessary and for all practical purposes nullifies the effect of main provision of Clause 21. Experience has shown that the State Government is loath to grant sanction against the public officer for such prosecution. In the event of the State Government refusing the sanction there is no remedy available to the aggrieved persons to prosecute public servant for dereliction of his duties. Therefore, the remedy of prosecuting the delinquent public servant for willful dereliction of his duties or malafide exercise of his powers is quite illusory.

  1.  
    1. Further, what is the remedy to riot victims against the State Government or Central Government for not declaring an area as communally disturbed area inspite of the fact that there was factual justification for making such declaration? In such event, the major provisions of the Act will not become operative. Therefore, unless State Governments and Central Government are not made accountable / answerable for their inaction in the matter, the whole exercise of enacting a toothless law is to throw dust into eyes of the people. The whole exercise is to provide base for concerned political parties to make hollow claim that they have fulfilled their electoral promise. \u003c/li\>\u003c/ol\>\u003c/ol\> \u003col\> \u003col type\u003d\"1\"\> \u003cli value\u003d\"14\"\>Clause 18 of the CVP Bill, 2005 provides for punishment for violation of order under Section 144 of the Criminal Procedure Code. Again in this clause there is no mention of Clause 5 of the CVP Bill, 2005. Therefore, a person who contravenes the order made under Section 5 of the CVP Bill, 2005 cannot be prosecuted under this clause. \u003c/li\>\u003c/ol\>\u003c/ol\> \u003col\> \n \u003col type\u003d\"1\"\> \u003cli value\u003d\"15\"\>Clause 22 of the CVP Bill, 2005 provides for Review Committee to be constituted by the State Government. It will be headed by an Officer of the level of Inspector General of Police. There is an ambiguity about the number of persons who will constitute Review Committee and qualifications of such members. The Review Committee has power to order fresh investigation in case where charge sheet is not filed within three months from the date of the registration of the F. I. R. by any officer not below the rank of Dy. S. P. \u003c/li\>\u003c/ol\>\u003c/ol\> \u003cdiv\>\u003cb\>The Review Committee should be headed by the Officers with judicial experience and he need not be a Police Personnel.\u003c/b\> \u003c/div\> \u003cdiv\>\u003cb\>2.16 \u003c/b\> Clause 23 of the CVP Bill, 2005 provides for constitution of Special Investigation Team by the State Government. When the State Government satisfied that the investigation of offences committed in any communally disturbed area were not\n carried out properly in a fair and partial manner, it may constitute Special Investigation Team. \u003cb\>It is experienced in Gujarat and Mumbai riots that inspite of enormous evidence available to show that investigation in riot related cases neither fair nor partial, the State Governments turned Nelson’s eyes to the same. The political parties in power act in such situation on political considerations. They are reluctant to have fair and impartial investigation to avoid political embarrassment or to shield their rank and file or their political ‘supports and sympathies.\u003c/b\>\u003c/div\> \u003cdiv\>\u003cb\>2.17 Chapter IX of the CVP Bill, 2005 contains clauses 49 to 52, which provide for funds for relief and rehabilitation. There is criticism about the constitution of relief and rehabilitation Councils as per the provisions of the Bill. The effectiveness of such Councils is doubted on the ground that the Council will comprise of members who will be the Government\n nominees. It is apprehended that such Government nominees do not take effective steps of relief and rehabilitation of riot victims. Further it is the State duty to provide adequate relief and rehabilitation to riot victims. Anti national and anti social elements who spread communal violence must be made to realize that the cost of rehabilitation and relief has to be born by the Society. It is suggested that the entire issue of rehabilitation and relief be dealt with in a separate enactment and should not be made part of the same enactment.",1] ); //-->
  1.  
    1. Clause 18 of the CVP Bill, 2005 provides for punishment for violation of order under Section 144 of the Criminal Procedure Code. Again in this clause there is no mention of Clause 5 of the CVP Bill, 2005. Therefore, a person who contravenes the order made under Section 5 of the CVP Bill, 2005 cannot be prosecuted under this clause.
  1.  
    1. Clause 22 of the CVP Bill, 2005 provides for Review Committee to be constituted by the State Government. It will be headed by an Officer of the level of Inspector General of Police. There is an ambiguity about the number of persons who will constitute Review Committee and qualifications of such members. The Review Committee has power to order fresh investigation in case where charge sheet is not filed within three months from the date of the registration of the F. I. R. by any officer not below the rank of Dy. S. P.

The Review Committee should be headed by the Officers with judicial experience and he need not be a Police Personnel. 2.16  Clause 23 of the CVP Bill, 2005 provides for constitution of Special Investigation Team by the State Government. When the State Government satisfied that the investigation of offences committed in any communally disturbed area were not carried out properly in a fair and partial manner, it may constitute Special Investigation Team. It is experienced in Gujarat and Mumbai riots that inspite of enormous evidence available to show that investigation in riot related cases neither fair nor partial, the State Governments turned Nelson’s eyes to the same. The political parties in power act in such situation on political considerations. They are reluctant to have fair and impartial investigation to avoid political embarrassment or to shield their rank and file or their political ‘supports and sympathies. 2.17 Chapter IX of the CVP Bill, 2005 contains clauses 49 to 52, which provide for funds for relief and rehabilitation. There is criticism about the constitution of relief and rehabilitation Councils as per the provisions of the Bill. The effectiveness of such Councils is doubted on the ground that the Council will comprise of members who will be the Government nominees. It is apprehended that such Government nominees do not take effective steps of relief and rehabilitation of riot victims. Further it is the State duty to provide adequate relief and rehabilitation to riot victims. Anti national and anti social elements who spread communal violence must be made to realize that the cost of rehabilitation and relief has to be born by the Society. It is suggested that the entire issue of rehabilitation and relief be dealt with in a separate enactment and should not be made part of the same enactment. \u003c/div\> \u003cdiv\>\u003cb\>2.18 Chapter X of CVP Bill, 2005 deals with compensation to victims. Clause 53 provides for giving compensation to riot victims. It is illusory relief to them. Clause makes it clear that the compensation is required to be paid by \u003cu\>the person who is convicted of offence punishable under this act.\u003c/u\> \u003c/b\> \u003c/div\> \u003cdiv\>\u003cb\>In the first place, it is the past experience of\n the Communal Riots that very few   individuals are convicted of offences committed during the communal riots. Secondly, people  from very low economic strata are charged with commission of such crimes and even if they are convicted they have no means to compensate riot victims. The main lacuna in a whole act that it does no go after the people or organization who actually conspire and plan riots. Justice Srikrishna Commission Report indicted Bal Thackery who acted as vet rant general conducting riots but Bal Thackery was not present at any scene of communal violence  and was not shown as accused in any of the riot related cases involving burning, looting of properties or physical harm or death of riot victims. Unless and until we have some effective legislation which makes responsible any organization be it the political, social, community based or otherwise for  providing compensation to the riot victims making made the\n entire ‘enterprise’ of creating riots as loss making, the objective of preventing recurrence of communal riots cannot be achieved. The bill lacks such provisions. \u003c/b\> \u003c/div\> \u003cdiv\>\u003cb\>2.19 \u003cu\>NATIONAL COUNCIL:\u003c/u\>\u003c/b\> \u003c/div\> \u003cdiv\>Chapter VIII contemplates the formation of National Communal Disturbance Relief and Rehabilitation Council consisting of not more than 11 members. The members of the National Council will be the acting beaureucrats and Government Nominees mentioned in clause 45. It merely performs the advisory role. It has to submit its reports periodically to the Central Government.\u003c/div\> \u003cdiv\>The constitution of such Council is absolutely redundant as none of its advice is binding on the concerned Governments. It hardly ever achieves the purpose for which it is set.",1] ); //--> 2.18 Chapter X of CVP Bill, 2005 deals with compensation to victims. Clause 53 provides for giving compensation to riot victims. It is illusory relief to them. Clause makes it clear that the compensation is required to be paid by the person who is convicted of offence punishable under this act.  In the first place, it is the past experience of the Communal Riots that very few   individuals are convicted of offences committed during the communal riots. Secondly, people  from very low economic strata are charged with commission of such crimes and even if they are convicted they have no means to compensate riot victims. The main lacuna in a whole act that it does no go after the people or organization who actually conspire and plan riots. Justice Srikrishna Commission Report indicted Bal Thackery who acted as vet rant general conducting riots but Bal Thackery was not present at any scene of communal violence  and was not shown as accused in any of the riot related cases involving burning, looting of properties or physical harm or death of riot victims. Unless and until we have some effective legislation which makes responsible any organization be it the political, social, community based or otherwise for  providing compensation to the riot victims making made the entire ‘enterprise’ of creating riots as loss making, the objective of preventing recurrence of communal riots cannot be achieved. The bill lacks such provisions.  2.19 NATIONAL COUNCIL: Chapter VIII contemplates the formation of National Communal Disturbance Relief and Rehabilitation Council consisting of not more than 11 members. The members of the National Council will be the acting beaureucrats and Government Nominees mentioned in clause 45. It merely performs the advisory role. It has to submit its reports periodically to the Central Government. The constitution of such Council is absolutely redundant as none of its advice is binding on the concerned Governments. It hardly ever achieves the purpose for which it is set. \u003cdiv\>Secondly, the National Council should comprise of independent persons who may be selected on the basis of their integrity and non communal outlook. It has to be\n ensured that such Council acts as Independent Autonomous body, not succumbing to any kind of pressure of the concerned Government. The Provisions of the Bill falls far short of the desired objectives.\u003c/div\> \u003cdiv\>A few Suggestions:\u003c/div\> \u003cdiv\>(A) The need to have a special law providing for suppression of communal violence on an all India basis can hardly be exaggerated. One need not take a cynical view of the Bill and reject it in toto on the specious grounds that existing laws are sufficient to meet ugly situations of communal flare ups. One has to take a balanced approach towards the bill. From the public debates and discussions some constructive suggestions have also emerged which are as under :-\u003c/div\> \u003col type\u003d\"i\"\> \u003cli\>To seize this opportunity and treat the communal riots on par with Genocide as per the provisions of Genocide Convention of 1948 to which India acceded in 1949. \u003c/li\>\u003c/ol\> \u003col type\u003d\"i\"\> \u003cli value\u003d\"2\"\>\u003cb\>In this connection it is\n useful to refer to the treatment meted out to the subject of genocide by Ireland, Germany etc. The legislations drafted by some countries (as available on internet) are annexed herein.\u003c/b\> \u003c/li\>\u003c/ol\> \u003col type\u003d\"i\"\> \u003cli value\u003d\"3\"\>\u003cb\>It is high time that the occurrence of communal violence within jurisdictional area of any police station disrupting the ordinary tempo of life therein should be ground enough to apply \u003cu\>the doctrine of Res ipsa \u003c/u\>loquiter and the dereliction of duty by such officers should be declared as criminal offence for which all the higher police officials of the area could be charged criminally. In addition to that the police manuals / conditions of service of police be suitably amended to provide that happening of any such event within jurisdictional area of any police / administrative officers whose duty is to maintain public tranquility and avoidance of public disorder be made the grounds for disciplinary action for immediate suspension and\n ultimate dismissal from the service. Even for departmental disciplinary proceedings doctrine of Res ipsa loquiter should be applied against the errant public servants.",1] ); //--> Secondly, the National Council should comprise of independent persons who may be selected on the basis of their integrity and non communal outlook. It has to be ensured that such Council acts as Independent Autonomous body, not succumbing to any kind of pressure of the concerned Government. The Provisions of the Bill falls far short of the desired objectives. A few Suggestions: (A) The need to have a special law providing for suppression of communal violence on an all India basis can hardly be exaggerated. One need not take a cynical view of the Bill and reject it in toto on the specious grounds that existing laws are sufficient to meet ugly situations of communal flare ups. One has to take a balanced approach towards the bill. From the public debates and discussions some constructive suggestions have also emerged which are as under :-

  1. To seize this opportunity and treat the communal riots on par with Genocide as per the provisions of Genocide Convention of 1948 to which India acceded in 1949.
  1. In this connection it is useful to refer to the treatment meted out to the subject of genocide by Ireland, Germany etc. The legislations drafted by some countries (as available on internet) are annexed herein.
  1. It is high time that the occurrence of communal violence within jurisdictional area of any police station disrupting the ordinary tempo of life therein should be ground enough to apply the doctrine of Res ipsa loquiter and the dereliction of duty by such officers should be declared as criminal offence for which all the higher police officials of the area could be charged criminally. In addition to that the police manuals / conditions of service of police be suitably amended to provide that happening of any such event within jurisdictional area of any police / administrative officers whose duty is to maintain public tranquility and avoidance of public disorder be made the grounds for disciplinary action for immediate suspension and ultimate dismissal from the service. Even for departmental disciplinary proceedings doctrine of Res ipsa loquiter should be applied against the errant public servants. \u003c/li\>\u003c/ol\> \u003col type\u003d\"i\"\> \u003cli value\u003d\"4\"\>\u003cb\>The Bill should be amended to introduce the vicarious criminal responsibility in the matter of abuse of powers by inferior / subordinate officers and concept of command responsibility be enacted to rope in the administrative and police officers of higher echelon including their political masters being the minister in charge of portfolios relating to maintenance of public order / tranquility and safety of public and private property. In short, the failure of a Policeman, Bureaucrats or Minister to take all the necessary and reasonable measures within his / her power to prevent / repress the commission of mass violence must render individual concerned liable for prosecution and exemplary punishment. \u003c/b\>\u003c/li\>\u003c/ol\> \u003cdiv\>\u003cb\>(B) It is necessary to define\n what is the dereliction of duty by public servant or the State or the State instrumentality? The concept of dereliction of duty must be unambiguously set out in the proposed Bill.\u003c/b\> \u003c/div\> \u003cdiv\>(C) An independent and impartial Enquiry Commission and State Security cum Administration Commission should be set up to examine the cases of dereliction of duties by the State or State instrumentalities of public servants in the matter of preventing or containing / controlling the communal riots and such Enquiry Commission should be invested with adequate powers to investigate into complaints of dereliction of duties by the State / State machineries / instrumentalities / public servants and the State should make available investigating agencies to such Commission.\u003c/div\> \u003cdiv\>\u003cb\>(D) The proposed Bill must incorporate the concept of State responsibility to compensate riot victims. It should not be left merely to the offenders to compensate riot\n victims. The responsibilities to compensate riot victims of any communal violence is recognized in several foreign jurisdictions like New Zealand in 1963, Britain in 1964 and subsequently Canada, Northen Irland, USA and Australia also enacted laws to compensate riot victims.   The American Jurisprudence, 11",1] ); //-->
  1. The Bill should be amended to introduce the vicarious criminal responsibility in the matter of abuse of powers by inferior / subordinate officers and concept of command responsibility be enacted to rope in the administrative and police officers of higher echelon including their political masters being the minister in charge of portfolios relating to maintenance of public order / tranquility and safety of public and private property. In short, the failure of a Policeman, Bureaucrats or Minister to take all the necessary and reasonable measures within his / her power to prevent / repress the commission of mass violence must render individual concerned liable for prosecution and exemplary punishment.

(B) It is necessary to define what is the dereliction of duty by public servant or the State or the State instrumentality? The concept of dereliction of duty must be unambiguously set out in the proposed Bill. (C) An independent and impartial Enquiry Commission and State Security cum Administration Commission should be set up to examine the cases of dereliction of duties by the State or State instrumentalities of public servants in the matter of preventing or containing / controlling the communal riots and such Enquiry Commission should be invested with adequate powers to investigate into complaints of dereliction of duties by the State / State machineries / instrumentalities / public servants and the State should make available investigating agencies to such Commission. (D) The proposed Bill must incorporate the concept of State responsibility to compensate riot victims. It should not be left merely to the offenders to compensate riot victims. The responsibilities to compensate riot victims of any communal violence is recognized in several foreign jurisdictions like New Zealand in 1963, Britain in 1964 and subsequently Canada, Northen Irland, USA and Australia also enacted laws to compensate riot victims.   The American Jurisprudence, 11\u003csup\>\u003cb\>th\u003c/b\>\u003c/sup\>\u003cb\> Edition – Vol. 54 has the following passage:-\u003c/b\> \u003c/div\> \u003cdiv\>                  “In many jurisdictions, Municipal Corporations     are made liable by statute for injury to persons     or property resulting from the acts of mobs.     \u003c/div\> \u003cdiv\>            Those statutes are in recognition of public duty    entrusted by the State to the Municipality and    other such division to\n preserve peace and order   and to protect lives and property.�\u003c/div\> \u003cdiv\>The 6\u003csup\>th\u003c/sup\> Report (1981) of the National Police Commission also observed; “it is the duty of the administration to compensate to those unfortunate (sufferers of communal riots) for the loss and sufferings by them and to assist them in their rehabilitation.� \u003c/div\> \u003cdiv\>This opportunity must be seized to implement recommendations made by the  National Human Rights Commission in its various Reports submitted to the Government. \u003c/div\> \u003cdiv\> \u003c/div\>\n\u003cspan width\u003d\"1\" style\u003d\"color:white\"\>__._,_.___\u003c/span\>\n\n\n\n\n \u003cimg width\u003d\"1\" height\u003d\"1\"\> \u003cbr\>\n\n\n\n \n\n\n \u003cbr\>\u003cbr\>\n \u003cdiv style\u003d\"width:500px;text-align:right;margin-bottom:1px;color:#909090\"\>\n \u003ctt\>SPONSORED LINKS\u003c/tt\>\n \u003c/div\>\n \u003ctable bgcolor\u003d\"#e0ecee\" cellspacing\u003d\"13\" cellpadding\u003d\"0\" width\u003d\"500px\"\> \n \u003ctr valign\u003d\"top\"\>\n \u003ctd style\u003d\"width:25%\"\>\n \u003ctt\>\u003ca href\u003d\"http://groups.yahoo.com/gads;_ylc\u003dX3oDMTJkdHN2NHV1BF9TAzk3NDc2NTkwBF9wAzEEZ3JwSWQDMTA3MDc2OTYEZ3Jwc3BJZAMxNzA1NDQ0NTI1BHNlYwNzbG1vZARzdGltZQMxMTc2MjkwMzg0?t\u003dms&k\u003dCall+india&w1\u003dCall+india&w2\u003dIndia+visa&w3\u003dIndia+travel&w4\u003dIndia+offshore+outsourcing&w5\u003dIndia+calling+card&c\u003d5&s\u003d106&g\u003d0&.sig\u003driNWkjev24Ed_cLA49PWag\" target\u003d\"_blank\" onclick\u003d\"return top.js.OpenExtLink(window,event,this)\"\>Call india\u003c/a\>\u003c/tt\>\n \u003c/td\>\n \u003ctd style\u003d\"width:25%\"\>\n \u003ctt\>\u003ca href\u003d\"http://groups.yahoo.com/gads;_ylc\u003dX3oDMTJkMHVmZ3JhBF9TAzk3NDc2NTkwBF9wAzIEZ3JwSWQDMTA3MDc2OTYEZ3Jwc3BJZAMxNzA1NDQ0NTI1BHNlYwNzbG1vZARzdGltZQMxMTc2MjkwMzg0?t\u003dms&k\u003dIndia+visa&w1\u003dCall+india&w2\u003dIndia+visa&w3\u003dIndia+travel&w4\u003dIndia+offshore+outsourcing&w5\u003dIndia+calling+card&c\u003d5&s\u003d106&g\u003d0&.sig\u003d3b5p2dv8hzTD6DChskystg\" target\u003d\"_blank\" onclick\u003d\"return top.js.OpenExtLink(window,event,this)\"\>",1] ); //-->th Edition – Vol. 54 has the following passage:-                   “In many jurisdictions, Municipal Corporations     are made liable by statute for injury to persons     or property resulting from the acts of mobs.                  Those statutes are in recognition of public duty    entrusted by the State to the Municipality and    other such division to preserve peace and order   and to protect lives and property.� The 6th Report (1981) of the National Police Commission also observed; “it is the duty of the administration to compensate to those unfortunate (sufferers of communal riots) for the loss and sufferings by them and to assist them in their rehabilitation.� This opportunity must be seized to implement recommendations made by the  National Human Rights Commission in its various Reports submitted to the Government.

Goa Riot in 2006

Riots were politically planned: report

BY HERALD REPORTER
PANJIM, APRIL 6 � The All India Milli Council (AIMC) today released a “fact finding report� on the violence at Curchorem-Savordem which mentions that “the attack on the Guddemol mosque on the night of March 2-3 and the violence against the Muslim community living in Curchorem, Savordem and Guddemol, was part of a well planned strategy by political forces to communalise Goan society.�
The AIMC appointed a 4 member team headed by SC human rights lawyer, Nandita Haksar to investigate into the violence.
Addressing a press conference in the city Haksar said that the report “was to try to probe the root causes of communal violence.�
The report covers the rise of communal politics in Goa, human rights violations of Muslims in Goa, the mosques at Socorro and Ekta Nagar, Mapusa.
With reference to the speeches made by the BJP party members, the report mentions “that the BJP members including the ex-CM Manohar Parrikar and the local MLA Ramrao Desai continue to spread the disinformation not only about the actual incident but about Muslims in general. They are fuelling hatred and anger against the Muslims by telling blatant lies, spreading false rumours and making defamatory statements.�
Referring to Parrikar’s speech on March 4, 2006, it mentions that “the former CM did not attempt to console the Muslims and his speech sent out the message that people responsible for the violence are the victims themselves.�
On the role of the administration during the violence, Haksar and her team mentioned that “the civil administration has not acted with the responsibility that is expected of them. It is true that the police did offer protection to Muslims gathered inside the Curchorem mosque when the violence started. However they failed to protect the property of the Muslims.�
Further, the report mentions that “the Congress party has no programme for countering the communalism and many of its MLAs and members are former members of the BJP. �
Haksar and her team have recommended that “the government must bring out a white paper telling the people the truth about the communal violence in Savordem-Curchorem.� Further “the government must have a programme against communalism and initiate a public debate on the issue of outsiders.�
The other recommendations are that “the Muslims of Guddemol must be allowed to offer namaz which has been stopped by the local police and must be provided with land (which they will purchase) to build a mosque so that they can exercise their right to freedom of religion.� The recommendations have been submitted to the AIMC which will submit it to the government, Haksar said.
The team appointed include editor of Lankesh Times Kannada weekly Bangalore, Gauri Lankesh, radio journalist, New Delhi, Vinod K Jose, and editor of Guide magazine, Bangalore, Bilidale Eesha.
Also present was Iqbal Mohidin, member of the AIMC, Goa State.

Gujarat in 2005 : Harsh Mander

Here is my second update from Gujarat. I have tried to capture in it a mosaic of just a few images and voices that make up this troubled state. An edited version of this appeared in the Times of India.

Blowing in the Wind:
Voices from Wounded Gujarat
By Harsh Mander

In a tribal village Tejgarh in rural Vadodara in Gujarat, economic boycott continues vigorously against the petty local Muslim traders even today. While destroying their small shops in 2002, a spreading neem tree under which some of the shops had sheltered for generations was also burnt down. Arjun, a young adivasi teacher of literature writes a poignant requiem to the fallen mighty neem, ‘You were like the adivasi: steadfast of character and generous of spirit.’ In an analogy to the violence by adivasis in 2002, he goes on, ‘It was not you who destroyed the shops of the Muslims. You were set aflame yourself, and fell unknowingly of the shops that stood in your shade.’ He adds, ‘I grieved as you burnt, but did nothing to douse your fires. Just like the intellectuals of my Gujarat’.

Meanwhile, ordinary survivors cope bravely with the unending catastrophe of a hostile government and divided people. An auto rickshaw driver Munnabhai recounts his encounter with a beautiful young woman, who asks him to drive her anywhere, do what he likes with her, but give her some money. On persistent probing, she confides that she was widowed by the massacre in 2002, and did not know how else to feed her three children. The driver, himself a victim of the carnage, gives her all the money he has, and weeps a little as he drives her home.

Sharief’s eyes also well over briefly as he recalls the tribulations of his family while starting life afresh after they lost their home and loved ones in the massacre of 2002 in Naroda Patia in Ahmedabad. ‘If there is one man who is most responsible for our recovery, it is the owner of the factory in which my father works. Right from the months that we were at the relief camp, the Hindu seth ensured that my father got his salary every month. He kept his factory job vacant, and took him back as soon as we moved out from the camp, unlike thousands of other Muslims who were retrenched. He gave him loans to rebuild our home, and said- don’t bother if you cannot repay.’

Such stories are untold but abound in Gujarat. Yet simultaneously the recent dramatic victory in three quarters of the seats by the BJP in the recent municipal elections in Ahmedabad confirms the emergence of Modi as a modern folk hero for the adoring middle classes, testifying to a terrifying ever widening engineered communal chasm. But many bewildered Muslim residents say, ‘We ourselves worked against the Congress. What could we do when it put up candidates who had led the murdering mobs in 2002.’

Just beyond the glitter of commerce and festivities in the city, one constantly hits against astounding hate. Overheard at a petrol pump at Gandhinagar is a Gujarati yuppie on a mobile phone to his friend, commenting on the recent earthquake, ‘Good that the world is burdened by 30,000 less Muslims.’

As appalling is a conversation among doctors in the most upmarket hospital in the city, ‘In riots, I have noticed that Muslims come in with superficial wounds, because Hindus do not know how to kill. By contrast, Hindus come in with deadly wounds: the knife is inserted, and twisted with deadly impact’. I protest that if this is indeed the case, how come official commissions of enquiry into riots from Independence consistently show that more than 70 percent of those killed in riots are Muslims? But the doctor angrily dismisses this as one more pseudo-secular canard.

The mood is similarly drenched in hatred in many affected villages. In Mogha in Kheda, for instance, statues have been erected for two ‘martyrs’ of Hindutva, killed in the 2002 carnage. You explore further, and find that they were killed several days after all the Muslims of the village were driven out. The story is that they were probably looting within a Muslim home whose residents had fled, and unknowingly a mob meanwhile set the house on fire. They were killed because they could not escape. Yet today, every marriage procession and religious yatra in the village makes a detour to these two statues to pay homage to the ‘shaheeds’.

A gentle ageing science professor in Vadodara, whose house was burnt in 2002, is still struggling to come to terms with the loneliness of betrayal. ‘My Hindu friends tell me that they like me a lot, because I am almost like a Hindu. They do not understand why their saying this causes me even more hurt. The Muslims also feel angry when I say that we must also search our hearts. I love my faith, but we should not believe that ours is the only path to paradise. I ask my Muslim friends whether Gandhiji would have entry to our paradise. And I tell them that if he would not, I want no part in a paradise that does not admit Gandhiji’.

Speaking to a group of community human rights workers, Girish Patel, probably the finest rights activist in Gujarat recalls the response of Socrates when he was asked, ‘How long will injustice persist in this world?’ He replied that injustice will last as long as the person who does not suffer injustice, does not feel the same anguish and anger as the person who suffers injustice.

By that measure, I wonder how long injustice will persist in our Gujarat. The answer, as they say, is blowing in the wind.

Gujarat Riots 2002

report from Amnesty International

AI report

Tracking the trials:
Number of criminal cases sent out side Gujarat for trial: 13
Number of criminal cases pending in courts in Gujarat: 4,252
Criminal cases in which charge sheet filed: 2,037
Closed cases due to lack of evidence: 2,032
Closed cases reopened after Supreme Court order: 2,000
Reopened cases in which new arrests made: 830
Reopened cases in which charge sheet filed: 59
New cases registered based on investigation of old cases: 15
Departmental action initiated against investigating/supervisory officers: 114
Murder cases in which 10 or more killed: 11
Rape cases: 43
Cases of looting and arson: 3,800
Cases in which convictions made: 13

[Source: The Milli Gazette, 1-15 Jan 2008]

Hajj operation in India 2006

This report is released by Press Information Bureau in December 2006

Since 1954, Air India has been operating Haj charter flights on Bombay-Jeddah-Bombay sector. Initially Air India had been using Boeing 707 aircraft. In 1979, in order to cope with the increasing demand of Haj pilgrims. Boeing 747 aircraft were deployed alongwith 707s. There has been steady escalation in the number of pilgrims being carried. In 1975, Air India had carried 1550 pilgrims whereas in 1988 Air India carried a total number of 20,114 pilgrims. Until 1982 Haj charters were operated only on Bombay-Jeddah-Bombay sector. From 1983, Delhi was also introduced in addition to Bombay as a second point in India . In 1987, Madras was also added to the list. In 1987, Air India also made arrangements with Indian Airlines to operate additional flights to accommodate pilgrims by air on the Srinagar-Delhi-Srinagar sector to connect at Delhi with international flights. Commencing from 1984, Saudia, the national carrier of Saudi Arabia, also started sharing Haj charter traffic on 50:50 basis with Air India.

It would be observed from the above that in the past, Haj pilgrims used to travel to Jeddah and back both by Ship and Air. Pursuant to a decision of the Cabinet the Haj sailings have been discontinued since 1995 and Haj movement started to take place by air. The pilgrims go to Jeddah for Haj either through Central Haj Committee (CHC) or on their own by commercial flights. It is only since 1993 that aircraft were chartered from international airlines to provide transport for Haj pilgrims. All pilgrims now travel to/from Jeddah by Air.

MEA is the administrative Ministry of Haj Affairs. The statutory responsibility of making arrangements for transporting Haj pilgrims by any mode including by air is of the Central Haj Committee (CHC).

Ministry of Civil Aviation/Air India was the nodal agency handing the movement of Indian pilgrims to/from Saudi Arabia upto 1995. Pursuance to a Cabinet decision dated 1st September 1995, the Central Haj Committee was made the nodal agency for the air charter negotiations for Haj 1996 operations. However, this experience was not happy. Accordingly, on 24.9.1996, the Cabinet restored the earlier procedure for Haj 1997 viz air charter negotiations be conducted, contract signed and implemented by Air India rather than CHC. Meaning Air India was made the nodal agency again. The Cabinet also decided that the representatives of Central Haj Committee, Ministry of External Affairs, Ministry of Civil Aviation and Director General of Civil Aviation should be associated with the air charter negotiations.

Accordingly, a procedure has evolved under which Air India makes arrangements for chartering aircraft for carrying Haj Committee pilgrims from various gateways points in India to Jeddah and back in consultation with the representatives of CHC, MEA & DGCA.

In May 2000, Supreme Court passed a Judgement that the Haj Committee shall function under the direct supervision and control of Foreign Secretary(FS) and none of its decision would be given effect to unless approved by FS himself.

In June 2002, the Parliament passed the Haj Committee Act, 2002 (No. 35 of 2002) to establish a Haj Committee of India and State Haj Committee for making arrangements for the pilgrimage of Muslims for Haj, and for matters connected therewith. As per Section 9(1) (iv) of this Act, the duties of Haj Committee include the duty to finalize the annual plan with the approval of the Central Government, and execute the plan, including the arrangements for travel by air or any other means, and to advise in matters relating to accommodations. Section 9(1) (vi) says the duty to co-ordinate with the Central Government, railways, airways and travel agencies for the purpose of securing traveling facilities for pilgrims.

The number of Haj pilgrims has gradually increased – 31,000 in 1995; 50,347 in 1996 to 63,648 in 1998. The pilgrims quota fixed by MEA remain at 72,000 during last five years. However, the quota for haj – 2005 has been increased from 72,000 to 82,000. Actual number of pilgrims carried by air during last five years is given below:-

Year No.of Pilgrims

2000 71924

2001 71215

2002 70298

2003 70019

2004 71945

2005 80786

2006 99926

Gradual Increase in haj subsidy

Fare charged for the Haj round trip and the subsidy given per passenger are as under:-
Hajj subsidy over the years

Year Fare payable to Carrier per person Fare paid by each pilgrim Subsidy per pilgrim

1991 14056 10000 4056
1992 15300 10500 4800
1993 18000 11000 7000
1994 17000 12000 5000
1995 17500 12000 5500
1996 19403 12000 7403
1997 26,600 12000 14600
1998 29405 12000 17405
1999 27855 12000 15855
2000 29328 12000 17328
2001 34000* 12000 *22000
2002 36609* 12000 *24609
2003 36504* 12000 *24504
2004 34240* 12000 *22240
2005 34240* 12000 *22240
2006 40,000* 12000 *28000
*Provisional [source: Ministry of External Affairs, 2006

Increase in Charter cost and reasons thereof

Prior to 1993, the Haj operations were undertaken by AI/IA with their own aircraft. This resulted in cancellation of scheduled flights and loss of revenue and goodwill of airlines. Therefore from 1993 onwards (except 1997) the haj operations were undertaken with wet leased aircraft. Haj operations involve a heavy volume of traffic in a limited time period every year. It is not economical to have dedicated aircraft devoted only to haj operations. Aircraft is very costly equipment and its economic viability depends on its optimal utilization. Aircraft cannot be purchased and kept specifically for undertaking limited haj operations because of being expensive as compared to cost of chartering. In 1997 AI undertook haj operations with its own aircraft. This led to massive cancellation/reduction of its services, which was criticized in the media, parliament and industry and trade. Consequently, it was decided that in future the disruption of Air India’s scheduled flight should be avoided and Haj operations be undertaken with chartered aircraft.

In Haj operations, the aircraft that transport the passenger to Jeddah returns empty. Similarly, on the return journey from Jeddah, the passenger traffic is again one way. This doubles the cost of operation. Hence the charter operations became more expensive. The scheduled operators can afford to keep the fares by transporting the passengers on the aircraft both ways. Also the air service operations by scheduled airlines have a different fare structure from the haj operation costs since these are part of their larger network operations. Haj charter operations are specifically meant for this purpose and are a dedicated task undertaken only for this purpose.

Elements of cost of operations are as under:-

Cost of ACMI (Aircraft, Crew, Maintenance and Insurance) and fuel charged by charter operator for aircraft and its operating and cabin crew etc.
Other Operational Costs:-

This includes landing, handling, navigation, passenger insurance, catering on ground/on board, give away, staff hotel plus allowance, Royalty to Saudia, Cost of borrowing and cost of hub and spoke operations.

Other Hidden Cost of AI:

Several hidden costs not recovered by Air India from Government or Haj Committee relate to the working of various officers round the year basis only on haj matters and expenses incurred on them and on the correspondence and floating of global tender by Air India.

Cost since 2001:

Since 2001, the Haj operations are being undertaken by Air India & Indian Airlines in association with Saudi Arabian Airlines (SAA). Since SAA have been participating in the Haj operations and carrying a large number of pilgrims from India to Jeddah and back (from 4 embarkation points), @ USD 700 per pilgrims for the last 2-3 years, bids were not called for chartering of aircrafts for Haj operations. As SAA charges USD 700 as fare and USD 10 as insurance surcharge for each return seat, Air India is also charging the same but they are being paid US$ 770 per pilgrims for farther stations like Chennai and Kolkata apart from US $ 770 per pilgrim for Insurance Surcharge. Air India is also being paid additional cost on actual basis for the pilgrims from Srinagar and Lucknow.

6.Recommendations for progressive reduction and eventual elimination of haj subsidy.

Recommendation of Standing for External Affairs:- The Government should progressively reduce and eventually eliminate subsidy on their transportation to and from India.

Recommendation of Parliamentary Standing Committee on Transport and Tourism:- The committee feels that it is huge amount and it should be withdrawn in phases.

Recommendation of Expenditure Reforms Commission (10th Report):- Pending finalization of the modalities of phasing out subsidy, action should be taken to freeze the subsidy at present level, by limiting a number of persons to be covered as also the subsidy on the charter fares at the present level.

7. Government decision about Haj 2004

In view of the aforesaid recommendations, the Ministry of Civil Aviation has been making proposal for phased reduction of haj subsidy. In its meeting held on 11th Sept. 2003, the following proposals were approved by the Government:-

The subsidized Haj fare to be permitted for each pilgrim only once in his/her life time from Haj 2004 onwards;

No Income Tax payers is allowed to avail of the subsidized far from Haj 2004 onwards. Only those pilgrims who live in the accommodation provided by Haj Committee would be eligible for the subsidized fare.

The subsidized fare would be kept at the existing level of Rs. 12,000 for Haj 2004 and the subsidy may be reduced in a phased manner in subsequent years.

Cabinet has also directed that an affidavit be obtained from the pilgrims to the effect that they have not availed the subsidized Haj fare earlier and that they are not income tax payee.

A large number of representations were received by the Government to withdraw the revised guidelines. Haj Committee also requested in its letter dated 9.10.2003 addressed to MEA, to defer the implementation of the part of the Government’s decision relating to exclusion of Income Tax payers, persons performing haj through CHC second time and pilgrims availing exemptions from reserved accommodation Scheme from the benefit of subsidized air fare. The Government considered the above matter and decided that the same could not be agreed to.

8.Government decisions about Haj-2005

However, in its meeting held on 20th October, 2004, the following decisions have been taken by the Government:-

(i) To retain the amount of Rs. 12,000 to be paid by each pilgrim for the round trip to Jeddah/Madinah and the remaining cost as subsidy to be paid by Government to Airlines.

(ii) To add Guwahati and Aurangabad as new embarkation points for Haj 2005 and Patna will be an embarkation point in place of Gaya.

(iii) In the current year, all persons who applied for Haj travel – about 82,000 will be provided the facility; and

(iv) Policy prevailing prior to September 2003 will be followed. However, non-income tax payees will get higher priority for availing such facilities.

Saudi Arabian Airlines, Air India and Indian Airlines transported 80,786 pilgrims to Jeddah. There were 15 embarkation points in India from where these pilgrims were uplifted to Jeddah and carried back to same stations and these are Ahmedabad, Chennai, Delhi, Hyderabad, Kozhikode, Mumbai, Bangalore, Kolkata, Nagpur, Jaipur, Lucknow, Srinagar, Aurangabad, Guwahati and Patna. Aurangabad and Guwahati were added as new embarkation points for Haj 2005. The total subsidy for Haj 2005 comes around to Rs. 165.77 crores approximately.
Haj 2006 Operations

The Government on 11.8.05 decided that the number of persons performing Haj through the arrangements made by the Haj Committee under the Government subsidy scheme be increased from 82,000 to 1,00,000.

The Government on 16.11.06 approved the travel of 110,000 pilgrims under government subsidy scheme for performing Haj during the Haj 2006-II. This is an increase by 10,000 pilgrims from Haj 2006.

The government also decided to retain the fare of Rs 12,000 to be paid by each pilgrim for the round trip to Jeddah/Medina and the remaining cost to be paid by the government as subsidy to the airlines transporting the pilgrims.

No fresh embarkation points have been added to the existing 15 points in India from where pilgrims are taken to Jeddah and brought back. Haj 2006-II is due to commence towards end of November 2006.

Up to 60,000 pilgrims will be transported by Saudi Arabian Airways from Mumbai, Delhi, Ahmedabad and Hyderabad, and the balance by Air India/Indian Airlines from Kolkata, Calicut, Nagpur, Aurangabad, Patna, Guwahati, Jaipur and Srinagar.

There has been a steady increase in the number of Haj pilgrims – 71924 in the year 2000 to 99926 in 2006. However the fare paid by each pilgrim has remained Rs. 12000 since 1994. While the subsidy per passenger in 1994 was Rs.5000, it went up to approximately Rs.28000 in 2006.

Traditionally, Haj pilgrims used to travel only by ship and the transport arrangements were coordinated by Shipping Corporation of India and the subsidy was paid from the Budget of the Ministry of Surface Transport.

Hyderabad blast: AP Minorities Commission Report on Torture of Muslim Youth in Hyderabad

October 2007

The Honourable Commission for Minorities Ravi Chandran Advocate Commission vide Letter No75/MC-B (2)/07-2 dated 14-09-2007 appointed the undersigned to conduct an investigation into the matter, adopting such means and methods as you deem proper " Dr. Mahender Reddy Professor pf Forensic Department Kamineni Hospital also accompanied the team that visited the Cheraiapally Jail The Commission also took the assistance of certain representative of NGOs to part take in the process and see for themselves the state of the persons lodged at the Cheralapalli Jail The other persons who came along with the Commission were Ms Nirmala Gopalakrishnan of Apna Watan, Ms. Anuradha of Aman Vedika and Afsar from PUKAR (COVA)

At the outside the Commission would like to place on record its word of appreciation to the Jail Superintendent of the Cherapalli Jail and his support staff for giving full cooperation and letting the team meet up with the inmates in furtherance of the warrant. The staff was cooperative and did not raise any objections and extended the necessary facility and security during the course of the investigation.

It is also relevant to point out that none of persons interviewed made any complaint of the jail authorities or about being ill treated or harassed by the Jail Authorities. In fact most of them had words of praise for the jail authorities. It is also contextually relevant to point out that many ot them are housed in a prison called Papagni. The cells house either one or two inmates. The rooms are clean. The inmates who seem to be responsible to maintain the individual cells are keeping it clean. A mere glance at the rooms would reveal that they have food like pickles for their use.

They also have the holy book and other basic amenities like water, light and fan.

The A.P. State Minorities Commission has appointed an advocate commissioner to investigate and report on certain allegations of abuse of Minority by officials of the police department.
A report stands received as an interim report from the advocate commissioner appointed by the Commission.

The Commission has noted with serious concern that the report inter alia and at this stage itself records the following as features noted by the advocate Commissioner and the medical forensic expert who had gone with him as part of his team:

That order in not more important than law.

That breakdown of one leads to crumbling of the other.

That all detainees voice the perception that they have been persecuted for the faith the have and subscribe to, Islam.

That most detainees carry some tell-tale signs of bodily abuse obviously not self inflicted.

The fact that none were noticed when they went for judicial remand shows how they were even unable to make those injuries recorded when they were produced before Magistrates.

That in three cases jail records show injuries at time of admission.

That one case refers to blunt injuries noted on medical examination by Osmania General Hospital on reference by the Human Rights Commission.

That these allegations are not without cause.

That there is a simmering sense of anger and helplessness among the detainees, all of whom are from the same minority community.

That these persons all have the feeling they are being picked up and ill-treated just because they belong to a particular community.

That the responsible police officials may be called upon to explain how all the persons complain of illegal detention and of being subjected to third degree methods.

That the hurt, physical and deeper, is all too obvious and It is time a healing process was put in place.

That such a simmering discontent can snowball into an irretrievable divide.

That it is the duty of the State and its many agencies to bring back faith in them.

What is needed now is attention to what happened, correction of procedural lapses to prevent recurrence, rehabilitation of and confidence building among victims and their families.

That there has been evident a bizarre execution of power and a defiant attitude displayed by the agency responsible, the police, as regards established procedure of law.

That even if there is a modicum of truth in the horrors narrated, we have grossly failed to understand its implications.

It proceeds to remind that good governance is about understanding the limits of power, and the police must act within their legal authority.

That law enforcing machinery cannot in the name of criminal investigation be permitted to violate the law
The advocate commissioner proceeds to recommend that Minority Commission adopt a pro-active role in ensuring the police do not go overboard in the matter, as an oppressive investigative system is a challenge to the guarantees in Article 21 of the Constitution.

The forensic expert who has examined the detainees has the following medical examination observation:

That harassment physical and mental before production stands alleged in all cases

That there are no allegations of abuse or Hi treatment in the jail premises

That there were allegations of beating on soles of feet by leather or rubber objects

That there are noticeable small scars of 1 cm diameter noted on external ears

That there are noticeable 1 mm to 2 mm scars noted around nipples indicative of electricity or needle entry

The Commission feels that there is no point in further detailing the injuries described. As the advocate Commissioner has pointed out, these are not self inflicted, these obviously arose during police custody, custodial atrocities on young detainees all minority persons stand proved, the fact that the youths could not bring these on record on production before Magistrates shows how the system has failed to protect the rights of detainees... the list can go on.

The A.P. State Minorities Commission has been receiving reports of rights violations and discriminatory treatment vis-a-vis minorities, reading about the same in the press, and seeing video reports of the same on news networks and receiving representations from abroad as well.

The Commission is aware of the inappropriate usage of terms like Islamic, Jehadi, etc., in relation to acts hostile to the nation, unmindful of the reality that such irresponsible linguistic misuse leaves a lasting impact on any reader's mind, wrongly creating an unnecessary, unwarranted linkage between a specific minority group and such hostile acts.

The readers include government officials including police officials, and it is imperative that long misuse of words import into them undesirable and unjustified connotations. Perhaps as a result of such inappropriate usage, a subjective feeling appears to have begun to affect the thinking of a section of officials to the extent of leading them, immediately on such an act being committed, to making public pronouncements linking names associated with Muslim groups abroad with the same, much before any evidence could have been accessed; such officials routinely treated minority group members as either automatically suspect, or actually involved in such hostile acts, causing the State's response to situations being seen as affected by bias against minorities.

The Commission is acutely alive to the threat to societal harmony that such perceptions in the minds of minority group members can lead to, as also the potential for mischief that such officials' mindset harbours , and is conscious of the need for addressing the same urgently. The Commission notes that the investigation after the blast at Mecca Masjid was in relative terms, an exercise that showed none of the vigour and sternness that the investigation after the twin blasts at Gokul Chat and Lumbini Park demonstrated. The fact that only Muslims were the victims in the first blast and the subsequent firing by police causing further deaths, has not gone unnoticed among the minority citizens.

The Commission notes that despite the growing public outcry at the State's response to the manner of detentions and treatment of suspects in the aftermath of the blasts, the State has not adopted any confidence building measures vis-a-vis the minority groups and this has left open a lacuna that can admit of exploitation to lead minority youth astray.

The Commission had appointed a panel to ascertain the facts with regard to allegations of wrongful detention and ill-treatment of Muslim youths by the police, amidst allegations of violations of rights and wrongful confinement and torture by police officials, and has received an interim report establishing prima facie such acts. The report has been sent to the Commission's legal advisor for opinion and action shall follow on the same in due course. The final report which is expected to provide greater detail of each victim is awaited.

The Commission has been seeking opinions from various quarters on the manner of effectively addressing the same. One issue that results in constant violations is the treatment of citizens from deprived sections, including and especially minorities, by the police.

To deal with these and create more meaningful interactions, one of the proposals constantly voiced by groups of citizens and human rights activists is the establishment of a 24-hour help line to register complaints against the administration, including the police

The Commission has determined that citizens require the. reassurance that will come from making available a continuously functioning mechanism that addresses these complaints and events as an evolving flow, rather than having a event-responding body that acts only after distressing events have taken place already.
The Commission has in the circumstances felt the need to address the situation urgently and effectively, and has determined that this initiative of setting up a 24-Hour Helpline would be an appropriate mechanism for the purpose.
The Commission has therefore determined that what is needed, and will better sub-serve the mandate under which they were respectively created, is a Helpline unit manned 24 hours, with the following additional requirements to make it an effective tool to redress the public grievances in such matters.

The Commission has been discharging crucial functions and it is felt necessary now to have a proper interface between the citizens and the Commission to enhance the effectiveness of the Commission's working.
All violations result in deprivation of rights, and a violation of rights which set an over-lap vis-a-vis general human rights and specific minority rights, can best be addressed by both agencies working together. For this purpose a joint or collaborative venture between the Commission in association with the A.P. State Human Rights Commission can also be considered after a Help Line for the Commission , set up as herein, has begun to work effectively. This will result not only in coordinated result-oriented effort, but will also be cost-effective and preserve valuable resources for optimal application where most needed.

Such an interface can be in the form of a 24 hour HelpLine, which must have the attributes shall reflect the measures that shall be enforced to make officials properly responsive to citizen rights and accountable for meeting citizen needs. The HelpLine shall be an effective mechanism to ensure recognition of the concerned rights and their upholding in a manner more consistent with internationally acknowledged standards in Indian Treaty Obligations as well as Indian Constitutional and Statutory mandates.

The A,P. State Minority Commission had been working on the proposal for setting up a 24-hour helpline for Minorities, and the above report having lent immediacy to the exercise, the Commission has determined to proceed to send its recommendations on the matter including also the draft of the said proposed helpline.

Having read the report of the advocate commissioner/ and the medical observations, discussed the matter with focus on the law, and having given the Commission's anxious consideration to the contents, deliberated upon the implications, and the awareness of the several meetings being held all over the city by prominent citizens, the Commission cannot be oblivious to the likely consequences of feelings of alienation in any section of society, both for the political establishment, the issue of rule of law, the issue of integration of all sections in the "mainstream" of national life, the nurturing role the State has to play vis-a-vis its minorities consistent with its duties under international instruments it has either ratified or been a signatory to.

Here the Commission must point out that the Government of the day has set up and begun implementing In real earnest, a number of welfare schemes especially aimed at benefiting minority sections of society, and these have been the source of a growing feeling of belonging in marginalised sections, who have shown a response indicative of the realisation that the feeling of neglect is replaced by one of awareness of being nursed back to health. While so, a small section from one agency or two agencies cannot and should not be allowed to tarnish the image of the Government. There is every possibility that officers with an undesirable or ideological slant have committed grave excesses, and are deliberately playing into the hands of those who wish to tarnish the fair image of the present government, and thereafter capitalise on the feeling of resentment that will accrue in the minds of the Muslim Community. The objective seems to be to contrive a disastrous political fall-out with an eye on future elections. Police officers, who ought to know better, have begun to behave in a manner calculated to leave all decent thinking citizens, irrespective of which Community they belong to, seething with anger. If the Muslim community is thus left with the feeling that it will not get justice at the hands of the system, and they must of necessity resort to self-help measures, then the situation will be exploited by elements inimical to the nation's integrity, to lure the youth of the community to extralegal methods of addressing grievances.

Under the circumstances, it becomes the duty of the Commission to suggest the following measure to bring back normalcy, restore confidence and ensure accountability of all officials of all departments as regards observance of procedural safeguards to prevent such events.

The Commission therefore submits, with this interim report, the following further recommendation for implementation by the State Government and it is being sent simultaneously to the National Minorities Commission.

It is hoped the measure will yield desired results.

A 24-Hour Helpline for Citizens to cover Human Rights and Minorities' Rights violations in Andhra Pradesh, an initiative of A.P. State Minorities Commission

The HelpLine must have the following attributes and features:

1 The 24-Hour Helpline must address needs of citizens on minority rights issues as well as human rights issues

2 The Helpline must be manned by responsible officials and citizens. It shall be located in every Town and City, and each District Headquarter shall have one for acress to all villages in that district. The citizens officiating shall be nominated by a consortium of NGOs that have been in existence for a period of at least three years prior to this date, each such NGO having the right to nominate one person on a panel that shall be free to make surprise visits to such HelpLine units to oversee and monitor their performance and progress. The officials concerned shall be accountable and report to the Minorities Commission and shall in their operations be subject to supervisory control by a Review Panel as defined below.

3. Each incoming telephone call to the HelpLine must be automatically electronically logged, and from first ring be automatically electronically taped and filed by reference to i) time and date; ii) place of origin; iii) full name of person contacting and iv) right of which violation is complained of, and must be documented, with time taken for response- officials contacted, action taken, report/s filed, etc. Each direct approach shall be similarly noted. Each shall be immediately uploaded on to the HeipLine Web Site (as below) as soon as possible.

4. The Helpline must be electronically notified by the detaining official/s and the concerned SHO, of each arrest and/or calling of persons to police stations for interrogation/ investigation, with each detainee's medical condition on being first detained or first called ascertained by competent medical professionals and communicated to the Helpline.

5. The entries must be routinely reviewed by Minority Commission designates and/or review Panel member, weekly or fortnightly and their findings be forthwith released to the media which shall have free access to all material on which the findings have been based

6. All aberrations must be brought to notice of the Commission by such staff in writing and ATRs made and filed for each

7. All entries and ATRs must be available for scrutiny by news agencies as well as any person attached to any civil rights group; all entries and ATRs must be available as certified copies to any person easily and without bureaucratic delay; these shall be subject to review by a panel that shall meet monthly or where exigencies of a situation demands, at more frequent intervals, as its members deem fit; the panel, called Review Panel, shall comprise of three persons, one each of whom shall be designated by the High Court of the State, the Human Rights Commission of the State and the Minorities Commission of the State; the panel members shall comprise at least two persons from minority groups, and shall have a fixed tenure of three year.", and not be available for re-designation for at least one term after their current term ends; a vacancy arising for any reason shall be filled by the source which had made the designation in the first place, the new incumbent's term expiring with the rest of the panel, and re-designation being subject to the same terms

8. The CMO as well as the Leader of the Opposition in the Legislature shall be also notified of any aberrations by Human Rights Commission and Minority Commission staff in writing and ATRs made and filed for each

9. The Helpline unit must have officers trained in human rights issues and constitutional guarantee issues for minorities, and aware of processes and methods involved in addressing claims of violations; the HelpLine unit shall follow written guidelines and procedures to address claims of violations, and have checklists to ensure areas are not overlooked; instance of inability to immediately respond to complaints of violations must be stated clearly and reasons if any ascertained, the information being placed for recommendations of the Review Panel which shall then send its recommendations to the Chief Minister, Speaker of the Legislative Assembly, and Forward copies also to Human Rights and Minority Commissions. The Helpline may also enroll the service of citizens with a record for public service and contribution on rights issues

10. A web site must be created for the Helpline and the same will be
accessible to lthe public and put all public domain, including instances, responses, officials commended for contributions, officials adversely commented upon, ATRs, and the web site must be updated on a monthly basis, and shall also include links to other agencies and groups that work in the minority rights areas

11. Billboards must be erected at prominent places of resort by poor and common people informing them of their rights, the setting up of the 24-Hour Helpline, and how to go about making complaints of violations; pamphlets intimating the same shall be distributed in Urdu, English and Telugu in all mosques, temples, gurdwaras, churches, synagogues, etc., where minority citizens would usually be likely to congregate as also television channels, and news publications

12. Any refusal to register complaints or issue certified copies or acknowledgement' s of complaints by officials must be made a cognizable and non-bailable offence, just like for persons accused of making caste based derogatory remarks about SCs / STs etc.

13. All pro-active steps by all officials must result in their being issued with certificates stating their contribution to the cause of upholding Human Rights and Minority Rights - these must be counted in determining suitability for promotions and salary hikes - if these steps are not associated with the responses, there is no incentive for officials to properly respect enshrined rights and honour the same

14. All officials held guilty of violating either Human Rights or Minority Rights must suffer demotion in rank as well as face a five-year transfer out of the concerned jurisdiction - these effects must find mention in such officials' ACRs and stand counted in determining suitability for promotions and salary hikes - if these steps are not associated with the responses, there is no disincentive for officials who would prefer to ignore rights or violate the same

15. All complainants must be monitored regularly on a monthly basis for two years to ensure there is no harassment of complainants by officials, and any harassment established prima facie must result in immediate suspension of the officials concerned, and upon adverse finding such officials should be dismissed

15. On any detention, the identity of the detaining officer, the number of the vehicle used, its driver and other occupants, the time and circumstances of arrest must be immediately telegraphically notified to the family of the detainee, the A P State Minorities Commission and the Human Rights Commission; this will eliminate events like unlawful detention, non-production before magistrates in time, etc., and ensure that telegrams are actually sent and there is no assertion of sending and non-receipt of such communications; further, the result of the detainee's medical examination must within two hours of detention be telegraphically notified to the family of the detainee, the A P State Minorities Com mission and the Human Rights Commission

17. All complainants must where the complaint is against persons holding high office (the term "holding high office" can be defined, and include Ministers, MPs, MLAs and MLCs) to be monitored regularly as above and also at request complainants provided with some security to ensure there is no harassment of complainants by such persons or their supporters

18. The Minorities Commission and the State Human Rights Commission can each or jointly interact with or authorize not one but several rights groups and NGOs to participate in the setting up and running of the Help Desk; that way citizens approaching the same can be assured of a more user friendly atmosphere; all such participative bodies inclusive of but not restricted to NGOs and citizens, shall be subject to over-all supervision and control by the Review Panel which shall be entitled to pass administrative orders extending or curtailing their participation for better functioning of the HelpLine units, without necessity for detailed speaking orders

19. Rights groups and NGOs can develop one or more networks on their own
and get connected to the Minorities Commission HelpLine and various other linked agencies; these private networks are likely to be more motivated and able to constantly monitor any violations, assist citizens to access the proper forum, later also working to build up a support mechanism for victims and create a frame-work for participative witness protection

20. The inquiry mechanism to make inquiries against officials prima fade found to have violated rights, should involve an agency equivalent to one investigating atrocities against SCs and STs, and have power to reach any record in any office inclusive of search and seiz, powers of places of work/residence of concerned officers without further clearance or sanction being required. All punishments meted out to violators should be of the same type and extent as for offences involving atrocities against SCs and STs.

21. Staff of the HelpLine must be predominantly from minority groups with a majority of staff comprising women and persons from other underprivileged sections of society.

22. The HelpLine must have a HelpDesk to work at which student volunteers can come forward; such association can be made part of the curriculum for social science and social work related courses.

23. Regular workshops can be conducted on relevant topics, and participation in such workshops must be made mandatory for training courses for all state agencies inclusive of Home Guards, Police and Paramilitary units, and form part of course curriculum for officer trainees of the Government.

24. Just like passing a certain standard of fluency in Telugu is mandatory for all government officials, passing a certain standard of fluency in Urdu must be similarly made compulsory, as it is seen that in many government offices, Muslims who are unable to speak in Telugu are deliberately addressed only in Telugu by staff, despite Urdu being the Second Official Language of the State, resulting in their being denied real participative opportunity in the disposal of their work; likewise, passing a course in Human Rights and Minority Rights must be made mandatory for ali government officials

25. Some of these features require legislation by the State while others require funding by the State; in each case it is necessary that the State "walk the talk" by immediately providing those resources to make the honouring of all rights perceptibly felt by the citizens; to start with the unutilised annual budgetary allocation of the Minority Commhsiosn and other bodies which have the objective of furthering the cause of minority rights, can be expended for the purpose till a separate budgetary allocation is made

26. If the State finds funding an issue, then funding can be easily had from private business houses who can be given the right to use theii name and logo in conjunction with the service; just as the ambulance service pioneered by a private group has tied up with the State to make available a crucial life saving facility for citizens in physical distress, so can a HelpUne be created using business house sponsorships to defray part of the initial costs : a Tata HelpLine, Aditya Birla HelpLine, Reliance HelpLine, GMR HelpLine, or one narnod after a funding NGO can easily be envisaged. This is not to detract from the crucial fact that the duty being primarily that of the State, the State must provide the funds even for such action groups setting up a HelpL ine or any alternative mechanism; any group desirous of setting up such a HelpLine may contact the Minorities Commission for its proposals to be relayed to the Government if found suitable by the Commission

27. With the involvement of a telecommunication company, state of the art telecommunications links including video imagery can be made available to the Helpline, and therefore a joint venture between a telecommunication company and another business house or NGO on one hand, and the A.P. State Minorities Commission and/or the A.P. State Human Rights Commission on the other hand, can easily become a reality

28. Citizens groups spearheading the proposals that have gone into the formulation of the above suggestions have indicated a desire to proceed with such a step if the State defers the matter, and hence rather than lose the initiative to private bodies the Commission proposes to host a two day conference on setting up the HelpLine, inviting similar Commissions from other states to also participate, extending invitations to industry, NGOs and prominent citizens and activists; it is expected the deliberations will substantially advance the process towards making the HelpUne a reality much faster

The A.P. State Minorities Commission strongly recommends the above be urgently favourably considered by the State Government and steps initiated to actualize the same as soon as possible.

Yusuf Qureshi, Chairman
A.P. State Minorities Commission

Hyderabad blast: Report of the fact finding committee on the bomb blast at Mecca Masjid and subsequent police firing

What Really Happened At Mecca Masjid

A Fact Finding Report

23 May, 2006
Countercurrents.org

Report of the fact finding committee on the bomb blast at Mecca Masjid and subsequent police firing

A fact finding committee was constituted by the organizations mentioned at the end of this report to collect facts about the bomb blast at Mecca Masjid on 18-05-2007 at Hyderabad and the subsequent police firing.

The committee visited the Mecca Masjid on 20-05-2007, enquired with the eye witnesses to the occurrence in Masjid and later with the injured at Owaisi Hospital and arrived at the following conclusions.

The committee strongly condemns the heinous act of bomb blasting at Mecca Masjid killing 5 and injuring about 35 people.

The committee equally condemns the police firing on innocent people killing 9 and injuring several others with out any provocation.

The committee is of the opinion that the bomb blast at Mecca Masjid while the Friday prayers were going on was aimed at only to terrorize Muslim people and to shatter their confidence.

The committee also feels that the police firing was also aimed at terrorizing Muslim people and to crush even a small attempt of agitation from the Muslims.

The police firing was done at a place which is about 200 meters from the Masjid which show that the police were aiming at people who were proceeding towards Masjid or going away from the Masjid.

According to the version of the injured in the police firing, the firing was aimed at people which have no concern to the incident. One was fired at while he was proceeding towards his house by that side and another 17 year old boy was fired at when he was going in to the Asra hospital to donate his blood for one of his relative. Yet another was fired at when he was trying to lift a fallen man of the bullet injuries. These are classic examples of how the police fired indiscriminately. According to police version which appeared in the press that they fired at the mob which was about to attack a petrol pump and a wine shop. In fact there were no signs of any attack. The petrol pump was closed on 3 sides and opened to road on one side which is well guarded. If the shutters of the wine shop were down it will be easily protected. It is ridiculous for the police to claim that they were to kill 9 people and injure about 25 people in order to save a petrol pump and a wine shop. It appears that the police value property more that human lives.

More condemnable than the above incident is the police opening fire into the Masjid putting the rifle on the iron rails of the Masjid from the road side. An eye witness to this ghastly behavior of police is none else than Mr. Mohd Ghouse a former cooperator from that area. When the people trying to rush out after the blast the police aimed at firing at such terror stricken people. The manner in which the police opened fire, one aiming inside the Masjid and the other firing indiscriminately from a place away from the Masjid show that the police also aiming at terrorizing Muslims.

The police firing started after about an hour of the blast. People must have been by that time agitated and anxious to know about the condition of their relatives who have gone to offer namaz. The police did not warn them. Even if the mob has become uncontrolled, the police should have used rubber bullets. All the injuries are from bullets only. There are no traces of any injury of a rubber bullet, which shows that the police simply fired at the mob. Till to date there is no evidence of who gave the permission to open fire.

The government till date is not in a position to give the exact number of deaths due to bomb blast and police firing. According to information gathered by the committee the deaths due to police firing are more than the deaths due to bomb blast. This fact alone speaks volumes.

According to version given by the police the bomb blast is of the handiwork of two Islamic organizations which operate from outside India. In fact the police has released a Muslim name who is said to be the master mind of the blast. According to facts reveled by a medical officer of Asra Hospital who treated the injured, some nails, door hinges, and briefcase handle were removed from the bodies of the injured. This establishes that the bomb used in the blast was a crude one made with indigenous technology. The injuries received during the blast and the foreign objects recovered from the bodies of the injured do not establish any connection with either RDX or TNT. The naming of the two Islamic organizations as responsible for the blast with out any acceptable clue reveal the mind of the investigating agency either to mislead the public or to divert their attention. By identifying the probable accused and the organizations with out any preliminary evidence show the attempts of the police to close all other areas of suspicion. The investigating agency can only come up with the names of the organizations which are responsible for the blast only after eliminating all other organizations which can be suspected in such nature of crimes.

The committee feels that both the bomb blast and the subsequent police firing are aimed at terrorizing Muslims and trampling minimum agitation from that side.

The state government should take the responsibility for the whole incident. Even after the warnings by the central government about the possible terrorist attacks in states including Andhra Pradesh, the police did not take any necessary precautions to guard sensitive places like places of worship. It seams there will be regular check up at Mecca Masjid especially on Fridays by the concerned police. Surprisingly there was no regular check up on that Friday. Sufficient force was also not deployed when about 10,000 people gathered at the time of namaz. It is unfortunate to know that the government is appreciating the police for controlling the situation instead of taking action against the police who are responsible either for the lapse regarding arrangements at the Masjid or for indiscriminate killing people with out any provocation.

This is the first time in the history of Hyderabad city or the for the matter of India where a bomb was blast when thousands of people were offering prayers in a mosque. It is a very serious matter and of concern for all to know the persons responsible for it. No investigating agency can simply wash off its hands by naming terrorist organization. When such incidents are likely to happen again, it is the duty of the investigating agency to clear of all possible suspicions and arrive at a definite conclusion. Even after lapse of 4 days no such traces are evident in the investigation. It is surprising to know that one more cell phone was recovered on 20-05-2007 from the pound. In such incidents there shall be no left up from any side.

The committee makes the following Demands.

1. The committee holds the chief minister of Andhra Pradesh morally responsible for the bomb blast and administratively responsible for the police firing. Hence the committee demands the resignation of the chief minister.

2. In addition to the indiscriminate firing by the police there were innumerable lapses from the police side to protect the lives of innocent people. No responsible police officer is forth coming owning the responsibility for the police firing. Hence the committee demands the immediate suspension of the Director General of Police and other high officers who have immediately trooped at the place of incident and responsible for the firing. Prosecution shall be launched against those police men who opened fire at innocent people either killing them or causing injuries.

3. The investigation shall be immediately handed over to CBI.

The Organizations who participated in the fact finding:

Bojja Tharakam (State President Republican Party Of India)
Lateef Mohd Khan G.secreatery.Civil Liberties Monitoring committee
Varvara Rao VERASAM
D. Suresh Kumar Secretary. APCLC
Prabahakar PKM
Abhinova. KNPS
Radha APCMS
Mujahid Hashmi AMA
Leo Augastine
E.Gri yaduvo Praja party

Received from
Lateef Mohd Khan, G.Secretary CLMCI
Civil Liberties Monitoring Committee, India
Amberpet, Hyderabad, A.P - 500013 India, Tel: +91-9391051586 Fax: 91-40-27403392,
Email: clmci@hotmail.com

Hyderabad blast: Report on arrests/detention of Muslim youths

Report Of The Fact Finding Committee
On
the arrests/detentions, in connection with the twin bomb blasts in Hyderabad,

On 25-8-2007
Nirmala Gopalakrishnan
K. Anuradha
Mohammad Afzal
Dated: 10th October, 2007.

Contents
1. Introduction.
2. Fact finding Committee
3. Basis for the findings of the committee page
4. Findings/ Observations of the committee page
5. Recommendations of the Committee
6. Concluding remarks

1. Introduction

We unequivocally and in the strongest terms condemn the twin bomb blasts that occurred in Hyderabad on 25-8-2007. We offer our deepest sympathies and heartfelt condolences to the victims and their families. The perpetrators responsible for these acts of terror and violence must be apprehended and a thorough, in depth investigation made.

After the Mecca Masjid bomb blasts and in spite of the police firing (six people died) the people of Hyderabad showed remarkable restraint and maintained peace. All fears of communal unrest were put to rest in the face of unwavering solidarity and determination of the people, from all communities and sections of society, to overcome the trauma of the terrorist attack. People refused to give a religious identity to the terrorist, as far as they were concerned they were criminals.

However, ever since the twin bomb blasts occurred, there has been great concern and apprehension that indiscriminate, arbitrary detentions/ arrests of Muslim youth have been taking place; and there have been serious allegations that third degree methods are being used to elicit confessions. The Urdu media, especially Siasat Daily has been carrying reports of these detentions and the anguish of the families, on a daily basis. The English media, the police and responsible State officials have maintained deafening silence over these reports.

Petitions/ representations have been sent to the President of India, the Governor of Andhra Pradesh, Chief Minister and Home Minister of Andhra Pradesh, senior police officials, National and A.P. State Human Rights Commissions, National and A.P. Minority Commission etc. These pleas have gone unanswered. Families have lodged FIRs and Habeas Corpus applications, but with little or no response.

We, therefore, welcome the setting up of an enquiry, by the A.P. Minority Commission, through the appointment of an Advocate Commissioner, Mr. Ravi Chander, to look into the alleged illegal detention and torture of the detainees, in connection with the twin bomb blasts in Hyderabad.

In this context a Fact Finding Committee, consisting of Ms. Nirmala Gopalakrishnan, Ms. K. Anuradha, and Mr. Mohammad Afzal was formed to make an independent assessment of the situation. We hope the findings of the Committee will receive serious attention and that some corrective action will ensue.

2. Fact Finding Committee:

A Fact Finding Committee consisting of three social activists, Ms. Nirmala Gopalakrishnan (Apna Watan), Ms. K. Anuradha ( Aman Vedika), and Mr. Mohammad Afzal (Pukar, COVA) was formed on 17th September, 2007, to make an independent assessment of the illegal detentions and torture of those arrested in connection with the twin bomb blasts on 25-8-2007 in Hyderabad.

The Committee accompanied Mr. Ravi Chander on his fact-finding mission. Mr. Ravi Chander was appointed Advocate Commissioner by the A.P. State Minority Commission to look into the illegal detention and torture of those arrested in connection with the twin bomb blasts in Hyderabad on the 25th of August, 2007, with Dr. Mahender Reddy, forensic expert, to assist him. The Committee is grateful for this opportunity which provided useful details and insights to their study.

This report is an independent assessment of the situation and was completed on 8th October, 2007.

3. Basis for the findings of the committee

This Report is based on the findings of the Fact Finding Committee comprising of Nirmala Gopalakrishnan, K. Anuradha and Mohammad Afzal, regarding the illegal detentions and torture of those arrested /detained, in connection with the twin blasts, at Lumbini Park and Gokul Chat, in Hyderabad, on 25-8-2007.

The report is based primarily on the Committee members:

3.1 Visit to Charlapally Prison on 18-9-2007.

3.2 Meeting with the Editor, Mr. Zahid Ali Khan, the Managing Editor, Mr. Zaheeruddin, and other associates of The Siasat Daily, on 18-9-2007 at 5-30 pm.

3.3 Statements of parents / family members of some of the detainees, held in Charlapally Prison, those released after being detained and members of NGO's, at a meeting held at Cova on 18-9-2007, at 7-30 pm.

3.4 Statements made by parents / family members of some of the detainees lodged at Charlapally prison, of those whose whereabouts are not known, members of several Civil Society Social Service Organisations, lawyers, social activists, journalists at a meeting held at Siasat, Abids, Hyderabad, on 19-9-2007, at 2-30 pm.

3.5 Teesta Setalvad's meeting with families of detainees, social workers and lawyers, in
connection with the bomb blasts, on 21-9-2007.

3.6 Meeting of families of the detainees and social activists with Mr. Harsh Mander, 27-9-2007.

3.7 Meeting of lawyers and social workers, in connection with the bomb blasts, with Mr. Harsh Mander, 4-10-2007.

3.8 News Papers reports in connection with the bomb blasts.

4. Findings/ observations of the Committee

The task of the Committee was to find out whether there was a prima facie case made out against the police and as to whether there was some truth in the allegation of communal prejudice, illegal detentions and the use of third degree methods on the detainees. The task of matching Human Rights with threats of real or perceived human safety is always a delicate job and the Committee has attempted to make this study as objective as possible. The Committee has tried to convey the perceptions / queries and apprehensions that were brought up repeatedly in the various meetings listed on page-2.

Based on the findings of this study the Committee believes that:

4.1 Indiscriminate and illegal detentions/ arrests have been carried out.

4.1.1 The detainees were not permitted to inform at least one family member of their arrest, neither did the police notify the parents/ families of the detainees within 24 hours, as per the law. For days the whereabouts of the individuals picked up were not known to the families; they did not know what had happened to them. This, in spite of parents / family members making enquiries at the police stations, lodging of missing persons reports and approaching social activists and the media for help. The Siasat Daily Urdu newspaper started publishing reports on a daily basis, of arrests/ detentions, mid-night arrests, stories of 'missing' individuals as frantic family members started flooding their offices with news of their missing sons/ relatives.

4.1.2 The detainees were not produced in court after being picked up / arrested, within 24
(twenty four) hours, as required by the law. According to the statements made by detainees, families of detainees, social workers etc, on the average there was a delay of five days (many cases more ten days), before they were produced in front of a magistrate. Most were produced at night at the residence of magistrates. The detainees say that they were not asked any thing & if they were it was only their name and age. Why did the Magistrate not record physical torture, look for tell tale marks and send the detainees for medical examination? The Committee members could see some tell tale marks of injuries, on some detainees which were still visible, so why could the magistrate not see them?

Most said that they were taken blind folded and kept in far away undisclosed places.

4.1.3 Many were picked up on flimsy grounds, kept in custody and released, after many days of interrogation. For example, the Committee met Hafez Mohammad Bilal Muftahee, age 26 years, at the meeting with the families of the detainees, on 19-9-2007. He told the Committee that the only reason for his detention (reason given to him by the police) was that the police wanted to question him about his association with Rizwan Ghazi. Hafez said that he had taught Rizwan a year ago.

Hafez teaches Koran at the Royal Indian School, is from West Bengal and has been living in Hyderabad for the past six years. He said on 2-9-2007 the police came to his house, they had Rizwan Ghazi with them. Hafez wanted to inform his family, his phone was ringing but he was not allowed to answer it. For five days he was interrogated at an unknown location where he was severely beaten, kicked, hit with sticks on the sole of his feet. After five (5) days he was released. He said he was hospitalised & the records showed that the injuries he had were the result of beatings. Similarly Zulfekar was arrested and kept for fifteen days, where alleged third degree methods were used during interrogation and then released, his family told the Committee, on 18-9-2007. Social workers from Cova said that they had met the boy and that he is absolutely traumatised, and refuses to come out his house or talk to anyone about his ordeal. They also say that he is in dire need of medical attention, from the injuries he sustained during detention.

Family members and NGO's said that many youngsters, like Hafez and Zulfekar were picked up and after being interrogated were released, but refuse to talk for fear of police reprisals. One such youth after requesting that his name not be revealed spoke to Mr. Ravi Chander, Advocate Commissioner, in confidence on 18-9-2007. Mr. Ravi Chander offered to go alone to the houses (or else where) and speak, in confidence, to the young men, released from police custody, if they were afraid to go out of their houses.

4.1.4 Social activists and some lawyers told the Committee, on meetings held on19-8-200 and on 4-10-2007, that some of the suspects or detainees, who have been released and are presently with their families, are shown as absconding in Police records. Some of the names mentioned are that of Zulfekar, Sammi and Mottasim Billa. Parents/ families expressed great fear for the safety of their sons/ wards.

4.1.5 Great concern and anxiety regarding two youngsters, Abdul Majid and Mohammad Shakeel, has been repeatedly expressed. According to what the parents/ family/ social workers, lawyers, members of Siasat told the Committee, Abdul Majid, aged 19, and Mohammad Shakeel, aged 25, were picked up on 31-8-2007 and 8-9-2007 respectively. Their whereabouts were not known till the police announced their arrest on 27-9-2007, at Kachiguda, and produced in court. The Committee, on 19-9-2007, spoke to the families of both Shakeel and Majid, who gave and heart- rendering accounts of their ordeal of searching for their sons. Mohammad Shakeel's sister Shayada (parents were crying uncontrollably and could not speak) told the Committee, on 19-9-2007, that the family had filed a habeas corpus and sent telegrams to Human rights Commission etc, but got no responses.

On 18-9-2007 in his statement to the Committee at Charlapally prison, Sohail Ahmed, one of the detainees said that Majid was in police custody and was in the same lodge as he was. While recounting the third degree procedures he had endured during interrogation, he said that there was another boy there named Majid, who was subjected to worse physical torture. He said Majid's legs and hands were so swollen that hand cuffs could not be removed, that he was vomiting blood and was dehydrated. He said that Majid was given electric shocks repeatedly. He also said that Majid had not been shifted to Charlapally prison like many had. He said that Majid's parents lived in Mosaram
Bagh. The superintendent of Charlapally prison, how ever, told the Committee on the same day, that they had no knowledge of the whereabouts of Majid and Shakeel.

According to news reports the police announced the arrest of Majid and Shakeel on 27-9-2007. How ever, in a telegram sent by PS Gopalapuram, Secunderabad on 28-9-2007, to Mohammad Wajid (father of Majid), informing him of his son's arrest mentions the date of arrest as 2-9-2007. The lawyers, in a meeting held on 4-10-2007 told the Committee that the telegram was a clear admission on the part of the police that Majid was in their custody for over twenty- five days. A copy of the telegram was given to the Committee. According to Majid's family, he was arrested on the 31-9-2007. The Siasat Daily, said that they had published the news of Majid's arrest on the 1st Sep, 2007; the news paper could not have anticipated Majid's arrest on 2-9-2007 as the telegram claims. Siasat told the Committee that Majid and Shakeel were kept in illegal police custody for more than twenty days and that during that time, the two had been kept in various farm houses, where they were severely beaten and tortured during interrogation.

The most asked questions were: Is Majid being punished for being Shahid Bilal's brother and Shakeel being a friend of Majid? Why after so many days in custody have they not come up with some concrete evidence? Why were Majid and Shakeel not produced in court earlier, was it because they had been tortured and that they may have had physical evidence of torture on their bodies?

4.2 Third degree methods were used during interrogations of detainees.

4.2.1 Based on the statements made to the Committee (even after giving allowances for
exaggerations), the Committee believes that detainees were subjected to physical and mental torture. The detainees at Charlapally prison recounted to the Committee the physical torture they had been subjected to, during police interrogation. They spoke of severe beatings, many of being subjected to electric shocks to all parts of the body, including the genitals, and other forms of torture.

To cite two examples:
(1) At Charlapally prison, Abdul Kareem, 24 years, told the Committee that he had been arrested on 30-8-2007 and produced before a Magistrate (at his house) on the 8-8-2007. He said that during interrogations he was beaten severely and that the police pulled his beard hard enough that lot of hair came out. He was given electric shocks even in his private parts and that a small electric shaving machine like devise was used, which they kept charging he said. His hands were tied behind his back and he was hung from his hands upside down. Kicked by boots on his face also. Four or five days of torture and ten days in custody. When he would drift into sleep he would be awakened by water being thrown on his face. The police threatened to make his mother and sister naked, which they said will make him tell the truth. They said things against his religion; asked him why they have so many children and wives. Told him that they were all fundamentalists.
(2) Ibrahim Ali Junaid, 25, final year medical student, BUMS (Unnani Medicine), in his statement to the Committee said that he was picked up on 3-9-2007 (produced before Magistrate on 8-9-2007) and taken to an undisclosed location, where he was interrogated.. At night they took off all his clothes, tied his feet together and with a belt beat him on the sole of his feet and other parts of his body. During interrogation they asked him about the Mecca Masjid and Gokul Chat bomb blasts.

Legs were stretched side ways and then beaten. Electric shocks were administered on his penis, ears, waist and ankles. Dr. Mahender Reddy, forensic expert, on examination, said that he did see some signs of injury and electric shocks on some detainees, which he said were not from self injury and could be the result of third degree procedures. Some of the Committee members also saw marks of injury on hands, feet, ears etc.

Several questions need urgent answers like; Why were the detainees denied their right or not given the option of having a lawyer present during interrogation? Were the detainees taken to undisclosed places for the purpose of subjecting them to physical torture and the resulting mental torture, for the purpose of eliciting information/ confessions out of them? Where are these undisclosed places-farm houses and lodges?

The committee believes (after making allowances for exaggerations in the statements of the detainees) that the due process of Law was not followed, that there was the use of third degree methods during interrogation, and that these are denials of the civil liberties and are flagrant violations of Human rights. The police is entitled to question the detainees but torture is outlawed. It violates the fundamental Right to life. Right to life has also come to mean the Right to life with dignity, and any treatment of a citizen, by the State which denies his dignity or endangers his life, mental stability is an absolute violation of the Right to live. Further, that physical and mental torture is a violation of the ICCPR, International Convention on Civil and Political Rights of the United Nations, to which India is a signatory.

4.2.2 The Committee sees communal bias in the pattern of detentions /arrests made after the twin bomb blasts. There is sufficient evidence to believe that Muslim young men were picked up at random because they belonged to a particular religion. Immediately after the bomb blasts, statements were made by the Government and police at the highest levels, that the bomb blasts were perpetrated by Muslims.

Only Muslim names have made the rounds, not even a doubt of the possibility that individuals belonging to other communities may be involved in the bomb blasts. All suspects/ detainees/ and those arrested are from Muslim families. Sweeping arrests are being made only of individuals belonging to the Muslim community, often on flimsy grounds or for no other reason than that the person knew a suspect or that he lived on the same street as the suspect. (See page 7, sec: 5.6)

5. Recommendations of the Committee

The Fact Finding Committee strongly recommends that:

5.1 A thorough, detailed judicial enquiry be conducted into the alleged indiscriminate, illegal arrests/ detentions and into the common use of third degree methods during interrogations by the police and that action be taken against erring police officials. These are serious violations of Human rights and the Indian Constitution and cannot be permitted in a civilised society.

5.2 All illegal detenues must be released forth with.

5.3 Those released must be enabled / assisted to rejoin their professions, jobs or colleges.

5.4 Those released must be given medical attention and psychological counselling. These youngsters have been through horrific ordeals and will be vulnerable, fearful and incensed. It is of vital importance that all out attempts be made to make them feel secure and to give them confidence that they can rebuild their lives. Justice will not have been done if they are not helped to rehabilitate themselves financially and socially. There is also an added apprehension that otherwise they may fall prey to fundamental ideology or get led astray by anti- social elements.

5.5 Those who suffered illegal detention/ arrest and torture should be adequately compensated.

5.6 There is an urgent need to allay the sense of insecurity and fear that is growing in the
Muslim Community, especially, among the youth. The members of the Muslim Community believe that they have been singled out not only as the prime suspects but the only suspects in both the Mecca Masjid and the twin bomb blast cases, and feel that it is unjust and motivated. There is a palpable sense of alienation and helplessness. Parents / families told the Committee that they fear for the safety of their sons/ wards. They feel that the young men belonging to other than the Muslim community do not suffer the same treatment, even though they have similar backgrounds and live in the same locality. For example, many young men involved in petty crime were picked up, but only from the Muslim community. Why not others, they ask? They also feel bitter about the fact that
though there were more casualities/ victims among the Muslims in the bomb blasts, yet they are only regarded as perpetrators and not as sufferers. The apprehensions of the community must be addressed, or else could lead to estrangement and communal divide.

A definite message from the Chief Minister and high ranking police officials will go a long way in assuaging these fears and apprehensions. They must be reassured that their lawful interests will be protected, that their grievances will be addressed and that the Government is nonpartisan.

5.7 There is an urgent need for the police to be sensitised towards minorities (as with regard to women and dalits also). This is essential to overcome their own prejudices and to recognise it in others when confronted by it. The fear and distrust that the common man has towards the police can be changed if the police can be perceived to be unbiased, and themselves upholders of the rule of law. The police is responsible for the enforcement the law and criminal justice system and are accountable to the Law. Civil society must demand that the police be accountable for their actions and that they cannot be absolved of unlawful actions by claiming to follow the instructions of their political superiors.

5.8 The police should desist from making statements to the press about the guilt of a detained/arrested person, of being a criminal/ terrorist or that he is involved in or is planning subversive activities. A person is presumed to be innocent until proven guilty according to the Indian Constitution. Families/ social workers told the Committee that many individuals, who in spite of being innocent (many been released), are being looked upon with suspicion because news reports have accused them of indulging in terrorist activities.

5.9 Minority Commissions must be more proactive, interact more directly and have more personal contact with people. Individuals, especially, from the poorer sections of the Muslim community expressed great resentment towards leaders in general, irrespective of any group, political party or religious persuasion. They said they had no one to turn to and that their welfare was not of any one's concern. Creation of a grievance cell, where people had direct access to assistance, will go a long way in assuaging their feelings of helplessness and distrust.

5.10 Press, in general, must be more discerning, unbiased and objective in their reporting of sensitive matters relating to minorities. More editorial direction/ control is desirable on sensitive issues that have the potential for causing communal disharmony. For example,
constantly referring to crimes perpetuated by individuals belonging to Muslim families as 'Jihadis', 'Islami' or Muslim terrorists etc, leaving the impression that their deeds have religious sanction and some how that the Muslim community condones their actions, is totally false and unjust. In most meetings, people were incensed at these misrepresentations and said that they were motivated. They, said a terrorist has no religion (no matter what his claims may be), as the objectives of his means and that of his ends are to spread terror.

A judicious balance has to be maintained between reporting factual news and respecting the privacy of those effected, in other words between the right to freedom and the obligation to be accountable. Recent popular trends of investigative reporting are amounting to 'trail by media'. This should be stopped, in the interest of the right to privacy of the families. Few parents of the detainees told the Committee that they have been asked to move from their rented houses after some news paper reports, and that they were being ostracised by their community.

6. Concluding remarks

An urgent need to acknowledge the magnitude of the problem, which has to be seen not only in the light of human rights violations, but also as it impacts detrimentally upon the psyche not only of the minorities, in this instance the Muslim community, but on that of the majority Community as well. Insensitive and callous handling of the investigations of the bomb blasts in Hyderabad has made stereotyping of Muslims, as being more prone to violence, easy. This is dangerous and can lead to polarization of communities and give credence to the prejudices and myths that are already being relentlessly spread by communal forces. There are apprehensions that the unique composite "Hyderabadi' culture, evolved over centuries of shared experiences and mutual influences, stands seriously threatened.

It is also a sad commentary on Indian democracy that across different sections/ classes of the Muslim community, it is increasingly being felt, that the Indian Muslim has to prove his loyalty and patriotism. This apprehension is voiced often, even at senior levels, which keeps many away from taking a public stand on controversial minority (read Muslim) issues. This is tragic of a community that has sacrificed and fought for the freedom of India in no less measure than the majority community! Communal harmony and national integration must become national priorities if century's old composite, secular culture of India is to survive.

The role of Civil Society is crucial in ensuring that the rule of law is upheld and maintained. Civil Society Social Service Organisations can contribute significantly in increasing awareness, among people, of their fundamental rights, of the fact that every Indian citizen is entitled to judicial review and that people have constitutional avenues to seek justice and redress their grievances.

State has the constitutional duty to safeguard, uphold and implement the Fundamental Rights of all citizens. Fundamental rights are legally enforceable laws and cannot be violated; it becomes even more dangerous if the State or its agencies violate them, as it goes against the very tenets of democracy. In the context of safeguarding rights of the minorities, the framers of our constitution ascertained (as noted by the Sapru committee, 1945), that Fundamental Rights not only provide, "assurances and guarantees" to the minorities but prescribe "a standard of conduct for the legislatures, the governments and the courts". Thus, a very serious view has to be taken if the State or any of its agencies are found subverting/ violating the law or indulging in partisan governance. Only a non-partisan, strong political will, which can exercise just and stringent measures to implement the rule of law can effectively tackle the threat of terrorism and other forms of increasing violence in our country.

Dated: 10th October, 2007.
Nirmala Gopalakrishnan, K. Anuradha, Mohammad Afzal
FACT FINDING COMMITTEE - CONTACT NOS: 9849608466 / 9396420718 / 9391155534

India's Muslim Population

Author:
Carin Zissis, Staff Writer

June 22, 2007



Introduction

Although home to a Hindu majority, India has a Muslim population of some 150 million, making it the state with the second-largest Muslim population in the world after Indonesia. While many Indian Muslims achieve celebrity status and high-profile positions abroad and in India's government-the current president is Muslim. India's booming economy has left the nation's largest minority group lagging behind. Muslims experience low literacy and high poverty rates, and Hindu-Muslim violence has claimed a disproportionate number of Muslim lives. Yet Muslims can impact elections, using their power as a voting bloc to gain concessions from the candidates who court them.


Are Muslims marginalized in India?

Yes. The Muslim literacy rate ranks well below the national average and Muslim poverty rates are only slightly higher than low-caste Hindus, according to a November 2006 government report (PDF). Muslims (mostly Sunnis) make up 13.4 percent of India's population, yet hold fewer than 5 percent of government posts and make up only 4 percent of the undergraduate student body in India's elite universities. The report also found that Muslims fall behind other groups in terms of access to credit, despite the fact that Muslims are self-employed at a far higher rate than other groups.


Are Muslims disadvantaged to the same degree across India?

No. Muslims in southern and western India tend to be better off than in the north. Historically, wealthier Muslims lived in western and southern states, while many of their counterparts in the north left for Pakistan during the 1947 partition of India. Also, Muslims in rural areas are less poor than in urban areas, where their poverty rate of 38 percent is higher than any other population's, including low-caste Hindus. Although no Muslim caste system exists, three groups of Indian Muslims (ashraf, ajlaf, and arzal)essentially function as such. The ashrafs are upper-class Muslims thought to be of Arab ancestry, while the ajlafs tend to be considered Hindus who converted to Islam to escape India's caste system. A third group, the arzals, correlates to the lowest caste of Hindus.


Has the Indian government tried to address the marginalization of Indian Muslims?

To some degree. Although India's secular democracy does not allow special privilege based on religion, there are quotas for parliamentary, civil service, and assembly seats for members of lower, underrepresented castes. In some cases, Muslims gain positions by virtue of socioeconomic status through this system, known as "reservations." Reservations have been a source of controversy, with some saying the system denies jobs to qualified applicants while supporters argue it ensures diversity as well as opportunities to members excluded based on social status.

The government also releases reports acknowledging disadvantages faced by Muslims and making recommendations. The Sachar Report (PDF), conducted by a high-level committee nominated by Prime Minister Manmohan Singh and concluded in November 2006, serves as a recent example. It provided exhaustive research on Muslim socioeconomic conditions, and made a wide range of proposals, from evaluating textbooks to ensure they promote religious tolerance to recognizing degrees from madrassas to combating Muslim unemployment rates.

But experts wonder if the report, like previous studies, will result in far-reaching changes. "The conclusions aren't very revolutionary and I wouldn't expect much in the way of policy change from it," says Steven Wilkinson, a professor of political science at the University of Chicago whose research focuses on ethnic politics in India. Wilkinson says the report builds on previously available data, fails to offer clear analysis about the nature of Muslim marginalization, and leaves in question whether solutions should focus on Muslims or general public poverty alleviation.

Hindu nationalists "represented by the Bharatiya Janata Party (BJP)" also criticized the report, and accused the ruling United Progressive Alliance (UPA) coalition of publishing it to gain political support from the Muslim voting bloc. One BJP leader denied Muslims had ever faced discrimination inIndia and called the study "distorted, politically-motivated, and dangerous" (Hindu).


What role do Indian Muslims play in India's politics?

Like large minority groups in democracies elsewhere, Muslims can serve as a crucial voting bloc in India. Wilkinson says that greater division among Hindu voters in southern states “made Muslims a pivotal swing group in the south very early on.� For decades, India's National Congress party, running on a secular platform, won elections with the help of the Muslim vote. But waning Muslim support for the party, along with a plethora of choices (there are some 170 political parties in India) contributed to the party's loss of power to the BJP in the 1990s.


How has the Hindu nationalist movement affected Indian Muslims?

Anti-Muslim sentiment has also been used to win votes. For Hindu nationalists, who warn of a threat to India's Hindu heritage, religion serves as a rallying cry to gain support. Their movement is"at the core very anti-Muslim," says Ashutosh Varshney, an expert on Indian ethnic conflict at the University of Michigan. Hindu nationalists stoke fears, arguing that Muslims' higher birth rate and an influx of migrants from Bangladesh threaten India's Hindu majority. Hard-line Hindu nationalists argue Indian Muslims (as well as Christians) converted from Hinduism and should reconvert to the majority religion.

Although Hindu nationalists played a minority role in India's parliament in the decades after independence, they drew popular support and experienced rising popularity after the 1980 establishment of the BJP. The BJP, a socially conservative party which has moved toward a more secular platform in recent years, held a parliamentary majority from 1998 through 2004. Candidates for the BJP, now the nation's main opposition party, have sought to win votes by opposing government benefits for Muslims and proposing to build a temple on the site of a former mosque in Ayodhya, a city in India's most populous and politically important state of Uttar Pradesh.

In recent years, infighting among Hindu nationalist organizations and lost elections have weakened the movement's political strength. "The more Hindu nationalism wanes, the better Hindu-Muslim relations will be," says Varshney. "But I don't think we can rule out the return of Hindu nationalists to power in Delhi."


Have there been problems with violence between Hindus and Muslims?

Yes. Communal violence has flared up between the two religious groups since before partition. In recent decades, the proposal to build a temple in Ayodhya repeatedly set off interethnic violence. Hindus and Muslims dispute whether the sixteenth-century Babri Mosque was built on the site of a Hindu temple. In 1992, Hindu militants destroyed the mosque during a rally led by right-wing political parties. Three thousand people died in ensuing riots. In February 2002, a fire broke out on a train carrying members of Hindu nationalist party Vishva Hindu Parishad from Ayodhya. Hindus accused Muslims of setting the blaze and riots broke out across the country. In the following months, the communal violence broke out claimed two thousand, mostly Muslim lives, according to a Congressional Research Service report (PDF). The report also notes widespread allegations of "state government complicity in anti-Muslim attacks" in the BJP-led state.

Varshney calls the 2002 violence in Gujarat India's "first full-blooded pogrom" because clashes went unchecked by India's central government. "The national government [then under BJP control] did not fire the BJP state government. The state government actually used the power of its patrons in Delhi," he says. He argues that western Indian cities, where Muslim populations are segregated from Hindus and ghettoized to a greater degree, are more prone to interethnic violence.


What is the role of Kashmir in Hindu-Muslim violence?

Three wars have been fought over the Muslim-majority Indian-controlled Kashmir since the 1947 partition, with the conflict claiming thirty-five thousand lives since 1990. Pakistan long claimed the province should be part of its Muslim state while India sees Kashmir as an essential part of its multiethnic identity. India also worries that granting independence to Kashmir would inspire an upsurge in secessionist movements in other states with separatist insurgencies, such as the state of Assam.

Pakistani-backed extremists sparked clashes and backed an insurgency in Kashmir. However, after 9/11, when Islamabad allied itself with Washington, Kashmiri extremist groups went underground and have been linked to al-Qaeda. In 2004, Pakistan and India began peace talks in efforts to resolve the long-standing conflict. Islamic radicalism appears to be waning in the region. (This BBC timeline looks at the history of the Kashmir conflict).


Do Islamic extremist groups operate in India?

Yes. Some groups, such as Lashkar-e-Taiba (LeT), operated in Pakistan and Kashmir. They are thought to have splintered after 9/11, with offshoots of LeT likely operating cells in India that may have played a role in the July 2006 bombing of a train in Mumbai or the February 2007 bombing of a train traveling from New Delhi to Lahore. Another group, the Student Islamic Movement of India (SIMI) reportedly holds links to the LeT. Established in 1977 by a group of students in Uttar Pradesh with the goal of promoting Islam's teachings, SIMI radicalized during the 1990s during the growth of the Hindu nationalist movement. SIMI also went underground in 2001, when the Indian government banned the group as a terrorist organization.

International Religious Freedom Report 2005 : India

The report released by the US State Department credits India for improving religious freedom:

"The status of religious freedom improved in a number of ways. The Government demonstrated its commitment to a policy of religious inclusion at the highest levels of government and throughout society. The Government also took steps to address expeditiously the failures of the Gujarat State government to halt Hindu-Muslim riots there in 2002. Minority rights activists reported that instances of communal violence decreased as a result. The Government refused to approve the Gujarat Control of Organized Crime Act, passed by the Gujarat legislature in June 2004, and which Muslim groups feared would be used selectively against them. The Government repealed the controversial Prevention of Terrorism Act, often criticized by Muslim groups as a tool used to target them, and replaced it with a law considered to be fairer to minorities. The Government also withdrew controversial school textbooks that had been condemned for espousing a Hindu nationalist agenda and replaced them with more moderate editions, although problems lingered in some states controlled by the opposition. The National Human Rights Commission intervened in legal battles surrounding the 2002 Gujarat riots, which resulted in the reopening of 2,000 cases. The commission also directed the Gujarat state government to entrust certain cases to the Central Bureau of Investigation, support NGOs working on behalf of religious minorities, and reform the police. No states passed new anti conversion laws, and Tamil Nadu repealed its anti-conversion law."

Read the full report here:

http://www.state.gov/g/drl/rls/irf/2005/51618.htm

Jamshedpur Riots,1979 : Judicial Report on RSS participation

Jamshedpur, April 1979
Toll: 108 (Muslims: 79; Hindus: 25)
Probe: The Jitendra Narain Commission of Inquiry

In 1978, a Ram Navami akhara was established in Jamshedpur's tribal Dimna Basti. The mission noted: [This is, by itself, a significant development, indicative of some design, considering that the Adivasis, not being Hindus, did not perform Hindu religious worship...] Sonaram Manjhi, a tribal, sought permission to take out a Ram Navami procession through Road 14, which passed through a Muslim area. The local administration refused permission.

The controversy surfaced again the following year. RSS leader and MLA Dina Nath Pandey led the city's various akhara samitis in insisting upon taking the procession through Road 14. On April 7, pamphlets were distributed asking people to assemble near Road 14 at 11 am on April 11, and forcibly take out the procession. On April 10, the administration persuaded Muslim leaders to agree to the procession taking Road 14.

On April 11, the administration managed to get the procession to start early, and it passed Road 14 without incident. But Pandey suddenly arrived and stalled the marchers, warning that they wouldn't move until BK Trivedi, who had been arrested a few days earlier, was released from judicial custody.

By 11 - the time notified in the pamphlet - a huge crowd had gathered near Road 14. Most were armed. The procession then moved into the adjoining Muslim area. Some stone-throwing sparked off bloody rioting.

"The chain of events...provided the occasion for the anti-socials amongst the Muslims to assert themselves and assume the leadership of the community," opined the commission. On March 31 and April 1, the RSS divisional conference in Jamshedpur was addressed by the then chief Balasaheb Deoras.

The commission quoted Deoras extensively and said: "...the speech of Shri Balasaheb tended to encourage the Hindu extremists to be unyielding in the demands regarding Road 14. Secondly, his speech amounted to communal propaganda. Thirdly, the Shakhas and camps held during the conference presented a militant atmosphere to the Hindu public. In the circumstances, the commission cannot but hold the RSS responsible for creating a climate for the disturbances that took place on the 11th of April, 1979 and thereafter..."

The commission also believed that the akhara samitis in Jamshedpur were controlled by the local RSS leadership. (Various commissions have commented on the RSS's links with organisations which are floated for specific causes, and which have played dubious roles in communal riots.)

The commission concluded: "Dina Nath Pandey was a member of the RSS, his actions followed a line which was in fulfilment of the general scheme of the Hindu communalists of Jamshedpur, and they were also aimed at achieving the plan announced in the leaflet circulated by them. His conduct had thus directly contributed to the outbreak of the riot..."

Significantly, the commission said the riot was fomented to consolidate the political objectives of the Jan Sangh, forerunner of the BJP. On Pages 103-104, its report makes a detailed analysis of the "true intentions" of the Jan Sangh in the context of the collapse of the Janata Party and emergence of the BJP.

The commission concluded: "...the RSS played their role in this matter, motivated by the long-term political objective of gaining strength for their political wing, simultaneously with propagating their doctrine..."

Jamshedpur, April 1979
Toll: 108 (Muslims: 79; Hindus: 25)
Probe: The Jitendra Narain Commission of Inquiry
(Courtesy: The Hindustan Times, March 12, 2000)

http://www.rss.org.in/article.php3?id_article=88

Kerala Muslims: Socio-economic changes and spread of education

By Prof. K.M. Bahauddin, former Pro-Vice Chancellor, AMU

Kerala is often cited as a model for the spread of education in other states. In Kerala socio economic changes preceded the increase demand for education. The process started by the middle of the nineteenth century. The introduction of plantation economy and the increased price of coconut products brought modest prosperity to the Ezhava community. The result was increased demand for education for that community which was resisted opportunity for education brought about most of the socio-political changes in the state subsequently.

The migration to gulf countries started during 1970s originally from the backward district of Malabar because of poverty. Later the migration spread to other districts. Amritya Sen has pointed out that between 1970-71 and 1987-88, poverty in the state decreased from 69% to 44%, a massive 25% reduction in a state through there was practically no poverty alleviation programme, due to the remittance form the Gulf. The data available show that 69.5% of the Marthoma Christian families 54.7% Muslim families 36.1% Brahmin families 20.7% Nair families and 16.2% Ezhava families are receiving remittance from abroad. This economic change is increased demand for education.

Not only the Muslim community but all other communities have realize that education is the biggest wealth and are eager to give quality education to their children at any cost. This provides a fertile ground for communicating education caring for equity and social justice. Communities which had the monopoly on education would like to continue to maintain their position. At the same time communities which are entering the educational field would like to have equality and social justice. The struggle between the two broad trends are ed in the political field.

The lesson to be learned by other states from Kerala experience is that without economic and social change spread of education is not easy. Poverty elimination and removal of illiteracy should be considered as one unit.

Kerala had an indigenous village based education systems much before the British came to India. Each habitat had a Pathshala and an Asan or Ezhuthachan or Madrasa to teach the children. A survey conducted in 1822 by Munro showed that there were 579 indigenous schools in Malabar. The number of students came to 14155 in population of 907575.

From the beginning of 19th century the British government policy was to ensure continous tension between Muslims and the land owing upper castes. The introduction of English education and the evangelisation process were considered a threat to the cultural identity and even the survival of the community. In 882 Logan reported that the judiciary, the police and the government machinery joined together to suppress Muslim peasants. Under these circumstances it was natural for them to resist everything western including English education.

By the end of 19th century the British government realized that the spread of English education was essential to reduce if not prevent recurring rebellion in Malabar. Attempt was mdae to introduce English education in Madrasas which was failure. From 1886 special grants were earmarked for Muslim education. But the Muslim did not take up the modern education.

During 1950s about about 80 percent of the students admitted to educational servants and land owing upper castes. The Muslims and other backward communities came under the categories of petty traders and labourers and their presence in the educational field was only 3.7 percent at PUC level. The government introduced economic criteria for reservation in education. This policy was more beneficial o the forward communities. In 1965 out of every 100 Muslim students admitted to first standard only 6.3 was reaching 10th standard.

In the National policy on education 1986 stated that “ some minority groups are educationally deprived or backward. Greater attention will be paid to the education of these groups in the interest of equity and social justice”. (NPE) Six district of Kerela
(Malappuram, Kozhikode, Cannore, Kasargode and Wayand) were specially mentioned or greater attention. Yet practically nothing was done to increase the spread or improve the quality of education in those districts.

Kerela achieved universalization of elementary education during 1980s which means that social groups which were not keen on education had entered the educational field. Ill then about 37.5 percent of the state budget was being spent for education. It is natural that students completing the elementary education would be eager to continue their education in higher classes. Instead of providing facilities for such a surge in admissions, four successive governments reduced the education budget from 37.2 percent to 22.56. Commercialisation of education payment of capitation fee for admissions payment for teacher appointments and other irregularities became rampant during this period.

Educational situation after 2000:

There was practically no increase in the state budget for education during 2000-2005. In spite of that the educational growth was phenomenal specially in the Muslim community. By the year 2006 about 2000 Muslim students were getting distinctions in SSLC. Students getting 85 percent and above was between 1300-1500. This trend got reflected in competition and in getting ranks in exams.
The change in demands for admission in the school system was not taken note of by the government when +2 was delinked from the university system. More than required facilities were created in the southern districts and minimum requirements of the northern districts were not considered. The southern districts had facilities to educate more than 50000 third class students at government expense. At the same time 15500 additional seats were necessary for admitting he second class students in the northern districts. The deficiency in the northern districts was rectified by 2005.

Implication of 2007 SSLC results:
More than 90 percent of students from all communities were reaching 10th standard by 2005. With different pass percentages in different districts. In 2007 the pass percenage in the southern districts increased by about 5-10% while the percentage increase in the northern districts were 15-20 percent. Increase in pass percentage will create a shortage of admission facilities in the northern districts. One percent increase in pass percentage in Malapurram for example will add about 500 students eligible for admission to +1. The increased pass percentage in Malappuram district was about 16 percent. During 90s the pass percentagein Mallapuram was below 30 percent. In207, the pass percentage in 76.62.

The pass percentage in 10th standard of all the districts of Kerela have reached the same level. Therefore in future additional seat requirements at+1 level may not increase rapidly. The increase may be less than 1% on the basis of population growth.
However, the quality is different in different districts. If securing 1st class in the exam is taken as a yardstick of measurements, there is a difference of about 20 percent between Trivandrum and Malappuram in the percentage of students getting first class. It may take a few more years to bridge the gap.

However, the Muslim presence in higher education is lower than that of the scheduled castes. Having realized the value of education, there will be pressure from the community for reasonable opportunities for higher education. This is a natural process of social change and enlightened governments should provide opportunities for a smooth translation to a great and equal society in the state through education.

Law Commission of India: Preventing Bigamy via Conversion to Islam

Preventing Bigamy via Conversion to Islam – A Proposal for giving Statutory Effect to Supreme Court Rulings

Report No. 227

August 2009

Full report: http://www.indianmuslims.info/files/law_commission_bigamy.pdf

List of Commission of Inquiries

Reports of Commission of Inquiry

Andhra Pradesh

1.

Report of the Commission of Inquiry (Padirikuppam Harijanwada Fire Mishap) - By Sri Y. Venkateswara Rao, Andhra Pradesh, 1983.

2.

Report of the Single Member Commission of Inquiry on the Ganesh Immersion disturbances of 9th September, 1984 - By Justice M. Krishna Rao, Andhra Pradesh

3.

Report of the Commission of Inquiry to inquire into the communal violence that occured in the Twin cities of Hyderabad , Secunderabad and Ranga Reddy Districts during October - December 1990 - By Sri R. H. Heeraman Singh.

Bihar

4.

The Commission of Inquiry on communal disturbances at various places in the country between August and October 1967

Ranchi-Hatia, Bihar , August 22-29

5.

The Commission of Inquiry on communal disturbances at various places in the country between August and October 1967

Sursansd, District Muzaffarpur, Bihar , October 13-15

Delhi

6.

Report of the one-man Commission of Inquiry into the Sadar Bazar disturbances, Delhi 1974.

Gujarat

7.
Justice Jagmohan Reddy Commission:
Report of the Commission of Inquiry on communal disturbances at Ahmedabad and at various places in the state of Gujarat on and after the 18th September 1969.

8.

Report of the Commission of Inquiry into the incidents of violence and disturbances which took place at various places in the state of Gujarat since February 1985 to 18th July 1985.

Jharkhand

9.

Report of the Commission of Inquiry on communal disturbances at Jamshedpur in April 1979.

Karnataka

10.

Report of Justice B. N. Krishnan Commission of Inquiry, Konnur incidents dated 23.4.1995.

Kerala

11.
Justice Vidyathil Commission:
Report of the Commission of Inquiry on communal disturbances at Tellicherry, Kerala 1971.

Madhya Pradesh

12.

The Commission of Inquiry on the disturbances which occurred at Jabalpur , Sagar, Damoh and Narsimhapur in Madhya Pradesh in February 1961.

Maharashtra

13.

The Commission of Inquiry on communal disturbances at various places in the country between August and October 1967

Sholapur, Maharashtra, September 1967

14.

The Commission of Inquiry on communal disturbances at various places in the country between August and October 1967

Ahmadnagar, Maharashtra , September 18

15.

The Commission of Inquiry on communal disturbances at various places in the country between August and October 1967

Malegaon, Maharashtra, September 24

16.
Justsice Madon Commission:
Report of the Commission of Inquiry into the communal disturbances at Bhiwandi, Jalgaon and Mahad in May 1970.

17.

The Commission of Inquiry on disturbances at Nasik on 10th May 1986 and at Umapur, district Beed on 15th May 1986.

18.

Report of the Srikrishna Commission appointed for inquiry into the riots at Mumbai during December 1992 and January 1993.

19.

Report of the Commission of Inquiry into the incidents of riot on December 6th, 1999 at Police Commissionerate Aurangabad (M.S.) - by Justice Anant D. Mahe

Orissa

20.

Justice D.P. Wadhwa Commission of Inquiry Report , 21st June 1999.

Rajasthan

21.

Report of the Commission of Inquiry on communal riots in Kota in 1989 - by Justice S.N. Bhargava, Chief Justice , Sikkim High Court.

22.

Report of the Jaipur Inquiry Commission (Tibrewal Commission) into the communal disturbance at Jaipur, in October, 1990, - By N.L. Tibrewal Judge, Rajasthan High Court, Jaipur.

Tamilnadu

23.
Justice Venugopal Commission:
The Commission of Inquiry to enquire into the firing incidents on the clashes between Christians and Hindus at Mandaikadu in Kanniyakumari District on 1.3.1982 and 15.3.1982 - Report of Retd. Justice Thiru P. Venugopal Commission of Inquiry.

24.

The Commission of Inquiry to enquire into the firing incidents on the clashes between Adi-dravidars and other castes in Madurai District during September 1989 - Report of Justice P. Bhaskaran Commission of Inquiry.

25.

Report of the inquiry conducted by the Commission of Inquiry to inquire into the group clash between Sengunthars and Adi-Dravidars at Ponnur village, Vandavasi taluk, Triuvannamalai Sambuvarayar district on 8th November, 1992 - Thiru K. E. Varadhan, Judicial Member, R.C.T. and District Judge (Grade -I) retired.

26.

Report of Thiru P. Gomathinagayam Commission of Inquiry appointed to inquire into the the causes and circumstance leading to certain clashes and other disturbances of law and order involving Adi-Dravidars and Thevar community pepole during July, August and September 1995 in Tirunelveli and Thooththukudi district.

Uttar Pradesh

27.

The Commission of Inquiry on communal disturbances at various places in the country between August and October 1967

Jainpur and Suchetpur (District Gorakhpur , UP, September 24-25)

West Bengal

28.

Report of The Deb Commission of Inquiry (Regarding Communal disturbances at Kashimbazar and at Nashipur in the district of Murshidabad on 24th June, 1988) - by Justice Haridas Das (Retd.).

UP, Bihar and Maharashtra

29.

The Commission of Inquiry on communal disturbances at various places in the country between August and October 1967

(i)
Ranchi-Hatia, Bihar , August 22-29 , 1967

(ii)
Sholapur , Maharashtra , September 17 , 1967

(iii)
Ahmadnagar, Maharashtra , September 18 , 1967

(iv)
Malegaon , Maharashtra , September 24, 1967

(v)
Jainpur and Suchetpur (District Gorakhpur , UP, September 24-25 , 1967)

(vi)
Sursansd, District Muzaffarpur, Bihar , October 13-15, 1967

30.

Report of Justice Ranganath Misra Commission of Inquiry, 1985.

Malegaon Riots 2001: Asghar Ali Engineer

MALEGAON RIOTS - A NEW ERA OF VIOLENCE?
November 16-30, 2001
by Asghar Ali Engineer

The Malegaon was shaken with sudden spurt of communal violence on 26th October after the Friday prayer in the after noon. Communal violence often has connection, direct or indirect with announcement of elections. Within a couple of months elections to Municipal Council (to be soon declared municipal corporation) are expected in Malegaon and other towns and parties and contestants are worried about their vote banks. The people have to pay price for being governed through elected representatives.

The riots in Malegaon are quite serious and biggest after the Mumbai riots of 1992-93. It is not that riots had not taken place after the Mumbai riots of 1992-93 during the Shiv Sena-BJP rule as one commentator had suggested. Several riots had taken place in Penn, Junnar and other places during the SS-BJP rule. But it must be stated that the Malegaon riots would take the cake in the post-Babri riots in Maharashtra.

Malegaon, a taluka, is a Muslim majority town in the Nasik district. It has roughly a population of 800,000 of which nearly sixty percent is Muslim. These Muslims, most of them, had migrated from U.P and Bihar after the mutiny in 1857 due to persecution by the British, are quite poor and illiterate. Hardly any government in Maharashtra did anything to improve their economic conditions. Government after government used them for votes. A survey shows that the incidence of T.B. is also quite high among the Muslims of Malegaon. Malegaon, it must be noted, is an important centre of power looms like Bhivandi near Mumbai.

Besides elections which will be soon announced the incidents of 11th September in New York and Washington, were also responsible for what happened in Malegaon. Muslims in Malegaon, like the Muslims in many other places in India, are quite angry with the USA for its continuous carpet bombing in Afghanistan in retaliation to the terrorist attacks on the World Trade Centre in New York and Pentagon in Washington.

These Muslims are expressing their resentment against the USA and the Britain which has joined the USA in punishing raids by giving a call for boycotting the American and the British goods particularly the Coca Cola and Pepsi Cola, the popular soft drinks. Some Muslim scribes from Deoband and other places in U.P. had given a call appealing the Indians in general and Muslims in particular to boycott these soft drinks. Many Muslim hoteliers had even stopped selling these drinks. Some young boys in Malegaon were distributing the pamphlets appealing the Indians to boycott these goods and they went to distribute these pamphlets after the Friday prayers.

However, these pamphlets had nothing communal or offensive or even a thing in support of terrorist attacks on 11th September in New York. It contained only an appeal to boycott American and British goods. The district authorities had made police bandobast outside all sensitive areas. Malegaon is considered as one of the most communally sensitive areas in Maharashtra. So the authorities wanted to take no chances and the police bandobast was tightened.

One of the constables of the SRP (the state reserved police) snatched a pamphlet from the boy who was distributing it and reprimanded him. According to another version he even slapped him and arrested him. It is said that the boy refused to hand over the pamphlets to the constable. This led to protest from the people coming out of the mosque and resulted in skirmishes with the police. It is also said that the pamphlet in question was being distributed in Malegaon for the last one week before that Friday. It is also said that the Imam of the Jami' Masjid Mufti Muhammad Ismail and one advocate Shuaib intervened and asked people to disperse peacefully. It is obvious that much trouble could have been avoided if the police had requested for the pamphlet and had not used the force. It is also pointed out that first the police demanded the pamphlet and it was refused and then force was used. Actually it should not be the job of police on duty to demand for the pamphlet. It could have been collected politely by a plainclothesman from intelligence department. Instead an SRP constable seized the pamphlet and so much violence resulted.

But there was anger against the police and also against the USA's attack S.P, Suresh Ahire reached there with reinforcements and the local Congress MLA Sheikh Rashid also reached the spot. People were demanding apology from the police for snatching the pamphlets and arresting the boy. As the crowd was getting restless the police resorted to lathi charge with great intensity. Many people were injured and they began to run from there. The crowd ran towards Muhammad Ali and Qidwai Road and had scuffle with the police. Stone pelting began and many people including three policemen, it is said, were injured.

It is then that the police used force and begin firing in the direction of Muhammad Ali Road. The police fired 9 rounds in which 7 persons were injured. Three persons died of which one was a boy of 18 years, who was hit in the head, the other was a 23 years old man who was hit above his navel and third was a woman Biqis Bano 45 year old who was drying clothes on the terrace was hit in the chest and died in Faran hospital. It will be seen that all three were hit above the waist and none was fired upon below the waist.

Before we proceed further some comments about the role of the police will be in order. The police, particularly those at the lower ranks, often fire in excess against weaker sections of the society particularly the minorities, tribals and dalits. They hardly have respect for human rights or even for others life. When they fire on these sections they often fie to kill them. The way the sub inspector Kadam had fired on dalits in Ghatkopar a few years ago in which more than 10 dalits were killed is another proof of this. The Gundewar Commission had also observed that the firing was in excess. And we do have the Srikrishna Commission Report, which probed role of the police so painstakingly, police station by police station and concluded that the police was guilty of deliberately killing Muslims in many instances.

If the government does not pay attention to intensive training and sensitising the police towards human life this will keep on repeating in riot after riot as it has been happening in the past. No such attention is being given despite so many instances of the police brutalities. It is true we have many IPS officers of high integrity but they are few and far in between. For example in Malegaon too Mr. Bali, an Additional Director of the Police was sent to control the situation. He is man of great integrity and had controlled riots in Bhivandi during 1992-93 but it was too late. By the time Bali went to Malegaon damage was already done.

The crowd became even more restless after the firing and more than seven persons having been hit above the waist the crowd became even more restless. The firing took place at about five minutes past four O'clock on Muhammad Ali Road. The crowd from there spread to the other side of the river Mausam and began indulging in looting and burning shops and other properties belonging to the majority community, and the sections of majority community retaliated by burning shops and properties of Muslims. There is a Shiv Sena organisation in Malegaon called Janta Raja which is controlled by the Anand Dighe faction of Thane. They incited the Hindus to attack Muslims and their properties. The Samna also wrote, as usual, provocative articles and even said that if Muslims are in majority in Malegaon we are in majority in villages and we will teach them a lesson.

On 26th October 2001 lot of cases of arson took place between 4 and 7 P.M. in Dana Bazar, in Gur Bazar, Kirana Bazar, Shashtri Chowk, Nihalnagar, Muhammad Ali Road etc. The majority community communal elements openly began provoking people in number of areas around Malegaon like Samakser and camp and Suigaon and rumours began to spread in all directions as happens in most of the riots. In Samakser Muslim properties were destroyed, looted and burnt. Now communal elements and anti-social elements from both the communities were openly looting and burning properties. There were two cases of stabbing but all others (about 13 persons according to the official figures and 15 according to other sources) were killed in the police firing. About 12 persons were Muslims among those who died and two Hindus and one was unidentified.

The looting and burning continued for few days and the situation came under control only after 3rd November. Curfew had to be imposed for long hours from the very first day and day-curfew has been relaxed only on 7th November. The night curfew, however, still continues.

It is highly regrettable that such a major riot took place in which 15 persons were killed, more than 12 were injured in police firing and 477 persons were arrested. We heard many painful stories of killing of people. One Khalil Member, a person who was working for peace was called from his house on the pretext of controlling the mob and was killed. Water pipes were broken by the miscreants and Malegaon went without water for few days. A rumour was also set afloat that milk has been poisoned and many had to go without milk.

In villages and nearby areas it is mainly Muslims who suffered. In places like Rawalgaon (the famous chocolate town, Deola and Kalwan it is Muslims who mainly suffered. In Malegaon alone the properties worth more than 15 crores were destroyed and in these other places properties worth more than two crores were lost. Some estimates put the losses much higher.

It is also pointed out by some that the riots were caused mainly by election rivalry between the present Congress MLA and Nihal Ahmed of Janata Dal (Secular). There is no doubt both are political rivals and Sheikh Rashid, the Congress MLA even alleged that Nihal Ahmed had provoked the Muslims and riots ensued. However, Nihal Ahmed denies the charge. It is true that Nihal Ahmed had taken out a procession against the Afghanistan war on 19th October (i.e. previous Friday) in which many Muslims joined and some youth even carried the placards with Usma bin Laden's pictures. Nihal, however, maintains, he did not control the youth who carried the placards. It was not he who invited them to join and carry the placards.

Whatever, the fact is that elections of Municipal council is due in Malegaon probably in December and politicians are tempted to cater to the sentiments of their voters. Both Sheikh Rashid and Nihal Ahmed had an eye on the coming elections and wanted to be on the right side of their voters' sentiments. It is however, for all of us to reflect that elections at what cost? Should we play with the sentiments of our people as our politicians have been doing so far? Can elections be fought only on communal issues?

The BJP is also hotting up Ayodhya issue once again since elections in U.P. are due. It is exploiting the issue of terrorist attacks and is enacting POTO and strongly justifying it again to cater to the Hindu sentiments on terrorism. The Congress-NCP Government also failed miserably in controlling the riots in Malegaon and around despite the town being given to the army control. This itself is a serious thing that the army had to be called out on the third day of rioting.

The charge that when the Congress is in power more riots take place (already small riots up to more than 40 have taken place in Maharashtra since the Congress-NCP Government came to power) and when BJP or Shiv Sena is in power riots are far and few in between. Whenever the Congress is in power it is obvious that the BJP or Shiv Sena are out to cause communal trouble to alienate Muslim voters from the Congress, on one hand, and to consolidate their Hindu vote bank, on the other.

Thus the Congress has to be doubly cautious while in power to maintain communal harmony. But it is often seen that it miserably fails to maintain communal harmony as it happened in the case of Malegaon. To prevent riots police machinery on one hand, and the administrative machinery, on the other hand, must be spruced up. But the Congress government hardly plays any role and neglects very vital function to maintain harmony. The Congress once again has proved that it is incapable of pulling up the police force. If it has to revive itself and won over Muslims in U.P. it must play very proactive role in controlling communal situation where it rules. But there are no such signs and as usual it is succumbing to communal pressures.

Though the Congress Committee led by Motilal Vohra has given clean chit to the Chief Minister Mr. Deshmukh, in handling riots, it can hardly convince the victims of riots in Malegaon. It also must be pointed out that despite such vicious communal atmosphere, Hindus and Muslims saved each others lives. The Muslims protected four Hindu families in Pawar Gali and Hindus protected Muslims in other areas. This gives us hope in otherwise politically hopeless situation in the country.

The Government initially had ordered only Magisterial inquiry but later on due to pressure from Mrs. Sonia Gandhi a judicial inquiry has been instituted. So much for the Government's seriousness about Malegaon riots. Mr.Bhujbal, the Home Minister, had also turned down compensation for those killed and injured saying it will amount to rewarding the mischief makers. Mr. Bhujbal should have known that very few miscreants are killed. It is mostly bye-standers who pay with their lives. A woman who was drying clothes on the terrace was killed. How can she be a miscreant? The Government has now announced to give compensation though amount has not been fixed.

Mau Riot 2005 : A report by Saajhi Duniya

Communal Riot in Mau: A Report

Roop Rekha Verma
Nasiruddin Haider Khan

October 2005

On behalf of “Saajhi Duniya� the undersigned tried to understand the reality of riot-hit Mau and visit this city on October 20, 2005. We saw those areas in Mau which were affected by violence; we talked to some people who had witnessed the violence. We also looked into the local news papers. We tried to know what the immediate cause of the riot was ; what the role of Mukhtar Ansari (identified as the main culprit by all variety of the media) was ; whether there was any role of any other individual or organization in the riots; whether Hindus had really been massacred en mass and they have lost everything; what the role of the administration was and whether this riot could have been averted.

After having returned to Lucknow we thought it necessary to share the facts collected by us with wider public, and prepared this report. But it should not be taken as the report of an inquiry. It is only an effort to connect scattered facts and an attempt to make a passage to find out further facts.

Moreover we have given community –based analysis despite the fact that for us dividing the statistics of loot and murder on the basis of religion is inhuman, because the media has mostly presented religion-based statistics and we did not find the one –sided picture given by media as correct. The account of what we saw, heard, understood and felt, is given below.

Beginning of Tension

In Mau Bharat Milap (enactment of a scene from Ramayan) has always been very important and sensitive occasion. The traditional site of Bharat Milap is adjacent to the Shahi Katra Mosque. For a long time Bharat Milap ceremony is held on this site. Some years ago during the renovation of the mosque a controversy arose that a gate of the mosque had occupied about one foot more space than it should have. This controversy
reached the court. Later the prominent persons of both the communities reached an agreement that the gate of the mosque may remain as such and when the chariot in Bharat Milap turns around near this gate, the chariot can touch the gate thrice. Now it has become part of the ritual that during Bharat Milap the chariot strike at the mosque gate thrice. This practice does not cause any tension now. The Bharat Milap event has, for a long time, been treated as very sensitive by the administration and they have been deploying heavy police force around this occasion.

This year Bharat Milap coincided with Ramzan. On the 13th October 2005 when the loudspeakers were blowing on the Bharat Milap site, it was time for Taravih in the mosque and people in the mosque objected to the
blowing of the loudspeakers. When an elderly person objected, loudspeakers stopped blowing but after a short while they again started blowing. On this, it is reported, some young boys snatched away the wires of
the loudspeakers. The police beat them up and locked them up in the police thana. Later the boys were released under pressure. This angered the Ramlila Committee. During all this episode the administrative and police arrangement at the site was not as it used to be the previous years ; it was much lesser this year. After some time members of Ramlila Committee, BJP MLC Ramji Singh, other leaders of BJP and people
in administration reached Shahi Katra. After discussion it was decided to postpone Bharat Milap to October, 29, 2005. This seemed to be the end of the whole controversy.

But this was not to be. The next day morning the workers of Hindu Yuva Vahini and Hindu Mahasabha, under the leadership of Ajit Singh Chandel, Punit Singh Chandel, Sujit Kumar Singh & others, jammed the traffic at Mata Pokhra and at the Sanskrit Pathshala Trisection near Shahi Katra Mosque in protest against the postponement of Bharat Milap. The residence of Chandel is also situated on this spot. This place is supposed to be very sensitive. The space around the trisection is very narrow too. The demonstrators were raising provocative slogans. They were also against Ramlila Committee and local BJP leaders. The demonstrators alleged that these leaders and committee-members had shown cowardice by postponing Bharat Milap. On this occasion too the police presence was meager and the administration was lax. During the demonstration chaos prevailed. Police warned of firing, stone-throwing started and Ajit Singh Chandel started firing from his rifle, injuring several persons who are still in hospital. In fact, violence started from this incident.

People with whom we talked belonged to both Hindu and Muslim community and they said that Mukhtar Ansari was seen on the streets some hours after violence had started. Although none of the persons we talked to could quote any provocative pronouncement by him, they all maintained that his mere presence was sufficient to encourage lumpen elements.

Violence and Loot

After the abovementioned incident near Sanskrit Pathshala about a dozen shops at Sadar Chowk, Rauza, Kaudi Building and Sindhi Colony were looted. Among these shops were Jaiswal Vastralaya, Sindhi Bidi, Metro Sareewala, Deenanath Agarwal Cloth shop, saree shop of Ramgopal, Jugal Prsad Vishwanath Prasad Saree wholesale, Gopal Traders of electronic goods, Barnwal stores etc. All the shops looted in this area belonged to Hindus. Some of these shops were quite big and old. The estimated loss runs in lakhs. Three of the looted shops looked entirely burnt and destroyed. Dozen other shops of Hindus near these looted shops were safe and intact. Some damaged shops, people say, had long-standing tenancy disputes. It is likely that taking advantage of chaos and violence some people adopted this method of resolving the disputes. As per
the information gathered till now maximum damage to Hindu population was done in this area. In this area a godown of soaps belonging to a Muslim and housed in Goenka Bhavan behind Mr. Chandel’s hose was looted. Further ahead in Bal Niketan area which is inhabited mainly by Hindus, everything looked safe and intact excepting burning down of a kiosk of a Muslim.

In Sahadatpur area the Muslim-owned shops in Ali Building were looted and burnt. The damage is estimated in crores. The adjacent shops of Hindus were intact. Two purely vegetarian restaurants owned by Muslims, Girhast Plaza and Paris Plaza on the Ghazipur Trisection were victims of heavy damage and loot. Further up on the bypass road Habib Hospital of Dr. Asghar Ali Ansari was damaged and his new Scorpio Jeep and motorcycle were completely burnt down. Dr. Ali escaped to Ghazipur. Further on the same road in Brahmsthan area a big trading complex housing Ahmad Beej Bhandar was totally looted and burnt. Even after 5 days we saw smoke still blowing from this building. On Salahbad turning Shimla Saree, a famous factory owned by a muslim, was looted. The estimate is that about 16 thousand sarees, 3 electronic machines and computer were looted. After this loot a big crowd of Muslims from a nearby place indulged in rampage and loot for two-three hours and no administrative intervention was visible. Here, people say, Mukhtar Ansari was called by some persons to intervene and in his presence firing was done by someone, killing one person.

As a reaction to this, it is said, the colony of Muslim weavers in Alinagar was attacked and about 100 houses were looted and then burnt. All the power looms were destroyed in the arson. Due to rains, absence of
proper road and late night we could not go to this place despite our strong desire. People told us that nothing was left in this colony; it was totally deserted. Some other establishments which suffered loot and/or arson were mobile oil shop and junk dealers store on bypass, Kanpur Machinery Store (engine, motor, thrasher, etc.) , Airlite machinery near old government hospital, dying factory in Ranvirpura, retail sellers on Bhiti and Azamgarh Trisection, school of municipal chairman in Matlupur, some shops in Ratanpura. They all belonged to Muslims. These establishments included the tent-house which used to provide tents, etc. free of cost for Durga puja every year. Some of the adjacent villagers like Faidullapur and Kurthi Jafarpur also suffered violence.

Casualties

According to the administration nine persons were killed in this riot whereas the newspapers have reported the number as fourteen to seventeen. Among these five Hindus have been identified. Mehtab, a Muslim, died in police firing. Five charred bodies were found in the burnt colony of Alinagar. Since this colony was inhabited by Muslim weavers only, the surmise is that five burnt bodies were of Muslims.

Shining examples of humanity in the midst of Barbarism.

Mau has not one but several exceptional persons who helped restore our faith in humanity in the midst of brutality and violence. On the one hand there were Haji Vakil, Abdul Sattar, Abdul Samad who challenged rioters in Sindhi colony or Salim Ansari, Kamaruzzaman and Haji Irfan who stopped the fanatic elements from indulging in violence. On the other hand there were Ashok Singh who saved the plaza from arson, Anil Rai
who stopped rioters from looting a furniture shop, Ramchandra Singh who saved Noorkamal near Ali Building, Dr. Udai Narain Singh who saved two lives or Ashok Gupta who sheltered nine Muslims. In Indaara a
Muslim sheltered some Hindus to save them from a frenzied mob and had his fingers chopped off while he was closing the doors of his house.

Comments :

i) It is clear that the picture presented by most of the media, that the aggressors were mainly Muslims and mainly Hindus were the sufferers is not correct. Muslims have heavily suffered in terms of life and
property.
ii) The role of Hindu Yuva Vahini and Hindu Mahasabha has been almost missing in the media whereas they played crucial role in the beginning of the riots and in worsening the situation.
iii) The statements of exaggerated and exclusive losses of Hindus, by some BJP leaders and leaders of Hindu Yuva Vahini like Yogi Adityanath have been partial and provocative.

Roop Rekha Verma
Nasiruddin Haider Khan
Secretary Saajhi Duniya
M-1/14, Sector- B,
Aliganj,
Lucknow – 226 024.
Tel: 0-93359-05337

Mau Riot 2005 : Second report by Saajhi Duniya

MAU RIOTS: A REPORT

Prof. Rooprekha Verma
Vibhuti Narain Rai &
Nasiruddin Haider Khan

you can find this report in Hindi here.

Introduction :

There is lot of confusion in the media about the communal tension and widespread violence which began in Mau on 13-14th October 2005. Consequently “Saajhi Duniya� considered it necessary to visit Mau and acquaint itself with real situation. The first team of Saajhi Duniya visited Mau on the 20th October when the city was under total curfew. Again on Oct. 30 & 31 the representatives of Saajhi Duniya went to Mau. This team comprised of Prof. Roop Rekha Verma (social activist and Secretary of Saajhi Duniya), Mr. Vibhuti Narain Rai (President of Saajhi Duniya, litterateur and activist on issues related to communalism) and Mr. Nasiruddin Haider Khan (journalist). Mr. Jai Prakash Dhumketu (litterateur and activist) from Mau also joined the group. This team not only visited the riot-affected areas in Mau but also inquired into the causes of violence. The team spoke to the victims of violence, social and political workers, ordinary public and officers of district administration. The following is an attempt to express in words our efforts of 3 days in understanding the latest riot in Mau.

Mau (also called Maunath Bhanjan) has been a communally sensitive district. Previously it was part of Azamgarh. Even at that time Maunath Bhanjan used to witness incidents of communal violence after every few years. The population of Mau is 1853997. The urban population is 360369 and the rural population is 1493628. Within this population around 80.50% are Hindus, out of which 90% population is rural and approximately 10% is urban. Mau district has less than 20% Muslim population. Out of Muslim population 40% is
rural and 60% is urban.

Tana-Bana (Economic Structure) of Mau :

Besides agriculture, Maunath Bhanjan has been famous for silk Sarees. It has been considered a big center of sarees. In the era of handloom most of the workers producing sarees were Muslim. Even among Muslims mainly backward castes were doing this work. In past this trade has repeatedly suffered from violence in riots. Consequently Muslims have been suffering economic loss again and again. With the entry of power loom the character of this trade slightly altered. Powerlooms required more money. . Gradually Hindus
also entered this trade and it is said that their number in this trade is substantial now. Not only this, the number of big Hindu retailers has also increased a lot.

Presently there are 75 thousand powerlooms and about 60 thousand of them are located in the city. Daily about 1.5 to 2 lakh sarees are made. Several members of a family work on the same loom and on average 2 sarees are woven in a day. These days the saree trade of Mau is passing through economic slump and hard competition. The sarees of
Surat have started giving tough competition to Mau sarees. As compared to the latter, the former are lighter and look more attractive and have greater shine. Surat sarees are a little cheaper too. As a result the sarees of Surat have started replacing the sarees of Mau in the markets of Mau and the adjoining areas where Mau sarees earlier had monopoly. The weavers of Mau are not able to meet the challenge of this competition. The wages of weavers have been reduced. The payment for weaving a plain saree used to be Rs.80/- but now it has been reduced to Rs.40/- only. Likewise, the payment for making a saree with “Buta� (all over design) has come down from Rs.100/- or Rs.150/- to Rs. 80/- or 85/-. This is the collective earning of 3 or 4 persons in a family who work on the loom and not of a single person.

Moreover, the weavers of Surat are not dependent on others for material, whereas those of Mau have to depend on outside traders for material. The cost of the material also depends on the sweet will of traders. Supply of electricity is another big problem for the weavers. Electricity is available for maximum 8 hours in a day. The weavers have to somehow labour within these 8 hours to make production sufficient for their livelihood. The big traders have their own generator which the smaller ones can not afford (despite the other difficulties which the weavers faced in the curfew, they were happy that they had electricity for full day.) Another important change in this trade has come in the last 1 or 2 years only. After powerlooms now Chinese Machines are also entering this trade. This machine is used for embroidery which was earlier done manually and the cost of a Chinese machine is around 15 lakh. Due to this machine on the one hand the number of employable workers has drastically reduced, on the other hand it has presented a crisis of existence before small traders. Although just now the number of these machines is very small, in future it may create a great crisis. Presently there are about 25 such
machines in Mau.

Previous History of Riots :

The history of riots in Mau is old. As per available information, in 1969, 1983, 1984, 1988, 1990 and 2000 Mau has been victim of riots. In 1984 during riots even an officer of district administration had lost his life. Another thing to underline in this context is that after the demolition of Babri Masjid good sense and timely intervention by CPI leaders prevented
any violent incident in Mau.

Background of the Recent Riot :

Before understanding the background of this riot it is necessary to know another fact. In Mau the most important programme out of all the activities held during Dushehra, is Bharat Milap. During Bharat Milap a ‘ritual’ is performed which is important although it appears ridiculous and due to this ritual this programme has always been a cause of worry for police and administration. The site of Bharat Milap is adjacent to the Shahi Katra Masjid in an area which has majority of Muslim population. It is said that several years ago there was a controversy regarding the construction of a gate in the mosque. The controversy reached courts too. Later people from both the community deliberated over the issue and decided that when the chariot of Bharat Milap would enter the site of the programme, it would strike at the gate of the mosque thrice. Similarly the ‘ritual’ is that on the occasion of Mohharam Muslim would climb up and down three steps of Sanskrit Pathshala which is situated in the neighbouring area. Ultimately it amounts to the appeasement of the ego of both the communities !

Every year organizing Bharat Milap becomes a great challenge to administration. Always heavy security arrangement is made on this occasion and the administration remains tense until the programme is over.

This year Bharat Milap coincided with Ramzan. The day fixed for Bahart Milap was 13th October. The yatra of Bharat Milap starts late evening and reaches the site of the final programme next early morning. During this time the programme of singing Birha , a popular folk form of songs continues on this site. On the evening of 13th October Birha was being sung on loudspeakers on the above mentioned site adjacent to Shahi Katra Masjid. This was the time of reciting the Taravih in the mosque. The reciters of Taravih objected to the use of loudspeakers because of being disturbed due to loud sound. On the request of an elderly man loudspeakers stopped but after a short while they again started blurting. On this some Muslim youth snatched away the wires of loudspeakers. Police caught these young man and locked them up in police station.

During the whole episode the required effective security arrangements were absent. Some people reached police station after the news of the arrest of the young man. Under pressure the arrested youth were let off. Ram Lila Committee did not like the release of the Muslim youth. After sometime some members of Ram Lila Committee, BJP MLC
Mr. Ramji Singh, some other leaders of BJP and officers of administration reached the site for talks. Ram Lila Committee felt that in such an atmosphere the security of those who would come to see Bharat Milap could not be guaranteed, it was not possible to organize the function. After discussions with the administration the Committee decided to postpone the Bharat Milap function to October 29. The whole controversy seemed to have ended at this point. But the conflict had really not been resolved. Some organizations, it seemed, were looking for an opportunity like this. Rivalry of BJP ,established representative of Hindus and Hindu Yuva Vahini , an organization of Yogi Aditya Nath , trying to capture the space occupied by BJP was also responsible for fresh trouble. This was demonstrated by re-starting loudspeakers on 13th October.

Next day (14th October) morning workers of Hindu Yuva Vahini and Hindu Maha Sabha blocked the road near Sanskrit Pathshala which is near Shahi Katra Masjid and the site of Bharat Milap under the leadership of Ajit Singh Chandel, Puneet Singh Chandel, Sujit Kumar Singh etc. against the postponement of Bharat Milap. The choice of the place for blocking the road was sufficient to indicate the plan of confrontation and conflict. This place is considered highly communally sensitive. The residence of Chandel is also situated
on the tri-section where the road was blocked. The demonstrators were making allegations of cowardice and negligence of Hindu interest by Ram Lila Committee and BJP leaders. To heat up the atmosphere the crowd was shouting very provocative slogans. Police failed to intervene effectively at this juncture . After this as usual the riot started. Slogan shouting, stone pelting and firing… ! The firing was started by the Chandel brothers who are leaders of Hindu Yuva Vahini. Several got injured. In fact violence started from
this incident.

Regime of Violence :

The bleeding Muslim boys who were injured from the firing by Chandel brothers were carried to hospital in open rickshaw trolley and they past through the areas of which were mostly Muslim inhabited. The display of these injured boys added fuel to fire. The public thought that there was mass scale blood shed and they took these boys as dead. After this, agitated Muslims came on streets. Shops owned by Hindus in Sadar Chowk and Rauza area were targeted. Some persons were killed also. About a dozen shops in Sadar Chowk, Rauza and Kaudi Building were looted. The looted shops included Typing Shop of Jagdish Rai, Clinic of a Dentist Dr. Vijay Odhekar, Saree Shop of Ram Gopal,
Gupta radios, Raman Electrical Works, Sari Shop of IC Kedia, Cloth Shop of Dina Nath Agarwal, Jaiswal Vastralya, Sindhi Bidi, Hardware shop of Triloki, four shops on Chandpura road (in which three belong to Muslims), office of Jamia Ahle Hadith, Jadi Booti Shop of Vikram, few shops adjacent to Munshipura overbridge etc.

The shops looted in these areas largely belong to Hindus. Some of these shops are very big and old. The estimate is that they must have suffered loss of several lacs. Out of these shops three were totally burnt and damaged. It is worth attention that dozens of Hindus’ shops near these looted/burnt shops are totally safe and untouched. The damage seems to be very selective. The rumour of looting and desertion in Sindhi colony remained strong for a few days but it turned out to be false and baseless. During relaxation in curfew all the shops in this area were found to be open and full of goods.

According to some a few shops among the looted/damaged shops were under the controversy of tenancy and perhaps some persons took advantage of the prevailing
chaos and settled the matter in this way. In one of the above mentioned areas a soap godown in Goenka Bhawan behind Chandel’s residence was looted. During this time police did not act in the way in which they should have. They remained mostly inactive and ineffective. False rumour of massacre of Hindus spread. It was also widely rumored that there property had been completely destroyed and there daughters were kidnapped. These rumours were baseless but sufficient to ignite violent reaction. After this, in the Hindu
dominated new areas in the eastern parts of the city and in some other areas violence, loot, arson and destruction started and continued for several days in different stages. In these areas very selectively the shops, houses and factories owned by Muslim were targeted. Further off Sadar Chowk in the Hindu dominated Bal Nekatan a kiosk of a Muslim was burnt while three shops of Ahmad Beej Bhandar were looted and in Ali Building in Sahadatpura area several Shops owned by Muslims like Sansar Electronics, Jeans
Corner, Jeans Collection and Sana Duptta Centre were looted or burnt. This is a very big market and a large number of shops owned by Hindus adjacent to the looted
shops were fully safe. Not only this, during the relaxation of curfew if one looked at the large number of open shops, one could notice only with great difficulty that some isolated shops in the midst of these open shops were totally ruined. Very few Muslim shops remained intact in this area. The information is that to save these shops the owners paid heavy fee to the local goons.

On the Ghazipur tri-section two pure vegetarian restaurants, namely, Girhast Plaza and Paris Plaza were victims of damage and loot. The glasses on their exterior were totally damaged. Girhast Plaza was looted also although the rioters could not loot or damage them very heavily. The owners of both these restaurants are Muslims. Further ahead of Ghazipur tri-section on the by pass road Habib hospital of Dr. Asghar Ali was damaged and his new scorpio jeep and a motor cycle were charred in arson. Dr. Asghar Ali some
how managed to save his life and fled away. Further up on this road in Brahmsthan , a big complex including Ahmad Beej Bhandar was extensively looted and then set
to flames. In our visit on the 20th we saw smoke still billowing from this complex although it was 5th day of violence in Mau.

On Salahabad turn a big factory named Shimla Saree of famous Haji Mukhtar was victim of very heavy loot and arson. Three big computerized Chinese machines, about
twenty thousand sarees, computer, generator, fridge, furniture all were burnt or looted and estimated loss is of about 1 crore. Without seeing this factory it is difficult to imagine the loss. It is a matter of great surprise such a big factory and its costly gadgets had no insurance cover.

After this incident a big crowd of Muslims reached this area and indulged in loot and arson in about a dozen shops owned by Hindus in the vicinity. This arson burnt tractor, van and motor cycle etc. These shops, by and large, had the investment of small capital. Two or three shops among these were damaged also. According to some persons who spoke to us, during this violence some Hindus called Mukhtar Ansari for saving them. Even though Mukhtar Ansari reached there, violence did not stop. In the presence of Mukhtar Ansari firing took place and one person died. An FIR against Mukhtar Ansari was lodged in this case although later the complainant disowned his allegation. Now even police officers are saying tongue in cheek that the firing was not done by Mukhtar Ansari.

Further ahead of Shimla Saree factory, Modern School of Mr. Shahid and Mau Modern School of Mr. Hamid were victims of damage. Shahid and Hamid are brothers. Previously there was only one school in the partnership of both the brothers but later they set up two separate schools. Their buses were damaged and lot of other goods were burnt down. These schools are located on Salahabad turn in the midst of Hindu population. On 14th October rioters attacked a mosque near Mau Railway Station. After attacking this mosque the rioters proceeded towards another mosque adjacent to rail line. To save this mosque the Muslims from the adjoining area came forward to chase them away. These
Muslims came on the railway station. Because of their arrival although the rioters ran away but Muslims attacked the railway employees and passengers there.

One person injured in this violence died later during treatment. To quell this attack the GRP fired on the rioters as a consequence of which one Muslim boy died. The most horrifying face of this riot is Alinagar and Chhutki Rahjania. About 2 km away from Salahabad turn. These areas were targets of violence in several stages. The whole area is new habitation of Muslim weavers. Almost every house runs powerloom. The houses are made of bricks but excepting one house none has plaster on it. These weavers possess small
capital. It is said that after the events at Salahabad turn as a chain reaction these Muslim weavers’ habitations were attacked.

The first attack was made on the 14th October. Slogan shouting and stone throwing took place but as the Muslims who had come for Namaz (prayers) in the mosque of this area,
retailiated and raised alarm, the rioters ran away. The next day, that is, on October 15, Hindus from the neighbouring colony started deserting the area. Under scare and suspicion some Muslims also started fleeing.

By noon there was heavy attack on Alinagar & Chhutki Rahjania. Every one started fleeing towards the main city on the other side of the railway line leaving every thing behind. Some persons who were fleeing to save their lives fell into the hands of police and were arrested. After seeing this area the estimate is that in about 150 houses arson and loot continued for a long time. Powerlooms have been either broken or burnt down. Whatever property the houses had was looted. There are several like Nazma who had kept
jewellery and other items for the marriage of her daughter after Id and all these were looted and damaged in violence. In this area two mosque were damaged. These mosques were subjected to arson after loot. We could see the torn pieces and half burnt pieces of Quran too in the mosque and scattered outside in the fields. Residents have started returning to Alinagar but the number of such persons is still very small. By 30th October when we visited Alinagar very few members of small number of families had returned. In Chhotki Rahjania only the structure of about two dozen houses is left. Even the windows and doors alongwith the frames had been taken out by the vandals. From some houses entire powerlooms have been uprooted and taken away. The hand pumps and toilets are broken too. When we asked the persons working in the adjoining fields and the boys playing
cricket in the fields nearby who the owners of these houses were they were not ready to speak out and feigned ignorance. Even after 15 days of violence the owners have not dared to return.

Besides these areas, on Gorakhpur- Varanasi road the Narja Filling Station owned by Burhanuddin Khan was looted and burnt. Nothing in this petrol pump was found intact. Likewise, in the Hindu dominated area in Pardahan Rana Khatoon’s Rajeev Gandhi Mahavidyalaya is victim of mass scale violence. Nothing is left safe in this school. Gate, the doors, windows and even the iron grills have been taken away from this school. The things which the looters could not take away, have been damaged and reduced to ashes. The adjacent house belonging to Simran Khan also presented similar picture. It is obvious that all this work could not be done in one or two hours. It was clearly done in a leisurely way and seems to be the handiwork of those who perhaps had full confidence that the administration would not interfere. It is surprising that all this violence was perpetrated for several
hours in an area which is only a few steps away from the residence of the District Judge. One of the police personnel told us that Rana Khatoon is great supporter of sarva dharma sambhav and used to financially support the function of Krishna Janmashtami.

About 15 or 16 factories were looted in Tajpur New Industrial Estate. In these factories each had about four or five power looms. The rioters took away some of these power looms and the rest were consigned to fire. Excepting one, all others belonged to Muslims. In Salempur near Rampur Chakia approximately one and half dozen houses of Muslims were victims of loot and arson. The looms installed in these houses also suffered damage.

The garden of CPI leader Imtiaz Ahmad, located on the other side of the river, also suffered substantial loss. Four junk shop on by pass, A clinic of a doctor, Kanpur Machinery Stores (engine, motor, thrasher etc.), Airlight Machinery near old govt. hospital, dyeing factory in Ranveer Pura, about a dozen wholesale shops of vegetable market of Bhiti and
Azamgarh tri-section, the school of municipal chairman in Matlupur, many shops in Ratanpura market, Kasimpur, Devparva, Munshi Purva, Adari Indara, Chiriaya Kot, Ranipur etc. were targets of loot and arson. All these shops and factories belong to Muslims. One such shop belongs to a Muslim who used to supply tents and all other material for arranging Durga Puja every year. Some boys of Faidullapur badly beat up the Muslim Pradhan of Kurthi Jafarpur and he had to be admitted to hospital. From both the villages the respective
minorities have fled away.

As per the information we gathered till now, in this riot eight mosques were subjected to assault. These were looted, damaged and burnt. During our visit in one or two places some special type of slogans were also seen, e.g., ‘Jai Shri Ram’, ‘Jai Mata Di’,’Musalmano kaatna Hinduon se sikho’. These slogans point at a certain tendency and it is essential to
understand it.

On the 5th day of riot police filed FIR’s against about 250 persons including Mukhtar Ansari, BJP MLC Ramji Singh , Hindu Yuva Vahini Leaders Ajit Singh Chandel and Sujit Kumar Singh, BSP’s ex – MLA Nasim Ahmad on the charges of inciting riots, murder, arson and destruction.

BJP leaders tried their best to encash this opportunity to gain their lost ground. The type of statements these leaders issued in the very beginning of the riot are sufficient proof. Kalyan singh (national Vice President of BJP), Keshrinath Tripathi (state president) and Lalji Tondon (Leader of opposition in UP legislature) took up the front in Lucknow. They blamed the riots on the appeasement policy of the government. They publicly spread the rumours that the members of a particular community were fleeing from place to place to save their lives.

They made Mukhtar Ansari solely responsible for the riot. Suddenly these BJP leadres beacame very active. Keshri Nath Tripathi, on his arrest while trying to enter Mau, even said that SP government is bent upon making Muslim a majority community and, He alleged, this was the reason why selectively Hindus were being massacred. Yogi AdityaNath also said similar things on being prevented from going to Mau. Such falsehoods were repeated uttered in public and such an atmosphere belief was created as if mass annihilation of Hindus was in progress.

After lot of hue and cry Mukhtar surrendered in Ghazipur in connection with some other case and police could succeed in arresting Ramji Singh much later on 2nd November 05. Before this Mukhtar and Ramji Singh were freely roaming around and police was not arresting them despite having FIR’s against them. Ramji Singh had openly dared the state to arrest him and face the consequences. After his arrest too BJP has given a tough reaction and again dared the state to face the consequences.

The Victims of Riot :

According to the official information in three days (Oct. 14,15 & 16) eight persons died in the riot. Two died on the 14th, two on 15th and 4 on 16th. One boy died in the violence but out of fear his family members buried him without getting postmortem done. Among the dead were 5 Hindus and 4 Muslims. As per official information between 14th and 29th October 37 persons were injured. As per public information there are many other injured persons who were not sent to hospitals and thus are not included in the list. (The
official lists of the dead and the injured is enclosed.) The number of those who have been arrested till 30th of October on the charges of violence or only on suspicion is 442. Of these 205 are Hindus and 237 are Muslims. A large number of people complained of police excess. In weavers colony Muslim women and men complained that police-PAC arrested people after breaking open the door late night. Among the arrested, they alleged, were minors.

Loss :

According to one estimate more than 300 houses have been victim of arson, loot and damage, about 300 small and big business establishment, shops and kiosks have
been looted or put to flames. The biggest loser is the Muslim weaver. As per the information gathered till now approximately 150-200 power looms have been devoured by the riot. Mostly these Power looms were owned by Muslims. The temerity shown by the rioters is astounding .Many looms were dug and taken away by the looters and this operation must have taken hours.These weavers are now facing starvation.

The worst hit people are those who are daily wagers or have small earnings. The atrocious condition of Mau during riot can be gauged from the fact that even after fourteen days it could not be linked with Rail service. Even after a fortnight the situation did not permit simultaneous relaxation of curfew for a couple of hours in different parts of the city. A crisis of
bread and butter was created for the common public at the time of festivals. The happiness of Diwali and Eid had evaporated from people's lives. The total loss must be in Crores.

The Role of Mukhatr Ansari :

Mukhtar Ansari is independent MLA from Mau Sadar. Any one who takes interest in the eastern U.P. must be acquainted with the activities of Mukhtar Ansari. The base of Mukhtar is Ghazipur . The general perception of common man is that Mukhtar is a brute murderer and extortionist and it is not far from the truth as his deeds in the past have been such which should invite strictest punishment from the law enforcement system.

He is accused in several cases of murder, kidnapping and ransom. He has also been to jail several times. A characteristic of Mukhtar is that he has been mostly with the ruling parties. Presently he is a supporter of Samajwadi Party (SP). During the last BSP regime he was supporter of BSP govt. In the last assembly elections Samajwadi Party had alliance with CPI. The seat of Mau Sadar was allotted to CPI. Despite this agreement the workers of SP worked for Mukhtar instead of CPI candidate. Mukhtar also campaigned for several SP candidates on the seats of neighbouring areas.

Constant focus on Mukhtar Ansari by the media gave the impression that the assaults on Hindus were made under the leadership of Mukhtar Ansari. Not only this, Mukhtar Ansari was presented by media as the main cause of violence. To establish this the electronic media, specially ‘Aaj Tak’, repeatedly showed a clipping in which Mukhtar Ansari was shown moving around in a open jeep with armed security personnel and running behind crowd. The interesting thing was that in the whole clipping the voice of Mukhtar Ansari
was missing; the clipping was mute. According to our information this CD was made by some stringers of electronic channels who were on Mukhtar Ansari’s jeep during his visit to the riot prone area.. Obviously Mukhtar Ansari must have offered them place in the jeep. Later when the actual CD was shown , it was revealed that there Mukhtar Ansari was in an entirely different role. This CD had the voice of Mukhtar too.

He was exhorting people to go back, giving instructions to send the injured to hospital and talking to police officers. The boys injured in the firing by Chandel were lying in police station and Mukhtar Ansari Sent them to hospital in his jeep. We also got the information that when violence started in the city, Mukhtar Ansari was not present there. He was seen on the streets after several hours. According to most of the persons in both the communities with whom we talked Mukhtar Ansari was trying to pacify the crowds and he also arranged to send the injured to hospitals. The people even said that on the Salahabad turn it were Hindus who called Mukhtar Ansari to save them although he had to face stone pelting and ultimately he had to run away.

Despite all this the commonly held opinion is that mere presence of Mukhtar Ansari should have encouraged the lumpen elements in Muslim community. The question is how could Mukhtar Ansari openly moved around in the city despite curfew ? The argument of Mukhtar Ansari is that he is a legislator and as a people’s representative he came on streets to quell violence. However Mukhtar Ansari has another image besides being a people’s representative and this image can have adverse affect on such occasions as in Mau.

The Role of Police and Administration:

It is common belief that the district administration of Mau used to dance at the tune of Mukhtar Ansari and the officers of his choice were appointed in Mau. Such an administration might have been good for other things but to counter communal riots in professional ways was not possible for these officers. That is why riot continued. Mau remained under open violence for more than 72 hours. Total lack of will on the part of the state was clearly visible. According to the information given to us, on 13th October two companies of PAC were available in Mau. These were the days when district panchayat elections were being held and therefore it is quite natural to believe that a big part of the available security force might have been posted in the distant areas. On 14th October after the riots started, 3 companies of PAC, 2 companies of RAF and 4 DSP’s had reached Mau. After riots, elections in Mau were also postponed and thus the force posted for elections also became available for controlling the riots. On 15th October 3 addl. Companies of PAC, 12
DSP’s and 20 Inspectors were sent to Mau. On 16th October 2 more companies of PAC were made available to Mau administration. It is clear thus that even if on 14th October Mau administration had insufficient police force, on October 15 & 16 the available police force was sufficient in the real sense of the term to control a small place like Mau.

On 14th October both Hindus and Muslims suffered in terms of life and property. But the violence on October 15 & 16 mainly affected the life and property of Muslims. Not that the administration did not have sufficient police force in fact it is an open example of the lack of will power of the state. It looked as if the organs of the state did not wish to stop violence. Only as a fallout of this attitude of the administration Alinagar, Chhotaki Rahzania, Shimla Sadiwale, Chakia, Ali Building, Khadi Store in Ranveerpura, Narza Filing center, Ahmad Beej Bhandar, Tajpur New Industrial Estate, Areas nearby Nadi Us Paar were targeted for violence after 14 October.

Hindu Yuva Vahini and Yogi Adityanath in Purvanchal :

Whatever is happening in Purvanchal is occasionally discussed but there is no serious initiative to analyse the same. For last one decade the aggressive activities of heir of Goraksha Peeth and BJP MP Yogi Adityanath to organized Hindus was clearly reflected in the riot in Mau. During the last decade the Yogi has made this entire area, specially the area known as Gorakhpur during the times of Britishers, his laboratory. The supporters of Yogi Aditya Nath used to shout slogans at the time of his political emergence,
'To live in Gorakhpur one has to chant Yogi...Yogi' (Gorakhpur men rahna hai to yogi yogi kahna hoga). As the area of his influence is expanding, this slogan is also taking new forms. Now the slogan is, 'To live in Purvanchal, One has to chant Yogi...Yogi. (Purvanchal men rahna hai to yogi yogi kahna Hai).

The maximum influence of the Yogi is in the 7 districts of Gorakhpur Division (Gorakhpur, Deoria, Kushinagar, Mahrajganj) and Basti Division (Basti, Sant Kabir Nagar, Siddharthanagar). Now he is spreading his wings in Azamgarh Division. Mau is a part of this division.

The Yogi functions through different organizations which he calls cultural organizations. Included among these organizations are Hindu Yuva Vahani, Hindu Jagran Manch, Sri Ram Shakti Prakoshtha, Gorakhnath, Purvanchal Vikas Manch, Vishwa Hindu Mahasabha and Hindu Mahasabha. The main functionary of all these organizations is only Yogi Adityanath. A candidate has won the assembly elections on the ticket of Yogi’s Hindu Mahasabha from Gorakhpur Sadar and has reached the assembly as MLA. But the most vital organization for Yogi is Hindu Yuva Vahini. This organization comprises mostly unemployed youth, small level criminals and the youth struggling for identity. For them any small event involving Muslims becomes very important. As soon as they receive the information of such an event, the workers of Hindu Yuva Vahini reach there as the messengers of Yogi and later Yogi himself reaches . Most of their acts are destructive like arson, destruction of property and beating. A lively example is Mohanmundera episode in Kushinagar. Here a Muslim boy raped a Hindu girl and the girl died during treatment. After 3 days when Yogi came to know about this, he reached there with his Vahini workers. The property of all the 72 Muslims families was looted. Their houses were put to fire. Masjid was damaged. Police remained a neutral witness. There are several such examples.

If for any reason revenge could not be taken then they hold a meeting on the same spot where the event took place. They called such a meeting ‘Hindu Sangam’ or ‘Hindu Chetna Sangam’. When Yogi’s effort to go to Mau with his workers, after the riots started, did not succeed then he held a meeting at Dohri Ghat itself where he was stopped. This polarized Hindus and it affected the elections of district panchayat membership also. Not only this, it also emboldened the supporter of Yogi in Mau and the wrong message of mass scale massacre of Hindus was sent to the places outside the district. When Yogi Adityanath came to Lucknow in connection with a programme recently, he not only repeated the falsehood that Hindus were being massacred in Mau but also gave a warning of revenge. Some analyst contended that the spread of Yogi’s work is really the result of administrative inaction. Not only this, Yogi is also taking the advantages of the fact that the other political parties have abandoned the struggle for development.

The Role of Media:

In connection with the events of Mau the role of media remained partial on several occasions. The manner, in which TV Channels showed the clippings of Mukhtar Ansari by suppressing his voice, makes it clear that they wanted to give the message to their viewers that Mukhtar was at the center of the riot and he alone was responsible for the loss of Hindus' life and property. Whatever other allegations may be rightfully made against Mukhtar Ansari, the truth is that had media made public both the audio and the visual aspects of the CD, his image would have been entirely different. In print media too Mukhtar was presented as the main culprit. Although on the first day one newspaper clearly published that 'Stones were pelted on the Sadar MLA Mukhtar Ansari who reached the site of the riot to pacify the people', soon all the newspaper including this one presented him as the central cause of violence.

Not only this, whether it be Hindi newspapers or English papers, all of them published news giving the impression as if only Hindus were the victims of loss. Newspapers did not give any clear information regarding how the riots started and who started them. Moreover, for days together did not mention the names of the organizations or their leaders like Hindu Yuva Vahini, Hindu Mahasabha or BJP. Any names different from Mukhtar Ansari appeared in newspapers only after five days after riots when FIR's were filed against
them. 'The Times of India' went to the extent of giving a front page headline on October 18, Feeling of insecurity grips Hindus in Mau, giving the impression that exclusively Hindus were being targeted in the riot and they were all living under the shadow of fear. 'Indian Express' also published such news. In the Gorakhpur edition of the newspaper Dainik jagran
the situation in Mau was equated with that in Kashmir. In one news item it said that ' The days are not far when Mau city would become synonymous with Kashmir'. Another news item in this newspaper declared that 'the condition of Mau was much more dangerous than even the civil war in Kashmir'. Besides, the news items in the papers Amar Ujala, Hindustan, Hindustan Times etc. also painted biased pictures of Mau.

Lack of Intervention by Political Forces:

There was a time when Mau was a strong center of Leftists. Mau, Ghazipur, Azamgarh and Balia were the places where not only leftists had strong holds but from these places candidates of Communist Party of India used to get elected as MLAs and MPs. Today the situation is that the CPI candidate losses his deposit and person like Mukhtar Ansari gets elected. During the tense period after the demolition of Babri Masjid, the intervention by the communist leader (CPI) Imtiyaz Ahmad played substantial role in preventing violence. Even today people remember his role and say that had Imtiyaz Ahmad been in the city during riots, at least in Rouza and Chowk shops of Hindus wouldn't have been
looted. The major point is that when a party with a people oriented ideology and strong base in people's struggle loses its base, such forces occupy its space which flourish on riots and violence. Moreover, the silence and inaction on the part of civil society also is a cause of concern.

Example of Humanity:

'Had Muslims not saved them, how have Hindus in the old city survived?' This comment from a political worker is very important. In Mau there are several persons who saved the lives of people and challenged the rioters. There are quite a few in persons in this city like Haji Abdul Sattar, Abdul Samad and Haji Wakil who challenged the rioters in Sindhi Colony, or like Salim Ansari, Qamruzzaman and Haji Irfan who stopped the fanatics. On other hand there are people like Ashok Singh, who saved the Grihastn Plaza at Ghazipur tri-section from arson, Anil Rai who defended a furniture shop against looters, Hindu Landlords near Ali building who saved Noorkamal, Doctor Udai Narain Singh, who saved two lives, Ashok Gupta who gave shelter to Nine Muslims. In Indara a Muslim sheltered several Hindus, when a mob was approaching towards them, and had his fingers in tangled in the door, while closing it, chopped off by knife attack. The Hindus under his shelter remained safe and intact.

Parmhans Singh and Imtiyaz helped restore peace in Hindu and Muslim areas by taking rounds along with the residents of Keyari Tola and Dakshin Tola. Iqbal and his wife in Keyari tola saved Harizan Basti. They stood like rock in front of violent mob. Likewise a Muslim woman of Kasaitola near Paithan tola challenged the rioters. In Chandpura a Muslim defended a Hindu milk-trader and in Hussainpura Muslims saved a Khatal. In Chandpura grain market when rioters reached for arson, Comrade Wasiullah Hasan stood on their way, saying that the shops could be damaged only after taking his life. On Salahabad turn Singhasan Yadav helped a Muslim escape from the rioters. Some Muslims
guarded the Kaali Temple in Malik tahirpura and shops of Hindus in Ibrahim Market.

Inferences from the Riot:

1. The riot in Mau is entirely the result of the failure of the administration and the state.

2. This riot of Mau is the biggest and the most fearsome of all the riots, which took place here. For the first time on such large scale the rioters organized themselves and executed violence in a systematic manner. The loss has also been maximum.

3. According to the public Mau it is also for the first time that during the riot Schools and Hospitals belonging to minority community vandalized and large scale attacks on Mosques were made. This is a great cause of worry.

4. Power loom is life line of the weavers. Destruction of power looms is connected with their economic ruin. The weavers require immediate help in view of the destructions of the power looms.

5. What was limited to discourses only is now a naked truth before us. Eastern UP is sitting on the mouth of communal volcano. Anything may happen any time here-The riot in Mau and the violence in the neighboring areas clearly tell this. Just after the riot in Mau there were quick attempt to incite communal violence in Ballia, Ghazipur, Azamgarh,
Devaria, Merrut and Agra.

6. The intervention of secular forces is absolutely essential to stop this flow of communalism. The state will also have to show its willpower. Otherwise, several other Maus can occur.

7. Even in this violent situation , such individuals came forward in substantial number, who not only saved the lives of the persons of other community but also risked their own lives and frustrated the attempts of the rioters. This gestures is very important for all those, who have trust in humanity. The initiative of these people proves that a little bit of courage is
sufficient for chasing away the rioters.

Mau Riot 2005: report by Subhashini Ali

SUBHASHINI ALI: REPORT ON MAUNATH BHANJAN RIOTS

On the 14th of October, communal rioting broke out in the weaving center of Maunathbhanjan – known as Mau – in Eastern Uttar Pradesh. The population of Mau consists largely of weavers and others connected with the various aspects of the weaving business. Most of them belong to the minority community. There have been incidents of rioting and communal tension in the past but, for the last twenty years, there have been no clashes or major incidents. Prompt administrative action has contributed significantly to this because there are certain ‘traditions’ in Mau that lend themselves very easily to communal conflict. At the end of the Ram Lila every year, a Bharat Milap processions is taken out which stops in front of the main mosque of the town in the Shahi Katra Maidan. A stage is erected here and the Bharat Milap is enacted. For a couple of hours, the Maidan is full of those participating in the procession and loudspeakers are used while bhajans etc. are sung and recited. The entire population around this area is Muslim and they also participate in the celebrations.

History

Before Independence, when the mosque was repaired and renovated the Ram Lila committee raised an objection saying that the mosque had been extended by a few feet. The administration of the time arrived at a peculiar compromise according to which the wall of the mosque is hit three times by Ram’s chariot. Similarly, the Tazia procession during Moharram passes in front of the nearby Sanskrit Vidyalaya. In the same period, when this was renovated the Muslims alleged that this building had also been extended by a few feet and the administration resolved this issue by deciding that those carrying the Tazias at the head of the procession would climb two step leading up to the Vidyalaya (but only two) and then descend and continue on their way. As a result of these strange administrative decisions, there is often tension in the town at the time of Moharram and Dussehra and the administration has to be very alert. For a long time in the ‘40s and until the early ‘70s, Mau was a stronghold of the CPI and activists and cadres of the Left played an important role in maintaining communal harmony. The influence of the Left, however, diminished rapidly and today politics in Mau like in the rest of UP are dominated by caste and communal mobilizations, propaganda and voting.

This year, Durga Puja and Dussehra co-incided with Ramzan and the situation, therefore, became more sensitive than ever. Unfortunately, the UP Government today takes administrative decisions based on political considerations and important officials are posted because they are pliable and/or corrupt rather than because of their administrative abilities. The administration in Mau was particularly inept and completely under the influent of important politicians belonging to the ruling party. The criminalisation of politics in general and the fact that the local MLA, Mukhtiar Ansari, has an impressive criminal record obviously made matters worse. It is also extremely important to remember that the whole of Eastern UP is the region in which the Hindu Mahasabha (BJP-supported) MP from Gorakhpur, Mahant Avaidyanath
has formed various militant organizations like the Hindu Yuva Vahini. For the last few years, he has been indulging the most vicious anti-Minorities campaign going to the extent of attacking their homes, shops and persons all with complete impunity. He has consistently put himself to the right of the Sangh Parivar itself and has outdone it in the shrillness and violence of his campaigns and activities. All of these factors had a role to play in the tragedy that enveloped Mau after 13th October.

Delegation

A CPI(M) delegation consisting of Premnath Rai (State Sectt. Member), Ram Kripal (MLA) and myself visited Mau on the 30th October when curfew was lifted in the entire town for the first time. The District Committee Secretary of the Party, Veerendra Singh and other comrades – Chow. Shamsul, Imtiaz, Ramavadh Singh, Misra, Faheem etc. – joined the delegation in Mau and we went round most of the affected areas, met many of the riot victims, members of the press and also the district magistrate and other officials. At the end of our visit, we were able to come to some conclusions about what happened in Mau.

Tension

Soon after the main Durga Pandal was erected on 7th October, a tense situation developed because part of the structure was in front of some Muslim-owned buildings. When objections were raised, crowds collected and there was some verbal altercation and then stone-throwing. The police had to intervene and a police officer was injured but they acted determinedly and removed the structure. A few days before this there had been an incident when an idol from a temple was removed and then found the next day. It was very clear, therefore, that there was a great need for prompt administrative alertness and intervention.

On the 13th evening, the Bharat Milap procession was taken out and the crowd assembled in front of the mosque. Because of Ramzan, the worshippers inside the mosque were there for much longer than usual in order to recite the Taravi (Quranic verses). While their recitations were going on, the loudspeakers were turned on by the Ram Lila committee and the playing of bhajans started. Unfortunately, the members of the administration present did not do anything and some members of the Muslim community voiced their objections and verbal altercations started. There was a lot of confusion and hullabaloo after this and, it is alleged, that some miscreants removed the loudspeaker wires. In any case, senior administrative officers arrived and intervened and then spent several hours talking to Ram Lila committee members who had announced that they were suspending the Bharat Milap program. Ramjit Singh a BJP MLC who is a leader of
the Committee was present and he, along with others, finally decided that the Bhartat Milap would now be held on the 29th October. After this, everyone left the place thinking that the matter had been resolved.

On the 14th morning at about 8.00 a.m., however, the local unit of the Hindu Yuva Vahini sat on dharna in front of the adjacent police chowki, protesting against interference in their religious observances. The local police did precisely nothing and soon large crowds collected and verbal altercations were followed by stone-throwing. And then Ajit Singh Chandel of the HYV allegedly starting firing injuring 3-4 Muslim youths. This news spread like wildfire and in the nearby Rauza and Sindhi Colony area, shops and buildings belonging to Hindus were set on fire. A large printing press, several cloth shops etc were burnt. The policemen standing here ran away. The administration remained paralysed for several hours before curfew was finally imposed but by then there had been several incidents of arson and looting.

Soon after the imposition of curfew, Mukhtar Ansari made a public appearance in Mau aboard an open jeep. It has been reported that the local administration requested him to come to help them restore peace. In any case, his moving around openly after curfew had been imposed was an extremely provocative and unjustifiable act and, if the administration had in fact asked him to come, this only proves their total incompetence and criminal ineptness. In any case, he went to the Kotwali and met the wounded young men and then proceeded to an area on the main highway called Salahabad Mod (Turning).

On one side of the Turning is a very large building that houses a Sizing and Calendaring unit that belongs to Hali Atiq Simla and his brothers. This had been set on fire and a large crowd of Muslims had collected in front of it. The road turning off the Highway has many small shops and tenements inhabited by Yadavs.

Death & Destruction

We visited this area and met many people here. Ashok Gupta’s house is in front of the Simla unit and, in fact, he and his family helped the Simla family rescue their workers and salvage some of their belongings and then, they themselves, had to face arson and loot. Many of the poor Yadav families also met us. All their shops and tenements had been completely destroyed and everything they possessed had been burnt to ashes. They claimed that the crowd that was watching the Simla unit being torched was greatly provoked by Mukhtar Ansari’s arrival here and they followed his vehicle and were then responsible for the losses they suffered. In the middle of this road is the neem tree under which one Ram Pratap Yadav – a poor man who had come from his village a kilometer away to Mau for some work and to make some purchases – was shot dead. The people we talked to said that at the time that he was killed, they were running away for their lives or trying to save their families or some of their possessions and so they did not see who shot him but that the shot was fired by someone around the MLA. When we asked them if any of the Simla family were there at that time they said that did not see any of them and in any case they were busy saving themselves at the time. Only one man said that one of the brothers may have been in the crowd. These points are important because in the FIR filed by Ram Pratap Yadav’s brother, he has named Mukhtar Ansari as his brother’s killers. Subsequently, when he met the Chief Minister along with Mukhtar’s brother, Afzal, an SP MP, he retracted his earlier statement and said that, in fact, one of the Simla brothers had killed his brother.

In the afternoon of the same day, there was a mob attack on the railway station where a train was waiting and it was only because the few GRP personnel present reacted and fired into the mob that a major calamity was averted. There are two mosques near the station and one of them has suffered some damage and 2 people were killed in this incident. After this, all trains running to and from Mau were stopped for two weeks.

Further down the road from Salahabad, on the left is a large settlement of very poor weavers known as Alinagar and beyond this is another similar settlement, Chhoti Rahjaniya. 176 homes in the former and 56 in the latter have been totally destroyed. There is not a scrap of clothing left in any of them. A man and a woman were burnt alive and one man is being treated for serious burn injuries. All the looms have been either burnt or looted and all the families are completely destitute.

Damage to property all over Mau has been tremendous. While several shops and buildings belonging to the majority community have been burnt and looted, the minority community has suffered immeasurably greater losses. Large wedding halls, educational institutions, hospitals and nursing homes, shops, seed stores and hundreds of homes have been looted, burnt or reduced to rubble. In the outlying areas and semi-rural areas also there were many attacks on Muslims.

Men of Peace

In the midst of all the madness and viciousness, there was much evidence of humanity. Com. Veerendra, whose own home was looted, saved many shops and homes with a few other people in his area. Com. Shamasul and others kept 4 Hindus in their home for several days before handing them over into the safekeeping of the police. And in the whole area of Mirza Hadi pura which comprises of a large section of Mau town which is completely dominated by the Muslim community no harm whatsoever befell the majority community.

On the 16th October, the District Magistrate and Supdt. of Police were changed and the new officers were able to restore peace almost immediately. As a result of this, the Alvida Namaz on the 28th was also permitted and it passed off peacefully. By the time we visited Mau, the town was limping back to normal but the scars will not heal for some time.

Role of HYV

It is important to remember that the Sangh Parivar and the HYV left no stone unturned in their effort to spread the violence and to gain as much political mileage from the tragic events as possible. Panchayat elections were on in UP when the rioting broke out and the BJP called for bandhs in many of the nearby towns like Ghazipur and Ballia. They also made very provocative speeches and statements at press conferences in which they repeatedly referred to “Hindu genocide in Mau�. Avaidyanath tried to enter Mau with a huge mob of his supporters within days of the outbreak or rioting and had he not been prevented by the Gorakhpur administration, all hell would certainly have broken loose.

Lessons Learned

After we had gone around the town, we met the press, some political leaders and also members of the administration. From what we gathered in these conversations, there are very disturbing developments which may lead to more unfortunate events in the future. For one thing, there is intense political rivalry not only between but within political parties which results in their indulging in one-upmanship in promoting both caste and communal polarization. There is also an almost complete absence of secular individuals and groups in the public arena. With a few honourable exceptions of some journalists and Communists, all others were badly infected with the communal virus. The result was that leaders and activists of so called ‘secular’ parties were also seen looting and encouraging rioting. Another very dangerous development is that members of the Sangh Parivar and Hindu Yuva Vahini are also convinced that communal polarization and conflict is the only way out of their political decline and are also engaged in one-upanship. An example of this is the fact that while some BJP leaders were in favour of going ahead with the Bharat Milap on the 29th October, they were shouted down by the hotheads in their entourage who said that while they would not only not hold the Bharat Milap but would not celebrate Diwali either. While it is certainly true that they will have few takers for this new announcement, their determination to keep tempers high is clearly visible.

It is absolutely imperative, therefore, for the Government to come down strongly against all communal elements and to ensure peace and harmony but also to ensure that effective and able officers are posted in districts especially those that are known to be sensitive. It must also take steps to curb the dangerous activities of Avaidyanath and his cohorts and of criminals of every hue and persuasion.

While all those who died or were injured during the riots must be compensated, those who have suffered great economic losses must be helped in every way to resume their economic and livelihood related activities.

What is most important is that all left and secular groups, organizations, parties and individuals must do all that they can in Mau and in the neighbouring areas to restore some sense of trust and amity between different communities.

Minority Concentration Districts 2007

A list of 90 Minority Concentration Districts (MCDs) in India has been prepared by the Ministry of Minority Affairs. 2001 census data on population was used to identify these districts.

In addition to population data, socio-economic indicators and basic amenities indicators were studied to find out the condition of these areas. “These districts are backward with unacceptably low levels of either socio-economic or amenities indicators or both and they are in urgent need of focused attention�, said the release by the Ministry.

In 1987, a list of 41 Minority Concentration Districts was prepared based on the data of census 1971. A single criterion of minority population in a district was applied for an identification of such districts.

The government has decided to prepare and implement area/problem specific special development plans for these 90 districts. It has also been decided to ensure that the benefit of programmes of poverty alleviation, education, health and provision of basic amenities etc., reach these districts in a focused manner.

All Ministries/Departments concerned with such programmes are being advised to develop plans for these districts.

 

Sl.No.

State

District

1

Arunachal Pradesh

East Kameng

2

Arunachal Pradesh

Lower Subansiri

3

Arunachal Pradesh

Changlang

4

Arunachal Pradesh

Tirap

5

Assam

Kokrajhar

6

Assam

Dhubri

7

Assam

Goalpara

8

Assam

Bongaigaon

9

Assam

Barpeta

10

Assam

Darrang

11

Assam

Marigaon

12

Assam

Nagaon

13

Assam

Cachar

14

Assam

Karimganj

15

Assam

Hailakandi

16

Assam

Kamrup

17

Bihar

Araria

18

Bihar

Kishanganj

19

Bihar

Purnia

20

Bihar

Katihar

21

Bihar

Sitamarhi

22

Bihar

Pashchim Champaran

23

Bihar

Darbhanga

24

Jharkhand

Sahibganj

25

Jharkhand

Pakaur

26

Maharashtra

Parbhani

27

Manipur

Thoubal

28

Meghalaya

West Garo Hills

29

Orissa

Gajapati

30

Uttar Pradesh

Bulandshahar

31

Uttar Pradesh

Budaun

32

Uttar Pradesh

Barabanki

33

Uttar Pradesh

Kheri

34

Uttar Pradesh

Shahjahanpur

35

Uttar Pradesh

Moradabad

36

Uttar Pradesh

Rampur

37

Uttar Pradesh

Jyotiba Phule Nagar

38

Uttar Pradesh

Bareilly

39

Uttar Pradesh

Pilibhit

40

Uttar Pradesh

Bahraich

41

Uttar Pradesh

Shrawasti

42

Uttar Pradesh

Balrampur

43

Uttar Pradesh

Siddharthnagar

44

Uttar Pradesh

Bijnor

45

West Bengal

Uttar Dinajpur

46

West Bengal

Dakshin Dinajpur

47

West Bengal

Maldah

48

West Bengal

Murshidabad

49

West Bengal

Birbhum

50

West Bengal

Nadia

51

West Bengal

South 24-Parganas

52

West Bengal

Barddhaman

53

West Bengal

Koch Bihar

54

Andaman & Nicobar Islands

Nicobar

55

Arunachal Pradesh

Tawang

56

Arunachal Pradesh

West Kameng

57

Arunachal Pradesh

Papum Pare

58

Assam

North Cachar Hills

59

Delhi

North East

60

Haryana

Gurgaon

61

Haryana

Sirsa

62

Jammu & Kashmir

Leh (Ladakh)

63

Jharkhand

Ranchi

64

Jharkhand

Gumla

65

Karnataka

Gulbarga

66

Karnataka

Bidar

67

Kerala

Wayanad

68

Madhya Pradesh

Bhopal

69

Maharashtra

Buldana

70

Maharashtra

Washim

71

Maharashtra

Hingoli

72

Manipur

Senapati

73

Manipur

Tamenglong

74

Manipur

Churachandpur

75

Manipur

Ukhrul

76

Manipur

Chandel

77

Mizoram

Lawngtlai

78

Mizoram

Mamit

79

Sikkim

North

80

Uttar Pradesh

Lucknow

81

Uttar Pradesh

Saharanpur

82

Uttar Pradesh

Muzaffarnagar

83

Uttar Pradesh

Meerut

84

Uttar Pradesh

Baghpat

85

Uttar Pradesh

Ghaziabad

86

Uttaranchal

Udham Singh Nagar

87

Uttaranchal

Hardwar

88

West Bengal

Haora

89

West Bengal

North 24Parganas

90

West Bengal

Kolkata

 

Minority Representation and Communal Violence in States 1975-1995

The article where this graph is copied from
is here.

Muslim Women in India : Seema Kazi

A report on the status of Muslim women in India by Seema Kazi. This study was sponsored by Minorities Rights Group International and published in 1999.

You can find the pdf link below. Here we present conclusion from the full report:

On the completion of five decades of independence, women in Muslim communities face considerable challenges as citizens of India and as members of India's largest minority. Their poor socio-economic status reflects a lack of social opportunity which, though not a feature exclusive to Muslim women, is exacerbated by their marginal status within an overall context of social disadvantage for most Indian women. This point was highlighted in a study of 39 districts in 1981 (where the population of Muslims ranged from 20 per cent to 95 per cent - which could be considered a fairly representative sample of the status of Muslims in India). In the study, the literacy rate of Muslim women was found to be 21.91 per cent - lower than even the poor national average of 24.82 per cent.

According to government reports, Muslim women are among the poorest, educationally disenfranchised, economically vulnerable, politically marginalized group in the country. In 1983, the Gopal Singh Committee instituted by the government, declared Muslims as a "backward" community in India. A central feature of this "backwardness" is their exceedingly poor socio-economic status, particularly of Muslim women. Most Muslim women remain "invisible" workers in the informal economy. The Muslim share in public employment is less than 3 per cent. Within this picture of marginalization, it is a predictable certainty that the corresponding figures for Muslim women are further skewed towards the bottom. A lack of information on Muslim women contributes to the reinforcement of cultural stereotypes, serving to obfuscate their life experiences and struggles. Consequently, the notion that Muslim women's status in India is attributable to certain intrinsic, immutable "Islamic" features or that their social status derives solely from Muslim laws, is widely prevalent.

On the other hand, the appropriation of Muslim women's issues by a vocal and politically influential male Muslim constituency for political purposes poses a considerable challenge to Muslim women's legal empowerment. This was highlighted during the Shah Bano case and the passage of the Muslim Women's Bill in 1986. In a context where the Shari'a is used to justify women's subordination, it is imperative for Muslim women in India to enter the discourse on the Shari'a with reference to personal law, and challenge their historic marginalization from religious knowledge. Furthermore, it is crucial for Muslims "women and men" to debate among themselves the possible reasons and remedies for their poor status as citizens of India.

The political ascendence of the Hindu right-wing and its inherent link between politics and religion has threatened India's secular fabric. The rise of communal violence in the last two decades has undermined secular law and violated constitutional ideals of religious non-discrimination, protection of human rights, implementation of social justice and the equality of all Indian citizens as well as principles of international human rights law. Right-wing illiberalism, communal prejudice and intolerance of diversity bodes ill for all Indian women; in the case of Muslim women it heightens physical and economic insecurity, limits possibilities of renegotiating their status with Muslim men and precipitates Muslim militancy.

The lack of social opportunities for Muslim women is a crucial issue needing urgent action. An improvement in literacy rates would directly influence Muslim women's socio-economic and political status as citizens of India.

The acknowledgement of the universality of women's rights by the international community is relevant to the debate on Islam and women's rights, particularly with reference to women's rights in the family. The formation of forums and associations of Muslim men and women's initiatives in the 1990s is an important step towards facilitating public debate on Muslim women's issues. Muslim women and men must collaborate with individuals and organizations who are committed to the realization of women's human rights. The alliance of Muslim women with the women's movement in India, as well as movements for secularism, democracy and human rights, are crucial for forging a common front against forces opposed to women's self-determination.

Download pdf of full report here: www.minorityrights.org/download.php?id=130

Muslims in Bahraich, UP's Most Marginalised District

Azim A. Khan Sherwani and Yoginder Sikand

A little more than a quarter of the Muslim population of India resides in Uttar Pradesh. As numerous surveys and studies have shown, districts in UP with a relatively high Muslim population are considerably more deprived than other districts in terms of economic, educational and social indices. This reveals a certain pattern of discrimination and deprivation. One of the most deprived and marginalised districts in Uttar Pradesh is Bahraich, which is located in the north-eastern part of the state, bordering Nepal. The district has a Muslim population of some 35%. The district enjoys the dubious distinction of having the third lowest literacy rate in the state. According to the 2001 census, this is a mere 35.79%. The literacy rate for Muslims is much lower than this, since Muslims in the district are, by and large, a very economically deprived community.

The vast majority of Muslims in the district are small peasants and agricultural laborers. There is a pattern of migration for employment to Mumbai, Delhi, Lucknow, and Punjab, where they work generally as unskilled labourers. Much of the local economy is controlled by Marwaris. Many stories are told about the exploitation of the local farmers by Marwari businessmen. Most of them started as petty merchants and moneylenders and through different unfair means they became the richest people in the district. Muslims own relatively very few large businesses in Bahraich. Most Muslims involved in urban commerce are small stall-owners.

Most of the agricultural land of the district is owned by Rajputs, Brahmins and the Kurmis. The vast majority of the Muslims of the district are from the weaker sections (OBC) and till recently most of them worked as traditional artisans. Home-based artisanal work has succumbed to big industries, leading to massive unemployment. Consequently, these artisanal communities are left with no option but to be labourers in the unorganized sector, especially in agriculture. Mounting landlessness coupled with low wages is leading to rapidly escalating poverty in the district. In many parts of district the wage for agricultural labour is less than Rs 50 a day. The district lacks good infrastructural facilities. There is no direct railway link for major cities in the country. Local political leaders have never taken any interest in developing Bahraich and have displayed little interest in working for the district's Muslims.

Muslim leaders who represented Bahraich in the Parliament and the State legislature were imposed on the local Muslim population by different political parties. They took least interest in the development of the marginalized and excluded communities in Bahraich after they won or lost the elections. The government has instituted a special package for the development if the eastern districts of UP under the Poorvanchal Vikas Nidhi (Eastern Region Development Fund). However, most of the funds allocated under the scheme have been allotted to Gorakhpur (Veer Bahadur Singh's constituency during the 1980s), Ghosi (Kalpnath Rai's constituency in the 1990s) and Balia (Chandra Shekhar's constituency in the 1990s). An interesting instance about discrimination against Bahraich is establishment of Indian Telephone Industry (ITI) in Mankapur in Gonda district instead of Bahraich, where it was initially proposed. The then Member of Parliament from Gonda, Kunwar Anand Singh, exploited his contacts in the ruling Congress party to shift the industry to his constituency and the leaders of Bahraich could not stop it.

Bahraich is considered a haven for corrupt government officials from the Public Works, Irrigation, Forest, Revenue and Police Departments. Because of the high degree of illiteracy and widespread ignorance the poor continue to be victims of exploitation of government officials, who behave like feudal lords of the zamindari era. There are only a few NGOs working in Bahraich, and the majority of these are money-making rackets. Most of them are run by "upper" caste Hindus, with hardly any Muslim representation in the governing boards and staff.

In the backdrop of apathy of the government towards Muslim education, madarsas are trying to bridge the gap. They provide basic literacy to large numbers of children from very poor families free of cost. Several of them also arrange for their students to learn basic Hindi, English and Mathematics till the level of the fifth grade, after which they can enroll in regular state schools.

The district boasts some centuries' old Muslim institutions, but most of these are very badly managed. A good instance is the sprawling dargah of the eleventh century Syed Salar Masud Ghazi. This is one of the largest dargahs in UP, with an annual income of more than Rs. 1.2 crore. The shrine is visited by over a million people every year. The dargah managed by an official committee. A visit revealed that the committee is not engaged in any systematic development activity. People complain of massive corruption in the functioning of the committee. The welfare institutions that the dargah runs are in a very shoddy shape. The small hospital that the dargah has established boasts half a dozen beds that are in a wholly unusable condition. There is total apathy on the part of the government and the dargah administration in running these institutions. There is also no community participation in allocating funds to these institutions and in monitoring their functioning. Such is the apathy of the local Muslim leaders that in the vast impoverished Muslim locality in the vicinity of the dargah there is not a single primary health centre.

There appears to be a certain pattern of institutional discrimination in the establishment of government primary schools in the district. Thus, Muslim areas tend to have proportionally less such schools than non-Muslim localities. At times Muslim members in the local government recommend for the establishment of school in Hindu localities just to avoid the charge of being "communal" if they allot the school in their own Muslim community. Another major challenge to promoting education among Muslims is the lack of community initiative. One village we visited had a total of 127 students enrolled in the school but there were only 30 students appearing in the school examination. The Junior High School in the village presented a shocking picture. It has only 7 students on its rolls and we could see only 3 students present. Interestingly, the teachers revealed that the scholarship for Muslim students has not been released though the Scheduled Caste and Other Backward Caste students have got the money.

Given the extreme level of deprivation of the majority of Bahraich's population, there is an urgent need to declare the district, along with neighbouring Shrawasti and Balrampur, as an "educationally most backward district" and to initiate specially designed development projects on a priority basis. Local leaders must be involved in formulating and monitoring development plans more effectively. There is a need to start a mass movement against illiteracy and poverty. Community mobilization is not only crucial but also the most suitable and sustainable method of development. The ulama can play a vital role in engaging the community with regard to education, and efforts must be made to dialogue with and involve them in promoting Muslim educational advancement.

Institutions like dargahs should be under the direct control of the community so that their income can be used for developmental programmes. Muslims need to set up many more educational and social welfare institutions, there being hardly any of these in the district at all. All this requires a team of dedicated ulama, social activists and local community leaders working in collaboration with government agencies.

NCM report: Hyderabad 2008 Feb

Report of the four-member NCM team’s visit to Hyderabad
A four-member team of the National Commission for Minorities (NCM)
visited Hyderabad on 4-5 February 2008 to enquire into complaints against
authorities in Andhra Pradesh for allegedly targeting Muslims and Christians
in the state. On the issues faced by the Muslim minority, the main
complainants were Ms. Nirmala Deshpande, Member of Parliament, and Ms.
Nandita Rao, advocate in New Delhi. They had forwarded to the NCM
detailed reports filed by the Civil Liberties Monitoring Committee and by a
fact-finding commission set up the AP State Minorities Commission. On the
issues faced by the Christian community, the NCM had received reports and
memoranda from various Church groups.
Vice-Chairperson M.P. Pinto led the team. Its other members included Mr.
Harcharan Singh Josh, Dr. Dileep Padgaonkar and Prof. Zoya Hasan.
During its stay in Hyderabad the NCM team met relatives of individuals
who were killed, injured or detained in the Mecca Masjid bomb blast on
May 18, 2007 and in the bomb blasts at Lumbini Park and the Gokul Chat
eatery on August 25, 2007; representatives of NGOs, political parties and
religious organizations; academics and journalists; Mr. Mohammad Ali
Shabbir, the minister in charge of minority welfare affairs; Mr. Yusuf
Qureshi, Chairman, AP State Minority Commission; high-ranking police
officials and civil servants; and detainees in the Charlapalli prison. A
delegation of the team also called on the governor, Mr. N.D. Tewari, to
apprise him of the team’s mission.

ISSUES FACING THE MUSLIM COMMUNITY
The main allegation contained in the documents sent to the NCM – and
which was reiterated by the interlocutors of the NCM team – related to the
failure of the police to observe the due process of law while investigating the
three bomb blasts in Hyderabad in 2007. Examples of this alleged
dereliction of duty include the following:
- disregarding established procedures, the police fired indiscriminately
into the crowd fleeing the Mecca Masjid after the blasts which
resulted in the death of at least six persons

read more in pdf version:

http://www.indianmuslims.info/files/NCM_hyd2008feb.pdf

Orders on Gujarat by National Human Rights Commission

whitebal1.gif (898 bytes) style="text-decoration: none">Order on Gujrat Dated 1st  March, 2002
whitebal1.gif (898 bytes) style="text-decoration: none">Order on Gujrat Dated 1st April, 2002 (Substantative
Recommendation)
whitebal1.gif (898 bytes) style="font-weight: bold">Order on Gujrat Dated 1st May, 2002
whitebal1.gif (898 bytes) style="text-decoration: none">Order on Gujrat Dated 31st May, 2002 (Substantative
Recommendation)
whitebal1.gif (898 bytes) style="font-weight: bold">Order on Gujrat Dated 10 th June, 2002
whitebal1.gif (898 bytes) style="font-weight: bold">Order on Gujrat Dated 1st  July, 2002
whitebal1.gif (898 bytes) style="font-weight: bold">Order on Gujrat Dated 25 September, 2002
whitebal1.gif (898 bytes) style="font-weight: bold">Order on Gujrat Dated 28  October, 2002
whitebal1.gif (898 bytes) style="font-weight: bold; text-decoration: none">DGP, Gujarat assures
NHRC about protection to witnesses and victims

Instructions issued to all SPs and Commissioners of Police
whitebal1.gif (898 bytes) style="text-decoration: none; font-weight: bold"> face="Arial">Order on Gujrat Dated 30 June, 2003 style="font-size:12.0pt;font-family:"Times New Roman";
mso-fareast-font-family:"Times New Roman";mso-bidi-font-family:"Times New Roman";
mso-ansi-language:EN-US;mso-fareast-language:EN-US;mso-bidi-language:AR-SA">“Best
Bakery Case”
whitebal1.gif (898 bytes) style="text-decoration: none; font-weight: bold" target="_blank"> style="font-weight: bold">Order on Gujrat Dated 3 July, 2003 style="font-size:12.0pt;font-family:"Times New Roman";
mso-fareast-font-family:"Times New Roman";mso-bidi-font-family:"Times New Roman";
mso-ansi-language:EN-US;mso-fareast-language:EN-US;mso-bidi-language:AR-SA">“Best
Bakery Case”
whitebal1.gif (898 bytes) style="text-decoration: none; font-weight: bold" target="_blank"> style="font-weight: bold">Order on Gujrat Dated 11 July, 2003 style="font-size:12.0pt;font-family:"Times New Roman";
mso-fareast-font-family:"Times New Roman";mso-bidi-font-family:"Times New Roman";
mso-ansi-language:EN-US;mso-fareast-language:EN-US;mso-bidi-language:AR-SA">“Best
Bakery Case”
whitebal1.gif (898 bytes) href="http://www.nhrc.nic.in/disparchive.asp?fno=60">NHRC
decides to move the Supreme Court in Best Bakery case Transfer application also moved in
respect of 4 other serious cases

Ranganath Mishra Commission recommendations

Mishra Commission Recommends 15% Reservation for Muslims in Education & Employment
Also Recommends Inclusion of Muslim & Christian Dalits in SC List

The National Commission on Religious & Linguistic Minorities Leaded by Justice Ranganath Mishra former Chief Justice of India and Dr. Tahir Mahmood submitted its Report to the Prime Minister on 22 May, 2007 shall be formally released only after being established in the Parliament in the Monsoon Session relevant extracts of in terms of the Muslim Community an reported below. - Editor of Muslim India.
http://www.muslimindiamonthly.com/

Term of Reference No. 1 (original)

Criteria for identifying socially and economically backward classes among the religious and linguistic minorities
16.15. We recommend that in the matter criteria for identifying backward classes there should be absolutely no discrimination whatsoever between the majority community and the minorities; and, therefore, the criteria now applied for this purpose to the majority community — whatever that criteria may be – must be unreservedly applied also to all the minorities.
16.15. As a natural corollary to the aforesaid recommendation we recommend that all those classes, sections and groups among the minorities should be treated as backward whose counterparts in the majority community are regarded as backward under the present scheme of things.
16.18. To be more specific, we recommend that all those social and vocational groups among the minorities who but for their religious identity would have been covered by the present net of Scheduled Castes should be unquestionably treated as socially backward, irrespective of whether the religion of those other communities recognises the caste system or not.
16.19. We also recommend that those groups among the minorities whose counterparts in the majority community are at present covered by the net of Scheduled Tribes should also be included in that net; and also, more specifically, members of the minority communities living in any Tribal Area from pre-independence days should be so included irrespective of their ethnic characteristics.

Term of Reference No. II (original)
Measures of Welfare for Minorities including Reservation
General welfare measures
A. Educational measures
16.2.4 As the meaning and scope of Article 30 of the Constitution has become quite uncertain, complicated and diluted due to their varied and sometimes conflicting judicial interpretations, we recommend that a comprehensive law should be enacted without delay to detail all aspects of minorities, educational rights under that provision with a view to reinforcing its original dictates in letter and spirit.
16.2.5 The statute of the National Minority Educational Institute Commission should be amended to make it wide-based in its composition, powers, functions and responsibilities and to enable it to work as the watchdog for a meticulous enforcement of all aspects of minorities, educational rights under the Constitution.
16.2.6 As by the force of judicial decisions the minority intake in minority educational institutions has, in the interest of national integration, been restricted to about 50%, thus virtually earmarking the remaining 50% or so for the majority community – we strongly recommend that, by the same analogy and for the same purpose, at least 15% seats in all non-minority educational institutions should be earmarked by law for the minorities as follows:-
(a) The break up within the recommended 15% earmarked seats in institutions shall be 10% for the Muslims (commensurate with their 73% share of the former in the total minority population at the national level) and the remaining 5 % for the other minorities.
(b) Minor adjustments inter se can be made in the 15% earmarked seats. In the case of non-availability of Muslim candidates to fill 10% earmarked seats, the remaining vacancies may be given to the other minorities if their members are available over and above their share of 5%; but in no case shall any seat within the recommended 15% go to the majority community.
(c) As is the case with the Scheduled Castes and Scheduled Tribes at present those minority community candidates who can compete with others and secure admission on their own merit shall not be included in these 15% earmarked seats.
16.2.7 As regards the backward sections among all the minorities, we recommend that the concessions now available in terms of lower eligibility criteria for admission and lower rate of fee, now available to the Scheduled Castes and Scheduled Tribes, should be extended also to such sections among the minorities.
16.2.8 In respect of the Muslims – who are the largest minority at the national level with a country-wide presence and yet educationally the most backward of the religious communities – we recommend certain exclusive measures as follows:—
(i) Select institutions in the country like the Aligarh Muslim University and the Jamia Millia Islamia should be legally given a special responsibility to promote education at all levels to Muslim students by taking all possible steps for this purpose. At least one such institution should be selected for this purpose in each of those states and Union Territories which has a substantial Muslim population.
(v) In the funds to be distributed by the Maulana Azad Educational Foundation a suitable portion should be earmarked for the Muslims proportionate to their share in the total minority population. Out of this portion funds should be provided not only to the existing Muslim institutions but also for setting up new institutions from nursery to the highest level and for technical and vocational education anywhere in India but especially in the Muslim-concentration areas.
(vi) Anganwaris, Navoday Vidyalayas and other similar institutions should be opened under their respective schemes especially in each of the Muslim-concentration areas and Muslim families be given suitable incentives to send their children to such institutions.
16.2.9 As regards the linguistic minorities, we recommend the following measures:-
(a) The law relating to the Linguistic Minorities Commissioner should be amended so as to make this office responsible for ensuring full implementation of all the relevant Constitutional provisions for the benefit of each such minority in all the States and Union Territories.
(b) The three-language formula should be implemented everywhere in the country making it compulsory for the authorities to includes in it the mother-tongue of every child – including, especially, Urdu and Punjabi – and all necessary facilities, financial and logistic, should be provided by the State for education in accordance with this dispensation.
B. Economic measures
16.2.10 As many minorities groups specialize in certain household and small scale industries, we recommend that an effective mechanism should be adopted to work for the development and modernization of all such industries and for a proper training of artisans and workmen among the minorities – especially among the Muslims among whom such industries, artisans and workmen are in urgent need of developmental assistance.
16.2.11 As the largest minority of the country, the Muslims, as also some other minorities have a scant or weak presence in the agrarian sector, we recommend that special schemes should be formulated for the promotion and development of agriculture, agronomy and agricultural trade among them.
16.2.12 We further recommend that effective ways should be adopted to popularise and promote all the self-employment and income-generating schemes among the minorities and to encourage them to benefit form such schemes.
16.2.13 We recommend that the rules, regulations and processes of the National Minorities Development and Finance Corporation be overhauled on a priority basis – in the light of the recent report recently submitted by the NMDF Review Committee and in consultation with the National Commission for Minorities – with a view to making it more efficient, effective and far-reaching among the minorities.
16.2.14 We further recommend that a 15% share be earmarked for the minorities – with a break-up of 10% for the Muslim (commensurate with their 73% share of the former in the total minority population at the national level) – and 5% for the other minorities in all government schemes like Rural Employment Generation Programme, Prime Minister’s Rozgar Yojna, Grameen Rozgar Yojna, etc.
Reservation
16.2.15 Since the minorities – especially the Muslims – are very much under-represented, and sometimes wholly unrepresented, in government employment, we recommend that they should be regarded as backward in this respect within the meaning of that term as used in Article 16 (4) of the Constitution – notably without qualifying the word ‘backward’ with the words “socially and educationally” – and that 15% of posts in all cadres and grades under the Central and State Governments should be earmarked for them as follows:-
(a) The break up within the recommended 15% shall be 10% for the Muslims (commensurate with their 73% share of the former in the total minority population at the national level) and the remaining 5% for the other minorities.
(b) Minor adjustment inter se can be made within the 15% earmarked seats. In the case of non-availability of Muslims to fill 10% earmarked seats, the remaining vacancies may be given to other minorities if their members are available over and above their share of 5%; but in no case shall any seat within the recommended 15% go to the majority community.
16.2.16 Should there be some insurmountable difficulty in implementing this recommendation, as an alternative we recommend that since according to the Mandal Commission Report the minorities constitute 8.4% of the total OBC population, in the 27% OBC quota an 8.4% sub-quota should be earmarked for the minorities with an internal break-up of 6% for the Muslims (commensurate with their 73% share in the total minority population at the national level) and 2.4% for the other minorities with minor adjustment inter se in accordance with population of various minorities in various States & UTs.
16.2.17 We further recommend that the reservation now extended to the Scheduled Tribes, which is a religion-neutral class, should be carefully examined to assess the extent of minority presence in it and remedial measures should be initiated to correct the imbalance if any.
16.2.18 We recommend that the judicial reservation recently expressed in several case about the continued inclusion of the creamy layer in various classes enjoying reservation, inclusive of the Scheduled Castes and Scheduled Tribes, should be seriously considered for acceptance as a State policy.
Additional Term of Reference
Para 3 of the Constitution (Scheduled Castes) Order 1950.
16.3.4 We recommend that Para 3 of the Constitution (Scheduled Castes) Order 1950 – which originally restricted the Scheduled Caste net to the Hindus and later opened it to Sikhs and Buddhists, thus still excluding from its purview the Muslims, Christians, Jains and Parsis, etc. – should be wholly deleted by appropriate action so as to completely de-link Scheduled Caste status from religion and make the Scheduled Castes net fully religion-neutral like that of the Scheduled Tribes.
16.3.5 We further recommend that all those groups and classes among the Muslims and Christians, etc. whose counterparts among the Hindus, Sikhs or Buddhists, are included in the Central or State Scheduled Castes lists should also be covered by the Scheduled Caste net. If any such group or class among the Muslims and Christians, etc. is now included in an OBC list, it should be deleted from there while transferring it to the Scheduled Castes.
16.3.6 We further recommend that as the Constitution of India guarantees freedom of conscience and religious freedom as a Fundamental Right, once a person has been included in a Scheduled Caste list a willful change of religion on his part should not effect adversely his or her Scheduled Caste status.
Term of Reference No. III (original)
Modalities for implementing our recommendations
16.4.2 We recommend that all Central and State Acts, Statutory Rules and Regulations be suitably amended to implement those of our recommendations which in the opinion of the Ministry of Law and Justice or any another concerned authority may require such amendments.
16.4.3 We recommend the following legislative actions which in our opinion are required either for the implementation of some of our recommendations stated above or otherwise in the interest of the welfare of minorities:-
(a) Enactment of a detailed law to enforce the dictates Article 30 of the Constitution;
(b) Amendment of the National Commission for Backward Classes Act 1993;
(c) Amendment of the Constitution (Scheduled Castes) Order 1950 and the Constitution (Scheduled Tribes) Order 1951 as also of the Central and State lists of the Scheduled Castes and Scheduled Tribes;
(d) Review of the laws and rules, processes and procedures, relating to selection and notification of OBC at the Central and State levels:-
(e) Enactment of a law to clothe with statutory status and judicial enforceability the Prime Minister’s 15-Point Programme for Minorities 1983 as modified in 2006;
(f) Amendment of the National Commission for Minorities Act 1992 and the National Commission for Educational Institutions Act 2004 so as to make it necessary for the government to appoint as the chairpersons and members of these bodies – through a Search Committee as in the case of the National Human Rights Commission – only reputed experts in the constitutional, legal, educational and economic matters relating to the minorities;
(g) Necessary amendments in the Wakf Act 1993 and all the Rules framed under its provisions;
(h) Review and necessary overhaul of the laws, rules, regulations, procedures and processes relating to the National Minorities Development and Finance Corporation and the Maulana Azad Education Foundation.
16.4.4 We recommend the following administrative measures which in our opinion are required either for the implementation of some or our recommendations or otherwise in the interest of the welfare of minorities:—
(a) Establishment of a Parliamentary Committee to consider and decide in the light of the Constitution policy matters relating to the minorities;
(b) Establishment of a National Committee consisting of Chairpersons of NHRC, NCW, NCBC, NCSC, NCM, NCMEI, NMDFC, CLM, Central Wakf Council and Maulana Azad Foundation along with nominated experts for monitoring the educational and economic development of he minorities;
(c) Creation of similar bodies in all the States/UTs for the same purpose and consisting of local top-level officials dealing with minority-related matters and independent experts;
(d) Establishment of a National-level Coordination Committee consisting of representatives of all the nationalized banks and other financial institutions to work under the RBI for monitoring credit flow to the minorities;
(e) Establishment of State Minorities Commission and Minority Welfare Departments in all those States and UTs where these do not exist as of now;
(f) Decentralization of all minority-related schemes, programmes and plans so as to create suitable district-level mechanisms for their day-to-day implementation;
(g) Revision of the list of Minority Concentration Districts as suggested by the NCM in 1990s and initiating special educational, economic and general welfare measures there through the local administration;
(h) Appointment of Minority Welfare Committees consisting of official and local experts in all districts of the country to act as the nodal agencies of NCM, State Minorities Commission and all other Central and State-level bodies working for the minorities.

Srikrisna Commission Report : Mumbai Riots 1993

CONTENTS

1) Hindutva's role in riots and official complicity

2) Anti-minority bias in the Indian Police

3) Publishers Note : Who's afraid of the Srikrishna Commission Report?

4) Introduction : The 'retaliation' myth shattered

5) Volume I : Main Findings and Recommendations

6) Volume II : The Evidence

7) Response : Memorandum of Action (ATR) taken by Shiv Sena-BJP government on the report of The Commission of Inquiry

8) Annexure : Extracts from the report of the Justice D.P. Madon

Commission of Inquiry into the communal disturbances at Bhiwandi, Jalgaon and

Mahad in May 1970

Volume I

CHAPTER I

Preliminary

1.1 For five days in December 1992 (6th to 10th December 1992) and fifteen days in January 1993 (6th to 20th January 1993), Bombay, urbs prima of this country, was rocked by riots and violence unprecedented in magnitude and ferocity, as though the forces of Satan were let loose, destroying all human values and civilized behaviour. Neighbour killed neighbour; houses were ransacked, looted and burned, all in the name of religion, as if to vindicate painfully the cynical observation of Karl Marx, "Religion ... is the opium of the people". Those fateful fifteen days saw the people on the streets opiated beyond the call of right and wrong. The bloodshed persuaded the Government of Maharashtra, at the instance of the then Prime Minister, Shri P.V. Narasimha Rao, to constitute a Judicial Commission of Inquiry to inquire into the gruesome incidents of riots and violence.

1.2 By a Notification, Home Department No.FIR–5693/Bombay–1/Appointment/SP–2, dated 25th January 1993, the Government of Maharashtra constituted this Commission of Inquiry with the following Terms of Reference:

i) The circumstances, events and immediate causes of the incidents which occurred in the Bombay Police Commissionerate area in December 1992 on or after the 6th December 1992 and, again in January 1993, on or after the 6th January 1993;

ii) Whether any individual or group of individuals or any other organization, were responsible for such events and circumstances;

iii) The adequacy or otherwise of the precautionary and preventive measures, taken by the police preceding the aforesaid incidents;

iv) Whether the steps taken by the police in controlling the riots were adequate and proper and whether the police firing resulting in deaths was justified or not; and

v) The measures, long and short term, which are required to be taken by the administration to avoid recurrence of such incidents, to secure communal harmony and also to suggest improvements in law and order machinery.

1.3 After the Commission’s office and establishment had been set up, public notices were issued on 15th February 1993 calling upon all persons having knowledge about facts touching the Terms of Reference to come forth and file affidavits before the Commission. The Commission also called upon the Government and the police to file detailed affidavits putting forth their respective versions. Though, initially, the time given was upto 22nd March 1993, the time came to be extended, in response to applications for extension of time made by several prominent citizens, the State Government and the police from time to time, upto 7th June 1993. 2,126 affidavits were filed before the Commission, of which two were by Government, 549 by the police and 1,575 by members of public.

1.4 Recording of evidence commenced on 29th June 1993. As virtually the entire area falling within the Bombay Police Commissionerate had been affected by the inci

dents of riots and violence, the Commission decided to examine the incidents police station–wise, that too taking up for examination twenty � six police stations where large number of serious incidents had occurred. Evidence was recorded from day–to–day, excepting for short periods of recess requested by the police on the grounds of unusual bandobust and security arrangements.

1.5 Congress–I was the party in power in the state when the notification appointing the Commission was issued, but went out of power in the Assembly elections of 1995. The coalition government of Shiv Sena–Bharatiya Janata Party was installed by or about 11th March 1995. Consistent with its public utterances, the Shiv Sena–Bharatiya Janata Party government desired the Commission to go into certain aspects of the serial bomb blasts, which occurred on 12th March 1993 in the city of Bombay. The Terms of Reference were expanded and the following additional terms were referred to the Commission:

vi) The circumstances and the immediate cause of the incidents commonly known as the serial bomb–blasts of the 12th March 1993, which occurred in the Bombay Police Commissionerate area;

vii) Whether the incidents referred to in term (i), have any common link with the incidents referred to in term (vi) above; and

viii) Whether the incidents referred to in term (i) and in term (vi) were part of a common design.

1.6 By a Notification, Home Department No.FIR–5696/Mumbai–1/Appointment/JC dated 23rd January 1996, the Commission was disbanded on the ground that it had taken unduly long time to produce its report and that its report, even if produced, was only likely to open old wounds which had healed. As could have been expected, there was a backlash of media and public protests. A group of Writ Petitions were moved before the Bombay High Court challenging the Government’s action of disbanding the Commission. By the time the Writ Petitions were heard and about to be decided, the Government at the Centre changed and Bharatiya Janata Party led coalition assumed power for about two weeks. During those two weeks, the then Prime Minister, Shri Atal Behari Vajpayee, addressed a letter to the Chief Minister of Maharashtra, Shri Manohar Joshi, advising him to revive the Commission and the Commission was reconstituted by the Notification, Home Department No.FIR–5696/Mumbai–1/Appointment/JC dated 28th May 1996.

1.7 Time was spent from 28th May 1996 to 24th June 1996 in debating and deciding the scope of the added Terms of Reference. By public notice dated 26th June 1995, the Commission called upon all persons having knowledge of the facts and circumstances pertaining to the added Terms of Reference to file affidavits. In response to the public notice, nine affidavits were filed, of which one was from the Government, six from the police and two from a private citizen.

1.8 The work of recording of evidence was resumed from 24th June 1996, continued and came to an end on 4th July 1997, during the course of which the Commission has recorded the evidence of 502 witnesses, whose depositions run into 9,655 pages and also took on record 2,903 documents as Exhibits (about 15,000 pages) and 536 orders were passed.

1.9 Statements of Case were filed by (1) Lawyers’ Collective, (2) Committee for Protection of Democratic Rights (CPDR), (3) Bombay Bar Association, (4) Communist Party of India (CPI), (5) Jamiat-E-Ulema, (6) Bharatiya Janata Party, (7) Shiv Sena, (8) Indian Human Muslim League, (9) All–India Milli Council and (10) Akhil Bharatiya Hindu Mahasabha. Most of the parties were represented by Counsel who actively participated in the proceedings. The able assistance of all Counsel, including those for the Commission, rendered invaluable help to the Commission in deciding several contentious issues of law and the conduct of the proceedings before it.

1.10 Since proceedings before it are not adversary proceedings, and considering the enormous amount of time already spent, the Commission called upon the parties before it to file Written Submissions, if any, briefly highlighting their respective stands and their conclusions with regard to the evidence recorded by the Commission.

1.11 Lawyers’ Legal Aid Committee and All–India Milli Council, Jamiet–E–Ulema, Bharatiya Janata Part and Shiv Sena have filed their Written Submissions, which have been taken on record and considered by the Commission in making this Report.

1.12 For the sake of brevity and easy readability the Commission has given its conclusions in this Volume and discussed the evidential nuances in the Second Volume of the Report.

1.13 Communal riots, the bane of this country, are like incurable epileptic seizures, whose symptoms, though dormant over a period of time, manifest themselves over and over again. Measures of various kinds suggested from time to time dealt with symptoms and acted as palliative without effecting a permanent cure of the malaise. This Commission is aware that there are several maladies, which may have no permanent cure, but yet with effective treatment, can be contained within manageable limits. In the view of this Commission, till there is a radical change in social outlook, achieved only by total revamping of social values and widespread education, communal riots must be treated, perhaps, as an incurable disease whose prognosis calls for suitable measures to contain its evil effects. This Commission has no magical nostrum or panacea to offer, but only age–old wisdom conditioned by newer experiences.

1.14 The Commission by an order dated 13th September 1993 appointed a Committee of Expert Assessors from the Tata Institute of Social Services under the Chairmanship of Dr. R.K. Hebsur, Professor, Social Sciences, and Head, Department of Research Methodology, Tata Institute of Social Sciences, Deonar, Bombay – 400088, comprising Dr. Jacob A. Aikar a, Professor, Sociology of Education, and Head, Unit for Sociology of Education, Tata Institute of Social Sciences, Deonar, Bombay – 400088 and Dr. Chandan Sengupta, Reader, Unit for Urban Studies, Tata Institute of Social Sciences, Deonar, Bombay–400088 and Mr. S. Siva Raju, Demographist, to study the political, socio–economic, demographic and other factors contributing to the riots. The Committee of Assessors have made a report [Exhibit 2680 (C)] which is elucidating and enlightening and improved the overall perception of the Commission.

1.15 The Commission also appointed a Committee of Assessors by an order dated 24th June 1993 comprising Mr. K.F. Rustamji, I.P.S. (Retd.), (Former Director General of Police (B.S.F.), Mr. K.P. Medhekar, I.P.S. (Retd.), (Former Director General of Police, Maharashtra state), Mr. D.S. Soman, I.P.S. Retd.), (Former Director General of Police, Maharashtra State) and Mr. D. Ramchandran, I.P.S. (Retd.), (Former Additional Director General of Police, Maharashtra State) who were called upon to study the policing system in the city and make suitable suggestions to improve its efficacy. By a report dated 23rd June 1994, this Committee has also made valuable suggestions which have been considered by the Commission.

1.16 Apart from the witnesses examined before it and the reports of the experts, the Commission has also gathered material inputs from a vast body of literature on the subject.

2. The build–up

2.1 The sense of camaraderie, which existed between the Hindus and the Muslims when they were united in their efforts to throw the British out of this country, appeared to have vaporized and vanished with the "two Nation theory" advocated by

Mohammed Ali Jinnah spawning the political perfidy of partition of the country and leading to the massacre of thousands of innocent citizens on both sides of the border, uprooting and utter ruin of innocent families whose only mistake was that they happened to reside in an area predominantly occupied by the other community. With attainment of freedom and adoption of the Indian Constitution with its inbuilt guaranteed fundamental rights of minorities, apprehensions entertained by the minorities should have subsided. However, it was soon realized that the apprehensions were merely driven deeper into the psyche, to fester there and manifest themselves at periodic intervals. Creation of Special Rights in favour of the minority, though intended for allaying their fears, brought in its wake a resentment against the minorities on the part of the majority i.e. the Hindus. An atmosphere of distrust, and a feeling of "us" and "them" which existed, albeit nebulously, soon after the partition, became thickened by opportunistic politics. Piffling issues become insuperable when the mind is biased and absent the will to reconciliate. Right through the Forties, a section of Hindus started the clamour for "liberalization" (liberation) of several mosques, which according to them, were temples oppressively converted into mosques during Muslim reign. The Government at the Centre, instead of addressing itself to an acceptable resolution of the issue, dragged its feet, perhaps with the fond hope that the problem would soon disappear if swept under the carpet.

2.2 Time and again, the Hindutvawaadis (as the Hindu communal parties are popularly called) raised a shrill cry for construction of a temple at Ayodhya at the very place where the Babri Masjid stood, claiming that it was the hallowed place where Lord Shri Ram, the embodiment of all that is Indian, was born. This was, of course, stoutly resisted by the Muslims who refused to give up even an inch.

2.3 The issue became contentious and landed itself in the lap of courts. Thanks to the inevitable judicial delays, the issue smouldered in courts, till the nineties when the Bharatiya Janata Party revived it to regain lost political mileage. The Rath Yatra of Shri L.K. Advani, leader of the Bharatiya Janata Party, refocussed attention on the Ram Janmabhoomi–Babri Masjid dispute. The inevitable clashes and minor cases of rioting, which took place along the route of the Rath Yatra, as reported by the newspapers, were the distant thunderclaps portending the storm to come.

2.4 From or about July 1992, the Bharatiya Janata Party orchestrated its campaign for construction of a temple at Ayodhya by holding Ram Paduka processions, chowk sabhas and meetings using these occasions for delivering speeches, exhorting the Hindus to become united on the issue. Not only were these occasions used for exhorting Hindus to unite, but some speeches and slogans on such occasions were down right communal, warning the Muslims that dissent on the Ram Janmabhoomi –Babri Masjid dispute would be an act of treachery for which the Muslims would be banished from the country. Slogans like "Mandir Vahin Banayenge," and "Is Desh me rahana hoga to Vande Mataram kahana hoga" rent the air. Though ostensibly religious, the Ram Paduka processions had less of religion and more of politics. Under the attractive garb of advocating one’s own religion, the Hindutvawaadis politicized the issue and tried to pre–empt the issue pending in the court of law, by their strident clamour for construction of Lord Shri Ram’s temple at Ayodhya.

2.5 The vacillating attitude of the Central Government emboldened the sudden installation of the idols of Ram Lalla in the disputed structure and spawned the demand for permission to carry out pooja therein. The Babri Masjid, a dilapidated structure, which perhaps was not even used as a mosque, suddenly became a rallying point for the Muslims. Vocal sections amongst the Muslims formed the Babri Masjid Protection Committee, which called upon the Government of India to ensure that no harm would befall the Babri Masjid. Hindu religious passions were whipped up by the demand for permission to hold kar seva at the disputed spot. The first kar seva was sometime in 1991 and, barring minor incidents of rioting and police firing, there was not much serious trouble. Though, Hindutvawaadis kept up sustained propaganda that the waters of Sarayu had turned crimson with the blood of innocent martyrs shot down by the police, the issue cooled off. The waning influence of the Congress–I and the waxing popularity of the Bharatiya Janata Party aspiring to capture power at the Centre led to the declaration of a second kar seva on 6th December 1992.

2.6 The period from October 1992 to November 1992 saw hectic preparations on the part of the Bharatiya Janata Party, and its allied parties like V.H.P., Bajrang Dal and R.S.S., for the kar seva scheduled on 6th December 1992. The strident clamour of the Hindutvawaadis for construction of a temple at the disputed site grew louder every day; so did the resistance of the Muslims who were bent upon opposing the Hindus on any further concessions in the matter of using the disputed structure. Meetings, processions, placards, pamphlets issued on both sides, each fielding its most eloquent speaker to exhort the public that its point of view was right. Speaker after speaker thundered forth at the meetings about the disastrous consequences that would ensue if the Babri Masjid was harmed, or if kar seva was stopped. Hindutvawaadis roared that not permitting the construction of a temple on the sacred banks of Sarayu at Ayodhya, at the spot where Lord Shri Ram was born, was a blot on the self�respect of every Hindu; Muslim leaders harangued that any concession on the issue would put Islam into "khatra" danger). The Hindu majority, with its new–found identity, and the Muslim minority, with its heightened sense of insecurity, flexed muscles and rattled sabres.

2.7 As preparations for kar seva at Ayodhya were in full swing, large numbers of kar sevaks were recruited all over the country, expectation being that lakhs of kar sevaks would congregate for kar seva on 6th December 1992. The Government of India held rounds of unfruitful talks with the representatives of the Babri Masjid Protection Committee and representatives of the Hindutvawaadis parties. Neither side was prepared to relent. The Central Government formed a High Powered Committee consisting of the then Defence Minister, Home Secretary and other high officials to monitor the situation at Ayodhya from day to day and to keep the Prime Minister advised. The issue of safety of the Babri Masjid became subjudice before the Supreme Court, as the Babri Masjid Protection Committee apprehended that the Bharatiya Janata Party Government in Uttar Pradesh, led by Shri Kalyan Singh, would show scant regard for its safety. The issue was also raised on the Floor of the Lok Sabha. The then Prime Minister, Shri Narasimha Rao, assured the House that the safety of the Babri Masjid, and all that it represented in a secular democratic polity like India, would be fully safeguarded. A categorical undertaking was given by the Chief Minister of Uttar Pradesh before the Supreme Court that no harm would be allowed to befall the Babri Masjid during the kar seva. A categorical assurance to similar effect was also given in the meeting of the National Integration Council.

2.8 The Central Government deployed a large number of para–military forces around the Babri Masjid from or about the 1st December 1992. Though the situation was growing potentially explosive from minute to minute, as lakhs of kar sevaks congregated at Ayodhya, the Central Government was lulled into a false sense of security on account of the undertakings given to the Supreme Court and its deployment of

a large number of military and para–military forces around the disputed structure at Ayodhya. This was the general scenario on the fateful 6th of December 1992.

2.9 On 6th December 1992, a large number of local policemen, who ringed the Babri Masjid, were attempting to stop the surging multitude of kar sevaks from proceeding beyond the barricades built around it. Throngs of frenzied kar sevaks kept pushing against the para-military forces and the constabulary. It is alleged that the District Magistrate present at the spot refused to give an order of firing to the military and para-military forces and that the constabulary declined to fire on the kar sevaks whom they considered their own brethren. Hordes of kar sevaks broke through the barricades, forcibly entered the Babri Masjid structure and succeeded in demolishing it. Foreign Television media, particularly the British Broadcasting Corporation Television (BBC T.V.), showed the footage of demolition of the Babri Masjid by triumphant kar sevaks in its news bulletins hour after hour, from or about 2.30 p.m. on 6th December 1992.

3. Impact of the news of

demolition of Babri Masjid

3.1 The demolition of Babri Masjid appears to have caught the state administration and police machinery totally unawares. The intelligence inputs obtained by the state Government through its Intelligence Agencies and the Central Intelligence Agencies neither indicated nor led to the assessment that there could be damage to or demolition of the Babri Masjid. All police officers, who gave evidence before the Commission, and the then Chief Minister, Shri Sudhakarrao Naik, frankly admitted that demolition of Babri Masjid was a wholly unexpected contingency. Surprisingly, most of them learnt of the happening only through television coverage. By the time the news was officially conveyed by the Government of India’s Intelligence Agency, it was too late and things had begun to roll.

3.2 Coming events cast long shadows. Scrutiny of the Log Books of wireless communication maintained by the Police Control Room fairly portends the events to follow. In the view of the Commission, these Log Books, though in illegible and, often, indecipherable hand–writing, provide first hand information about events transpiring in the city during the crucial moments. Being contemporaneous documents, their authenticity is greater than the documents which have come into existence subsequent to appointment of this Commission. Painstaking wading through the entries in the Log Books for 6th December and 7th December 1992 gives an insight into the genesis of trouble during the crucial hours when the communal conflagration was sparked off.

4. 6th December 1992

4.1 Trouble appears to be brewing in the city even before the demolition of the Babri Masjid and percolation of the news. The chronology of events on that day :

4.2 0010 hours � 155 people gather near Ambedkar Garden at Charni Road and there is trouble near Bharat Cafe in Chembur at 0045 hours.

4.3 1134 hours � There is trouble reported near Bombay Municipal Corporation Building Dargah, Lohar Chawl, within the jurisdiction of L.T. Marg Police Station.

4.4 1100–1200 hours � There are various meetings held by kar sevaks, activists of Vishwa Hindu Parishad and Bharatiya Janata Party at different places in the city.

4.5 1233 hours � A crowd of 300/400 holds a meeting opposite Shiv Mandir, Dadar.

4.6 1400 hours � A crowd is reported near Elphinstone Bridge in Bhoiwada jurisdiction.

4.7 The Babri Masjid is demolished at about 1230 hours and the news of this event is widely publicized by the electronic media, particularly BBC News.

4.8 1640 hours � A cycle rally of 200/300 persons is taken out by the local leaders of Shiv Sena in Dharavi jurisdiction. This rally passes through several communally sensitive and Muslim predominant areas in Dharavi and terminates at Kala Killa where a meeting is held and addressed by the local activists of Shiv Sena. Provocative speeches are made at this meeting.

4.9 1952 hours � A crowd collects at Imam Wada, Bhendi Bazar in Pydhonie jurisdiction.

4.10 2033 hours � A crowd collects at Nizam Street, Masjid Cross Lane.

4.11 2042 hours � A crowd of 50/60 Hindutvawaadis collects at Jijamata Lane in Byculla jurisdiction.

4.12 2110 hours � There is stone throwing reported at Hanjar Nagar, ‘G’ Building in Jogeshwari jurisdiction.

4.13 2115 hours � Trouble is reported at Kala Killa, Chembur.

4.14 2322 hours � 500 people are reported to be indulging in stone throwing near Minara Masjid in Pydhonie jurisdiction. This becomes intensive and police become the target. The police use force and disperse the crowd successfully by 2326 hours.

4.15 334 hours � Attempted arson by an irate mob is reported near Mandvi Telephone Exchange, Pydhonie.

4.16 2344 hours � The police report having fired only one round near Minara Masjid and that about 200 people had gathered near Mandvi Head Quarters.

4.17 2352 hours � Stone throwing and soda-water bottles (throwing) is reported in Bhendi Bazar in Pydhonie jurisdiction.

4.18 2350 hours � Stone throwing is also reported near Momin Masjid, Mohammed Ali Road.

4.19 2356 hours � Private firing is reported from a building in Bhendi Bazar, Dongri jurisdiction.

4.20 2358 hours � Firing and stone throwing incidents are reported in Bhendi Bazar and Dongri jurisdictions.

4.21 The flames catch on in several parts of the city and the whole of Bombay is aflame from the next day.

CHAPTER II

Term No.(I)

The circumstances, events and immediate causes of the incidents which occurred in the Bombay Police Commissionerate area in December 1992 on or after 6th December 1992 and, again in January 1993, on or after 6th January 1993

1. Circumstances and Events

1.1 The period under study can be di vided into the following five phases:

i) Period prior to 6th December 1992;

ii) 6th December 1992 to 12th Decem ber 1992;

iii) 12th December 1992 to 5th Janu ary 1993;

iv) 6th January 1993 to 20th January 1993; and

v) The period subsequent to 20th Janu ary 1993.

1.2 Period prior to 6th

December 1992

i) This period saw intense activity on the part of Bharatiya Janata Party and its allied parties (V.H.P, Bajrang Dal and RSS) and Shiv Sena by holding several meetings, chowk sabhas and carrying out propaganda in favour of construction of the Ram temple at Ayodhya. Ghantanaad programmes organised in various parts of the city to coincide with the kar seva at Ayodhya. The Muslim organizations like Students Islamic Movement of India (SIMI) and Bombay Muslim Action Committee also carried on propaganda opposing the construction of a temple at Ayodhya and calling for Babri Masjid being left alone. Some of the speeches made during this period by both sides were likely to incite communal passion. These activities on the part of the rival communities were building up an undercurrent of communal tension, the dangerous implications of which were not fully realized by the police and the state machinery.

ii) After the formal announcement of the kar seva proposed on 6th December 1992 at Ayodhya, the Hindutva parties started recruitment of volunteers for kar seva from different parts of the city. They also started Ram Paduka processions in different parts of the city.

iii) The Rath Yatra by the Bharatiya Janata Party in support of its campaign for building of Ram Temple at Ayodhya further added to communal tension all over the country and Bombay city was no exception.

iv) Against the background of the communal tension in the city came the demolitions of unauthorized structures by the officers of Bombay Municipal Corporation. Though it is not possible to say that they were directed only against Muslims, the fact that the people then affected happened to be Muslims gave a handle for some of the affected Muslim criminal elements to step up a propaganda against the Bombay Municipal Corporation authorities. The incident of alleged desecration of religious objects and books of Muslims was a fall–out of this propaganda. The ongoing action taken by police against the criminals, though it affected both Hindu and Muslim criminal elements equally, in terms of lessening opportunities for crime and choking of finances, became an aggravating factor to some of the underworld Muslims who were also affected by the demolition drive. Some of the Muslim extremists and fundamentalists seized upon this opportunity to canvass that their religious interests were at stake and that Muslims were being subjected to systematic attack. This call to religion found a ready response amongst the Muslim youth. This explosive mixture was ready to be ignited.

1.3 6th December 1992 to

12th December 1992

A) 6th December 1992

i) News of demolition of Babri Masjid spread by 1430 hours on 6th December 1992. The cry of danger to Islam reverberated in the air. The Muslim fundamentalists seized this opportunity to aggressively propagate that Islam was in imminent danger since proponents of the Hindu nation had been allowed a free hand to destroy, in broad day light, under the very nose of the armed forces, the Babri Masjid, a standing symbol of Islam, despite assurances and undertakings by the Uttar Pradesh state Government and the Government of India that no harm would be permitted to be caused to the Babri Masjid during kar seva at Ayodhya on 6th December 1992. The repeated media coverage, particularly on television, of footage of file pictures of previous kar seva during which some of the misguided kar sevaks were seen dancing on the dome of the Masjid, as well as the latest video shots showing actual demolition of the Babri Masjid, caused a sense of deep resentment, frustration and anger in the Muslims. The ready explosive mixture was ignited by the demolition of Babri Masjid which provided the spark of ignition. The sight of large contingent of armed constabulary and Central and state para–military forces standing mutely without raising a finger to protect the mosque being pulled down and the fact that some of them were even seen to be gleeful over the said fact, caused deep hurt and anguish beyond endurance to the Muslims.

ii) The irresponsible act of the Hindutva parties in celebrating and gloating over the demolition of Babri structure was like twisting a knife in the wound and heightened the anguished ire of the Muslims. The celebration rally organised by Shiv Sena in Dharavi jurisdiction is an example. The Muslims protested, and protested angrily on the streets. Large number of Muslims congregated near Minara Masjid in Pydhonie jurisdiction at about 2320 hours on 6th December 1992 and came out protesting. Even at this stage, if the mobs had been handled tactfully and with sensitivity by the police and accepted leaders of both communities, the protest would have peacefully blown over. The police mishandled the situation and by their aggressive posture turned the peaceful protests into violent demonstrations, during which the first targets of the anger of the mob became the municipal vans and the constabulary, both visible signs of the establishment.

It is significant that the mobs were not armed, not even with stones and sticks, though they were angry and wanting to vent their spleen against anyone in authority. This situation was misdiagnosed, mishandled and turned messier.

iii) At this juncture the Hindus had nothing to complain and should have left the matter to be dealt with by the police as a problem of law and order. It is unfortunate that even at this stage the activists of Bharatiya Janata Party and Shiv Sena jumped into the fray, and escalated communal passion, as seen from their act of stopping the vehicles on roads in the jurisdiction of V.P. Road Police Station.

iv) In Nirmal Nagar jurisdiction, a Ganesh idol in the Ganesh Mandir on Anant

Kanekar Marg was found decapitated and moved out from its place of installation though the lock on the grill surrounding the sanctum sanctorum was found intact. This was noticed at about 2345 hours. Though at the time the incident happened there were no immediate clues as to the identity of the miscreants, it was widely suspected that Muslims fanatics were behind it.

v) In the jurisdiction of Deonar, there was a sharp counter–reaction by Muslims who stoned the house of a local Bharatiya Janata Party leader. The situation was getting uglier with attacks on Hindu temples in this area. Efforts of the police to control the situation brought forth forceful violent reaction from Muslims against them. Large–scale firing resulted, which perhaps justified to quell the violent riots, was construed as an unwarranted act of suppression by police of what the violent Muslim elements thought was their legitimate protest.

B) 7th December 1992

i) From 7th December 1992 onwards there was a qualitative transformation in the situation. Large mobs of Muslims came on the streets and there was recourse taken to violence without doubt. This time the Muslim mobs appear to have come out with the intention of mounting violent attacks as noticed from their preparedness with weapons of offence. There were violent attacks on the policemen in Muslim dominated areas like Bhendi Bazar and its vicinity. The jurisdictional areas affected were mostly Muslim dominated or mixed localities in which the misguided and irresponsible Hindu youths aggravated the situation by engaging the rioting Muslims, leading to a situation where the police found it difficult to restrain both sections; when the police did it by force, the police came to be attacked by both Hindu and Muslim mobs.

ii) By this time the protest had degenerated into a full–scale communal riot between Hindus and Muslims. Eleven temples in different jurisdictions were damaged, demolished or set on fire. The Hindus did not fall behind and damaged mosques and madrassas in different jurisdictions. BEST buses in the Bombay Central Bus Depot and BEST bus stops became easy targets for the Muslim mobs and were damaged and/or set on fire.

iii) Two Constables in Deonar jurisdiction were killed with choppers and swords by the rampaging Muslims. While one lay on the ground bleeding to death, the body of another was dragged and thrown into the garbage heap from where it was recovered seven days later. One constable was done to death in Byculla jurisdiction. Several police officers and policemen who bravely attempted to stem the tide sustained injuries in mob action.

iv) Jogeshwari area, which has been the hotbed of frequent communal riots saw serious riots at the junction of Pascal Colony and Shankar Wadi. A police officer on duty received a bullet injury in his head and died subsequently, though it cannot be said with certitude that it was a case of private firing. The police recovered large number of iron rods, sickles, choppers, knives and soda water bottles from different jurisdictions indicating that there was intention and preparations to carry on the communal riots.

v) Though the police found their resources stretched, they were unwilling to take the help of army for carrying out operational duties. Army columns were used only to carry out flag marches which had little impact on the, by now hardened and emboldened, rioters. The imposition of curfew from the night of 7th December 1992 also did not appear to deter the clashing mobs in view of its effete enforcement. Police intervention came about by resort to fire on 72 occasions, killing 20 Hindus and 72 Muslims and injuring 131 Muslims and one other.

C) 8th December 1992

i) On 8th December 1992 communal rioting and communal violence spread to 33 jurisdictions, the number of clashes of rioting mobs with police as well as rioting mobs inter se increased alarmingly. Attacks on places of worship also continued.

ii) The police had to resort to firing in 43 cases resulting in the death of 21 Hindus, 31 Muslims and three others. There were several cases of mob violence, stabbing and arson. One temple in Dharavi, four in Deonar, one in Park Site and one in Saki Naka were attacked. Simultaneously, two mosques in Dharavi, one madrassas in Mahim and Bhoiwada each and one dargah in Dadar were also attacked.

iii) The police firing resulted in the death of a large number of Muslims as compared to Hindus. A clamour went up that the police were deliberately targeting Muslims for attack. Perhaps as a matter of political prudence, the Chief Minister advised the commissioner of police to instruct his officers and men to ‘go easy’ with the firing. These instructions were conveyed by B.C. Message No.414 dated 8th December 1992, instructing the police to control the rioting mobs by using tear gas and lathi charge without resorting to firing.

D) 9th December 1992

i) The situation improved for better and the number of cases of mob violence, stabbing, arson and rioting showed a downward trend. The number of occasions when the police had to resort to firing dropped to 28. The police firing resulted in deaths of 17 persons (five Hindus and 12 Muslims) while 13 Hindus, 12 Muslims and six others sustained injuries. Thirty–four cases of arson resulting in loss of property and injuries to one Hindu and 10 Muslims were reported from different jurisdictions. Two temples in Ghatkopar, one mosque in Trombay and one kabrastan in Jogeshwari were subjected to attack by violent mobs.

E) 10th December 1992

i) The situation improved further with the number of police stations affected coming down to four, though serious communal riots occurred in Dharavi and Mahim police jurisdictions to control which the police had to fire on three and two occasions respectively. Two Muslims were injured in police firing within the jurisdiction of Mahim.

F) 11th December 1992

i) On this day there was one case of private firing in Azad Maidan jurisdiction in which one Hindu died and four Hindus were injured. However, there was further improvement in overall situation. There was no occasion for police to resort to firing, though 23 different police stations appear to have been affected in varying degrees.

G) 12th December 1992

i) The situation showed further improvement and the number of police stations affected came down to 14, though there also the occurrences were stray. There were three instances of police firing, one each in Ghatkopar, Bhandup and Dindoshi in which one Hindu and one Muslim were injured. Mob violence took the toll of one Hindu’s life. There were six cases of stabbing in which seven Hindus and two Muslims died and two Hindus and one Muslim sustained injuries. There were eight stray cases of arson.

1.4 December phase of the rioting petered out by 12th December 1992. The police appeared to have regained grip on the law and order situation and peace appeared to have returned. However, behind the surface there was simmering discontent and seething anger amongst the Muslims that unduly excessive police firing had resulted in large number of Muslim casualties. Media had criticized the police for having used unnecessary and excessive fire–power, going so far as to suggest that Muslims were intentionally targeted and selectively killed. This refrain was repeated by political leaders and ministers, past and current. The explanation of the commissioner of police that the aggressive and violent mobs in the initial stages comprised Muslims and,

herefore, Muslim casualties were higher, does not appear to be as far fetched as it has been made out by Muslims, nor can it be dismissed offhand. Despite standing instructions to police that the firing should be effective and directed below the waist, there were number of cases in which the victims, mostly Muslims, appear to have sustained injuries above the waist, leading to death. This per se is not suggestive of deliberate firing and wanton killing on the part of police.

The explanation of police is two–fold. Firstly, that rioters in a mob are moving targets and second, firing under attack from a frenzied mob, unlike target practice, is fraught with errors of judgment. Even a fractional error in the angle of ejection could mean drastic change in the trajectory of the projectile and wide variance in the point of impact. This explanation is not so improbable as to be rejected outright. The possibility of some of the rioters ducking to escape becoming targets and in the bargain taking the bullets in the upper regions of their body is not too remote for consideration.

1.5 Considering it from all aspects, the Commission is not inclined to give serious credence to the theory that dis–proportionately large number of Muslim deaths in December 1992 was necessarily indicative of an attempt on the part of the police to target and liquidate Muslims because of bias.

1.6 The Commission is of the view that there is evidence of police bias against Muslims which has manifested itself in other ways like the harsh treatment given to them, failure to register even cognizable offences by Muslim complainants and the indecent haste shown in classifying offences registered in "A" summary in cases where Muslim complainants had specifically indicated the names and even addresses of the miscreants. That there was a general bias against the Muslims in the minds of the average policemen which was evident in the way they dealt with the Muslims, is accepted by the officer of the rank of Additional Commissioner, V.N. Deshmukh. This general police bias against Muslims crystallizes itself in action during January 1993.

1.7 12th December 1992 to

5th January 1993

i) On 20th December 1992 two Muslims were locked inside a room and the room was set on fire in Goregaon jurisdiction as a result of which they suffered severe burns resulting in the death of one.

ii) On 24th/25th December 1992 one Mathadi worker was killed in Dongri area. Though subsequent investigation by police resulted in arrest of the accused who was an alcoholic and whose motive was far from communal, at the material time the immediate reaction was that the killing was done by a Muslim.

iii) The fires under the simmering cauldron were continuously stoked by communal activities even after the active phase of the December 1992 riots was over. There was a sudden spurt in attendance at Friday namaaz in mosques, which was interpreted by the Hindu fanatics as ominous and evidencing intent to seek revenge on the part of Muslims. The Hindus replied with their ingenious Mahaartis, ostensibly to protest against the namaaz on streets and calling of azaans from mosques, though both were going on for years and were, perhaps, no more than minor irritants. The Mahaartis were started from 26th December 1992 and kept adding to the communal tension and endangering the fragile peace which had been established. Some of the Mahaartis were later used as occasions for delivering communally inciting speeches and the crowds dispersing from the Mahaarti indulged in damage, looting and arson of Muslim establishments in the vicinity and on their way. The Mahaartis continued unabated throughout January 1993 and came to an end only by or about the first week of February 1993.

iv) The last week of December 1992 and first week of January 1993, particularly between 1st to 5th, saw a series of stabbing incidents in which both Hindus and Muslims were victims, though the majority of such incidents took place in Muslim dominated areas of South Bombay and a majority of victims were Hindus. The stabbings appeared to be executed with professional accuracy intended to kill the victims. The killers had not been then identified in several cases, though it was presumed, at least in the cases where the Hindus were victims, that the killers were Muslims. The motive for the stabbings appears to have been to whip up communal frenzy between Hindus and Muslims.

Some of the Muslim criminal elements operating in South Bombay, like Salim Rampuri and Firoz Konkani, have been identified as the brains behind the stabbing incidents. That they were criminals was underplayed by Hindus; that they were Muslims was all that mattered, and a cry went up that the Muslims were bent upon a second round of riots.

v) On 1st January 1993 there was an article in Saamna under the caption "Hindunni Akramak Vhayala Have", openly inciting Hindus to violence.

vi) On 2nd January 1993 a number of Muslim hutments in M.P. Mill Compound in Tardeo jurisdiction were set on fire. On the same day there was an incident in Dharavi jurisdiction in which two Muslims were assaulted with iron rods by Hindus.

vii) On 3rd January 1993 there was an attack on a Muslim in Dharavi jurisdiction with a knife. On the same day, several persons claiming to be officials of MHADA, and alleged to be Shiv Sainiks, went around Pratiksha Nagar in Antop Hill jurisdiction surveying the residences of Muslims there.

viii) On 4th January 1993 a big mob of Hindus led by Shri Gajanan Kirtikar, Shri Ramesh More and other Shiv Sena activists took a morcha to the Jogeshwari Police Station complaining of lack of security for Hindus. Some of the people in the morcha attacked Chacha Nagar Masjid and the Muslims in the vicinity and injured them. Several Muslim huts in Magdum Nagar in Mahim jurisdiction were set on fire by Hindus.

ix) On the night of 5th January 1993 a Mathadi worker employed in the godown of Vijay Transport Company who was sleeping in the godown went to the street to relieve himself. Suddenly, he was set upon by miscreants who stabbed him to death. Three more Mathadi workers who came out of the godown to help him were also stabbed to death. The murders of the Mathadi workers created tremendous tension in the area. The Mathadi workers’ Union called for a Bandh. Huge meetings were held which were addressed by leaders of Mathadi Unions. Speeches were made during this meeting to condemn the police and Government for their ineffectiveness with exhortations that Hindus might have to pick up swords to defend themselves if the police failed to protect them. At the time when these murders of Mathadi workers took place, neither the police, nor the public, had a clue as to the identity of the killers, which came to be established much later. Nonetheless, the Hindus spearheaded by the Shiv Sena kicked up a furore that the murders had been committed by Muslims, virtually giving a call for arms. On 5th/6th 1993 the Mathadi workers gave a call for bandh of wholesale markets, which also gave immense publicity to the murders of the mathadis allegedly by Muslims.

1.8 6th January 1993 to 20th

January 1993

i) On 6th January 1993 there were several cases of stabbing in Dongri, Pydhonie, V.P. Road and Nagpada jurisdictions in which the victims were innocent pedestrians who were stabbed after ascertaining their identity. Rumours of imminent attacks by Muslims swept the city and the police were unable to scotch them. Despite repeated denials of such rumours by the police, the public did not believe them. Cases of stabbing, arson, mob violence and attacks on private and Government properties occurred in Don

gri, Pydhonie, V.P. Road, Nagpada, Tardeo, Mahim, Dharavi, Nirmal Nagar, Chembur and Kherwadi police stations. Most of the stabbing cases occurred in isolated lanes and bye–lanes and by the time police arrived on the scene, the miscreants would vanish. In all, 18 cases of stabbing were reported by the evening of this day of which eight were from Pydhonie, two from Dharavi, two from V.P. Road, two from Nagpada and one each from Nirmal Nagar, Kherwadi and Andheri. These stabbing cases resulted in one Hindu, one Muslim and two others being killed and 13 Hindus, one Muslim and one other being injured. Mob violence accounted for the deaths of seven Hindus and one Muslim and injuries to nine Hindus and eight Muslims.

ii) The situation in Mahim went out of control at 2100 hours. Hindus attacked Muslims in Muslim pockets in Mahim area led by Shiv Sena Corporator, Milind Vaidya, and a police constable, Sanjay Gawade, openly carrying a sword. There were serious riots in which frenzied mobs of Hindus and Muslims attacked each other.

1.9 Curtains went up for the second phase of the riots in the city.

1.10 7th January 1993

i) The violence and riots spread to several parts of the city. There were more deaths and more stabbings and 16 police station areas (Pydhonie, Dongri, Agripada, Gamdevi, V.P. Road, Byculla, Bhoiwada, Nagpada, Kherwadi, Nehru Nagar, Kurla, Deonar, Trombay, Bandra, Vakola and Jogeshwari) were affected by serious riots. The stabbing incidents resulted in deaths of 16 Hindus and four Muslims and injured 41 Hindus and twelve Muslims. Eleven cases of mob violence occurred in different jurisdictional areas, killing two Hindus and injuring ten Hindus and two Muslims. Seven cases of arson were reported on that day in which, apart from huge property loss, two Hindus were killed; five Hindus and two Muslims were injured. A dargah in Pydhonie jurisdiction and another dargah in V.P.Road jurisdiction were attacked by Hindu mobs. The police resorted to firing on four occasions, resulting in injuries to 6 Hindus and 5 Muslims. Violent mobs of Hindus and Muslims kept attacking each other and the police when they tried to intervene. The mobs also created roadblocks to prevent the police and fire-brigade from reaching the sites of incidents for rendering assistance. A taxi in which two Muslims were travelling was set on fire in Pratiksha Nagar, Antop Hill jurisdiction resulting in the two Muslims being burnt alive.

1.11 8th January 1993

i) During the wee hours of 8th January 1993, at about 0030 hours, some of the Hindu residences in a chawl popularly known as Radhabai Chawl in Jogeshwari jurisdiction were locked from outside and set on fire by miscreants. One male and five female members of a Hindu family (Bane) and their neighbours were charred to death and three other Hindus sustained serious burn injuries. One of the victims was a handicapped girl. This incident was sensationalized by the media by giving exaggerated and provoking reports.

ii) The Hindu ‘backlash’ commenced. The communal riots spread to the jurisdictions of Pydhonie, Dongri, Jogeshwari, M.R.A. Marg, L.T. Marg, V.P. Road, D.B. Marg, Gamdevi, Nagpada, Agripada, Byculla, Kala Chowki, N.M. Joshi Marg, Worli, Bhoiwada, Dadar, Mahim, Dharavi, Kurla, Nehru Nagar, Trombay, Chembur, Bandra, Nirmal Nagar, Ghatkopar, Vikhroli, Parksite, Vakola, Oshiwara, D.N. Nagar, Jogeshwari and Aarey sub–police stations. Sixty–six stabbing cases were reported from different jurisdictions, in which 11 Hindus, 15 Muslims and two others were killed and injuries caused to several Hindus and Muslims. Forty–eight cases of mob violence occurred in which six Muslims were killed and 11 Hindus and 17 Muslims and one other received injuries. Thirty–one cases of arson were reported which, apart from causing loss of property, resulted in deaths of six Hindus and two Muslims and injuries to five Muslims and two Hindus. A dargah and mosque in Pydhonie jurisdiction, a kabrastan and a madrassa in Jogeshwari jurisdiction and a temple in Byculla jurisdiction were attacked and damaged. Police resorted to firing on 31 occasions in different jurisdictions resulting in the killing of nine Hindus and 18 Muslims and injuries to 20 Hindus and 24 Muslims and one other. Several raids conducted by the police resulted in seizure of weapons of offence like broken tube lights, swords, petrol bombs and daggers.

iii) That the rioters had become defiant and the authority of the police was considerably eroded, appeared clear when a crude bomb was hurled at the police commissioner’s car from one of the buildings in Pydhonie jurisdiction and exploded on the road. The commissioner of police and his staff had a lucky escape, though the severity of the explosion caused a big dent on the road. Eleven army columns were deployed by the police to do Flag March in different areas. Curfew was imposed in areas where it was considered necessary.

1.12 9th January 1993

i) The riots continued unabated in 43 police station jurisdictions. Fifty–seven cases of stabbing resulting in death of eight Hindus and 18 Muslims and injuries to 27 Hindus, 33 Muslims and one other, were reported. Ninety–seven cases of mob violence occurred in various parts of the city resulting in the death of one Hindu and six Muslims and injures to 19 Hindus and 24 Muslims. Seventy-three cases of arson were reported from different jurisdictions which caused loss of property, death of three Hindus and six Muslims and injures to four Hindus and six Muslims.

ii) The Shiv Sainiks mobilised themselves for retaliating against the Muslims. The shakhas in different jurisdictional areas turned into centres of local commands. The attacks on Muslims by the Shiv Sainiks were mounted with military precision, with list of establishments and voter’s lists in hand.

iii) Police suspected terrorists to be holed up on the terrace of Suleman Usman Bakery in Pydhonie jurisdiction. Operation launched against the alleged terrorists by the Special Operation Squad (SOS) under the direction of joint commissioner of police, R.D. Tyagi, and extensive firing by the SOS resulted in deaths of nine Muslims. The police failed to apprehend even a single so–called terrorist, nor did they seize any fire–arms, sophisticated or otherwise, from which firing was done at them, as claimed.

iv) Fifty–two cases of police firing occurred in different jurisdictions, killing 15 Hindus, 22 Muslims and one other. Police combing operations resulted in seizure of stocks of swords, iron bars, choppers, kerosene cans, acid bulbs and soda water bottles from different areas.

1.13 10th January 1993

i) Twenty–six army columns were deployed for carrying out flag marches and for the first time the Government issued instructions to the commissioner of police that the army personnel may be directed to do operational duties by resorting to firing after taking control of a situation. Fifty–one police stations were affected by the riots. Eighty–one cases of stabbing occurred in different jurisdictions resulting in deaths of 10 Hindus and 39 Muslims and injuries to 24 Hindus and 42 Muslims. One hundred and eight cases of arson occurred in which there was property loss, death of one Hindu, five Muslims and two others, while one Hindu, one Muslim and one other were injured. Attempts of the fire brigade to reach the places of fire were frustrated by the rioters who not only blocked the streets but also threatened the fire brigade staff and resorted to stone throwing against the fire brigade vehicles. Fires blazed uncontrolled.

Mob violence was reported from 25 jurisdictions causing deaths of two Hindus, nine Muslims, while 13 Hindus, 27 Muslims and two others were injured.

ii) The police were given orders to fire by B.C. Message No.454 dated 10th January 1993 at about 1140 hours and resorted to firing on 82 occasions, resulting in deaths of 22 Hindus, 23 Muslims and one other, while injuries were caused to 77 Hindus, 27 Muslims and two others. Police seized large number of swords, choppers, tube lights, fire balls, soda water bottles, iron bars, guptis and also one country made revolver. The situation was very grave in several jurisdictional areas. Even normally law-abiding citizens seemed gripped by the communal frenzy and were seen attacking members of the rival community. Peace committee members, politicians and other social workers were conspicuous by their absence. Communal hatred and fear psychosis appeared to have overtaken the citizens of Bombay making tolerance and reason prime casualties. Rumours about attacks from rival community swept the city.

1.14 11th January 1993

i) The situation continued to be serious. Fifty–two police stations were affected by communal violence in varying degrees. Eighty–six cases of stabbing occurred in different jurisdictions resulting in the death of 11 Hindus, 44 Muslims and one other; 23 Hindus, 58 Muslims and one other were injured. Four Hindus, 19 Muslims and two others were killed in 129 incidents of mob violence in different jurisdictions. Ninety–three cases of arson in different jurisdictions resulted in the death of two Hindus and 12 Muslims and injuries to seven Muslims. Police firing on 67 occasions caused to deaths of 19 Hindus and seven Muslims and injuries to 45 Hindus, 21 Muslims and two others. The army column was used for operational duty in Dadar jurisdiction where it fired on a riotous mob of Hindus without causing any injuries.

ii) Police raids unearthed several swords, knives, choppers, kerosene bottles, acid bulbs, tube lights, one country made revolver and live cartridges.

1.15 12th January 1993

i) A gruesome incident occurs in Devipada in Kasturba Marg jurisdiction. A Hindu mob surrounds, strips and assaults two Muslim women. The older woman manages to run away. The uncle of the younger woman who comes to rescue the young girl of 19, and that girl, are beaten and burnt alive by the violent mob. The names of the miscreants are disclosed to police by a Hindu lady in the locality. (Though the miscreants were arrested and tried by the Sessions Court at Bombay, later on they were all acquitted on the ground that the panchanamas were defective and that the eye–witnesses were not produced).

ii) Police resorted to firing on 31 occasions in different jurisdictions resulting in the deaths of four Hindus and six Muslims and injuries to 23 Hindus and seven Muslims. Fifty–six cases of stabbing occurred in different areas resulting in the deaths of three Hindus, 27 Muslims and injuries to 11 Hindus and 41 Muslims. Seventy–one cases of mob violence in different areas occurred in which one Hindu and six Muslims were killed; nine Hindus and 21 Muslims were injured. Seventy cases of arson were reported from different police stations, in which two Muslims were killed and one Muslim was injured.

iii) The army column, detailed to rescue a group of besieged Muslims in Antop Hill jurisdiction is attacked by a violent Hindu mob, resorts to firing to disperse the mob. Army column resorts to firing within the jurisdiction of Trombay jurisdiction against another rioting mob of Hindus killing one Hindu and injury to one.

1.16 13th January 1993

i) The situation improves slightly in several areas; the number of affected police stations comes down to 48; stabbing cases to 36; mob violence to 67 and arson to 51. The police resort to firing on 24 occasions resulting in the killing of one Hindu and two Muslims and injuries to six Hindus and four Muslims. Mob violence takes a toll of the lives of three Muslims and injures eight Hindus and 18 Muslims. Stabbings cause the death of one Hindu and 16 Muslims, while eight Hindus and 10 Muslims and one other are injured. Arson kills five Muslims and two others and causes injuries to four Muslims, apart from destruction of property.

1.17 14th January 1993

i) The situation shows substantial improvement. The number of affected police stations comes down to 40, the number of arson cases drops to 39, in which one Hindu and five Muslims were killed apart from loss to property; mob violence is reported only in 34 cases in which one Muslim and three others are killed and seven Muslims are injured; the police resort to firing only on four occasions in which no one is killed and two Hindus are injured. Stabbing cases resulted in death of four Hindus and 12 Muslims and three others, while seven Hindus, 12 Muslims and one other are injured. The deployment of army columns is increased to 35.

1.18 15th January 1993

i) There is further improvement in the situation; the number of police stations affected comes down to 29; mob violence occurs only in 24 cases resulting in death of two Muslims and four Hindus and injuries to eight Muslims. The number of stabbing cases comes down to 12 in which one Hindu and 11 Muslims are killed and three Hindus and five Muslims are injured; the number of arson cases comes down to 25 in which there was only loss of property without death or injury to anyone. The police resort to firing only on two occasions which result in killing of three Muslims, one Hindu and injuries to 14 Muslims. Army column deployed at Nirmal Nagar resorts to firing to quell a riotous mob.

ii) The Prime Minister of India, Shri Narsimha Rao, makes a quick tour of the riot affected areas amidst heavy security arrangements.

1.19 16th January 1993

i) The situation shows further improvement. Only 15 stray cases of stabbing are reported in which 12 Muslims are killed and injuries caused to eight Hindus and seven Muslims. Seven mob violence cases occur resulting in injury to one Muslim; 23 stray cases of arson are reported in different areas in which there is only property loss. Police firing comes down to two cases in which none is injured.

1.20 17th January 1993

i) The situation seems to be improving for the better. There is no occasion for the police to resort to firing. Three cases of stabbing are reported from different areas in which one Hindu and two Muslims were injured; three minor cases of mob violence occur causing injuries to five Hindus and thirteen Muslims; and six minor cases of arson reported in which, apart from loss of property, one Muslim is killed and one Hindu is injured.

1.21 18th January 1993

i) There was no occasion on which police resorted to firing on this day. There was one case of stabbing resulting in the killing of one Muslim, three minor cases of mob violence in which none was injured; five stray minor cases of arson were reported in which none was injured.

1.22 19th January 1993

i) The city appears to be limping back to normalcy. Five stray cases of stabbing are reported in which one Muslim was killed and two Hindus and two Muslims were injured. Though nine stray cases of arson are reported, there was no loss of life or injury.

1.23 The period subsequent to

20th January 1993

i) From 20th January 1993 onwards

there was no major communal incident despite a few stray cases being reported. The rumour mills worked overtime and rumours about imminent attacks and explosions likely to occur were thick. Call was given out by Imam of Jama Masjid that Muslims should boycott the Republic Day and hoist black flags on their establishments and houses. Police maintained continued vigil along with the army and para–military forces.

ii) On 25th January 1993, there is a minor riot in Dharavi jurisdiction which is quickly controlled by police firing without any death or injury.

iii) 26th January 1993 passed off peacefully in all jurisdictions except Dindoshi where the police resorted to firing in which two Muslims were killed and three Muslims were injured; mob violence caused injuries to two policemen and two Muslims.

iv) During the subsequent period in January the situation in the city slowly comes back to normalcy.

1.24 The final tally of casualty figures for December 1992 and January 1993 are as under :

Dead � 900(575 Muslims, 275 Hindus, 45 unknown and 5 others). The causes for the deaths are police firing (356), stabbing (347), arson (91), mob action (80), private firing (22) and other causes (4).

Injured � 2,036 (1105 Muslims, 893 Hindus, and 38 others).

1.25 Immediate Causes :

Socio-Economic, Demographic and Political Factors

i) A communal riot has several causes, some are political, some socio–economical and others demographic. Since it was impossible for the Commission itself to undertake a study of these factors it appointed a committee of experts from Tata Institute of Social Sciences, to undertake an analysis of the causative factors for the December 1992 and January 1993 riots from these perspectives.

ii) The expert panel submitted a report giving various theoretical formulations for analysing communal riots as a social phenomenon. It also collected and analysed the data available to examine how far different factors were responsible for the riots of December 1992 and January 1993 and presented its conclusions tersely in Chapter�III of the report. After studying the conclusions of the expert panel, the Commission is inclined to accept the report and conclusions drawn by the panel of experts from TISS. Class conflict, economic competition, decline in employment opportunities and changing political discourse are some of the immediate causes for urban riots in different studies undertaken by sociologists. How far they are relevant or they are responsible for the riots of December 1992 and January 1993 in Bombay city is discussed below:

A) Class Conflict

i) The theories of class conflict, viz. class stratification coinciding with religious cleavages or the dominant property group trying to raise bogie of (Hindu) communalism in order to mute or deflect the rising demands of the (Muslim) under–privileged are hardly applicable to Bombay. Muslim communalism in Bombay is not due to their comparing themselves with affluent Hindus or because of their feeling of being exploited by Hindus.

ii) There is also no evidence to suggest that the riots on such large scale could have been engineered by builders or land–grabbers, though land–grabbing may have occurred on certain occasions as a consequence of riots.

B) Economic Competition

i) There is no adequate data to conclude that factors of economic competition between the ethnic groups and the ethnic division of labour caused the riots. The city has not witnessed any rising Muslim bourgeoisie competing with Hindu bourgeoisie. The Muslim community in Bombay has hardly produced sufficiently large number of educated youth to compete with educated Hindu youth for the white collared jobs. There is also no evidence that Hindus had encroached upon the traditional economic activities and businesses like bakery, poultry, leather, goods, timber etc. in which Muslim businessmen have sizeable share. There is no material to show that Hindus felt any threat of displacement from their usual economic enterprises. On the other hand, large exodus of Muslims during the riot periods affected garment industries in which there is economic interdependence of Hindus and Muslims.

C) Decline of Employment in

Organised Sector and Growth of Informal Sector

i) The employment in organised sector which provides stable jobs and hence is coveted has declined since 1971 in the city and the decline has been quite sharp between 1981 to 1990. There is also decline in employment in large factories over the same period. This economic decline could have generated frustrations mainly among unemployed youth and poorer sections. De–industrialisation of Bombay has generated unemployment in organised sectors while inflation has hit hard even those in jobs. This is another powerful source of frustration which could have contributed to make the city vulnerable to communal violence.

ii) More than half of the employed people in Bombay are employed in the informal sector � the sector which has no legal existence and is not accountable to any one. The world of informal sector is lawless, cruel and harsh with rank exploitation of workers. There is neither protection of any labour laws, nor job security in this sector. It is possible that informal sector workers are likely to be first victims of communal aggression and, conversely, it is also probable that they are easily susceptible to be drawn into communal riots.

iii) There has been almost a three–fold increase in the slum population as compared to 1961. The number of footpath dwellers and dwellers in slums, has also sizably increased. Though not necessarily under the poverty line, life under such conditions involves misery and lack of civic amenities. This is likely to produce in them frustration–aggression syndrome. Thus, the relative deprivation in regard to economic situation in Bombay is also a relevant factor facilitating ethnic violence.

D) Density of Population

i) Increasing density of population of the city is a factor which has generally affected life in Bombay. The average number of occupants for one room tenement is higher in Bombay than the other metropolises. Though there is no concrete proof of ghettoisation, the concentration of minority community in distinct pockets has probably led to withdrawal and exclusivist tendency among its members. Given the historical antecedents, national contexts and peculiar economic and political situation in Bombay, such demographical changes might have created the potential for communal mobilization. All over the world such tendencies draw the ire of the majority community.

E) Changing Political Discourse

i) The political discourse has changed over the decades throughout the country. During the early years the themes of parliamentary democracy, respective merits of public versus private sectors used to dominate political discourse. Suddenly, all this has yielded place to communal discourse. Bombay is no exception. On the other hand, it has other aggravating factors like decline of organised sector employment, phenomenal growth of informal sector, presence of vocal Hindutva parties and increasing assertion of Muslim ethnic identity and the like.

ii) Originally confined to the forward caste the middle class in Bombay, Hindutva

has recently gained currency and fashionableness and its appeal cuts across economic strata and linguistic divisions. Issues like reversal of Shah Bano decision and singing of Vande Mataram and the aborted co-operative endeavour between Bharatiya Vidya Bhavan and Anjuman–e–Islam and the alleged appeasement of Muslims have increasingly helped the acceptance of Hindutva among the Hindus. The Muslims on their part have been driven more and more to assert their identity and become increasingly exclusive.

iii) Unlike elsewhere in the country, the Muslims have not acquired sufficient political clout, nor have they been able to increase their representation in Bombay Municipal Corporation or in the Legislative Assembly. This has contributed to the Hindutva idiom gaining ground.

iv) Thus, over the years various social, political, economic and demographic factors prepared the ground for communal violence and riots. The socio–economic and demographic factors contributed to development of a situation conducive to ethnic violence. The political factors aggravated the cleavages between the ethnic groups, functioning as proximate contributory cause for riots and violence in Bombay.

1.26 December 1992

i) The immediate causes of the communal riots on 6th December 1992 were: (a) the demolition of Babri Masjid, (b) the aggravation of Muslim sentiments by the Hindus with their celebration rallies and (c) the insensitive and harsh approach of the police while handling the protesting mobs which initially were not violent.

1.27 January 1993

i) As far as the causes for January 1993 phase of the rioting is concerned, the Commission does not accept the theory that it was merely a backlash of the Hindus because of the stabbings, Mathadi murders incidents and the Radhabai Chawl incident.

ii) The events which took place between the period 12th December 1992 and l5th January 1993 indicate that there were attacks going on against the Muslims and their properties in different areas; there were also several stabbing incidents carried out by professional criminals in different areas of the city, with the intention of whipping up communal frenzy, in which the majority of the victims happened to be Hindus (two of the notorious Muslim criminals Salim Rampuri and Feroz Kokani were subsequently identified to be behind the Hindu stabbings); the communal passions of the Hindus were aroused to fever pitch by the inciting writings in print media, particularly Saamna and Navaakal which gave exaggerated accounts of the Mathadi murders and the Radhabai Chawl incident; rumours were floated that there were imminent attacks by Muslims using sophisticated arms. These factors impelled some of the irresponsible and hot–headed Hindu elements to take to violence. From 8th January 1993 at least there is no doubt that the Shiv Sena and Shiv Sainiks took the lead in organizing attacks on Muslims and their properties under the guidance of several leaders of the Shiv Sena from the level of Shakha Pramukh to the Shiv Sena Pramukh Bal Thackeray who, like a veteran General, commanded his loyal Shiv Sainiks to retaliate by organised attacks against Muslims. The communal violence and rioting triggered off by the Shiv Sena was hijacked by local criminal elements who saw in it an opportunity to make quick gains. By the time the Shiv Sena realized that enough had been done by way of "retaliation", the violence and rioting was beyond the control of its leaders who had to issue an appeal to put an end to it.

1.28 Effete political leadership, vacillation for political reasons and conflicting orders issued to the commissioner of police and percolated downwards created a general sense of confusion in the lower ranks of the police, resulting in the dilemma, ‘to shoot, or not to shoot’. Four precious days were lost for the Chief Minister to consider and issue orders as to effective use of army for controlling the riots.

1.29 The built–in bias of the police force against Muslims became more pronounced with murderous attacks on the constabulary and officers and manifested in their reluctance to firmly put down incidents of violence, looting and arson which went on unchecked.

CHAPTER III

Term No. (II)

Whether any individual or group of individuals, or any other organization,

were responsible for such events and circumstances

1.1 December 1992

i) As far as the December 1992 phase of the rioting by the Muslims is concerned, there is no material to show that it was anything other than a spontaneous reaction of leaderless and incensed Muslim mobs, which commenced as peaceful protest, but soon degenerated into riots. The Hindus must share a part of the blame in provoking the Muslims by their celebration rallies, inciting slogans and rasta rokos which were all organised mostly by Shiv Sainiks, and to a marginal extent by BJP activists.

1.2 January 1993

i) Turning to the events of January 1993, the Commission’s view is that though several incidents of violence took place during the period from 15th December 1992 to 5th January 1993, large–scale rioting and violence was commenced from 6th January 1993 by the Hindus brought to fever pitch by communally inciting propaganda unleashed by Hindu communal organizations and writings in newspapers like Saamna and Navaakal. It was taken over by Shiv Sena and its leaders who continued to whip up communal frenzy by their statements and acts and writings and directives issued by the Shiv Sena Pramukh Bal Thackeray. The attitude of Shiv Sena as reflected in the Time magazine interview given by Bal Thackeray and its doctrine of ‘retaliation’, as expounded by Shri Sarpotdar and Shri Manohar Joshi, together with the thinking of Shiv Sainiks that ‘Shiv Sena’s terror was the true guarantee of the safety of citizens’, were responsible for the vigilantism of Shiv Sainiks. Because some criminal Muslims killed innocent Hindus in one corner of the city, the Shiv Sainiks ‘retaliated’ against several innocent Muslims in other corners of the city.

ii) There is no material on record suggesting that even during this phase any known Muslim individuals or organizations were responsible for the riots, though a number of individual Muslims and Muslim criminal elements appear to have indulged in violence, looting, arson and rioting.

CHAPTER IV

Term Nos.(III) and (IV)

The adequacy or otherwise of the precautionary and preventive measures, taken by the police preceding the aforesaid incidents; and,Whether the steps taken by the police in controlling the riots were adequate and proper and whether the police firing resulting in deaths was justified or not

1.1 The precautionary and preventive measures taken by the police preceding the aforesaid incidents were inadequate. The intelligence machinery of police did not give information in good time about the possible damage to Babri Masjid, nor was an accurate assessment made of the situation if such a contingency arose. The intelligence apparatus failed to gather crucial intelligence about the closed–door meetings held by Bombay Muslim Action Committee on 2nd December 1992 in Madanpura and by Shiv Sena at Sena Bhavan on 29th December 1992. On several occasions police station concerned did not even have persons knowing Urdu to interact with Muslims and feel the pulse of Muslim community or even to read and understand Urdu writings. This also led to their inability to keep themselves apprised of the communal Urdu writings circulating in the city.

Mahaartis were erroneously treated as purely religious activity and given full freedom, despite evidence that they were being used for political purposes, that communally inciting speeches were being made and the dispersing crowds after the Mahaartis had indulged in attacking, damaging and looting establishments of Muslims in the nearby areas. Though the responsibility for dealing with such assemblies on public streets is of the police, the police left it to the political judgment of the then Chief Minister who failed to act promptly and effectively and give clear cut directives.

1.3 The enforcement of the curfew and ban against assembly of five or more persons turned into a farce. The police appear to have been totally overawed by numbers and such orders were flouted with impunity. No seriousness appears to have been shown towards the utility of such orders to control communal situations.

1.4 The police were hopelessly outnumbered as the strength of the police staff was inadequate by about 30% to 35% even to handle day–to–day problems. A fortiori, it was hopelessly inadequate to handle extraordinary situations which arose during December 1992 and January 1993.

1.5 The arms and equipment held by police stations were inadequate, qualitatively and quantitatively, to deal with the riot situations.

1.6 The transport facilities for quick movements of police contingents were woefully inadequate.

1.7 The wireless communication equipment were not foolproof. This enabled communally affected policemen to successfully break into and intrude upon the police channel and transmit abusive,

conflicting and confusing talk on the police wireless channels during the height of the communal riots when accurate communication on wireless channel was imperative.

1.8 Despite the clear cut guideline in the "Guidelines for controlling communal disturbances", no police station appears to have maintained the ‘list of communal goondas’. Consequently, when the commissioner of police instructed the police stations to round up ‘communal goondas’, there was wholesale confusion in understanding the import of the message, each senior Police Inspector interpreting it in his own fashion. The preventive rounding up was, therefore, confined only to known criminals and bad characters on the list of the respective police stations.

1.9 Though the army was alerted on 6th December 1992 itself, there was utter confusion in making effective utilization of the army columns. Both in December 1992 and January 1993 the army could have been given operational role which could have swiftly and decisively put an end to the communal riots. The police over-estimated their ability to control the communal riots, or were reluctant to requisition the aid of army to disperse unlawful assemblies when it was apparent to the local police officers that the situation was slipping out of their hands. This has led to avoidable loss of lives, limbs and property.

1.10 There was no serious combing operations carried out even in cases where private firing was suspected. The excuse was that soon after the occurrence of the suspected private firing the number of police personnel on hand was small and by the time their strength had been augmented and combing was carried out it was too late to apprehend miscreants or unearth fire–arms. Consequently, though the police claim that there were so many instances of private firing, some even from sophisticated fire arms, they have not been able to seize any but one country made pistol.

1.11 The response of police to appeals from desperate victims, particularly Muslims, was cynical and utterly indifferent. On occasions, the response was that they were unable to leave the appointed post; on others, the attitude was that one Muslim killed, was one Muslim less.

1.12 The alertness of police pickets left much to be desired. Several arson incidents, stabbing and violence occurred within the eye–sight and earshot of the police pickets without any action by them. In one case, a bakery situated within the very compound in which the police station (Jogeshwari) is located was attacked, looted and burnt in broad daylight without the police lifting a finger.

1.13 Police officers and men, particularly at the junior level, appeared to have an in–built bias against the Muslims which was evident in their treatment of the suspected Muslims and Muslim victims of riots. The treatment given was harsh and brutal and, on occasions, bordering on inhuman, hardly doing credit to the police. The bias of policemen was seen in the active connivance of police constables with the rioting Hindu mobs on occasions, with their adopting the role of passive on-lookers on occasions, and finally, in their lack of enthusiasm in registering offences against Hindus even when the accused were clearly identified and post haste classifying the cases in "A" summary.

1.14 Even the registered riot–related offences were most unsatisfactorily investigated. The investigations showed lack of enthusiasm, lackadaisical approach and utter cynicism. Despite clear clues the miscreants were not pursued, arrested and interrogated, particularly when the suspected accused happened to be Hindus with connections to Shiv Sena or were Shiv Sainiks. This general apathy appears to be the outcome of the built–in prejudice in the mind of an average policeman that every Muslim is prone to crime.

1.15 The degeneration of the protests, which were initially not violent, in Minara Masjid area on 6th December 1992 and Dharavi area on 7th December 1992 into violent riots was partly on account of insensitive handling of the rioters by police. The police should have realized that the Muslim community felt betrayed, hurt, humiliated and distrustful of the authorities on account of the demolition of the Babri Masjid inspite of the assurances and promises at the highest level and that too in the presence of armed police and para–military forces. Though there was some marginal violence like stone–throwing, it should have been controlled by use of persuasion and minimal force.

1.16 The adverse criticism of the police in handling the December 1992 phase of the rioting, which was aired in the media and from platforms by political leaders caused considerable demoralization of the force. Apart from demoralizing the force, it also induced a knee-jerk reaction from the government at the political level with the Chief Minister instructing the police that his officers and men should "go slow". A specific broadcast message was issued on 8.12.1992 instructing the men not to fire while dealing with communal mobs. This order was very much in existence till countermanded by B.C. Message No.457 on 10th January 1993. This order caused immense confusion amongst the police ranks since, in the interregnum, the officers and men were not sure how to handle the mobs. Consequently, some of them continued to fire, but large number of officers did not fire, resulting in prolongation of the violent incidents.

1.17 Notwithstanding Sections 130 and 131 of the Criminal Procedure Code, the government did not take active aid of the army when such use was imperative. Political dithering delayed a clear–cut order to the commissioner of police on using the army for operational purpose. The flag marches by the army columns had no psychological effect on the rioting mobs.

1.18 The police, by their own conduct, appeared to have lost moral authority over the citizens and appeared to evoke no fear even in the minds of the criminal elements. The criminal elements were emboldened to hurl a crude bomb at the commissioner of police and hack constables to death without fear. The police developed a psychological fear about attacks on them. Lathi charge by the police was ineffective and useless as it mostly consisted of brandishing lathis from a safe distance.

1.19 The police firing was, on several occasions, ineffective and large number of rounds are said to have been fired without producing any visible effect. The police firing at least on two occasions appears to be unjustified, excessive and resulted in killing innocent citizens, one in the Suleman Bakery incident in Pydhonie jurisdiction and the other in the Hilal (Hari) Masjid in RAK Marg jurisdiction. The ensuing deaths on these two occasions were not justified at all.

1.20 Even after it became apparent that the leaders of Shiv Sena were active in stoking the fires of communal riots, the police dragged their feet on the facile and exaggerated assumption that if such leaders were arrested the communal situation would further flare up, or, to put it in the words of the then Chief Minister, Sudhakarrao Naik, "Bombay would burn"; not that Bombay did not burn even otherwise.

1.21 Though the police did take action in some cases against newspapers by registering offences under section 153A of Indian Penal Code, such cases

were kept pending for inordinately long time for want of sanction by the government. A large number of vituperative and communally inciting writings in newspapers was ignored by police, emboldening the writers of such material to greater heights of abuse, incitement and calumny.

1.22 Despite knowledge of the fact that the force had been infected by communal virus, no effective curative steps were taken over a large period of time. As a result of this, communal violence became chronic and its virulent symptoms showed up during the two riot periods.

CHAPTER V

Term No. (V)

The measures, long and short term, which are required to be taken by

the administration to avoid recurrence of such incidents, to secure communal

harmony and also to suggest improvements in law and order machinery

1.1 The Commission has received valuable inputs from several senior police officers and political leaders examined before it. The Commission has also studied the report of the Rustamji Panel of Assessors as well as that of the Panel of Assessors headed by Dr. R.K. Hebsur, making invaluable suggestions. There appears to be near unanimity amongst the witnesses that there is imperative need for restoring the authority of law and refurbishing the image of the police.

1.2 Image of the policeman

i) The common man on the street has the image of an average policeman as a bloated, bumbling, comic figure holding a lathi in one hand with the other palm extended. Perhaps, Hollywood by its Keystone Cops and Bollywood by its Pandu Hawaldar caricatures helped perpetuate this image. But truth is stranger than fiction! This image needs to be substituted with the image of a professional policeman who is sensitive to the problems of the law–abiding public, but hardened enough to deal with crooks and criminals. The goal must be to project the image of the Bobby in London, Mounty in Canada or NYPD Officer in U.S.A., albeit translated into Indian idiom.

ii) The evidence on record clearly brings out that the authority of the keeper of law was flouted with impunity again and again. Curfew orders and ban orders were flouted with the knowledge that no serious consequences would entail. Preaching of communal hatred and incitement to violence continued unabated with the realization that the law and order machinery was either unwilling or incapable of checking it. Exaggerated notions of the consequences of interdicting people who were openly preaching violence, paralysed the administration. The will to prosecute failed against the contemplated consequences of what would happen if action was taken against leaders of certain party. There cannot be ‘holy cows’ in policing.

iii) There is imperative need to dispel this impression and refurbish the sagging image of the Bombay police. The suggestions made towards achieving this goal are as comprehensive as possible and they can be implemented as short–term or long–term measures depending on their financial implications and the resources of the State Government. The Commission has noted from news reports that some of its recommendations have been anticipated and implemented by the State Government.

iv) On the basis of the inputs gathered from several of the above sources, the Commission makes the following recommendations which, if implemented, would go a long way to help the administration avoid recurrence of such incidents, secure communal harmony and also restore the cutting edge of professionalism in the law and order machinery.

1.3 Short Term measures

(A) Inspection

There should be more frequent and stricter inspection by the senior police officers to ensure that the discretion to register and investigate offences exercisable by the station house officer (SHO) is used strictly in accordance with law and to safe–guard the safety and liberty of the citizens. The Commission has noticed several lapses on the part of the senior Police Inspector and assistant commissioners of police in doing this. The result is arbitrariness and indifference in the functioning of the police station, which contributes to the declining credibility of the police system itself.

1.4 Registration of Crime

The registration of offences appears to be almost arbitrary and based solely on the caprice or external influences brought upon the SHOs. This results in giving an unduly rosy picture of absence of serious crimes to the senior officers and affects their judgment in formulating policies. It also builds up cynicism against the police in the minds of the public. It has come to the notice of the Commission that even in cases where the offences warrant registration of a cognizable crime, the police officers insist on registering a non–cognizable offence, perhaps with a view to avoid lengthy investigations. This tendency needs to be strongly discouraged.

1.5 Investigations

i) The investigations appear to be lackadaisical, arbitrary and crime reports are written routinely without any serious investigative efforts being put in. Standard excuses like ‘no witness is available’, ‘none is willing to talk’ and ‘wanted accused is not seen’ are put forward to avoid serious investigation. The police have no authority to classify offences in "A" summary under the provisions of the Criminal Procedure Code and such an order can only be made by the court. Classification of offences is being used as a major tool by the police to short–circuit investigations. In the statistics given by the Government to the Supreme Court, as many as 55 to 60 per cent of the riot–related cases appeared to have been classified in "A" summary, meaning "True, but undetected".

ii) It must be impressed upon the investigating officers that every classification of a registered offence in "A" summary (which can only be done by the court) is a certificate of failure and admission of inefficiency. Figures of such classification in "A" summary must count for the demerit rating of investigating officers.

1.6 Professionalism

There is singular lack of professionalism noticed when it comes to proper documentation of police work, drawing on information available and methods of investigation of crime. The interrogations of accused in the riot–related offences are routinely done and large number of interrogatory sheets merely indicate that the accused denied his participation in the incident. Going at least by the interrogatory statements of such accused, it would appear that there is no proper education of the investigating officers in techniques of interrogation � which, of course, do not include third degree methods.

1.7 Corruption

i) The cancer of corruption has eaten into the entrails of Indian society, and the police department is no exception. If at all, the cancer is very much openly in evidence here. The lame excuse that corruption is a global phenomenon and policeman being part of the society in which they live cannot be expected to be free from corruption is an excuse of escapism. Considering the enormous authority wielded by policemen, even at lower levels, all acts of the police personnel must be fully documented and transparent, leaving no scope whatsoever for the slightest doubt about their integrity. Association with persons of dubious character and lavish style of life disproportionate to earnings have become the order of the day. It cannot be gainsaid that a person joins the police department, not for making money, but for rendering service to society, even if it is the only job available. So it is no excuse to say that the job of a policeman is underpaid to justify corruption. Every police officer and man must be made to realize that however meagre the compensation from society for his role, the dignity, status, power and authority attached to his office are the compensation and if he seeks anything else, exemplary punishment would swiftly follow. The senior officers must keep a hawk’s eye on the personnel at lower levels and in the event of slightest doubt regarding integrity, remedial action must surely and swiftly follow.

1.8 Punishments

i) Punishment for corruption, brutality, dereliction of duty and mala fide exercise of authority should be prompt and no less than dismissal from service, apart from prosecutions under criminal law.

ii) There is imperative need to make amendments to the Police Act and Service Rules so that punishment for gross violation of duties and corrupt practices is swift and sure. Similarly, honest officers and men who act purely professionally must be rewarded by accelerated increments and out–of–turn promotions based purely on excellence of record. This would isolate and sideline dishonest elements in the police force whose only aim is to seek personal gains and make way for honest, competent and efficient officers and men to discharge their duties earnestly, restoring public faith in police machinery.

1.9 Freedom from interference

Frequent transfers of police personnel on grounds other than administrative convenience and nepotism and corruption in the matter of posting, allotment of quarters and even grant of leave, have haunted the police administration for long. Political interference at all levels has aggravated the problem. If policeman were seen as lackeys by the British masters during the Raj, their status today appears no better, though the masters may be different. Ability to stand up and be counted, without being mutinous, is a quality that would be greatly appreciated in policemen. Bend, they must, only before the majesty and authority of law. There is urgent necessity of insulating the police from political interference in the day–to–day administration. It is hoped that the Supreme Court which has evolved a mechanism for insulating the C.B.I. from political interference, would also lay down guidelines for similar freedom of the police administration from political interference, in a matter which it is already seized of.

1.10 Leadership

i) It is noticed often that senior police officers are hesitant to lead for fear of consequences. There is absurd talk that appointment of Judicial Commissions to X–ray police functioning would demoralize the force. An X–ray merely brings to light what is hidden and does not create the disorder; so is it with the findings of a Judicial Commission of Inquiry. As has been pointed out by earlier Commissions, the risk of judicial scrutiny of all actions of a policeman must be treated as a part of his professional hazards, as much as stopping a bullet in his chest. Both are unavoidable and incidental hazards of his profession.

(ii) There is lack of continuous interaction between the senior officers and the officers and men at the junior level. There is no sense of belonging or loyalty to the officer in command; the officers at lower levels carry an impression that the top brass consist merely of theoreticians far removed from ground realities. Instead of shying away from judicial commissions of inquiry, they must ensure truthful documentation of all their activities, both outside and before such Commissions. The lead must come from the top officers of the police.

1.11 Trial of cases

i) Justice delayed is justice denied. More so, in the case of a criminal trial. Very often the delay is on account of the unpreparedness of the investigating officers instructing their counsel in court. An attitude of indifference is demonstrated towards orders issued by courts and there have been occasions when the courts have had to issue warrants against police officers for securing their presence in courts. This hardly does credit to a state officer who is himself charged with the duty of enforcing law and order. It should be impressed upon all police officers that it is part of their discipline and duty to co–operate with courts to ensure that the wheels of criminal justice administration move swiftly. Apart from unpreparedness in matters of criminal trials, it is also noticed that the police are very slovenly in dealing with the preliminary steps, which get scrutinised under microscope by the court at a later stage. In matters of drawing up FIRs, statements of witnesses, panchanamas, holding of identification parades and complying with other statutory requirements, there is lack of care bestowed at the preliminary stages which results in a large number of acquittals. Every investigation officer must investigate the offence with the object of securing a conviction in a trial, of course by fair means. The number of failed prosecutions must count for de-merit in the investigating officer. There is continuing cynicism in the minds of the public that the criminal justice administration system is skewed; innocent people are punished, while the influential and moneyed invariably get off. There is imperative necessity for dispelling this impression, not by mere propaganda but effective steps taken at the police station level.

1.12 Collection dissemination and effective utilisation of intelligence

i) The police appeared to be out of touch with the pulse of the public. Crucial intelligence inputs do not seem to have reached the police in time. This leads to errors in assessment of situations. There should be meticulous documentation of inputs so that their analysis and assessment is true and effective. The provisions in the Police Manual and the Standing Orders appear to have been observed more in breach. Records like individual firing report and personal dairies required to be maintained under the Standing Orders, were never maintained. In fact, honest maintenance of such records would enable a Commission of Inquiry to segregate the guilty from the honest; the incompetent from the competent and the shoddy from the meticulous.

ii) The policemen and officers are trained only once before recruitment and there does not appear to be an ongoing process of training of policeman on the job. There is need for weekly seminars, discussions and instructions on police intelligence methods, at the hands of the senior police officers and also outsiders who are experts in the job. Currently, there seems to be no method of cross–checking and appraising the intelligence input gathered from the functionary at the lowest level. It must be remembered that the intelligence input given by the lowest functionary in the police force is the raw material on which assessments are made and policy decisions taken and conveyed by the top brass to the State Government. An error at the lowest level has the compounding effect of flawing the decisions of the senior most police officers.

iii) The cultivation of sources, short–term and long–term, appears to be ineffective, failing at crucial times. Frequent transfers of the senior Police Inspectors in charge of a police station give them hardly enough time to gain knowledge of the topography, rate, pattern and methods of crime and identification of the reputable and disreputable members of public within the jurisdiction. This leads to the officer relying more and more on the judgment of his subordinates as he, as a senior Police Inspector , is a foreigner. Transfers of such key officers must only be done on extremely good grounds after sufficiently long time.

iv) It is a poor reflection on the police intelligence machinery that despite circulation of communally inciting materials in print � both from Hindus and Muslims - and the persistent rumour–mongering, both contributory factors to communal riots, the police were unable to trace the source of such inciting material or the rumours, even in one case. The standard answer given was that they were unable to identify the source from which such communally poisonous material emanated despite best efforts. This repeated acknowledgement of failure gives no absolution and requires intensified measures for close interaction with the public to identity such potential dangers.

v) The officers at all levels must realize that the best way of feeling the pulse of the people is by moving with them and not travelling in vehicles with excessive security. Officers must continuously get an input of the judgment of the public of their role and keep constantly correcting themselves and their subordinates to ensure that there is no deviation from acceptable standards.

1.13 Training and Physical Fitness

i) There is much wanting in the physical fitness of the members of the police force. In fact, the Commission recalls that when it visited Kasaiwada Hill in Nehru Nagar jurisdiction, an officer of the rank of assistant commissioner of police accompanying the Commission was endowed with such huge physical proportions that he attempted his best to dissuade the Commission from climbing atop the hill to reach the Kasaiwada settlement. Ultimately, the Commission advised him to stay at the bottom of the hill and undertook the journey on foot and completed it successfully, much to his surprise.

ii) The Commission has queried a number of police officers on the aspect of physical fitness and their reaction was that long and arduous working hours and lack of off-time leaves them no time for physical exercises. This is an unacceptable excuse. Physical fitness in modern times does not require costly equipment or long work-outs, which may be necessary for gymnasts, sportsman and weight–lifters. For an average man, there are sufficient physical exercises, like yoga, aerobics and the like, which can be performed in the privacy of home in a span to 30 to 45 minutes. It would, of course, be better if the state administration spent some money and built sports clubs for the exclusive use of the officers and the men where health and sports facilities are available at nominal or no charge.

iii) As done in the armed forces and airline industry, standards of physical fitness must be rigidly enforced and any deviation beyond acceptable limits must disqualify the officer or man from further duty until he regains the prescribed physical standards. It is not sufficient only for top officers to be in shape. This must percolate down to the level of the policeman pounding the beat. In fact, physical fitness is the first thing that impacts the public eye and immediately colours its judgment of the policeman.

iv) Enforcing strict standards of physical fitness would also reduce medical bills and long periods of absence on medical leave.

v) Currently it appears that no policeman or officer, particularly at junior level, is required to attend any training once he passes out of the police academy. It hardly needs to be emphasized that no job can be efficiently carried on without constant training and newer inputs. It is much more so in the case of the police force. Police personnel at all levels need to be given training in policing techniques as more and more advances are made. Refresher courses have to be devised and attendance at them must be made compulsory at the end of which there should be a test undertaken to appraise the absorption of the training methods, which should ultimately reflect in the confidential records and count for the merit rating of the personnel.

vi) In the training sessions, they should also be trained in the existing legal

provisions which affect policing and also subjects like criminology, sociological behaviour and interaction with citizens. They should be constantly impressed upon that a policeman is a friend of the public. There should also be interactive courses at which members of the public are invited to attend, so that the impression that the public carry, that they should avoid anything to do with the police, must be removed.

vii) Attendance at training sessions, P.T. parades should be made compulsory.

1.14 Public Relations machinery and Peace Committees

i) It is seen that police officers, particularly at the top level, are fond of shooting off their mouths even on matters pending investigation, perhaps solely motivated by the wide publicity and high profile it brings them. There are also conflicting statements made by police officers at senior level which confuses not only the public but also the officers and men at subordinate level. Particularly, in the context of a communal riot, it is necessary to disseminate authenticated and correct information through authorized channels. This information must also be disseminated contemporaneously to scotch rumours. It is, therefore, essential to have a proper public relations machinery which can be approached by media persons and public for getting the latest authentic information. Conversely, a strict ban must be imposed on police officers talking to media persons or the public and the provisions of the Conduct Rules must be invoked to punish officers flouting such instructions. As a general rule, the information to be disseminated to the public and the media should be channelized through the established public relations officer subject to the commissioner’s right of holding press conferences and press briefings either by himself or through his nominated officer. A plethora of media reports were produced before the Commission which suggested that the present machinery is deficient and results in conflicting reports.

ii) The peace committees consisted of warring factions and acted more as battle grounds. Peace committees should consist only of reputable persons from the locality unconnected with any political party, viz. professionals, merchants or social workers with no political linkings, or even members of the working class. It is only such a peace committee which can endeavour to bring peace in times of conflict. The material before the Commission suggests that each of the peace committees attached to the police stations was faction–ridden with the representative of each section (Hindu or Muslim) trying to upstage the other instead of working conjointly to establish peace. In order to ensure that the peace committee is constituted with proper persons, the senior Police Inspector of the local area, the assistant commissioner of police of the region and the Deputy Commissioner of Police must have thorough knowledge of the proper persons who can be nominated on such peace committees. It should be considered as serious disqualification if the senior officer has no knowledge of the prominent citizens within his jurisdictional area and has no rapport with student groups, trades, associations, labour unions and the like. Such officers would never be able to contribute anything to the efforts of the peace committee.

1.15 Improvements in Weaponry

i) Practically every police officer examined before the Commission made the grievance that the weapons available in the police station were hopelessly inadequate, both in quality and quantity, to meet the contingencies which arose during December 1992 and January 1993.

ii) The fire–arms that are presently available with the police stations to handle riot situations are the .303 rifles and the .410 muskets. Even these are not available in sufficient numbers so that each policeman can be armed in times of emergency. The .410 muskets appeared to be outdated and their deterrent affect on the rioters appeared to be nil. As the police personnel examined by the Commission put it, when a .410 musket is fired, the bullet may emerge from the barrel or may not; even if it emerges, it may hit the target at which it was not aimed. The reason given was that .410 muskets were created by reboring the obsolete and surplus fire–arms of Second World War vintage. The reboring resulted in the grooves of the barrel being eliminated, which causes a gyrating effect in the bullet since it has no angular velocity when it is ejected from the barrel. Consequently, the trajectory of the bullet is uncertain with no guarantee of hitting the intended target. This knowledge appears to have percolated to the rioting public also who were, therefore, emboldened to defy the policeman carrying such obsolete and ineffective fire–arms.

iii) .303 rifle is an adequate weapon to deal with a riot as it is sufficiently deterrent and has sufficiently long range. Its accuracy of fire is also quite high. It is not necessary to go in for sophisticated fire–arms with automatic firing capacity like AK–47 as it might have the potential of producing large casualties if wielded by wrong hands. Subsequent to the constitution of the Commission, it is understood that the Government has taken a decision to go in for 7.62 SLRs. This is also a high quality fire–arm with the additional advantage that it is self–loading. However, apart from improving the quality of fire-arms, sufficient quantities must be held by the police station so that there is at least one fire–arm for each police constable in the field. The experience in the recent riots has shown that the policemen have become easy targets of attack by mobs, in open confrontation as well as in isolated pickets. Consequently, policemen are afraid of picket duty in isolated areas for fear of attacks against them. Possession of an efficient fire–arm would give them the confidence and boost their morale even if they are in isolated pickets.

iv) As far as the officers are concerned, they are equipped with .38 revolvers and a few 9 mm pistols. Their number, however, is short, resulting in two or more officers sharing one revolver. The Commission recommends that each officer be issued one revolver for which he is responsible throughout his career.

v) Apart from fire–arms, the policemen today carry cumbersome and unwieldy lathis which keep one hand engaged even when the lathi is not required to used. It is suggested that truncheons of suitable material (as carried by the policeman in U.K. or U.S.A.), which could be hooked on to a buckle in the belt be carried by them so that both their hands are free for better purpose when the truncheon is not in use. The efficacy of a truncheon in hand–to–hand combat is much more than a lathi which is easily snatched away.

vi) The Commission recommends that, apart from sufficient supplies of better quality fire–arms, the policemen and officers must be put through rigorous training in handling them without which the investment in fire–arms would be useless.

vii) The standard riot equipment issued to the police personnel to combat riots is a heavy metal helmet and a hand–held shield to deflect stones and other articles thrown at them. The metal helmets are heavy and cumbersome, particularly taking into consideration the hot weather in Bombay. It is recommended that helmets and shields of suitable lighter material, strong enough to withstand the impact of stones and sharp objects thrown at them, should be issued.

viii) While dealing with mobs which are suspected to indulging in private firing, there should be sufficient number of bullet–proof vests made available to the police personnel.

ix) Though Commissioner Bapat was very skeptical about riot control by using other riot control methods as used in Western countries, the Commission feels that there is an imperative necessity to consider such riot control weapons also. For example, race riots have been effectively handled in U.K., in U.S.A. and by the Japanese police. The standard equipment issued to po

licemen in those countries needs to be studied in greater depth and, to the extent possible, implemented here. Things like rubber bullets or electric shot guns and water canons are freely resorted to in advanced countries to avoid loss of life when carrying out riot control. Their efficacy needs to be studied carefully.

x) The study of riot controlling techniques in advanced countries should not serve merely as an excuse for a foreign junket, but for absorption of useful knowledge to be translated into local conditions for effective implementation here.

1.16 Improvements in commu- nication systems

i) Communication can either be on the wire or on the wireless. Both are found to be inadequate in the present system. As to telephone communication, the number of lines sanctioned appear to be inadequate as a result of which a citizen in distress hardly ever gets through to the police station when in need. There must be a method of ensuring that when the line gets connected it is picked up within the third ring and answered by a responsible police personnel at the other end who contemporaneously makes a note of the incoming call and the information given in a register which must be maintained as a part of the record of the police station. If necessary, more number of telephone lines or EPABX equipment must be sanctioned.

ii) The frequency of the channel on which wireless communications takes place does not appear to be impregnable. During the riot periods it was found that there was unauthorized intrusion into it and dissemination of communally vituperative, confusing and conflicting outputs on the police channel. That it was done unauthorisedly by police personnel does not take away the enormity of the issue, namely, that even a constable at a lower level gets to know of the secret frequency of the police channel which is allotted by a central agency. Greater vigilance is required to be exercised in this area to ensure that the secret codes of police channels are known only to authorized personnel. In today’s technological advancement, it is possible to establish identity of the caller or the set from which the call on the wireless is given. Such equipment needs to be installed to avoid repetition of the type of incidents which attracted notoriety in international media and caused considerable embarrassment.

iii) Computers, electronic alpha numeric pagers and cellular phones, which can be inter–linked with each other, have made communication an easy task in the world. The Bombay police, perhaps for no fault of theirs, are decades behind in utilizing and garnering the benefits of modern technology. The Commission is informed by no less an officer than a joint commissioner of police, on oath, that the bills sent to the Government for purchase of cellular phones have yet not been passed after about four years. This needs urgent looking into by the State administrative machinery who must accord to it the same priority as they would accord for purchase, maintenance and renovation of articles and equipment supplied to ministers.

1.17 Maintenance of Records with reference to Communal Riots

i) It cannot be gainsaid that effective handling of riot–related offences, particularly in the context of communal riots, requires inputs to identify the connection of the accused to communal organizations. Though in the Communal Riot Scheme of 1986, and the ‘Guidelines’ there has been identification of the communal organizations in Maharashtra, and it is required that the police stations maintain an accurate and updated list of communal goondas, there has been scant attention paid to these. That is one of the weaknesses in the present Riot Control Scheme, which, though envisioned as efficacious, failed in practice.

ii) In order to get an accurate input about the connections of an accused with communal organizations, it is necessary that he be interrogated specifically on this aspect. The interrogatory sheets maintained under the present system require all manner of information (including the name of the brother–in–law of the accused), but are significantly silent on the vital issue. When pointedly queried by the Commission on this aspect, Commissioner Bapat gave a laconic reply that this is not a significant part of the investigations of an offence, since the affiliation of an accused neither resulted in greater, nor lesser punishment, if convicted; and was irrelevant, if acquitted. The Commission is surprised that such a reply should come from the executive head of the police department as it displays lack of awareness of the ground realities in tackling communal riot–related offences.

iii) It is true that the political or other affiliation of an accused does not alter the quantum of punishment to be imposed on him in case he is found guilty. It certainly identifies and tags him so that the next time an opportunity arises for preventive or detective action, the police can easily zero in on the tagged accused as well as his associates from the identified communal organization. This awareness seems to have escaped the top brass of the police department and the Commission hopes that it was only inadvertence and nothing more.

iv) Another significant aspect which the Commission noticed was that every investigating officer gave a standard reply that he had interrogated the accused in the riot–related offence on his affiliations, but got a negative reply which was not reflected in the records because it was not standard practice to record negative replies. This assertion appears to be the result of confusion in not laying down a standard practice. The Commission did notice that there were several interrogatory sheets of accused interrogated by the DCB– CID which record even negative replies. That seems to be the standard practice in the districts too. In the light of this experience, the Commission recommends that the top brass of the police should revamp the proforma of interrogatory sheet and devise a special proforma for interrogation of accused in communal offences so that the necessary inputs become readily available and identification of the possible associates and connections is facilitated.

v) The Commission has noticed that the police stations are not supplied with adequate number of printed proforma registers and proforma sheets which results in wrong proforma registers being used. For example, bail registers are used as record of muddemal or as records in the armoury, making the entries suspect and less than tamper proof. The Commission strongly suggests that State Government set aside sufficient finances to overcome the problem of lack or inadequate supply of requisite stationery.

vi) The maintenance of computerized data base would go a long way in generating the required tags on accused of different categories, particularly in the context of offences relating to communal riots. It would further facilitate instantaneous recording of factual data and simultaneous retrieval and analysis of vital inputs and their statistical implications by the policy making officers of the top brass. Each police station must be made capable of being linked to another and to the high command by a computer network so that there is fast exchange of vital inputs, of course only to authorized personnel.

vii) The Control Room records need to be maintained in better form. It is understandable that in a situation in which incidents develop with alarming frequency, it would be impossible for the officers in the Control Room to note them down contemporaneously with sufficient precision. The Control Room has, therefore, adopted the method of simultaneous audio recording of the wireless messages so that a Log Book can be later prepared on the basis of such audio records. One deficiency noticed here is that there is insufficient supply of audio cassettes as a result of which the audio cassettes are erased even within short time. In fact, the Commission was surprised that the audio cassettes for December 1992 were not available,

though the Commission itself was constituted in the third week of January 1993. The Commission suggests that the audio cassettes be duplicated and one set be maintained as permanent record of the Control Room with another set for re–circulation. As the recent experience of the Justice Gundewar Commission shows, police transmission equipment has the annoying habit of failing at crucial moments. Utmost priority must be given to keeping such equipment functional, by providing standbys for emergency.

viii) The Control Room should also maintain a log book in which information must be recorded with sufficient clarity as to: (a) the name or indication of the spot where the trouble has taken place; (b) date and time of incident; the time at which the control operation started and ended; (c) the nature of operation, in case of firing, the number of rounds fired, number of casualties � death or injured �, number of persons arrested, if any, number of persons referred to the hospitals with the names of the hospitals and (d) any other information which the officer in–charge might consider important. The advantage of such systematic recording of events would enable the maintenance of a police station diary and the contemporaneous record of how the situation was handled. If this information is maintained contemporaneously on a computer data base and log book, there would be sufficient material available which can be scrutinised at all levels of official hierarchy � police, bureaucratic, ministerial, or even by a judicial commission of inquiry. Maintenance of such occurrence records would enable the blame to be pinned on the erring officers and avoid general tarring of the reputation of the entire police force, as happens frequently.

ix) Maintenance of riot diaries, though suggested by several Commissions, seems to have been ignored. This needs to be done with immediate effect.

1.18 Policing of Slums

i) Slums have their peculiar problems such as lack of motorable roads, congested lanes and bye–lanes and irregular structures which make policing difficult. In order to have effective policing in slums, it would be necessary to have a police station, or self–sufficient extension of it, attached to the slum, or to have more than one where the slum is sufficiently big, so that officers and men attached to that police station are intimately familiar with the terrain, topography and type of people.

ii) Slums have a tendency of magnifying small issues and minor irritants into full–blown communal riots. In a slum in which different communities live, a Mohalla Committee comprising of equal representatives of different sections must be made to work in close collaboration with the local police officers so that a two–way of exchange of information and ideas is possible.

iii) The beat system, though good in theory, has not been effectively operated. The beat officers do not appear to be familiar with the people and places falling within their beat. In the slum the beat officers must be appointed only on the basis of their intimate knowledge of the slum and the people residing therein. The beat officers must be thoroughly familiar with not only with the respectable citizens in the beat but also with the disreputable elements and establishments like liquor joints, cat houses, whether run overtly or covertly. Presently, if there is such knowledge, it appears to be used only for extracting money and nothing else.

iv) To facilitate greater accessibility and prevention of attacks in isolated corners, cases of eve–teasing and molestation, which have the potentiality for starting riots, it is necessary to have proper illumination in the lanes and bye–lanes criss–crossing the slum.

1.19 Rapid Action Squads

i) At least four Rapid Action Squads with high mobility and striking power, fully trained to handle communal riots and equipped with appropriate equipment, must be established and stationed at four strategic locations so that any spot in the city is promptly accessible. It is learnt that the government has already sanctioned one battalion of SRPF for deployment in Bombay. Since the SRPF battalion consists of seven companies (six active and one training/reserve) all the seven companies should be given training in riot control methods and four of them should be posted at strategic locations to work as Rapid Action Squads.

ii) Each Rapid Action Squad should be fully equipped with vehicles in top condition, communication equipment, from gas–guns, tear–gas shells, rifles, truncheons, helmets and shields of the required quality and must be self–sufficient.

1.20 Conditions of Work

i) The constant refrain heard by the Commission was that oppressive conditions of service make it impossible for the police personnel to undergo training, physical exercises and sports activities. This appears to be a legitimate grievance. Because of under–staffing, almost to the extent 30 to 35%, at any given time, after deducting personnel on leave and personnel required to be posted for security bandobast, the manpower available is extremely limited. As a result, the existing men are required to work almost 12 hours even during normal working hours. This not only takes toll of their efficiency and health, but also breeds indifference towards work. The lot of an average constable is pathetic. He is poorly paid and over worked. If this be the result of under–staffing, then it is imperative that the number of personnel should be increased so as to enable each police officer/man to have eight hours duty schedule after which he would be entitled to go off duty. In fact, this is the policing pattern in all advanced countries where there is efficient police administration. It is high time that the government looked into the matter of raising finances for recruiting necessary police personnel to reduce their working hours as suggested.

ii) Presently, it is seen that large contingents of police are required for round–the–clock protection of popular representatives of people. It is recommended that instead of police security being used as a status symbol, it should only be given after proper appraisal of security risk. If this is done, a large number of police personnel would be freed for regular duties. If it is not possible to do so, it may be considered if charges can be recovered in such cases.

1.21 Housing

i) There is inadequate housing made available to the lower level functionaries in the police department. Taken in conjunction with the problem of travelling long distances in the city and the low pay and emoluments drawn by police constables, their dependence on slum lords and anti–social elements to obtain cheap housing corrupts them. Whatever police quarters are available are insufficient and there are long waiting lists which lead to further corruption in the matter of allotment of the houses. A policeman who is required to bribe or use political influence to get an allotment of quarters in his favour would hardly be immune to such influences in the discharge of his duties. This is a matter which needs to be tackled urgently.

1.22 Reserves

i) The situation during December 1992 and January 1993 showed up the flaw in the system in not having uncommitted reserves. At any given time at least five battalions of committed reserves should be maintained in barracks and any drop of the reserves below this figure should automatically set off an alarm in the minds of top officials who should then strive to maintain the figure of uncommitted reserves.

1.23 Religious processions, meet– ings and use of loudspeakers

i) It has been noticed that so–called religious activities indulged in by large number of people flare up into communal riots, particularly in congested areas where people of different communities live side by side. Similarly, announcements on loudspeakers and religious observances in public places have also led to avoidable friction amongst different communities which have the potential for communal disturbances.

ii) It is recommended that there should be stricter control enforced in the matter of religious processions and a security deposit of not less than Rs.5,000 should be taken from the organizers of religious processions who should also be called upon to execute a guarantee for the peaceful conduct of procession. If there is any disturbance by the processionists, the deposit should be forfeited and action taken against the organizers of the processions.

iii) Every religious procession is required to be accompanied by police to ensure that there is no disturbance by attacks upon the processionists or by them. It is suggested that the organizers should be made to pay the charges for deployment of police leaving the number of policemen to be determined by the senior Police Inspector of the respective police station.

iv) Religious observances, whether by Hindus or Muslims or any other, in open public places so as to cause obstruction, annoyance or inconvenience to the citizens at large must be strictly discouraged and action taken against those who defy the instructions of police.

1.24 Curfew orders and ban

against assembly

Such orders must be strictly enforced and any defiance should result in rounding up of the offenders. The police must take into confidence the leaders of political or other organizations and inform them of the strict enforcement of such orders, isolating the law–breakers from the law abiding citizens. The public must be kept informed of such orders by repeated announcements in the media, including television.

1.25 Political interference

in police work

i) Political interference in police work was evident during the riot periods. Ministers and politicians of different shades descended upon the police stations to browbeat or pressurize the officers in–charge to release arrested persons who according to them were innocent. While it may be legitimate for ministers and elected representatives of public to tour their constituencies or area under their charge for effective supervision of riot control and rehabilitation measures, they should be strictly prohibited from visiting police stations and interfering with policing including searches, seizures and combing. Visits to police stations while the riot is in progress and their questioning the officers in–charge about arrests and insisting upon interviews with the arrested persons is highly demoralizing and amounts to interference in the work of police. Communal goondas and mischievous elements get vocal representation inside the police station which interrogates and arraigns the arresting officer, as if he is on trial. This must be avoided at all costs and any information which such ministers and dignitaries desire must be routed through the Commissioner of Police with only whom they should interact.

ii) Once a prosecution has been launched against a person for rioting or other communal offence, it should under no circumstances be withdrawn. Not even the oft–repeated ground of "public interest" should permit prosecutions of communal offences to be withdrawn. It is not only demoralizing to police, but also sends wrong signals to the offenders that they can somehow get away with it.

iii) The senior officers have a responsibility to ensure that the sectional police are not pressurized into registering offences, not registering offences, arresting or not arresting people in connection with communal riots. Honest and bona fide actions taken by the sectional police should be backed up by the top officers who must not only stand up to the politicians but commend their subordinates doing so.

1.26 Interaction with army,

CRPF and other

Central Agencies

i) The experience during the two riot periods has shown that though the police claim that the riots were almost impossible to handle on one hand, on the other hand, they failed to make effective use of army columns. The army columns were merely sent on flag marches when the rioters were long past the stage of psychological fear. Consequently, there was no impact of the flag marches on the rioters who not only continued their nefarious activities, but even became bold enough to attack army columns. It was also noticed that there was no co–ordination between the police and army authorities despite clear cut provisions of law and Army Manual on the subject of army assistance in aid of civil authorities.

ii) The top officers and the State administration should not treat the calling out of the army or any other such force as infra dig or as a blow to their pride. In a contingency where it is required, after honest and self– searching appraisement, the army authorities should at once be moved for operational duties for dispersal of unlawful assemblies.

iii) Instructions with regard to the procedures for taking operational assistance of army authorities by the civil authorities must be laid down in clear terms and a manual on this must be circulated to the officers of the level of inspectors who must be well–trained in this subject and the law applicable.

iv) When the army is called out, there must be greater co-operation between the police and the army without each trying to upstage the other.

1.27 Police stations

The sanctioning and location of police stations appears to be ignored at the cost of seriously eroding police administration. Police stations must be established as soon as the crime figures necessitate such a situation. Whenever new housing complexes are established it should be made obligatory for the builders and/or societies to provide accommodation for a police station inside depending upon the number of houses and/or residents.

1.28 De–communalisation

of the police force

i) The evidence before the Commission suggests that in some measure at least there has been polarization in the police force on communal lines. Though Commissioner Bapat loftily declared that, once a policeman dons the uniform, he is neither Hindu nor a Muslim nor a Sikh nor anything but a policeman, his lofty ideal was not followed by at least some of his men and officers.

ii) It is true that the policeman is a constituent of society and cannot avoid being impressed by the communal influences in the society in which he lives. While communal thinking in an ordinary citizen, however objectionable, may not produce immediately visible pernicious results, communalisation of a policeman has that effect. It is, therefore, necessary to exorcise the police force of this evil and to inoculate it against it.

iii) Large sections of policemen, for want of living quarters, live in slums where they are susceptible to indoctrination among communal lines. Communal propaganda unleashed in newspapers, periodicals and printed literature also affects their thinking. While it may not be possible to prohibit them from reading such literature as they like, there must be continuous and ongoing process of education so that the members of the police force attain a maturity where they can retain their rational thinking irrespective of reading communally motivated literature or

being subjected to such talks. Highly motivated social workers of impeccable credentials and top level officers of the police force, who command the love, affection and respect of the police personnel, must periodically interact with policemen and officers in different jurisdictions, individually as well as collectively, to combat the evil of communalism. The officers at the level of deputy commissioner of police, assistant commissioner of police and senior Police Inspector must give periodical talks at short intervals to propagate the concept of secularism and (the need for) apolitical behaviour on the part of police force. Deviant conduct on the part of police personnel must be brought to the notice of senior officers immediately, who may counsel them in the first instance; if communal behaviour persists, suitable action under the law should be taken.

iv) Another factor which strongly motivates communal thinking is the deleterious effect of some people gaining advantage in posting, promotions etc. because of their strong communal leanings. This disturbs the equilibrium and sends wrong signals that while ideal behaviour is not rewarded, errant behaviour is instantaneously rewarded. Top officers must keep a vigilant eye in the matter of posting, promotions and transfers to ensure that communal influences are not at work.

v) Regular weekly parades, at which attendance should be compulsory, must be held at which briefings are given on ideal behaviour on the part of police personnel.

1.29 Riot Control Scheme

i) This scheme needs to be revamped in the light of experience gained during the riots of December 1992 and January 1993. The deficiencies thrown up in countering rumours which spread like wild fire, and the inability of the system to identify the source, need to be remedied.

ii) The Control Room organization needs modernization with boards and charts indicating all information inputs which are well–documented so that the officer in command is enabled to deploy the forces at short notice as required. The officer in–charge of the Control Room must be of sufficient seniority and experience who knows the city inside out and is well aware of the working of the system.

iii) Ideally, the Control Room should have a computer into which all information is fed so that in an instant the inputs are analysed according to such sequential orders or in such classifications as desired. There is sufficient technology available in our country to devise appropriate software. That recourse to modern technology would cost money, cannot be the excuse, for the loss in terms of human lives, limbs and properties in communal conflagrations of the type witnessed during December 1992 and January 1993 can hardly be quantified in terms of money.

1.30 Delinquency of police

personnel

The evidence before the Commission indicates that the police personnel were found actively participating in riots, communal incidents or incidents of looting arson and so on. The Commission strongly recommends that Government take strict action against the following persons :

A) Colaba : S.I. (Sub-Inspector), Vasant Madhukar More, A.P.I. (Assistant Police Inspector ) Sahebrao Hari Jadhav, Police Constable, PC–3181 Suresh Pandurang Ithape, PN–985 Shivaji Govindrao Kashid, PN–2238 Hanumant Pandurang Chavan and HC-3649 Gopichand Shaitram Borase. These police personnel were responsible for allowing the violent mob to hack to death one Abdul Razak alias Aba Kalshekar (C.R.No.13 of 1993).

B) Agripada : PC–23960 of LA–IV Ashok Naik and Rajaram K.Bhoir were arrested while indulging in rioting and violent activities (C.R.No.98 of 1993). Ashok Naik was arrested by N.M. Joshi Marg Police.

C) Byculla : Sr.PI (Senior Police Inspector ) Patankar , P.I.(Police Inspector ) Wahule and S.I. Ramdesai. Their conduct during the riots was extremely communal. They refused to record complaints in which Hindus were the accused and harassed and ill–treated Muslims. Their conduct indicated attempt to shield miscreants belonging to Shiv Sena (C.R.No.591 of 1992). The Government should also institute an impartial inquiry into the cold–blooded murder of one young boy, Shahnawaz Hassanmiya Wagle. The inquiry conducted by Deputy Commissioner of Police, Surinder Kumar is just an eyewash.

D) Dongri : Joint Commissioner of Police R.D.Tyagi, Assistant Police Inspector Deshmukh and Police Inspector Lahane of the Special Operation Squad are guilty of excessive and unnecessary firing resulting in the death of nine Muslims in the Suleman Bakery incident (C.R.No.46 of 1993).

E) Mahim : Police constable Sanjay Laxman Gawade was openly indulging in riots and violent activities while carrying a naked sword along with Shiv Sena activist Milind Vaidya. Though the constable was placed under suspension and the sanction of the government was sought for his prosecution, the sanction has not yet been granted. The Commission recommends that such sanction should be granted.

F) L.T. Marg : Assistant Police Inspector Kamath, for utter dereliction of duty by not acting against the miscreants in the Diamond Jubilee Compound incident (C.R.No.25 of 1993).

G) M.R.A. Marg : PC–24242 Vidyadhar Raghunath Shelar, Police Inspector Salvi, Police Sub–Inspector (PSI) More. Babu Abdul Shaikh had been taken into custody by them. But because of their conduct he was attacked and murdered by Hindu miscreants (C.R.No.579 of 1992). Though the accused, all active Shiv Sainiks, have been arrested, the conduct of the police personnel is not beyond reproof.

H) Nagpada : Police Inspector Dhavale over-reacted by firing at a mob of 10–12 miscreants throwing stones, resulting in injury to a two year old child. Constable Sanjay Bhosale was part of the miscreant mob which broke open and looted articles from the shop ‘Cat’s collections’.

I) Tardeo : PC–7783 Shrirang Pathade, popularly known as "Richard Hawaldar" was openly collaborating with the Shiv Sainiks in looting and violent activities.

J) RAK Marg : Police Sub–Inspector N.K. Kapse’s act of unprovoked firing at Hilal Masjid killed seven Muslims (C.R.No.17 of 1993).

K) Antop Hill : Inspector B.B. Shinge, Sub–Inspector Shivgonda Patil and constables A.M. Ghadi, A.Y. Kamble, P.S. Dukare, D.R. Phadtare, S.P. Patil and B.K. Gaikwad failed to protect the lives and properties of the Muslim victims.

CHAPTER VI

Terms (VI, VII, VIII)

1.1 By Notification No. FIR 5695/Bombay–1/ Appointment/J.C. dated 24th May 1995, the original Terms of Reference were expanded by including the following terms :

VI) The circumstances and the immediate cause of the incidents commonly known as the serial bomb blasts of 12th March 1993, which occurred in the Bombay Police Commissionerate area;

VII) Whether the incidents referred to in term (I), have any common link with the incidents referred to in term (VI) above; and

VIII) Whether the incidents referred to in term (I) and in term (VI) were part of a common design.

1.2 After the above Terms were added to its Reference, the Commission by an order dated 22nd January 1997 directed the Government of Maharashtra to disclose the material available with it, upon consideration of which the above terms were added. By an affidavit of the additional chief secretary (Home), dated 5th February 1997 the Commission was informed that all the material which the government was in possession of had been disclosed in the affidavits of Mr. Amarjit Singh Samra dated 25th August 1995, Vasant Narsingrao Deshmukh 25th September 1995, Mahesh Narainsingh dated 25th September 1995, Satish Sawhney dated 25th September 1995, Shivajirao K. Babar dated 25th September 1995 and Rakesh Maria dated 25th September 1995 and that there was no other material besides this.

1.3 The Commission issued a public notice in newspapers calling upon all members of public to disclose by an affidavit any information they may have in connection with the above Terms of Reference. The only affidavit filed pursuant to the notice was an affidavit dated 2nd August 1995 by Prabhakar V. Pradhan, advocate.

Term No. (VI)

The circumstances and the immediate cause of the incidents commonly

known as the serial bomb blasts of 12th March 1993, which

occurred in the Bombay Police Commissionerate area

i) Affidavit of Shri Prabhakar V. Pradhan appears to be based on rumours and does not really indicate any concrete material which would be of use to the Commission. All that he says is that he had casually bumped into someone who claimed that the serial bomb blasts were the handiwork of Central Intelligence Agency of U.S.A. and not the outcome of revenge of Muslims because of the demolition of Babri Masjid or the riots of December 1992 and January 1993. After having perused the affidavit of Shri Pradhan, the Commission was not impressed that there was any important material for serious consideration which could be elicited from Shri Pradhan and, therefore, the Commission did not summon Shri Pradhan to give evidence before it. The Commission feels that the contents of the affidavit appear to be sheerly speculative.

ii) A cumulative reading of the affidavits of the police officers referred to above leads to the following:

As a result of the demolition of Babri Masjid and the riots which took place in Bombay during December 1992 and January 1993, there was communal cleavage in Bombay. The Muslims felt a feeling of insecurity, tension and anger on account of their suffering during the two riot periods and they were inclined to blame the State Government and police for their misery. The Muslims perhaps felt that the Government and police, instead protecting their interests, had actually acted against their interests by joining hands with communal elements which took a lead in the riots. A large number of Muslim youths came to entertain this firm belief. This body of angry young men was exploited by anti-national elements, who were desirous of de–stabilizing the situation in this country. Certain anti–national elements aided and abetted by ISI of Pakistan recruited some of the angry young men by brainwashing them that they should take revenge for the humiliation and misery heaped upon them. A grand conspiracy was hatched at the instance of the notorious smuggler, Dawood Ibrahim Kaskar, operating from Dubai, to recruit and train young Muslims to vent their anger and wreak revenge by exploding bombs near vital installations and also in Hindu dominated areas so as to engineer a fresh bout of communal riots.

iii) Pursuant to this conspiracy certain brainwashed Muslim youngsters were recruited and taken to Pakistan for intensive training in the handling of sophisticated weapons and explosives. As a part of this conspiracy, Dawood Ibrahim and smugglers like Mohd. Dossa, aided and abetted by several criminal or similar elements in Bombay, smuggled large consignments of AK–56 rifles, hand grenades, and sophisticated explosives known as RDX. Some of these were landed clandestinely on the coast of Raigad district and some on the coast of Gujarat state. These were then clandestinely transported to be stored at convenient places within and outside Bombay, awaiting the signal for their use.

iv) The conspiracy was actually implemented when a series of blasts occurred on 12th March 1992 in Bombay, almost simultaneously, at several places. The serial bomb blasts resulted in loss of life of 257 persons and injuries to 713 persons and caused damage to properties worth about Rs 27 crore. The first of the bomb blasts occurred at about 1330 hours near the Bombay Stock Exchange Building, the next within a few minutes near the Air India building. In all there were ten such explosions at different places, viz. Stock Exchange Building at Fort, Air India Building at Nariman Point, Zaveri Bazar, Katha Bazar, Century Bazar at Worli, Sena Bhavan at Dadar, Hotel Sea Rock at Bandra, Hotel Centaur at Juhu and Hotel Centaur at Santacruz Airport. Apart from these ten explosions, explosives were also set to explode at Naigaum Cross Road, Dhanji Street and Shaikh Memon Street, but the explosives fortunately did not explode. Simultaneously, there was an attack on the Hindu Machhimar colony at Mahim with hand grenades which caused the death of three Hindus and injuries to many. An incipient communal riot at Machhimar colony was immediately put down by police. A similar attack was also launched at the Sahar International Airport where a hand grenade was lobbed towards a parked aircraft. The investigations disclosed that the explosive devices were planted in cars and scooters in specially made cavities.

v) Investigations revealed the wide ramifications of the conspiracy. Twenty seven different cases filed within the respective jurisdictions where offences were committed, were all transferred for investigations to DCB-CID. The DCB–CID, acted promptly, and it is a matter of gratification that within 24 hours they were able to get clues to the heinous offences and the conspiracy. Considering the national security implications, the Government of India in the Home Ministry by an order dated 5th August 1993 constituted a special Task Force comprising officers from Bombay Police, CBI, IB and RAW under the convenorship of Mahendra Narain Singh, Joint Commissioner of Police, (Crime and Administration) to pursue further investigations. The investigations resulted in arrest of 151 accused who have been charge–sheeted, while 44 are still absconding. The role of one Tiger Memon and his relatives came to particular notice during the investigations. It appeared that Tiger Memon was the prime accused co–ordinating the smuggling activities and supervising the implementation of the conspiracy from Bombay. The accused have been charged under the provisions of TADA Act and are standing trial in the designated court at Bombay.

vi) Since the charges against the accused are pending trial before the designated court at Bombay, the Commission does not deem it proper to deal with the details of the accusations against the different accused who are standing trial before the designated court at Bombay. Suffice it to say that all the accused, except two or three, are Muslims and there is no doubt that the major role in the conspiracy, at the Indian end as well as foreign end, was played by Muslims.

Term No. (VII)

Whether the incidents referred to

in term (I), have any common link

with the incidents referred to

in term (VI) above

i) One common link between the riots of December 1992 and January 1993 and bomb blasts of 12th March 1993 appear to be that the former appear to have been a causative factor for the latter. There does appear to be a cause and effect relationship between the two riots and the serial bomb blasts.

ii) Another common link is that some of the accused who were involved in substantive riot–related offences were also accused in the serial bomb blasts case, though their number is only three or four.

iii) Tiger Memon, the key figure in the serial bomb blasts case and his family had suffered extensively during the riots and therefore can be said to have had deep rooted motive for revenge. It would appear that one of his trusted accomplices, Javed Dawood Tailor alias Javed Chikna, had also suffered a bullet injury during the riots and therefore he also had a motive for revenge. Apart from these two specific cases, there was a large amorphous body of angry frustrated and desperate Muslims keen to seek revenge for the perceived injustice done to and atrocities perpetrated on them or to others of their community and it is this sense of revenge which spawned the conspiracy of the serial blasts. This body of angry frustrated and desperate Muslims provided the material upon which the anti–national and criminal elements succeeded in building up their conspiracy for the serial bomb blasts.

Term No. (VIII)

Whether the incidents referred to in term (I) and in term (VI) were

part of a common design

There is no material placed before the Commission indicating that the riots during December 1992 and January 1993 and the serial blasts were part of a common design. In fact, this situation has been accepted by Mahesh Narain Singh who was heading the team of investigators who investigated into the serial bomb blasts case. He also emphasises that the serial bomb blasts were a reaction to the totality of events at Ayodhya and Bombay in December 1992 and January 1993 and the Commission is inclined to agree with him.

CHAPTER VII

Epilogue

The voluminous evidence produced before the Commission strikingly brings home the stark reality that the beast in man keeps straining at the leash to jump out; frictions, irritations and disputes based on colour, race and religion are but excuses.

The Commission has noticed that most of the violent communal riots during December 1992 and January 1993 took place in areas called Prem Nagar, Shanti Nagar, Gandhi Nagar and so on. That vicious communal violence on such scale should occur in the land of Ahimsa Paramo Dharmah and Mahatma Gandhi only shows that the message of love and brotherhood preached by apostles is not internalized. Unless that is done, the spectre of communal violence would haunt the city again and again.

The Commission sincerely hopes that the calamitous events of December 1992, January 1993 and March 1993 would serve as eye–openers and lead to introspection and that all concerned attain the maturity to accept constructive criticism and mend their ways. For, in the immortal words of Ramayana :

Sulabhaah purushaa rajan satatam priya vaadinah

Apriyasya cha pathhyasya vakta shrota cha durlabah

(Persons pleasing in speech are easy to find; it is difficult to find one who speaks or listens to the bitter, but wholesome, truth).

The Commission would like to end its report with grateful appreciation of the assistance rendered by counsel and the administrative, secretarial and ministerial staff which made its onerous task easier.

Finally, before parting, the Commission would reiterate the ringing exhortation of Shankaracharya :

Tvayi Mayi chaanyatraiko Vishnuh

Vyartham Kupyasi mayyasahishnuh

(The same God resides in you and me; why then be needlessly angry with me!!).

Mumbai

Dated 16th February 1998

Justice B. N. Srikrishna

Volume II

Introductory

The Commission examined the evidence police stationwise. In each police station jurisdiction, police officers and public witnesses have been examined. In all, there are 26 police jurisdictions which are covered by the evidence.

The Commission has also examined media persons, senior police officers and politicians.

A summary of the material before the Commission is presented in the following pages.

CHAPTER I

Police Station

1. Agripada Police Station

1.1 This is an area in which majority of residents are Hindus, but there are certain known pockets of Muslims. Communally sensitive areas which experienced previous communal trouble are Kalapani Junction, Sakhli Street, Junction of Meghraj Shetty Marg and Baburao Jagtap Marg, Tank Pakhadi Road, Hindustan Masjid, Sunder Galli, Tambit Naka, Paise Street, S–Bridge and Dhobighat.

1.2 On 7th December 1992, at about 1230 hours, trouble started near the Byculla Fire Brigade Station with an attack on the Mhasoba Mandir by a mob of Muslims. The Muslim mob damaged the temple and when this news spread, a Hindu mob collected near the Mhasoba Mandir and started throwing stones and other missiles at the Muslims who had gathered near Meghraj Street. The police intervened and resorted to firing to control the situation. The miscreants damaged not only the temple structure, but also the idol inside and ransacked the belongings of the temple’s priest who lived on the premises. On the same day, a Vithal Mandir situated on Meghraj Street was also damaged and the property of the priest living there was also ransacked. The property damage was estimated to be over a lakh of rupees.

1.3 At 2030 hours, on 7th December 1992, there were clashes between Hindu and Muslim mobs at Sundar Galli and Kalapani Junction. Stones were thrown by the miscreants from Patra Chawl side on B.J. Road.

1.4 On 8th December 1992 there were pitched battles between mobs of Hindus and Muslims in Tank Pakhadi, Transit Camp, Tambit Naka, Hindustan Masjid and Khatau Mill areas. During the melee one police officer, A.S. Sawant, was injured on his thigh by stone throwing and some of the miscreants in the Muslim mob attempted to snatch away the rifle of one of the constables. Police resorted to firing resulting in injuries to two persons.

1.5 During December 1992 the police registered six offences, out of which two pertained to the attack on the Mhasoba and Vithal Mandirs. The other four offences consisted of three attacks on Muslim properties and an attack on a rationing shop on 9th December 1992.

1.6 Trouble started in January 1993 with an incident of stabbing at Mominpura Patra Chawl at about 0100 hours on 7th January 1993 in which a Hindu was stabbed by unknown persons. At the same time, the news about incidents of stabbing, arson, and stone throwing occurring with alarming frequency in the adjoining jurisdictions of Dongri, Pydhonie, Nagpada and in Mahim heightened the communal tension in this area. The police managed to maintain an uneasy peace on 7th January 1993 and upto the evening of 8th January 1993.

1.7 From 2100 hours on 8th January 1993, riots erupted at BIT Chawls, Maulana Azad Road, Sakhli Street and Kalapani Junction. The trouble seems to have first erupted in BIT Chawls No. 12, 11, and 23. Though the police claim that the incident was one of a violent clash between armed mobs of Hindus and Muslims, the true picture seems to be different. According to the evidence of one of the Muslim victims, Mumtaz Rehman, the trouble in the BIT Chawls started at about 7.30 p.m. with the Hindu residents attacking Chawl No. 12 occupied by Muslims with stones, soda–water bottles and petrol bombs, shouting "Landyabhai ko maro", "Pakistan ko bhagao" and "Bara number me ghuso". Sixty–three out of the eighty tenements in Chawl No.12 are occupied by Muslims and the rest by Christians.

In the other BIT Chawls, the preponderant majority is of Hindus, though a few tenements are occupied by Muslims. When the stone throwing started, Mumtaz Rehman telephoned the Agripada Police Station to complain that the Muslim residents of BIT Chawl No.12 were being attacked by Hindus. The telephone was answered by an unidentified person in the police station who, on receiving the request for help, rudely replied, "Landybai Chup baitho, Abhi kuch nahi huva" and banged down the phone. Mumtaz then frantically phoned for help to some Muslim corporators of Janata Dal and some Muslim officers in the military. After about an hour or so, a police mobile came to BIT Chawl No. 2 with three constables and an officer. The main entrance of that chawl has a collapsible iron grill which had been shut and locked by the residents who feared for their lives. The police repeatedly rattled the collapsible iron grill, calling upon the residents of Chawl No.12 to open the lock.

According to Mumtaz, the Hindu miscreants in the surrounding chawls were standing around with swords and choppers in their hands. But instead of dealing with them, the police threatened the residents of Chawl No.12 that if they did not open the collapsible door they would be shot. By this time, some of the miscreants had cut off the telephone line, electricity line and water connection of Chawl No.12. There was also an attempt to set fire to Chawl No.12, which, according to Mumtaz, occurred in the presence of the police without the police taking any action. The miscreants set fire to two taxis and two motorcycles of Muslims, looted four gas cylinders from Muslim houses in Block No.11, kept them in front of Chawl No.12 and attempted to set fire to them. Major catastrophe was, however, avoided since the police took charge of and removed the gas cylinders.

The water, electricity and telephone lines were restored only on 9th January 1993 at about 1230 hrs, after the arrival of military personnel accompanied by plumbers. The police claim that the collapsible iron door had been connected to live electric wires as a result of which the police constable who attempted to open the collapsible door got an electric shock. The story appears apocryphal. Mumtaz says that the police were repeatedly rattling the collapsible door. The Senior Police Inspector’s evidence shows that no attempt was made to discover if the theory of electric current was true. As a matter of fact, at the material time the electric connection itself had been disrupted. Senior Police Inspector Tikam, says that he did not notice any electric wires connected to the collapsible iron shutter, nor did the police attempt to force open the said door.

A police picket was posted in front of Chawl No.12 and in the morning at about 6 a.m. the police managed to enter the building from a side entrance. This time the police were armed with electric testers and when they tested the iron grill of the shutter, it was not found electrified. There is also no mention of any of this story in the Station Diary of the police station, though Tikam admitted that this was a very serious incident and gall serious incidents must be noted in the Station Diary.

Sarwaribegum, resident of BIT Chawl No. 8, says that, at about 2200 hours on 8th January 1993, the miscreants repeatedly banged on her door and broke open the door to her tenement. She along with her two daughters–in–law and children was inside. One of the miscreants, Santosh Nagaonkar, started damaging the articles in the house and another placed a chopper on her neck and asked about the whereabouts of menfolk. The women pleaded for their lives, managed to run away and seek shelter in Prabhat Building. Sarwaribegam says that, when all this was happening, she saw the police standing 15 feet away from the building, doing nothing.

When she complained to the police about the attack on her chawl and requested action against the miscreants, the police asked her to go away. She made a complaint to the police station on 16th January 1993 narrating what transpired during the night of 8th January 1993. She denies the correctness of what is alleged to be her statement (Exhibit 550 (P)) and maintains that she had specifically given the name of Santosh to the police officer who took down the complaint. So much, for the reliability of the police records.

1.8 The Senior Police Inspector claimed that there were several instances of private firing upon the residents of Pathan Chawl (now known as Bhagwa Mahal) resulting in injuries to three Hindus, Chandrashekhar Bhiva Sawant, Sanjay Ramchandra Sawant and Prakash Keshav More. These three persons gave identical evidence that, because of fireballs thrown at Pathan Chawl by the Muslim residents of the adjoining building known as "80 tenements", the Pathan Chawl caught fire. And when the residents of Pathan Chawl were running around to extinguish the fire, they were shot at from the 80 tenements Chawl. They also claimed to have identified the person firing at them as one Nasir Bakerywala.

1.9 That these three persons were injured by bullets is certain; it is doubtful whether they were injured in an incident of private firing. The material on record seems to suggest that probably they were injured in police firing, while participating in the riots, which they are now passing off as the result of private firing. Though each one of them claims to have seen Nasir Bakerywala firing at them, one says that the firing was from a pistol and another that it was from a big gun. None of them named Nasir Bakerywala in the police statements. The police have also submitted a supplementary report to the Additional Commissioner of Police (Crime) (Exh.569(C) giving full particulars of the incident in CR No.33/93. In that supplementary report these three are shown to have been injured in police firing.

1.10 The metamorphosis of ‘Pathan Chawl’ into ‘Bhagwa Mahal’ is also interesting. Though all others claimed that there was no connection between Shiv Sena and Pathan Chawl, Mohan Kadam Bahadur Lama, a resident of Pathan Chawl from 1969, who knew Prakash Keshav More, Sanjay Dattaram Sawant, Chandrashekar Bhiwa Sawant and Dattaram Vasant Narvekar, gives a different version. According to him, the name of Pathan Chawl was changed to Bhagwa Mahal when the Shiv Sena started moving about frequently. Someone from the Shiv Sena had come and said that Pathan Chawl should henceforth be called Bhagwa Mahal and, "since they said so, it is also called Bhagwa Mahal". This obviously indicates that the residents of Pathan Chawl or Bhagwa Mahal were very much protagonists, if not activists, of Shiv Sena.

Lama’s affidavit was filed at the instance of one Tukaram Amre and another "fat police officer" was accompanying him. This Tukaram Amre was the person instructing the Shiv Sena’s counsel when the cross–examination was going on before the Commission and was identified by the witness Lama. Lama also said that, apart from him, Tukaram Amre had brought four or five persons to file affidavits and was accompanied by one fat police officer. This evidence leads the Commission to think that the story about private firing is a contrived one, put forward at the instance of the activists of Shiv Sena and the police, though the identity of the "fat police officer" is unascertainable.

1.11 Meherunnissa Mohammed Yakub Ansari (Exh.577) also says that from about 1930 hours on 8th January 1993, till about 1330 hours on 9th January 1993, there were continuous attacks on their chawl No.12. The attackers were all Hindus from BIT Chawls who kept shouting, "Landyabai ka ghar kidar hai" and knocking on her door. They were carrying choppers and other weapons. She is emphatic about what the police told her when she complained to them. Says, the witness, "I cannot forget during my entire life the words used by the police � ‘Pakistan chale jao; yahan kyon ate ho marne ke liye’". After the Muslim residents had moved away to safety locking their houses, their houses were systematically ransacked and looted.

1.12 On 10th January 1993 riots erupted simultaneously at about 1030 hours near Fancy Market, Moreland Road, Hirve Chawl on Maulana Azad Road, Pathan Chawl on B.J. Road and Dhobighat. There was extensive arson and looting of property. In fact, the vicious nature of the riots can be gauged from the statistics given by the police themselves. About 200 Muslim families from Dhobighat area had abandoned their houses and fled to safety. Their houses were systematically ransacked, damaged, looted and subjected to arson. According to the police, in all about 200 incidents of arson and looting took place on 10th January 1993; in almost all cases the victims were Muslims.

1.13 There were crude attempts by the police to cover up the role of the Shiv Sena in the incidents of January 1993 :

(a) Though the Senior Police Inspector had filed particulars of the Mahaartis organised (Exhibit 514(P)), in which the number of Mahaartis were shown as having been organised by the Shiv Sena, he later on claimed that there was a mistake in it and filed another sanitized version in which it was sought to be maintained that the different Mahaartis were organised by different organisations, though the leaders of the Shiv Sena happened to remain present at the Mahaartis.

b) There was another attempt to underplay the role of four accused arrested in C.R. No.17 of 1993, who were reported to be Shiv Sainiks. Senior Police Inspector Tikam had made an endorsement in the case papers of C.R. No.17 of 1993 that the four accused persons arrested from BIT were Shiv Sainiks and that a report to that effect has been given to Assistant Commissioner of Police, Mehta of S.B.–I CID. When closely questioned about this endorsement, Tikam feigned lapse of memory. Daljitsingh Parmar, the investigating officer stated that the Senior Police Inspector Tikam must have got the information that the four accused were Shiv Sainiks and, though he made inquiries from public and interrogated the accused, he could not get confirmation of the said fact. He had even questioned the Shakha Pramukh of Shakha No.37 who stated that the four accused arrested in C.R. No.17 of 1993 were working along with Shiv Sainiks, but were not "authorised members" of Shiv Sena. No attempts appear to have been made to look into the records of membership or to cross–check the information given by the Shakha Pramukh. Daljitsingh Parmar conceded that if he had done such exercise he would have been able to ascertain whether the four accused were members of Shiv Sena and that it was a mistake on his part not to have done so.

1.14 There was a report of private firing from a building known as Al Madina on Motlibai Street. Though Senior Police Inspector denied that there was any such private firing, under cross–examination he was forced to admit that information to this effect was received by him, not only from public but also from the officers of the military column located near YMCA, that the military officers also claimed that they had heard the noise of firing from the direction of Al Madina and thought that it was directed at them. The military officers came near Al Madina Mansion and wanted to search Al Madina building to flush out the miscreants, but were unable to do so without a written requisition from the Senior Police Inspector. Tikam says that he refused to give such a written requisition because according to him the situation was not so serious as to justify the area being handed over to the military authorities. This, despite his believing the information about private firing from Al Madina mansion. After a lapse of time, Tikam himself carried out a search of Al Madina mansion, but predictably did not recover any fire–arms, though some petrol bombs were recovered.

1.15 That Shri Babanrao Pachpute, then Minister of State (Home), was possibly interfering with police work, is brought out in the cross–examination of Tikam. Tikam had picked up 21 persons from Al Madina building for questioning. By a strange coincidence, Mr. Pachpute visited the police station in the wee hours on 11th January 1993 and was shown the offensive materials seized during the search of Al Madina mansion. Soon thereafter, Tikam says that he was satisfied that there was no material against the 21 persons and they were allowed to go! Tikam, of course, denied that Shri Pachpute had anything to do to the release of those 21 persons. Tikam’s lapse of memory under cross–examination was so acute that, at one stage, in his anxiety to deny that there was private firing from the building behind YMCA Hostel, he point blank denied that there was any such incident. Confronted with the Agripada Mobile Log Book entries of 10th January 1993 showing that the police party was subjected to such private firing and that the constables in the Agripada mobile had replied the firing (Exh. 531(SS)), Tikam admitted the fact but had no explanation as to why there was no reference to it in his affidavit.

When the police searched Al Madina Mansion, not only did they recover petrol bombs, but they also seized certain quantity of materials useful for making crude bombs from the terrace of the building. It is admitted by Tikam that this might have been stored on the terrace of Al Madina as a plan to attack the Hindus and the police and that such an act would be an offence. Strangely, no offence has been registered, nor is the officer able to give any explanation as to why none was registered. Though the Shiv Sena had often cried wolf with regard to incidents of private firing, in this instance at least, its grievance appears justified.

1.16 The strange manner in which the police moved against the suspects is highlighted by another incident. Though a written complaint dated 5th February 1993 [Exhibit 534(SS)] was made that the persons responsible for the private firings upon Bhagwa Mahal on 10th January 1993 were Nasir Mastan Bakerywala, Aziz, Vakil and Shakil, the police were not able to nab any of them as they were said to be absconding. Interestingly, on 3rd April 1993 a public function appears to be organised for Id Milad in which the fathers of the three suspects, Mastan Bakerywala, Haji Vakil and Shakil were part of the organising committee. Tikam also maintained that none of his staff reported to him if any of the four absconding suspects had attended the function.

1.17 From the evidence of Yashwant Dattatraya Puntambekar [Exhibit 468(P)] it appears that on 8th and 10th January 1993, Hindus and Muslims were both on the offensive, though he would not be able to say as to which of these two mobs was acting in self–defence. During December 1992 and January 1993, 41 offences were registered, of which eight pertained to rioting, seven pertained to rioting with murder, 19 were cases of stabbing and the remaining were cases of house–breaking and looting. During December 1992 and January 1993, in the stabbing cases, 11 Hindus and 10 Muslims were stabbed. Out of the 15 cases of murder by stabbing, three victims were Hindus and 12 Muslims.

1.18 One constable, Ashok Naik (P.C.No.23960, L.A.IV) was arrested in connection with an offence of rioting and causing damage to Muslim property (C.R. No.28/93). Another police constable, Rajaram K. Bhoir, was arrested by N.M.Joshi Marg Police Station while indulging in a similar offence.

1.19 Some Urdu pamphlets [(Exh.538(SS)] containing inciting material were distributed near Hindustan Masjid, but there appears to be little follow–up action by the police.

2 Antop Hill Police Station

2.1 This police station is spread over an area of about 8 to 12 sq. kms. with a total population around 5 lakhs, the majority being Hindus. There are some Muslim pockets in the area, like Suleman Compound, Sangam Nagar, Pratiksha Nagar, Bangalipura, Vijaynagar, Kokri Agar and Makkawadi. Roughly about 20% of the population consists of Muslims. This area has about 17 temples, 18 Masjids, seven Gurudwaras, three churches and seven Buddha Mandirs. The jurisdictional area of this police station is spread over two Vidhan Sabha constituencies and the two Sitting MLAs at the material time belonged to Bharatiya Janata Party and Congress–I. The three corporators in the area at the material time were two from Congress–I and one from Janata Dal.

2.2 There was no instance of Muslims being instigated to resort to violence or rioting. They had spontaneously reacted on hearing news of the demolition of Babri Masjid. There was no active Muslim organisation within this area, nor any attempt to instigate Muslims by communal speeches or distribution of printed material or by writings on blackboards.

2.3 The first reaction to the demolition of Babri Masjid came on 7th December 1992, during which angry Muslims directed their anger at the police or BEST buses by stoning them (C.R. No.354 of 1992). In another incident (C.R. No. 357 of 1992) which occurred on 8th December 1992 at 1315 hours in Rajiv Gandhi Nagar, a mob of 300 to 500 persons set fire to some of the huts therein. The police are unable to say whether the violent mob which was throwing stones at them consisted of Hindus or Muslims. However, the two huts in Rajiv Gandhi Nagar which were set on fire were occupied by Hindus and, it may be correct to presume that the aggressive mob was one of Muslims. The slogans shouted by the mob also lend support to this assumption.

That there was a Hindu mob which also attacked the huts in the transit camp, Rajiv Gandhi Nagar, and committed acts of arson is evident from the material on record. The police resorted to firing to quell the mobs in which three Muslim residents of Agarwal Compound sustained injuries and subsequently died.

2.4 On 9th December 1992, between 2300 to 2330 hours, a mob of 100–150 Muslims attempted to attack the Hindu settlement at Vijaynagar and was marching towards the local Ganapati Mandir. There was stone throwing by the said mob and slogans shouted that all the huts should be set on fire. The police interdicted them and resorted to lathi charge followed by firing. In this case (C.R. No.358 of 1992), 23 Muslim accused were arrested and one Muslim died in the police firing.

2.5 January 1993 saw thick rumours being floated around in the area that there was an imminent attack by Muslims. The Hindus were being incited and instigated to prepare against such attacks. Feelings were running high.

2.6 By far the most serious incidents took place in January 1993 in Pratiksha Nagar and Kokri Agar. All the action in this area took place on 9th and 10th January 1993. Witness after witness has come and deposed before the Commission that on 3rd January 1993 a bunch of young persons in the age group of 18 to 25 moved around in Pratiksha Nagar area pretending to be Housing Board employees and elicited details of Muslim residents in the chawls therein. It is also said that chalk marks were made on the houses of Muslims.

2.7 On 9th January 1993 a violent mob of Hindus attacked the house of a Muslim in Pratiksha Nagar with stones, ransacked the articles inside and set fire to them. On 10th January 1993, one Mohamad Hanif Quereshi was killed by a mob which attacked him with lathis and swords, in Building A–31, Pratiksha Nagar, near the Saibaba Mandir. The place of offence was hardly 250 to 350 feet from the Pratiksha Nagar Police chowky wherein a police picket consisting of police sub–inspector Patil and four constables was said to be on duty. The investigations into this case were carried out by Police Inspector Kenge, Police Inspector Shinde and police sub–inspector Mane. The case has been classified in "A" summary.

2.8 On 9th January 1993, at about 1200 hours, a Muslim, returning from the open field after answering the call of nature, was assaulted and stabbed (C.R. No.18 of 1993).

2.9 On 10th January 1993, two bodies were found in badly mutilated condition in Pratiksha Nagar. One was discovered near the Tata Power line at about 1800 hours and the other in the night at about 0100 hours. One was identified as the body of a Muslim, Zafar Abdul Karim, and the other was unidentified.

2.10 On 11th January 1993, at about 0600 hours, two Muslims were stabbed in Pratiksha Nagar, resulting in the death of one and injuries to the other. This case (C.R. No.18 of 1993) has been classified in "A" summary. C.R. No.19 of 1993 is another case where one Mohamad Salim was injured in stabbing. This case has also been classified in "A" summary.

2.11 There was an attack on a Masjid known as Markaz–E–Tamir– Millat Masjid by Hindu mob (C.R.No.20 of 1993). The mob threw stones at the masjid and the adjoining huts of Muslims and torched vehicles and handcarts on the road. The resulting fire burnt six Hindu huts also. In this case, the police have arrested 17 Muslims and seven Hindus on the spot.

2.12 A Muslim driving his vehicle in Pratiksha Nagar near the Santosh Hotel was attacked by a violent mob of Hindus on 11th January 1993 at about 1300 hours (C.R.No.22 of 1993).

2.13 A Hindu driving a vehicle was attacked by a violent mob on 12th January 1993 at about 1703 hours opposite the Kokri Agar Church. Surprisingly, in this case, the accused arrested are both Hindus (C.R.No.23 of 1993).

2.14 Three Muslims travelling in a Maruti car in Pratiksha Nagar were pulled out, severely assaulted, put back in the car and the car was set on fire resulting in their being burnt alive. The incident occurred opposite Building No.20, Manohar Kini Memorial Library, Sardar Nagar No.1, Pratiksha Nagar on 14th January 1993 at 1430 hours (C.R. No. 27 of 1993). Three police constables, one of them armed, were present on fixed bandobust duty at Shivaji Chowk in Sardar Nagar No.1 and they were all in uniforms. The place where the incident took place was hardly 150 feet from Shivaji Chowk where this picket was on bandobust duty. No attempt appears to have been made by the police picket to stop the gruesome incident.

An interesting fallout of this incident is that on 15th January 1993 the police arrested two persons in connection with this incident and on the same day a morcha of about 3000 to 4000 men and women led by the local Shiv Sena Shakha Pramukh Prahlad Thombre, Shiv Sena MLA Shri Kalidas Kolamkar, Congress MLA Shri Eknath Gaikwad, Congress corporator Smt. Karuna Mhatre, Shiv Sena corporator Shri Krishna Vishwasrao, Shiv Sena Vibhag Pramukh Sudam Pandit and one Arvind Samant came to the police station demanding release of the arrested accused, one of whom was Bal Thombre.

2.15 There were several cases of systematic attack on and ransacking of Muslim houses in the different chawls in Pratiksha Nagar (C.R. Nos. 39, 40, 43, 44, 45, 46, 47, 48, 49, 51, 52, and 54 of 1993). The manner in which these cases have been investigated by the police leaves much to be desired. Most of these cases were recommended by the investigating officer for being classified in "A" summary; the recommendations were accepted by Senior Police Inspector Vinayak Raosaheb Patil and the cases were classified in "A" summary under the orders of the assistant Commissioner of police of the division.

In most of these cases, much before the actual date on which the I.O. recommended classification in "A" summary, there were written complaints made by the victims clearly identifying the miscreants and giving particulars of their residential addresses. In most of the cases, the miscreants were residents of the chawl in which the victim lived or of adjacent chawls. The accused were well–known persons and the victims had given their names and addresses. Most of such statements were recorded by the police and the NGOs when the Muslim victims had been temporarily sheltered at the Musafirkhana Relief Camp in South Bombay. These statements were forwarded to the Senior Police Inspector of Antop Police Station sometime in February 1993, and yet the investigating officer and the Senior Police Inspector appear to have recommended closing these cases and classifying them in "A" summary, sometime in June 1993.

The details of the statements of the different victims identifying the accused persons and giving their addresses are brought out in the cross–examination of Senior Police Inspector Vinayakrao Raosaheb Patil and also in the copies of the statements which have been taken on record by the Commission. It would appear that the investigating officer, for reasons now fathomable, recommended classification of these cases in "A" summary. Fortunately, in some of the cases, the deputy commissioner of police of the region appeared to have noticed this glaring omission and directed reopening of the cases and investigations upon which only some of the accused were arrested. Ominously, some names are repeated by the victims and some of the persons named as miscreants appear to have been connected with Mitra Mandals of Pratiksha Nagar known as Vishwa Jagrutti Mitra Mandal, Prabhat Mitra Mandal and Jai Maharashtra Mitra Mandal. The witnesses examined before the Commission have asserted that these Mitra Mandals were but fronts of the Shiv Sena and the persons active in these Mitra Mandals were all Shiv Sainiks.

2.16 In most of these cases, the investigating officer was sub–inspector Pawar, whose recommendation for classification in "A" summary appears to have been accepted by the Senior Police Inspector K.E. Nath, who was the Senior Police Inspector at the material time. Senior Police Inspector Nath was examined before the Commission and he clearly stated that none of the documents containing details of the names and addresses of the miscreants was filed in the case papers put up before him together with the recommendation of the investigation officer for classification in "A" summary. He also states that the investigating officer must have surreptitiously inserted the relevant documents in the case papers, subsequent to the classification of the cases in "A" summary.

The evidence of Senior Police Inspector Kisan E. Nath, (Witness No. 308) is very significant and reveals the police modus operandi of scuttling inconvenient investigations. Nath also says that between 22nd October 1993 to 23rd October 1994, no case diary had been written by the investigating officer. Some enquiry appears to have been conducted into the conduct of investigating officer, assistant Police Inspector Pawar which resulted in his being deprived of three years increments. The punishment inflicted upon him appears to be too light considering the manner in which he attempted to scuttle the investigation of cases in which hundreds of Muslim residences in Pratiksha Nagar were systematically ransacked, looted and the articles in the houses were set on fire.

2.17 The Commission had issued notices under Section 8B of the Commissions of Inquiry Act to the following police personnel attached to the Antop Hill Police station at the material time :-

(a) Police Inspector B.B.Shinge,

(b) Police sub–inspector Shivgonda Patil,

(c) Arvind Mahadeo Ghadi

(H.C. No. 1517),

(d) Akram Yeshwant Kamble

(P.C. No. 19044),

(e) Prakash Sitaram Dukare

(P.C. No.4064),

(f) Dhanaji Rajaram Phadtare

(P.C. No. 19044),

(g) Shankar Pandurang Patil

(P.C. No.543)

(h) Bhausaheb Kisan Gaikwad (P.C.No.25702)

2.18 After seeking time for giving their replies to the notice, the following persons stated on 5th December 1994 before the Commission that they did not propose to file any replies to the notices issued to them, nor desired to cross-examine the witnesses already examined before the Commission. They are :

a) Arvind Mahadeo Ghadi

(H.C. No. 1517),

b) Akram Yeshwant Kamble (P.C.No.19044),

c) Prakash Sitaram Dukare (P.C.No.4064),

d) Dhanaji Rajaram Phadtare (P.C.No.22279),

e) Shankar Pandurang Patil (P.C.No.543)

f) Bhausaheb Kisan Gaikwad (P.C.No.25702)

2.19 Inspector B.B Shinge and sub–inspector Shivgonda Patil sought leave to appear through Counsel and they were given permission. They also filed written replies vide Exhibit 2227(P) (Colly.). Smt. Manjula Rao, learned counsel appearing for them, was also given opportunity to cross examine one of the witnesses, Hafiza Kadar Khan, who had made allegations against them. This was done on 23rd February 1994.

2.20 Witness after witness has come before the Commission from Pratiksha Nagar area to give in graphic details the manner in which the Muslims were driven out from their houses at the point of swords, knives and under threats. In some of the cases their property was damaged, destroyed and set on fire in their very presence. In several cases the Muslims of Pratiksha Nagar ran away to seek shelter elsewhere and their locked houses were broken open, ransacked and their articles looted or set on fire. The witnesses have said that the attacking miscreants were Hindus, that they were mostly youths shouting slogans like, ‘Jai Shri Ram’, ‘Jai Bhavani’, ‘Jai Bhim’, ‘Jai Maharashtra’ and ‘Shiv Sena Zindabad’. Some of them have also stated that they were wearing bhagwa (Saffron) coloured headbands. One of the witnesses states that some of the miscreants were wearing Tee-shirts with the words "Shiv Sena" in Marathi printed on them. There appears to be unanimity in the deposition of the witnesses of Pratiksha Nagar that the survey carried out on 3rd January 1993 was unauthorized and definitely intended to target the Muslim houses for violent attacks, though at the point of time when it was done, the victims did not suspect foul play. The victims also clearly maintained that they were targeted and subjected to violent action in the very presence of policemen and officers, some of whom were armed, and that the police did not even lift a little finger to help them.

2.21 The evidence of Reshma Umar Makki, young lady of 27 years, who was herself a Hindu Maharashtrian, Dalvi, before she fell in love with Umar Makki and converted to Islam, is very revealing. Her house was also surveyed on 3rd January 1993 and an indelible mark was put on her door by the surveying party. On 9th January 1993 there was an attack on her house by Shiv Sainiks who made enquiries about her "Landya" husband. Reshma hid her husband inside a box type mattress before opening the door and informed the mob of attackers that her husband was not in the house and invited them to search the house.

The attackers were armed with swords, choppers, knives and lathis. Another attack took place on 11th January 1993 by an armed mob of Shiv Sainiks. They abused her as to why she got married to a "landya" and whether all Hindus were dead. She identified the mob as comprising inmates of Andhra Chawl, out of whom she clearly recognized one Umesh, a Shiv Sainik living near Sundar Hotel. He and three to four other boys entered her house, placed a chopper on her head and threatened her that, if she spoke up, she would be stripped, raped and killed. She says that when she contacted Senior Police Inspector Vinayak Patil of the police station for help, he refused to come and retorted, "If a Muslim dies, there would be one Muslim less".

Reshma maintained that the facts that the Shiv Sena boys coming every now and then and giving trouble to her, taunting and filthily abusing her for marrying a Muslim, openly moving around wearing white Tee-shirts with the name of Shiv Sena printed upon them, without the police in any way interfering with them, made her believe that the police had deliberately adopted a policy of non-interference and helping the Shiv Sena. She spiritedly retorted to the Senior Police Inspector that she had marked his words and his words would cost him dearly one day. Prophetically, she was proved right, because Senior Police Inspector Vinayak R. Patil was summarily sacked by the government on serious allegations, one of which was his close association with "communal organisations".

Under cross–examination by the learned councel for the Shiv Sena, Reshma Umar Makki, admitted that she did not know whether the miscreants were actually Shiv Sainiks or not, but they were at least claiming to be Shiv Sainiks. She was even honest enough to point out that whoever wrote her complaint in the Musafirkhana had made a mistake and that she had never stated that the miscreants had robbed her of her jewellery. There is no reason to discount the evidence of this and other witnesses from Pratiksha Nagar.

2.22 From the evidence brought on record, it would appear that there was a systematic attack for terrorizing the Muslims in Pratiksha Nagar. The Muslim houses were subjected to a selective unauthorized survey by the Hindus on 3rd January 1993. There was a vicious rumour floated around that there was an imminent attack by Muslims on Hindu houses and thereby Hindu communal passions were whipped up. On 9th, 10th and 11th January 1993 the Muslim houses in Pratiksha Nagar were systematically broken open, ransacked, some of the articles looted and some others deliberately set on fire. One of the witnesses said that on 9th January 1993 about seven truckloads of miscreants had come, most of whom were from Lalbaug area and some were from the Andhra Chawl. This fortifies the conclusion that there was a planned, systematic attempt to attack the Muslim houses in Pratiksha Nagar.

2.23 One 18–year–old girl, Shamim Bano, was kidnapped and, in spite of the names of the culprits being disclosed to police, the police took little action in the matter and the girl was not traced thereafter (C.R. No. 27 of 1993).

2.24 One handicapped person, Abdul Mannan, was brutally murdered by the miscreants and, though their names were given to police, no action seems to have been taken (C.R. No.114 of 1993).

2.25 Between 9th January 1993 to 12th January 1993 a large number of Muslims, numbering about 3,000–5,000, who had left their houses for fear of attack had congregated near Sunder Vihar Hotel. They were surrounded by 40,000–50,000 Hindus and had to spend almost three days under constant fear of attack till they were rescued from there with the help of army column on 12th January 1993. The intensity of communal hatred which had gripped even the ordinary citizens during the riot periods is demonstrated by this incident. Police were unable to help the Muslims because of overwhelmingly large mobs of Hindus which prevented the police from rescuing the Muslims. When an attempt was made to supply food to the marooned Muslims, the vehicles carrying the food were chased away. Finally, when the army column was transporting the marooned Muslim families, it was also attacked by the Hindu mobs which had to be dispersed by firing resorted to by army personnel.

2.26 The role of the police during this incident has been distressing. On occasions, they acted passively and permitted the pillaging mobs to carry on their nefarious activities; sometimes, they even encouraged them and joined them. In these circumstances, the lapses in the investigations into the offences registered were probably not cases of negligence, but deliberate attempts to suppress material evidence and sabotage investigations. The evidence on record clearly points out that the police were communally biased against the Muslims. In short, the conduct of the police during the incidents was such as to cause loss of faith in the law and order machinery.

2.27 To top it all, there is the order dated 30th April 1993 by which senior police inspector Vinayakrao Raosaheb Patel of Antop Hill Police Station, was removed from service with effect from 30th April 1993 for reasons, inter alia, of developing relationship with ‘criminals’ and ‘communal elements’ in Antop Hill police station area, thereby shielding them from legal action. The conduct of the officers, Police Inspector B.B. Shinge, police sub–inspector Shivgonda Patil, investigating officer, sub–inspector Pawar and the police constables, namely, Arvind Mahadeo Ghadi (H.C.No.1517), Akram Yeshwant Kamble (P.C.No.19044), Prakash Sitaram Dukare (P.C.No.4064), Dhanaji Rajaram Phadtare (P.C.No.22279), Shankar Pandurang Patil (P.C.No.543) and Bhausaheb Kisan Gaikwad (P.C.No.25702) is not at all above board.

The Commission is satisfied that it was because of such conduct on the part of police personnel that incidents of such serious nature took place in Pratiksha Nagar. It was a massive operation launched by the Hindu miscreants in Pratiksha Nagar, some of whom openly professed that they were connected with the Shiv Sena, and some identified to be local Shiv Sena activists, actively and passively supported by the local police, to terrorize and cripple the Muslim residents of Pratiksha Nagar. That this massive operation succeeded is testimony to the ineffectiveness of the police machinery which was paralysed into inaction as it was infected with the virus of communalism.

2.28 That the Shiv Sena was spearheading the attack on the Muslims in this area comes through from the evidence of witness after witness before the Commission. The big morcha taken out by the local Shiv Sena leaders to demand unconditional release of the accused arrested in C.R. No. 27/93 indirectly supports what has been directly suggested by the witnesses.

3. Azad Maidan Police Station

3.1 The population in this area consists of 90% Hindus.

3.2 On 11th December 1992, at about 1715 hours, some of the Hindu boys playing cricket on Azad Maidan were fired upon by two unknown assailants on a motorcycle, resulting in the death of one Nathuram Dhondu Mohite and injuries to four others (C.R.No.841 of 1992). Although one Aslam Koradia, a known Muslim criminal, was suspected of the offence and arrested, he was discharged as none of the witnesses identified him. Some of the recovered empties bore markings in Arabic script. The police appear to have been very remiss in the investigation of this offence in that the empties were not sent to the Ballistic expert for opinion as to the type, calibre and make of the firearm from which the empties could have been fired. The statement of Ramchandra Gopal Khadse, an eyewitness to the incident, suggests that, just before the firing incident the miscreants were seen making inquiries with the onlookers for sometime. Though the miscreants have not been arrested, the incident had all the hallmarks of a communal incident, at the instance of Muslims or someone with intent to stir up communal trouble.

3.3 Another incident of serious nature is the one in which a crude bomb was hurled at the Gol Masjid. This incident occurred despite a bandobust picket posted right in front of the Gol Masjid to protect the Masjid. The police picket was led by assistant sub–inspector Matare and five constables. In the offence registered (C.R. No. 843/92), there is not even a statement of assistant sub–inspector Matare recorded by the investigating officer. The Senior Police Inspector admits, and the Commission agrees, that the conduct of assistant sub–inspector Matare and his picket in sitting inside the Gol Masjid Chowky, though required to be on bandobust in front of Gol Masjid, was thoroughly irresponsible. Strangely, no action appears to have been taken against him for this irresponsible behaviour. Though the Assistant Commissioner of Police Shyam Narahar Kundalkar made a query about the absence of assistant sub–inspector Matare’s statement while scrutinising the case diary, nothing further was done.

3.4 It is the assessment of Assistant Commissioner of Police Kundalkar that in January 1993, within Azad Maidan Police Station area, the trouble was created by groups of people from the adjoining areas of L.T. Marg, Girgaum and V.P. Road police station areas and that the incidents within Colaba and Cuffe Parade were sporadic and carried out stealthily.

3.5 During January 1993, there were in all 12 cases of looting, arson and mischief registered by the police as detailed in Annexure "C" to the affidavit of Senior Police Inspector Deore.

3.6 One Urdu pamphlet inciting the Muslim youths to resort to guerilla war against Hindus, and the brutal and communally–minded police force, was seized by the police, though no arrests were made in this case. Though the miscreants were not identified, it is apparent that they were bent upon stirring up communal disharmony.

3.7 The Shiv Sena referred to and strongly relied on the information contained in C.R. No. 5 of 1993, DCB–CID (initially C.R. No.122 of 1993 registered by Azad Maidan Police Station) to contend that there was a widespread conspiracy amongst various criminals funded by the notorious Dubai based criminal, Dawood Ibrahim Kaskar, to smuggle arms and ammunition into India and to distribute them to the Muslim criminal elements in the Muslim dominated areas in order to bring about communal riots. But, careful reading of the case papers in light of evidence of the then Additional Commissioner of Police in–charge of SB–I, CID, V.S. Deshmukh, negatives this contention. Apart from the statement of the police officer lodging the FIR, Police Inspector Rajan Dinanath Dhobale, there appears to be no other material to support Shiv Sena’s theory.

The offence is said to have occurred between 7th December 1992 to 7th January 1993, but conveniently reported on 8th January 1993 at 2000 hours. All the local criminals, incidentally Muslims, have been named as conspirators. The only supporting evidence is a statement of another police officer from DCB–CID, assistant Police Inspector Nagesh Shivdas Lohar, who claims to have relied on "secret information" received from informants to put forward the theory of conspiracy, but says that none of the informants was prepared to come forward and give statements, because of fear and terror created by five Muslim persons whom he has named. There is one more statement of Police Inspector Mohan Vasantrao Aklujkar of DCB–CID, based on information received that Kadar Rangilla, an associate of the notorious criminal, Dawood Ibrahim Kaskar, was active during the December 1992 and January 1993 riots and that he received firearms from Dawood which he distributed to criminals and miscreants in Muslim dominated areas. The said Kadar Rangilla was arrested and taken into custody. There are panchanamas dated 9th January 1993, 19th January 1993, 26th January 1993, 31st January 1993, 6th February 1993, 23rd February 1993, of searches conducted by police at various places during which nothing incriminating was found, nor seized. The entire case appears to be based on some "reliable information" which the police have never put to test. In fact, all the persons who were initially arrested on suspicion were discharged as nothing incriminatory was found.

3.8 Finally, the police classified the case in "A" summary, i.e. "true but undetected". In the view of the Commission, the truth, if any, has not been vouched by any police officer and the ‘reliable information’ relied upon by them could not be put to test. During the said period there were all kinds of rumours floated by word of mouth and in newspapers, based on strong partisan views.

3.9 The Commission, therefore, is unable to accept the contention of the Shiv Sena that the case papers of this case bear out the Conspiracy Theory advocated by it, without any material apart from the ipse dixit of police officers. In fact, Additional Commissioner of Police, V.N. Deshmukh, was candid enough to admit that, though such a conspiracy was suspected, despite vigorous investigations, the police were not able to unearth any material to support the theory, nor were they able to seize any arms and ammunition alleged to have been smuggled into the Muslim dominated areas for the purpose of engineering riots.

3.10 That the police were sold on the conspiracy theory is apparent from the fact that, even in C.R. No.841 of 1992, without carrying out proper investigations or seeking expert ballistic opinion, Senior Police Inspector Deore, shot off a report dated 26th December 1992 to his superiors hazarding a guess that the miscreants must have been Muslims and that the arms might have been illegally brought into the country from Pakistan. Under the stress of cross–examination, he was forced to admit that these views were expressed by sheer guess work and that there was no material in support.

3.11 The conspiracy theory propounded by the Shiv Sena falls to the ground.

4 Bhoiwada Police Station

4.1 This police station is a Hindu dominated area though there are small Muslim pockets strewn about.

4.2 Generally speaking, here the Muslims were at the receiving end in both the phases of riots.

4.3 Soon after the demolition of the Babri Masjid on 6th December 1992, there was no reaction from the Muslims from this area, either on 6th or 7th December 1992 or during the entire month of December 1992.

4.4 There are no active Muslim organisations in this area though Shiv Sena and BJP are very much active in this area.

4.5 Out of the 15 cases registered during December 1992, except in one (C.R.No.537 of 1992), the aggressors were Hindus and victims were Muslims. Out of 23 cases registered during January 1993, except in two cases (C.R. Nos. 30 and 35 of 1993), in all other cases Hindus were aggressors and Muslims were the victims. Properties damaged, looted, ransacked and subjected to arson were those belonging to Muslims. Out of the three hundred fifty four properties which were damaged, looted, ransacked or set on fire, about two hundred and six belonged to Muslims. The largest number of Hindu properties were damaged in a case (C.R.No.35 of 1993) was 16. Even in that case the miscreant mob was of Hindus and the properties indiscriminately damaged, destroyed were mostly vehicles parked on the road.

4.6 There was concentrated stone throwing at a restaurant known as ‘Jehangir Restaurant’ belonging to a Muslim (C.R.No.537 of 1992). Though the Senior Police Inspector says that the attacking mob was that of Muslims, it is difficult to believe his version that a Muslim mob attacked a Muslim’s restaurant. Further, there is reference to "an opposing mob of 50–60persons which was indulging in rioting and unlawful assembly" in the case papers. The Senior Police Inspector conceded that the description given in the FIR would suggest that there was a Hindu mob also which was indulging in rioting and unlawful activities. The Senior Police Inspector, however, was unable to suggest the root cause of the trouble or who started it. Here also, all the properties damaged, looted, ransacked belonged to Muslims.

4.7 The evidence suggests that even during December 1992 there were no acts of rioting or violence on the part of Muslims and the trouble started because of the Hindu mobs.

4.8 The influence of Shiv Sena in this area appears to be dominant. In fact, even during December 1992, there was an attack on one mosque known as Takhia Masjid led by the office bearers of local Shiv Sena Shakha who were raising slogans, "Hum Masjid tod denge, Hum Masjid jala denge". The Senior Police Inspector admitted that, except in a few cases, they were unable to discern whether the accused belonged to any political party or organisation. The only cases where the police were able to discern the connection of accused with any communal organisation were those in which the accused were connected with Shiv Sena.

4.9 The situation appeared to be peaceful during December 1992, despite the demolition of Babri Masjid. The trouble seems to have been caused after the Mahaartis started here from 31st December 1992. Another contributory factor to the trouble was the wide and extensive rumour that Muslims were going to attack the Hindus and hordes of Muslims would arrive by trucks to attack. Consequently, Hindus were under constant tension and spent sleepless nights posting vigil against the apprehended attacks.

4.10 The only case in December 1992, where Muslims appear to be aggressors, is registered under C.R. No. 537 of 1992 in which they resorted to violence in Adam Mistry Lane on 8th December 1992 between 1730 hours to 2000 hours. Here again, it is admitted by the Senior Police Inspector that there is no evidence to suggest that the Muslims started the trouble, though the evidence suggests that all the damage was suffered by Muslims.

4.11 The interrogation of some of the accused suggests that after the crowd dispersed from Mahaarti held on 7th January 1993 at Parel T.T., the dispersing crowd indulged in systematic stone throwing at Muslim establishments along the lane. The Hindu accused stated during interrogation that the crowd returning from Mahaarti held on 9th January 1993 at 1930 hours in Hanuman Mandir on Dadasaheb Phalke Road had attacked the Muslim establishments (C.R.No.34 of 1993).

4.12 Though there was curfew, without relaxation, enforced from 9th January 1993 to 22nd January 1993, the manner of enforcement of the order was most unsatisfactory. In fact, the control room gave a message on 10th January 1993 (vide transcript of Cassette ‘B’ dated 10th January 1993) that it had come to the notice of the superiors that there was no enforcement of curfew and a direction was given that strict enforcement of the curfew order be observed. Though Senior Police Inspector asserted that the curfew order had been strictly enforced within his jurisdiction, he was unable to explain as to why the control room gave such a directive. The riots had aggravated so much and gone out of control that Superintendent of Police Mushrif was especially entrusted with the supervision of this area, despite the presence of Deputy Commissioner of Police Zone III and Assistant Commissioner of Police of the division.

4.13 Written complaints were given by the victims of attacks that the attacks were made in full view of the police pickets who did nothing to prevent the attacks (C.R.No.21 of 1993). There is a complaint made by one V.A. Krishnan, manager of ‘Cafe Shelar Restaurant’, on 10th January 1993, that there was information about attack on his establishment and he apprehended arson and looting. His request fell on deaf ears and, as apprehended, the restaurant which belonged to a Muslim was ransacked and property worth seven lakhs was looted. This restaurant is within walking distance of five minutes from the police station. Along Babasaheb Ambedkar Road several establishments within a few yards distance were freely looted and set on fire.

4.14 The inflammatory boards seized on 2nd, 4th and 5th January 1993 from Shiv Sena shakhas and on 6th January 1993 from the Bharatiya Janata Party office suggest that they were inciting communal passions within the area.

4.15 The investigations carried out into the riot–related offences are also unsatisfactory. Several leads, which could have turned up valuable clues to the identity of the miscreants, were ignored � negligently or intentionally � by the police. C.R. No. 43 of 1993 is an instance in which anonymous information was given to the police station that the son of Prabhakar Bhumkar, Sunil, and others named therein, were ransacking and looting establishments near Kohinoor Mill Chawl. However, the concerned case diary does not indicate any investigation made in this connection. Though Sunil was arrested in connection with C.R.No.26 of 1993, the interrogation carried out in that case also does not suggest that he was interrogated in connection with the offence in C.R.No.43 of 1993.

There was another letter that one Santosh Pawar had looted a godown and had kept looted property in the house of his sister at Kannamwar Nagar. Santosh Pawar is identified as a person carrying on the business of posters. No investigation is done to follow-up this information. There was another case in which one Kishore Kisan Chavan, resident of Old Naigaum, B.D.D. Chawl No.13/41, B.G. Devrukhkar Road, Bombay–14, was named as one of the active killers, plunderers and spreaders of rumours against Muslims. No worthwhile investigation seems to have been done to follow-up this lead.

4.16 One Muslim was severely assaulted on Acharya Donde Marg and thereafter set on fire (C.R.No.23 of 1993). There was a statement made by one Vijay Jairam Ghag that the miscreant was one Santosh Ghanekar whom he had seen bashing the victim with a big stone and setting him on fire. Though the statement was made on 7th February 1993, there appears an affidavit in the case papers sworn on 8th April 1993 before a Notary Public retracting the earlier statement and denying the identity of the miscreant as Santosh Ghanekar. Though Santosh Ghanekar was arrested by police on the first statement of Vijay Jairam Ghag, he was released because of the subsequent affidavit. The Senior Police Inspector admits that Vijay Jairam Ghag must have been threatened and, for that reason, must have declined to cooperate with the police. This case came to be classified as "A" summary.

4.17 Accused Chandrakant Bhagwan Shinde was arrested in connection with the looting of Masha Allah Restaurant (C.R.No.46 of 1993). Though under interrogation he admitted that he had broken open and looted the said restaurant, no attempt appears to have been done by the police to have him identified by any one from the said restaurant. The Senior Police Inspector admitted that this was a serious lapse in the investigation as somebody from the restaurant might have been able to identify the miscreant.

4.18 One Narayan Babaji Yadav gave evidence before the Commission that his brother–in–law Ramchandra alias Nana Krishna Khedekar was missing and was not traceable. He also stated that he had no complaint that the police had not attempted to trace out his brother–in–law. On the basis of his evidence the witness says that Commission should recommend to the Government that his brother–in–law must have been killed in riots and that he be paid compensation. No circumstances have been brought out in his evidence to suggest that his brother–in–law might have been killed in the riots. All that has been shown is that his brother–in–law is missing. In these circumstances, the Commission is unable to grant his request as on the basis of the material on record the Commission is unable to say that Ramchandra alias Nana Krishna Khedekar might have died in a riot–related incident.

5. Byculla Police Station

5.1 The majority of residents here are Hindus though there are pockets of Muslims. Tadwadi, Love Lane, Parab Chowk are Hindu majority areas, while Navanagar, Dockyard Road, Hussain Patel Marg are Muslim majority areas. Anjirwadi locality has a mixed population of Hindus and Muslims, though in Anjirwadi itself the residents are all Hindus. Sitafalwadi is predominantly inhabited by Muslims. Kasargalli is a Hindu predominant area. Dattaram Karande Marg (Old Belvedre Road) has a mixed population of Hindus and Muslims, though Muslims are in majority. Boatawala Chawl, also known as Haji Kasam Chawl, has a mixed population of Hindus and Muslims; within the chawls, the Muslims are in minority, but in the vicinity, the Muslims are in majority. Ghagara building is completely inhabited by Muslims, while in Hathi Baug the Hindus are in majority. Modi Compound is mostly occupied by Muslims. BPT Chawls has more number of Hindu residents than Muslims in all its 10 buildings. Laxmi Industrial Estate and Kopargaon Estate have mixed population; the number of Muslim residents is larger in Laxmi Industrial Estate, while the number of Hindu residents is larger in Kopargaon Estate area.

5.2 This area never had any known criminal gang operating therein, nor is it under the influence of any drug peddlers or criminal gangs.

5.3 Bharatiya Janata Party does not have any office or noticeable activity in this area, but Shiv Sena has three Shakhas located at Tadwadi, Love Lane and Kasar Galli.

5.4 The first incident took place in this jurisdiction on 7th December 1992 between 1100 to 1200 hours near Dockyard Junction when a mob of about 500–600 hundred Muslim youths were trying to enforce a bandh and obstructing the traffic on the main road and also deflating the tyres of the vehicles on the road. This was objected to by a mob of about 200–250 Hindus coming from Kasar Galli. The police also attempted to prevent the blockage of traffic. This resulted in stone throwing by each mob against the other and the police. The police resorted to firing to disperse the mobs. A section of the Hindu mob dispersed into D’lima Road which is inhabited by Muslims and Christians. The mob damaged a Maruti car parked on the road belonging to a Muslim and several Muslim shops and establishments on that road.

5.5 At about 2015 hours, on 7th December 1992, it was noticed that one Police Constable, Chandrakant Ramji Khopkar, of LA-II was stabbed to death near the bus stop opposite J.J. Hospital.

5.6 At about 2245 hours on 7th December 1992, the area of Haji Kasam Compound and Modi Compound saw pitched battles between Hindus and Muslims. A Muslim mob of about 200–250, pelted stones and soda-water bottles at Botawala Chawls which house Hindus. Some of the miscreants in the mob also damaged a small roadside Hanuman Temple and broke the idol. Lathi charge by the police did not produce results and police resorted to firing to bring the situation under control.

5.7 The area of Modi Compound saw another round of stone throwing and riots between Hindus and Muslims on 8th December 1992 at about 0730 hours which required firing of 12 rounds to control the situation. There was also throwing of stones and soda–water bottles by Muslims from Ghagra Building towards Botawala Chawl.

5.8 On 9th December 1992, at about 1025 hours, there were riots between Hindu and Muslim mobs, when a mob of 150 persons of Hindus from BPT colony started attacking the Muslims on Hussain Patel Marg. Sixty miscreants (34 Muslims and 26 Hindus) were arrested by the police, out of whom some of the miscreants were not residents of the area, indicating that they were outsiders who had come in for making trouble. The interrogatory statements of these accused do not even indicate whether they were interrogated as to what the accused were doing in BPT Colony (Ekta Nagar) though they were residents of distant areas, during the trouble that was going on all around the city on that day.

5.9 On 9th December 1992 there was also an a incident of a motorcar being set ablaze in Prabhatwadi Compound, Love Lane.

5.10 On 12th December 1992, at about 0230 hours, one Phulchand V. Waghela was stabbed and on the same day at about 0730 hours, a motorcycle was burnt in the compound of J.J. Hospital. On 18th December 1992, a complaint was made by advocate M.H. Khan, on behalf of one Abdul Haq Kasim Ali Ansari, owner of Tabussam Enterprises in Mhatra Compound, Narialwadi, about rioting, assault and arson on 7th December 1992.

5.11 This area did not see any incidents after 12th December 1992.

5.12 On 7th January 1993, at about 0645 hours, one Shripati Shriram Shelar, a BEST lightman on duty of switching off electric lights on Dr. Mascerenhas Road, was stabbed by four unknown persons. On the same day, at about 1915 hours, one Nilesh Dujya Mulya was stabbed near the main gate of J.J. Hospital and another Hindu, Dinesh Dujya, was injured in the stabbing.

5.13 On 8th January 1993, at about 1145 hours, a Muslim shop opposite Shirin Manzil, Tadwadi, was attacked by Hindus and damaged. The mob of Hindus also chased and stabbed one Anwar Karim Lulla, Muslim, who was passing along the road. At about 1430 hours one Pralhad Shamrao Ghorpade, Hindu, was stabbed to death on the footpath of J.J. Hospital. At about the same time, a tin shed in the Dhobighat within J.J. Hospital compound housing the shoe–making business of a Muslim was attacked with fireballs and set on fire by the Hindu residents of a tall residential building behind the Dhobighat. Hindu mobs armed with stones, knives and fire–balls damaged Muslim shops at the junction of St. Mary Road and S.V. Road and ran towards Tadwadi. Some of the establishments of Muslims in that area were set on fire by the Hindu residents. Shirin Manzil was repeatedly attacked by Hindu mobs and each time the attack was repulsed by the police by resorting to tear-gas and even firing. Hindu mobs attacked the offices of advocates opposite Mazgaon Court with stones, bottles and fire–balls and set fire to the office of one Muslim advocate resulting in the fire spreading to the adjoining offices.

5.14 On 8th January, between 2215 and 2300 hours, there was a violent clash between Hindus and Muslims on Dr. Mascerehans Road, near Hasna Baug, opposite Anjirwadi. At about 2015 hours, on the same day, one Muslim, Abbas Kasim Mharana, driving along Gunpowder Cross Lane and near Badshah Hotel was surrounded by a mob of 15 Hindus who threw kerosene on his car and set it ablaze. Abbas received extensive burn injuries and died as a result thereof. Surprisingly, there was a fixed police picket near Militia Apartment on Mathar Pakhadi, barely two lanes away from this ghastly incident, which seemed hardly aware of the incident.

5.15 On 9th January 1993, at about 2030 hours, a mob of about 200–300 Hindus was found throwing stones, soda–water bottles and brickbats near BIT Chawl, Love Lane. At the same time, another mob of 200-300 collected nearby and was indulging in similar activities. Attempts to control them by the police enraged the two mobs who started attacking the police. The police resorted to lathi charge, but the receding mobs started damaging the property on the road, like handcarts and motorcars by setting them on fire. At about this time, another 300–strong mob entered Love Lane from Parab Chowk and started throwing fire balls and soda–water bottles on the road. The police were encircled by the different Hindu mobs and had to resort to firing to disperse the mob. The riotous activities of the mob left in their wake a godown, a motorcar, opposite Mazgaon Telephone Exchange, and a motor–taxi in front of BIT chawls, on fire. Some of the stalls, shops, one motorcar and scooters, at Parab Chowk, and a carpet godown at Hathi Baug, were also set on fire. The arson of the carpet godown resulted in the burning alive of one Mallappa Dharmappa Kamble who was inside the godown.

5.16 On 9th January 1993, at about 0645 hours, a Hindu mob collected at Kasargalli near Ghosia Road and was throwing soda–water bottles and stones on the road. When the police attempted to intercept it, the mob turned its attack on the police. There were also stabbing incidents in which two Muslims, Hussain Ibrahim Bangi and Abdul Razak Fakir Mohamad, were stabbed in Kasargalli. Hussain Ibrahim subsequently succumbed to the injuries.

5.17 On 10.1.1993, at about 1100 hours, there was riotous activity by a mob of about 100–150 Muslims armed with swords, stones and bottles throwing the missiles on the road while advancing along Gun Powder road. At the same time, another mob of Hindus also collected near Star Cinema, about 75 yards away from Kasargalli, and was hurling stones and soda–water bottles. Vehicles parked on the road and the shops around the Star Cinema were attacked and set on fire. Though the police maintain that at about this time there was an instance of private firing from the terrace of the masjid opposite Star Cinema, the evidence on record does not support this story of the police. The police actually entered the mosque opposite Star Cinema and searched the terrace of the mosque as well that of as the adjacent residential building known as Masjid House. Though they managed to seize two crates of soda–water bottles, eight iron rods and four fire–balls, no firearms were recovered. Though the police produced a piece of fired bullet as the recovered empty bullet fired in private firing, allegedly found on the footpath opposite the masjid, the ballistic expert has opined that it was fired from a .303 calibre, a fire–arm used by the police. The story of private firing does not lend itself to credence.

5.18 On 10th January 1993, at about 1200 hours, a mob of Hindus numbering 100–200 went on the rampage near D.P. Wadi, Ghodapdeo and set on fire parked vehicles on Arbi Marg. One Umesh Shantaram Salunke, a Hindu, who died in police firing and another Hindu, Sayaji Bapu Gharde, who was injured in the police firing, were residents of the same area. Surprisingly, in April or May 1993, a cross lane situated near the place where Umesh Shantaram Salunke was shot, was renamed by Bombay Municipal Corporation as Umesh Shantaram Salunke Marg. Though the police maintain that Umesh Shantaram Salunke was not connected with any political party, and was actually indulging in riotous activities when shot, this renaming of the lane suggests political connection, or absurdity.

5.19 On 10th January 1993, at about 1000 hours, a mob of Hindus collected opposite Ranibaug in Ramnagar and started setting fire to the wooden stalls of Muslims on the footpath. Intervention by the police resulted in stones and bottles being thrown at the police. This invited police firing as a result of which one Hindu, Naresh Ganpat Tavate, was killed and another Hindu, Palani Mani, was injured. At about the same time, a Hindu mob went on rampage on D.S. Patanwala Road and started setting fire to the parked vehicles on that road and a mob of 100–150 Hindus collected near Masina Hospital to attack the vehicles parked on the road and set them on fire. A mob of about 1300–1400 Muslim youths collected near Mustafa Bazar Masjid and was indulging in riotous activities. When the police went to deal with it, another armed and violent mob of Muslims, about 300–400 strong, came rushing from Narielwadi towards Mustafa Bazar and it appeared that the police contingent was likely to be trapped between the two violent mobs. The police also alleged that there was private firing at them from someone in the mob. To meet the situation, the police resorted to firing and dispersed the mob. The police later discovered that two Muslims were stabbed and injured on Sant Savta Marg.Strangely, the two stabbed Muslims were found lying on Sant Savta Marg at a distance of about 100 to 150 feet from Masina Hospital gate, despite a fixed police bandobust in the close vicinity. It would appear that the two stabbing incidents took place before the two Muslim mobs came to the area and were probably the cause for the Muslim mobs to go on rampage.

5.20 On 11th January 1993, between 0200 to 0600 hours, one Muslim, Mohamad Salim, was found stabbed and dead in a pool of blood on Shivdas Chapsi Marg near Ali Kadri School. Another Muslim was also found lying in a pool of blood near the bus stop on the road with stab injuries. Both the deceased did not appear to be local residents but outsiders.

5.21 On 10th January 1993 at about 1150 hours, there was a full–scale riot at Haji Kasam Chawl, Rambhau Ghogare Marg in which a Hindu mob clashed with a Muslim mob. Though, the police claimed that there was private firing at them, they are unable to say whether the private firing was from the Hindu or the Muslim mob. The police firing to quell the mob resulted in the death of one Hindu and another person whose identity is not established. Two Hindus were also injured in police firing. Two Muslims were found stabbed in mob action of stabbing and one Hindu died as a result of stabbing during the incident.

5.22 On 11th January 1993, at about 2340 hours, a violent mob of 100-150 Hindus gathered at Ghodapdeo Cross Road No.1 and started throwing fire–balls and bottles filled with kerosene and lighted, on the timber godowns of Muslims. As a result the said godowns caught fire. In the attempt to burn down the Muslim establishments, several Hindu godowns also caught fire and burnt down. Four Hindus have been arrested in this case.

5.23 On 10th January 1993, at about 0838 hours one Bapu Jaiwant Wagh, Hindu, was stabbed by unidentified persons when he was coming out of Reay Road Railway Station.

5.24 On 13th January 1993, at 1315 hours, an industrial establishment in Laksmi Industrial Estate was set on fire by unknown persons by throwing a lighted object through the window of the establishment. One Hindu has been arrested in this case.

5.25 On 14th January 1993, at about 1100 hours, Rahimatulla Jamaluddin Shaikh, a Muslim, walking along Nesbeitt Road was pounced upon by a mob of Hindus who questioned him as to his name and, after making sure that he was a Muslim, stabbed him with sharp weapons. Three Hindu accused, local boys from Tadwadi area, have been arrested.

5.26 On 10th January 1993, at 0745 hours, one Sayyed Mohamad Shafiq Zaidi, Muslim, was pounced upon by four Hindus and stabbed with knives. Four Hindus have been arrested in this case and all of them are residents of Tadwadi. The Senior Police Inspector admitted that during the relevant period, a number of young boys were going around and indulging in such acts of violence against persons of the other community, so that they could boast of having done something great.

5.27 On 21st January 1993, at about 1145 hours a Muslim, Abdul Hussain Dalvi, passing by Shubh Sandesh Building on Hansraj Lane, was accosted by two persons who came on scooter, questioned him in Marathi about his name, and after ascertaining that he is a Muslim, shot him with a revolver. Dalvi and his nephew walking along with him ran towards Nesbeitt Road, but were again subjected to firing by the culprits, resulting in injuries to Dalvi. Hansraj Lane is a predominantly Hindu area and the residents of Shubh Sandesh building are all Hindus.

5.28 On 10th January 1993, at about 1430 hours, there was an attempted arson of godowns situated on Tank Bunder Road and Ray Road. Two mobs of about 100–150 Hindus went around indulging in riotous and violent activities and setting fire to godowns and vehicles parked on Ray Road.

5.29 On 10th December 1992, at about 0930 hours, one Abdul Kadar Malbarwala going towards St. Peter’s School was shot at opposite Nandu General Stores, opposite Shivdas Chapsi Marg by three unknown persons. He was admitted in the hospital and discharged on 30th December 1992, but reported the matter only on 4th February 1993, when his complaint was registered.

5.30 On 8th January 1993, one Ram Dubey, Hindu, walking along Barrister Nath Pai Marg was stabbed and injured by unknown assailants.

5.31 During December 1992 and January 1993, although there was an army column deployed in this jurisdictional area, the police used it only for the purpose of flag marching and there was no instance when the army personnel were called upon to take charge of any situation. The Senior Police Inspector asserted that he did not come across a single situation where the army should have taken up operations for handling the situation.

5.32 The Senior Police Inspector maintained that the quality and quantity of arms and ammunition, equipment, communication equipment and transport vehicles was inadequate to meet even the normal day–to–day situation and was, therefore, hopelessly inadequate to meet the situations which arose during December 1992 and January 1993.

5.33 During the period August to December 1992, Bharatiya Janata Party and VHP carried out Ram Paduka Pujan programmes and Ghantanaad to focus the attention of the Hindus on the Ram Janmabhoomi–Babri Masjid dispute.

5.34 This area houses the residence of Shri Chhagan Bhujbal, one time stalwart of Shiv Sena, who later on defected to Congress–I. The Shiv Sena organized protests on 15th November 1992 against his act of desertion of the party and made an attempt to perform his symbolic ‘shraadh’ (funeral) rite which was prevented by the police.

5.35 Haji Kasam Chawl appears to be a focal point of communal clashes since 1984. In fact, in 1984 and 1987 communal clashes took place in Haji Kasam Chawl between the Hindu and Muslim residents because of support to the Pakistan Cricket team voiced by the Muslims.

5.36 The call given by the Bombay Muslim Action Committee for bandh on 2nd December 1992 evoked vide response in the Muslim predominant areas of Nava Nagar, Modi Compound, Narielwadi, Sitafalwadi, Mustafa Bazar, Dr. Mascerenhas Road and Sant Savta Marg, where 90 % of the Muslim establishments remained closed. There was equally enthusiastic response to the call for bandh on 7th December 1992 by Muslims. Nasim Kazi, a corporator of Janata Dal, appears to have been active in moving around on 7th December 92 to enforce the bandh and he is an accused in connected C.R. No. 570/92.

5.37 Cross–examination by the Shiv Sena brought into focus the activities of one Muslim family of Barmares residing on the ground floor of Botawala Chawl. The Barmare brothers, Shaukat, Fayyaz, Sajid and Salim, appear to be notorious characters frequently indulging in criminal activities. Shaukat, Sajid and Salim have been arrested in criminal cases in which provisions of TADA Act were applied.

5.38 According to the Senior Police Inspector, during the December 1992 riots, the Muslims were the rioters and their first targets were the police, Hindus and their properties, in that order. He also says that during December 1992 the riots were confined to the Muslim predominant areas and Muslims started the riots for the reason that they were generally angry with the police for failure to give proper protection to the Babri Masjid.

5.39 The paucity of manpower is pleaded as an explanation for the inability of the police to effectively patrol all the lanes and bye–lanes which resulted in a spate of stabbing cases around the J.J. Hospital area.

5.40 This area saw one case of private firing in December 1992 and at least two cases of private firing in January 1993 in which the victims were Hindus. Searches of the suspected premises from which private firing were made, but did not result in recovery of fire–arms. The work of maintaining the list of licensed fire–arm holders is concentrated in the office of the Commissioner of Police. Though all Senior Police Inspectors had suggested that each police station be supplied with a list of licensed fire–arm holders in their respective jurisdictions, this suggestion did not meet the approval of the Commissioner. As a result, no Senior Police Inspector is sure of the identity of persons who hold licensed fire–arms in his jurisdiction.

5.41 The Senior Police Inspector asserted that in December 1992 the initial attacks on Hindus were made by Muslims which invited retaliatory attacks by Hindus upon Muslims and in January 1993, the spate of stabbing incidents of Hindus coupled with the news regarding the murder of Mathadi workers in Dongri area and the Radhabai Chawl incident had heightened communal tension within the area and that the rioting which started on 7th January 1993 in the area was also started by Muslims.

5.42 A curious fact came to light with regard to the manner in which the Shiv Sena was doing propaganda to prejudice the mind of the management of Mazgaon Dock. Some of the accused arrested in connection with the rioting near Star Cinema were Muslims. The Shiv Sena Union represented to the authorities of Mazgaon Dock that Mazgaon Dock was a high security area and that the Muslims accused in offences for rioting should not be allowed to enter the Dock areas. As a next step, the Shiv Sena propagated that, all persons belonging to Muslim community are unreliable and all Muslim workers should be prevented from entering the Mazgaon Dock area. Boards to that effect were put up in the Mazgaon Dock area. The Hindu residents of Kasar Galli, which is mainly used for passing through to Mazgaon Dock, took upon themselves the burden of enforcing this injunction of the Shiv Sena.

5.43 The manner in which the riot–related offences were investigated by the police, both in December 1992 and January 1993, give the distinct impression that the police were won over by the activists of Shiv Sena.

5.44 In C.R.No.591 of 1992, the complainant, Abdul Haq Kasim Ali Ansari, owned a tailoring business, Tabussum Enterprise, at Narielwadi, Mazgaon. On 7th December 1992 his establishment was attacked by Hindus from his locality with whom he was very familiar. Abdul filed a complaint bearing C.R.No.591 of 1992 in which he named the miscreants as Sada, Chotu, Sunil, Rajesh Mhatre and 15–20 other persons. The miscreants had looted his establishment, carried away some valuable machinery and set fire to the establishment. All miscreants were from Narielwadi and stayed right opposite his establishment and he knew them for more than 15 years. He also knew the residential addresses of Sada, Rajesh Mhatre, Sunil and Chotu and that every day they used to sit and play cards with the police.

When the incident of attack and looting took place, Senior Police Inspector Patankar, Inspector Wahule and Sub–Inspector Ram Desai were present near his establishment and the entire incident of looting the properties took place under their very noses without any attempt being made to stop the miscreants. Again, during the night of 7th December 1992, Sada and Chotu were seen sitting and chatting away with Inspector Wahule and some constables on bandobust duty right opposite the factory of Ansari. In the morning of 8th December 1992, between 0530 to 0600 hours, while the policemen had moved away, Sada, Chotu, Sunil and Rajesh, and some other persons, again attacked the factory of Ansari with stones. Ansari made a complaint on telephone to the Byculla Police Station requesting for police help. Senior Police Inspector Patankar told him that there was some staff already on bandobust who would take care of the situation.

Between 0730 to 0830 hours police came to the spot. This time the police party was led by Inspector Wahule who barged into the factory and started assaulting Ansari and his cutter–master with an iron rod, resulting in fracture of his hand. Ansari was thereafter dragged by Police Inspector Wahule to the police van and taken away to the police station, being assaulted all the time. Half the number of his workers had run away because of fear and the other half locked themselves inside the factory. The police broke open the factory’s entrance and arrested the workers inside.

While Ansari, his brother and others were in lock up, no medical treatment was made available to them, and whenever a complaint of pain was made by Ansari, officers Desai and Wahule retorted that they should consider themselves lucky that they had only broken hands and not broken legs. To add insult to injury, the police filed a false case against Ansari and his workers. The Criminal Court released him on bail on 15th December 1992. On 18th December 1992 Ansari handed over a written complaint to the police station. On 19th December 1992 Inspector Wahule came to the factory and made a panchnama. Nothing was heard till 4th January 1993. On 4.1.93 Ansari was called to the police station. Inspector Wahule insisted that he would have to compromise with Sada, Chotu, Sunil and Rajesh Mhatre. Ansari refused to do so. Ansari’s signature on his purported statement in original C.R.No.591 of 1992 was taken on that day. Inspector Wahule impressed upon Ansari that since the C.R. had already been prepared and registered on 29th December 1992, Ansari’s signature should be backdated to that date and Ansari complied with this request.

Ansari denied the contents of his so–called statement. He asserted that Sada, Sunil, Chotu and Rajesh Mhatre were activists of Shiv Sena and that he had never made a statement to the police that he was mistaken about the identity of Rajesh Mhatre or that he did not know Sada, Chotu and Sunil since they were outsiders. Ansari asserted that the full name of Sada is Sadashiv Shankar Deshmukh, who resides in Sai Krupa building and is popularly known as Sada by the people in Narielwadi. He used to be an activist of Chagan Bhujbal, when Bhujbal was in Shiv Sena. Ansari denied that he had told the police that the Sada named by him in his statement was not Sadashiv Shankar Deshmukh, resident of Sai Krupa building.

The evidence of Senior Police Inspector given on this issue before the Commission appears to be wholly unreliable. The Senior Police Inspector was asked searching questions by the Commission and from the answers given by him it appears that the entries in the case diaries were fabricated in order to oblige Sada, Chotu, Sunil and Rajesh Mhatre. Taken in conjunction with the evidence of Ansari on oath, the Commission has no doubt that there was deliberate scuttling of the investigation by the police, because the accused were influential Shiv Sainiks. Inspector Wahule, Sub–Inspector Ram Desai and Senior Police Inspector Patankar are squarely to blame for this. (Section 8–B notices issued)

5.45 In a case of attack on one Anwar Karim Mulla, who was chased and stabbed opposite Shirin Manzil, Tadwadi, one of the arrested accused, Krishna Narayan Rane, is a Shiv Sainik. Though the papers in the C.R. do not indicate this fact, the Senior Police Inspector admitted the said fact.

5.46 The Hindus virtually terrorized the Muslim residents in the areas along Shivdas Chapsi Marg right upto Hancock Bridge, and in the Malpakhadi area, leading to a feeling of insecurity in the minds of the Muslim residents causing exodus of Muslims to safer places. In the subsequent looting and ransacking of properties in this area, which is the subject matter of C.R. No.15/93, out of the 73 properties damaged, 66 belonged to Muslims and seven belonged to Hindus.

5.47 In the incidents which are subject matters of C.R. No. 20/93, under stress of cross–examination, Senior Police Inspector Patankar admitted that Durga Bhavan and three adjoining buildings situated at D’Lima street are inhabited by Hindus and that the Hindu residents of those buildings were throwing stones and soda–water bottles on the Muslim establishments situated on D’Lima Street.

5.48 There is a building by name Meena Apartments on Chapsi Bhimji Marg, Mathar Pakhadi. On 9th January 1993 the Muslim houses in that building were broken open and ransacked between 2300 to 2400 hours. Significantly, there was an armed picket of three to four policemen stationed at about 50 to 60 yards from the entrance to Meena Apartments. In C.R.No.25 of 1993, despite the witnesses naming a large number of Hindu persons as miscreants, only two have been arrested and the rest are said to be absconding.

5.49 This is another area where the Mahaartis led to violence. The police, of, course maintain that the Mahaartis passed off peacefully and did not result in any violent activities.

5.50 The records of the police do not show what really transpired. Although the Commissioner of Police had instructed that, in the event of complete blocking of traffic, cases had to be registered against the organizers of the Mahaarti, the police found a convenient excuse to evade action by saying that the traffic was diverted through some other area and therefore it would not be a situation of complete blockage. This happened with regard to the Mahaarti between 2015 to 2040 hours on 9th January 1993 at Hanuman Mandir on Dr. Babasaheb Ambedkar Road.

5.51 Another strange feature here is that out of five Mahaartis held in this area, the Mahaarti held at Hanuman Mandir on Dr. Mascerenhas Road on 9th January 1993 and another held on the same day at Hanuman Mandir B.A. Road, were held during the period when curfew orders were in operation. Senior Police Inspector admitted that despite the operation of the curfew order he had, on his own responsibility, taken a decision to permit the Mahaarti as otherwise the situation would have deteriorated. This he did, notwithstanding the instructions of the Commissioner of Police by B.C. Message that the curfew order had to be implemented strictly.

5.52 The Mahaarti was not a surprise event. The timings of Mahaartis were publicized in advance and the police very well knew them. Even the Assistant Commissioner of Police of the division, Chavan, was present during the Mahaarti. The curfew order was reduced to a farce in view of this attitude of the police. The assertion of the Senior Police Inspector that there was no violence in the wake of Mahaartis was proved false in view of the wireless messages exchanged between the Control Room and Byculla Mobiles and the Assistant Commissioner of Police’s mobile. The Assistant Commissioner of Police, Byculla Division, gave a message (page 21 of Cassette 34/A dated 9th January 1993) in which he said that the people coming from the Mahaarti at Sant Savta Mandai, Dr. B.A. Road, were indulging in riots. Though the Assistant Commissioner of Police clearly said that the people coming out from the Mahaarti were indulging in "danga" (riot) and was himself present at the place of incident, Patankar maintained that the people were merely singing bhajans and songs and shouting slogans like "Jai Bajrang Bali". This is another instance of over–enthusiasm on the part of the police officers to cover up the fact that the Mahaarti did lead to violence. Under persistent cross–examination, the Senior Police Inspector was forced to admit that, as soon as the Mahaartis at Hanuman Mandir and Anjirwadi on 9th January 1993 took place, there were riotous and violent incidents in areas within a half–kilometre radius from the sites of the Mahaartis.

5.53 Finally, Senior Police Inspector Patankar admitted that a serious incident narrated in paragraph 33 of his affidavit took place on 9th January 1993 soon after the Mahaarti, and it must have been done by the crowd dispersing from the Mahaartis, but because the police were extremely short of manpower, they were unable to maintain adequate bandobust at the places of incidents. That the police were short of manpower and, therefore, such incidents took place is understandable; the crude and pathetic attempt to prevaricate and mislead the Commission on this issue is despicable.

5.54 The people who participated in the Mahaartis were unarmed according to the police. However, after the Mahaarti, while the dispersing crowd went on rampage and indulged in riotous and violent activities, they appeared to be magically armed with iron bars, crow–bars and such other articles used to break open the shops. The police explanation for this magical presence is that the people might have gone home and picked up such weapons!

5.55 Though the police maintain that, despite their best efforts, they had not been able to identify the people who fomented the trouble in December 1992 or January 1993, the Control Room wireless conversations give an indication. For example, in the Control Room Cassette 39/B page 15 dated 10th January 1993 corresponding to Log Book Entry of the Wireless Control Room at 0010 hours on 10th January 1993, there is message from Control Room to Senior Police Inspector Byculla, that on Gun Powder Road and Chapsi Bhimji Road, Shiv Sainiks had congregated. The Commission assumes that they had not congregated at the height of the riots, and in the dead of the night, to sing bhajans and kirtans (songs of devotion).

5.56 The evidence of the private witnesses examined before the Commission makes very unhappy reading, clearly showing the bias of the police. The police were not promptly attending to complaints made by Muslim victims and, on occasions, the Muslim victims who went to complain were taunted for being Muslims and were themselves falsely charged with offences.

5.57 From the evidence of Gausia Abdul Aziz Shaikh, it would appear that the Muslim residents of Pathan Chawl were attacked with stones and soda– water bottles on 10th January 1993. When there was a complaint made by one Sultanbhai residing in the building, the police arrived at the spot, but instead of chasing away the miscreants and taking action against them, the police misbehaved with the residents of Pathan Chawl. This led to a protest morcha by Muslims to the police station. There was also a counter–blast protest morcha by the Hindu ladies claiming that the police were harassing Hindus.

5.58 There is one incident which is very serious in the view of the Commission and amounts to cold–blooded murder by the police. Between 1100 to 1130 hours on 10th January 1993, after having arrived at Pathan Chawl, the police forcibly entered the premises of the Muslims and started picking them up. They entered the residence of one Hasanmiya Wagle, terrorized the wife of Hasanmiya and his daughter Yasmin at the point of rifle, picked up Hasanmiya’s 16–year–old son, Shahnawaz, and dragged him out, all the while kicking him and assaulting him with rifle butts. Yasmin Hasan Wagle, saw Shahnawaz being taken towards police vehicle, when one of the constables standing behind him shot him from behind, almost at point blank range. Immediately, the policemen dragged the body of Shahnawaz by the feet and dumped it in the vehicle and took it away. Yasmin and her mother came down later and saw that the spot where Shahnawaz was shot down had a pool of blood.

5.59 Yasmin Hasan Wagle is a young, intelligent and educated girl who gave evidence before the Commission. Her evidence was precise and clear, though punctuated with bitter sobs. The Commission is inclined to accept her evidence as true. In fact, after recording her evidence, the Commission had directed the Commissioner of Police to make an inquiry into this grisly incident.

The Commissioner of Police directed the Deputy Commissioner of Police of Zone–IV, Surindar Kumar, to hold an inquiry. Surindar Kumar held an inquiry and submitted a report to this Commission which is at Exhibit 2060(P) (Collectively). Despite overwhelming evidence which, in the opinion of the Commission, clearly indicts the police for cold–blooded murder of Shahnawaz, the Deputy Commissioner of Police has adroitly white–washed the affair and recorded a finding that the statements of two/three witnesses could not be safely relied upon and that Yasmin or other witnesses had never reported the incident to the police.

It would be a sheer waste of time of the Commission to scan the record of the enquiry or the manner in which it was held and the atrocious findings recorded therein. The Commission cannot, however, but highlight the statement of Manohar Pandharinath Gobdule, Police Naik No.9217 recorded on 24th June 1994 by Deputy Commissioner of Police Surindar Kumar. The said police Naik stated that on 10th January 1993, at about 1130 hours, Police Sub–Inspector Fadtare and PC 17385 (Devdutta Ramaji Yadav) of Byculla Police Station brought injured persons in a public Matador No. BLB 4530 working under Byculla Police Station and that he was present there at that time. The name ‘Wagle Taher Shah’ is entered in the APR register vide Sr. No.343, where the remark "bullet injury" is shown and the patient is shown as having expired on 11th January 1993.

Devdutta Ramaji Yadav (PC 17385) obviously prevaricated when he stated that he did not go to Pathan Chawl locality on 10th January 1993, did not admit any injured person in J.J. Hospital or that he did not know who admitted the injured persons. Similarly, according to the statement of Police Sub– Inspector Jagganthrao R. Fadtare, recorded on 18th June 1994, he was not even aware that one Shahnawaz Hasanmiya Wagle was injured in police firing or that he died in police firing. According to Fadtare, he had recorded the statement of PN 18422 Gowalkar about the riots which took place and that there was no mention in the FIR about any person being injured or dying in consequence of police firing. Fadtare barefacedly lied that no person injured in police firing was brought to the police station, nor was he given information about any such person taken to hospital.

5.60 That the concerned Police constable and the Sub–Inspector were lying is evident. That the Deputy Commissioner of Police glibly recorded his finding that ‘the evidence of the Muslim witnesses was unreliable’ indicates either that there was utter non–application of mind to the statements before him, or that he was a party to the brazen cover–up of what is virtually cold–blooded murder of one young Muslim boy, irrespective of whether he was accused of any offence or not. The Commission strongly feels that this is a matter of which the Government must take a very serious notice, and have it investigated by an impartial agency and take strict action against the guilty persons. Yasmin and her father have disowned their purported statements recorded by the police and have said that no such statements were made by them.

5.61 The evidence of Dilip Narayan Vijapurkar, an activist of Bharatiya Janata Party, brings out that several activists of Bharatiya Janata Party and Shiv Sena reside in Haji Kasam Chawl. Though he maintains that the trouble was started on 6th and 7th December 1992 from the Muslims who continuously threw stones at the residences of the Hindus, resulting in injuries to some Hindu residents, he says that if the Hindus had not retaliated, they would have been finished in the 20 or 25 minutes that the police took to come to the spot. Of course, according to him, the "retaliation" merely consisted of picking up planks of wood and using them as shields to protect themselves.

5.62 As to the trouble which took place in January 1993, Dilip has something interesting to say. According to him, on 10th January 1993 he was at home and the moment the news spread that one Prasad Mahadeo Kochare, a resident of the chawl aged about 22 was killed, the rioting started and the attack immediately started from all three sides. The news which spread was that Kochare had been killed by Muslims, and according to Dilip, along with the news the attack also started. Again, the Hindus retaliated, but apart from throwing small bottles like milk bottles, hair–oil bottles and cups and saucers, there was no further ‘retaliation’ by Hindus who merely called the Byculla Police Station to send help. There is an element of the comic in this story. Prasad Kochare, innocent, apolitical, quiet and peaceful man, was presumably killed by Muslims. If this news spread, then it would be impossible to think that the Muslims should mount the attack. The attack obviously must have started from the Hindus enraged because of Prasad Kochare being killed. Undoubtedly, the witness tried to underplay the role of the Hindus, but unwittingly gave a glimpse of the truth. Dilip’s version needs to be accepted with a pinch of salt in view of the fact that he was himself an accused in riot cases and also an externed goonda.

5.63 The evidence of Rajendra Yeshwant Shirke brings out the role played by Shaukat Barmare, Faiz, Zuber, Junaid and other Muslims in attacking the people moving in vehicles and/or foot along Barrister Nath Pai Marg on 6th December 1992 and supports the version of the police that the Barmare brothers were instigating trouble.

5.64 The evidence of Laxmi Narayan Ramchandra Bhattad, a lessee of some of the plots of Reay Road on which timber godowns had been constructed, suggests that one Hyderali and his son were instrumental in creating trouble and setting fire to the godowns of timber establishments on Reay Road, which resulted in heavy losses. According to him, the police had failed to take action despite a previous warning of the attack on his godowns and he strongly felt that the police might have acted ‘on instructions from political leaders’. Bhattad certified that the basis for this belief was that during the riot periods a number of MLAs and corporators used to regularly visit Byculla Police Station and Hyderali himself was on the Peace Committee.

5.65 The evidence of Shabbir Abdul Hussain Tambawala, resident of Meena Housing Society, Mazgaon, Mathar Pakhadi Road, shows that the attack on his building came in full view of a police picket which was hardly 150 feet from the gate. In fact, he says that two policemen with arms had come there and were standing near the locked gate of the building, when the Hindu miscreants were jumping over the gate of the building to attack the Muslim residences. The role of one Assistant Police Inspector Jaiswal in connection with this incident corroborates the suspicion that the police were collaborating with Shiv Sainiks. According to Shabbir, one Shekhar, a Hindu resident of the building, was responsible for the attack on his house. He made a complaint about the entire incident on 9th January 1993 which was registered only as a non–cognizable offence on 25th February 1993 by the police. According to the witness, Shekhar was warned in the presence of Shabbir and nothing further was done. Interestingly, when Assistant Police Inspector Jaiswal, the police officer concerned, called Shekhar and Shabbir to the police station, some of the local leaders of Mazgaon, Shashi and Anant Narayan Shingre, a local Shiv Sena Shakha Pramukh were present there. Assistant Police Inspector Jaiswal counselled Shabbir that during communal disturbances some such incidents were bound to take place, that he should not take them seriously if he intended to continue to stay in the same locality and that he should give in writing that he was compromising the matter. Shabbir of course refused to give any such thing in writing.

5.66 The evidence of Sayyed Mahomad Hussain, the owner of a Confectionery shop in Kanji Allarakha Building on Mathar Pakhadi Road also suggests that the police were biased against the Muslims and were collaborating with the Shiv Sena. This, despite Sayyed’s attempt to be on the good books of ex–Shiv Sena leader, Chhagan Bhujbal, by sending him a 4 kg. chocolate cake in the shape of bow and arrow (the election symbol of Shiv Sena). He says that he did not make any complaints earlier, as he was scared. The main persons behind the attacks on the Muslim shops including his shop were Praful Naik and Ram Naik, Bharatiya Janata Party activists. According to him, despite repeated attempts made by him to contact Byculla Police Station, he was unable to get through. He then called the Commissioner of Police and made a complaint with one Virani, secretary of the Commissioner of Police. When he attempted to make a second call to the Commissioner about another event, he was snubbed by Virani.

5.67 By an order dated 8th June 1994, the Commission had issued a notice under Section 8B of the Commissions of Inquiry Act to Police Sub–Inspector Wahule in view of the serious allegations made against him in the evidence of Abdul Haque Kasimali Ansari. On 4th July 1994, Police Sub–Inspector Wahule appeared before the Commission in response to Section 8B notice and stated that he did not desire to be represented by independent counsel and he would be satisfied with representation by the counsel for the police before the Commission. He also did not file any explanation in the matter with regard to the allegations made against him.

6. Colaba Police Station

6.1 The jurisdictional area of this police station is about 2.59 sq. kms. About 80% of the residents of this area are highly educated Hindus belonging to the upper strata of society, though the area also has its share of slums like Sundar Nagari, Azad Nagari, Sudam Nagari, Darya Nagari, Geeta Nagar and Ganesh Murti Nagar abutting the seaface which are inhabited both by Hindus and Muslims. About 80% of the slum population comprises Hindus and the rest Muslims.

6.2 During December 1992, though there was increase in communal tension on account of the atmosphere prevailing elsewhere in the city, there were no communal incidents at all in this jurisdiction. This fact has considerable significance and leads to the inference that the communal incidents which occurred in January 1993 might have been engineered by interested persons.

6.3 In January 1993, the local Shiv Sena and Bharatiya Janata Party workers organized Mahaartis on 7th, 8th, 9th and 10th. The Mahaarti on 9th January 1993 organized by the Shiv Sena Shakha Pramukh at Hanuman Temple, Colabawadi, between 1940 to 2040 hours was attended by a number of local Shiv Sena leaders, apart from about 2000–2500 others. There was no incident after this.

6.4 The Shiv Sena organized another Mahaarti at Veer Bajrang Temple, at the junction of S.B. Road and Arthur Bunder Road, Jaggannath Jairam Palan Chowk, between 2000 to 2100 hours on 11th January 1993. The crowd dispersing from this Mahaarti appeared to be angry and restive and, for that reason, was accompanied by police officers. When the crowd came near Blue Star Company, the crowd started running, looking for one Abdul Razak alias Aba Kalsekhar, a local Muslim and a known goonda. In the meanwhile, Abdul Razak alias Aba Kalsehkar appeared on the scene. It is alleged by the police that he and three or four of his associates were armed with swords and were abusing and threatening the members of the public and the police; suddenly there was a scuffle and the mob attacked Aba Kalshekar with sharp weapons. The police story is that he had attempted to assault one of the police constables with a sword as a result of which there was firing. Four to five rounds were fired by the police at the end of which the police recovered the bleeding body of Aba Kalshekar, who was declared dead before admission by the hospital.

6.5 The story set up by the police rings hollow. Senior Police Inspector Upendrabahadur Ramadhar Singh, (Witness No.140), says that the crowd which attended the Mahaarti was peaceful and not carrying any weapons, that the speeches delivered by the Shiv Sena local leaders were absolutely innocuous and contained little else except exhortation to the public to attend Mahaartis, the details of which were given on the public address system. The port–mortem report of the body of Abdul Razak alias Aba Kalshekar shows that he had 45 serious stab and incised injuries in addition to one injury caused by fire–arm, all injuries being ante–mortem.

6.6 That the crowd was chasing Abdul Razak with murderous intent is apparent from the statements of all witnesses recorded in the concerned case (C.R.No.13 of 1993). It is unbelievable that the peaceful crowd suddenly came to posses lethal weapons, as if by magic. That the crowd was angry when dispersing from Mahaarti, is the testimony of Senior Police Inspector Singh and the statements of the other police officers. The statements recorded in the case seem to suggest that Abdul Razak had swung his sword at the head of P.N. No. 985, who ducked, and when Abdul Razak attempted to strike another blow with his sword at P.N.No.985, Police Sub–Inspector ordered him to fire. No one is sure whether Abdul Razak was injured in that firing. According to the statement of Suresh Pandurang Ithape, P.N. No. 3181, Aba continued to run towards Azadnagari, all the while brandishing his sword. In the meanwhile, the mob with murderous intentions surrounded Aba and hacked him to death.

Ithape says that he had fired one round from .410 musket which resulted in dispersal of mob. When the police party advanced, they found the body of Abdul Razak lying in a pool of blood with multiple injuries and shifted his body to St. George’s Hospital where he was declared dead before admission. Senior Police Inspector Singh admits that the mood of the mob appeared to be that, because Abdul Razak was a Muslim and had given cause for offence, the property belonging to Muslims must be destroyed. If the Police version is true, then at one point Abdul Razak must have been close enough to the police party to strike them with his sword. It is surprising as to why he was not overpowered and had to be shot, at almost point blank range.

The Commission feels that this is a case where the police not only passively allowed a local goonda to be exterminated by the blood–thirsty mob, but actively aided the mob by firing upon Abdul Abdul Razak. The fact that he might have been a notorious criminal of the area would be no justification for the police to allow his being hacked by the mob. In the view of the Commission, the entire police party which was at the scene of the offence comprising Sub–Inspector Vasant Madhukar More, Assistant Police Inspector Sahebrao Hari Jadhav, P.N.No.3181 Suresh Pandurang Ithape, P.N. No. 985 Shivaji Govindrao Kashid, P.N. No.22338 Hanumant Pandurang Chavan, H.C. No. 3649 Gopichand Shaitram Borase is culpable for the cold–blooded murder of Abdul Razak.

The story of the police that Abdul Razak was carrying a sword and brandishing it also does not seem true, since the panchanama made contemporaneously does not disclose seizure of a sword. It is tepidly suggested by the police that the sword was later on deposited by a police constable as having been seized at the spot. The crowning irony of the situation is that the FIR registered vide C.R.No.13 of 1993 is not for murder of Abdul Razak, but treats him as an accused who was attempting to commit murder, voluntarily cause hurt to members of public with sword and attempting to promote enmity between different groups on the basis of religion, offences under Sections 307, 304, 153A and Section 34 of the Indian Penal Code. The fact that the statement of Banu Abdul Razak Kalshekar, widow of Abdul Razak Kalshekar, was neither treated as an FIR, nor was a complaint registered in respect of his death, fortifies the conclusion that the police connived in the elimination of Abdul Razak.

6.7 The mood of the mob to destroy the property of Muslims, sensed by Senior Police Inspector Singh, appears to have been translated into action over the next three days. The area saw a case of arson of a pav stall and a chappal stall of a Muslim on 12th January 1993 (C.R.No.15 of 1993), arson of a cycle shop of a Muslim on 13th January 1993 (C.R.No.18 of 1993) and the throwing of a burning bottle on Colabawadi Mosque on 20th January 1993 (C.R.No.23 of 1993). All these cases have been classified in "A" summary on the ground that the identity of the accused could not be established.

6.8 Despite the vehemence with which Senior Police Inspector Singh maintained that the Mahaartis organized in his jurisdiction by the local Shiv Sena shakha leaders went off peacefully and that there were no inciting speeches made therein, it appears too much of a coincidence to believe that the area which was calm and quiet upto the time the Mahaartis were conducted, without reason, suddenly erupted into incidents of communal violence. It appears obvious that somebody was engineering the incidents. The clue to this is given by the Confidential Source Report. The SB–I, CID had by a Source Report warned all the police stations that Hindus returning from Mahaartis, particularly Shiv Sainiks, were likely to indulge in damaging and looting of Muslim establishments. Despite such a Source Report, the Senior Police Inspector considered it advisable to allow the Mahaartis as he felt that refusal to allow them would have created bigger law and order problem. Senior Police Inspector Singh is equally culpable for the consequences of the Mahaartis.

6.9 The Commission is inclined to think that the circumstantial evidence on record is too strong to accept the theory of the police that there was no connection between the Mahaartis and the communal incidents.

7 Cuffe Parade Police Station

7.1 On 7th December 1992 three persons attacked the petrol pump on Madam Cama Road adjacent to Mantralaya, threatened the staff at the point of revolver and attempted to set fire to the petrol pump. Although the miscreants fired four rounds from the revolver, none was injured in the firing. An offence (C.R.No.546 of 1992) was registered by the police station. As a result of the investigations, one Aslam Koradia, a known Muslim criminal, came to be arrested.

7.2 On 8th December 1992 there was an incident in which some unknown persons set fire to a cold drink stall of one Muslim near Chandramukhi building on Barrister Rajni Patel Marg (C.R. No.547 of 1992).

7.3 On 9th December 1992, at about 0100 hours, one wooden tea stall belonging to a Hindu situated behind Hotel Oberoi, Nariman Point, was set on fire (C.R.No.548 of 1992).

7.4 Barring these incidents, there were no other incidents with communal overtones during December 1992.

7.5 On 10th January, 1993, at about 1415 hours, a wooden kiosk of a Muslim situated on the footpath on Dinshaw Vaccha Road, and two hand-carts, were set on fire. One Christian, Francis Joseph Pereira, and three Hindus, Ajit Sadashiv, Raju alias Chandrashekhar and Dattaram Shetty were arrested in connection with this offence and are standing trial. On the same day, between 2000 to 2230 hours, a pan bidi stall of a Muslim situated opposite Express Towers, Nariman Point, was set on fire. An offence vide C.R.No.16 of 1993 has been registered but the accused have not been traced.

7.6 On 13th January, 1993, at about 2035 hours, the car of one Jaykumar Dhond proceeding along General Jagannath Bhonsale Marg was accosted and pelted with stones by unknown accused resulting in injury to said Jaykumar (C.R.No.20 of 1993). Accused are untraced.

7.7 On 14th January, 1993, at about 2300 hours, an armed mob of rioters surrounded two persons and, after ascertaining the religion of the victims, attempted to kill them. One Hindu, Suresh G. Goswami, was killed, though the other escaped. The incident occurred in front of Palm Spring Building, G.D. Somani Road (C.R.No.23 of 1993).

7.8 Between 14th January to 16th January, 1993, three Hindus Ramprasad Hemant, Omprakash Sharma and Laxman Jaysingh Khude, threatened one Muslim, Shabbir Mohamad Umar Shaikh, at the point of knife and attempted to extort money from him (C.R.No.29 of 1993). The accused have been arrested and are standing trial. On 14th January, 1993, there was a serious incident of rioting and murder in which one person was stabbed to death by a mob (C.R.No.23 of 1993). It appears that the murder was due to mistaken identity. The miscreants were Hindus on the look out for Muslims. When the victims, both Hindus, were accosted, one of them revealed his identity as a Hindu and was let off. The other person, though a Hindu, started running away. The mob chased and killed him, believing him to be a Muslim.

7.9 On 18th January, 1993 at 0300 hours, motor scooter No. MMC 8359 of one Hindu, Shrikant Dattaram Tade, was set on fire (C.R.No.30 of 1993).

7.10 On 22nd January 1993 at 1445 hours, a motor–cycle of one Mahendra Galabhai was set on fire near Chandramukhi Building (C.R.No.40 of 1993).

7.11 This area saw a number of Mahaartis organized by the Shiv Sena. In all, there were ten incidents of arson/attempted arson, but arrests have been made only in three cases, C.R. Nos. 546 of 1992, 16 of 1993 and 29 of 1993.

7.12 During the January 1993 phase of the rioting, some of the watchmen of the buildings in this area were accosted by miscreants who attempted to elicit particulars of the Muslim residents. This led to panic in the area and most of the societies dismantled name plates showing Muslim names. Though Senior Police Inspector Shukhla and Assistant Commissioner of Police Kundalkar say that this was a mere rumour and that none of the watchmen was able to give accurate information about such persons, the fact that such panic spread, even in buildings like Buena Vista, occupied by retired and current senior Government and Police officers, testifies to the terror generated. Combing and search of the Macchimar Nagar zopadpattis by the Police led to seizure of weapons like swords and choppers. Interestingly, the searches were conducted on the basis of reliable information which proved to be true. The Commission cannot but notice the strange coincidence that the Shakha Pramukh of local Shiv Sena Shakha resides in Macchimar Nagar.

8 D.B. Marg Police Station

8.1 This jurisdictional area has a majority of Hindu residents, but there are several Muslim residences and commercial establishments in the areas close to the border of V.P. Road, Nagpada and Tardeo Police Stations.

8.2 During December 1992, the police station registered four communal incidents, out of which one (C.R. No.592 of 1992) pertains to an incident in which one Muslim male died of injuries in a stone throwing incident at Dreamland Cinema.

8.3 One Hindu was injured in communal violence by mob and died as a consequences of the injuries sustained (C.R.No.31 of 1993). Two police officers were injured in stone throwing incidents. Three other cases were registered in respect of ransacking and looting of establishments. It is admitted by Senior Police Inspector Ramchandra Namdeo Bhakare, that in all the incidents of ransacking, looting and arson of establishments which took place between the period 13th December 1992 to 31st January 1993, the establishments belonged to Muslims. All establishments which were looted, ransacked and subjected to arson, even during December 1992 belonged to Muslims.

8.4 On 7th December 1992 there was stone throwing by Muslim residents of Kalyan Building at Nago Sayaji Chawl and Maharaja Chawl which are predominantly inhabited by Hindus. Surprisingly, in the connected case (C.R.No.562 of 1992), though the case diary records that one Hindu Pratap Chavan had been injured in stone throwing and had complained to the police, there was no such statement recorded in the case papers produced before the Commission. This incident occurred at the junction of Patthe Bapurao Marg and Parshuram Tukaram Marg which is the border area of Nagpada and D.B. Marg Police Stations and has mixed populations of Hindus and Muslims. The police resorted to firing of sixty rounds and the estimated damage to property was about Rs.2 lakhs. The firing resulted in the death of two Muslims. The Investigating Officer, Police Inspector Patil, had not even visited the residences of the two Muslim victims and recorded any one’s statement. The explanation given was that because of the tenseness of the situation he was afraid that his visit might cause re-eruption of riots. More surprisingly the Senior Police Inspector Madhavrao Shankarrao Jadhav was blissfully unaware of this fact.

8.5 During January 1993, the police station registered thirty one offences, most of which pertained to looting, ransacking and arson of Muslim establishments. In three cases (C.R. Nos. 24, 25 and 26 of 1993) in all twenty Hindu accused were apprehended, some, while committing the offence, and others, later on.

8.6 Eleven Mahaartis were held in this jurisdiction during December 1992 and January 1993, but the one held on 9th January 1993 at Kabirwadi Hanuman Mandir deserves special mention because soon after this Mahaarti there was widespread looting, damaging of Muslim shops in the immediate vicinity. According to Senior Police Inspector Bhakare, he was present throughout the Mahaarti which had been organized by the activists of Shiv Sena. At the instance of the SB–I, CID, a video recording of the Mahaarti was made by a professional Video Photographer, Sudhir Naginlal Shah. Though the Mill Diary clearly states that the people in the Mahaarti had become agitated, turned violent and had to be controlled by use of appropriate force, the Senior Police Inspector Bhakare, maintained that the record was wrong and that it would be incorrect to describe the congregation in such words. According to him, while the Mahaarti was going on, Azaan was heard from the nearby Grant Road Masjid, which agitated the devotees attending the Mahaarti. As a result of the Azaan, a section of the crowd in the Mahaarti became angry and started spreading out towards the Masjid. They had to be dispersed by use of force in the form of lathi charge which lasted for about fifteen to twenty minutes. A part of the dispersing crowd damaged shops and stalls along this road, though, interestingly, all commercial establishments in the area had been closed on that day. The photographer Shah (Witness No.53) who video recorded the entire Mahaarti for about fifty minutes, maintains that the Arti was continuing when the Azaan was heard, the crowd in the Mahaarti was reciting the Arti, clapping their hands and also beating cymbals and drums and that there was a loudspeaker on which the Arti was being sung. According to him, the sound of Azaan was not so loud as to disturb the people in the Mahaarti and could not have attracted the attention of the people at all. He also says that the Azaan was heard only for about fifteen to twenty minutes prior to the end of the Mahaarti and he did not observe the crowd becoming angry, as the people in the crowd were enjoying the Arti.

According to the Senior Police Inspector the crowd in the Mahaarti was shouting slogans of ‘Vande Mataram’, ‘Mandir Wahi Banayenge’ and ‘Bolo Shri Ram ki Jai’ and no inflammatory speeches were given at the Mahaarti. It is admitted by the police that this Mahaarti resulted in total blockage of traffic on the road, but no cases appear to have been filed against the Shiv Sena leaders including MLA Shri Chandrakant Padwal and Corporator Shri Arvind Nerkar who had organized this Mahaarti. A case appears to have been filed against Arvind Nerkar, Amod Usapkar, Joglekar, Pravin Bhosale, Arun Chaphekar and Arun Gawand in respect of a Mahaarti held on 11th February 1993 near Dutt Mandir, though nothing untoward happened on that day. The video cassette of the Kabir Mandir Mahaarti was played before the Commission and in the video recording the Azaan is not heard at any time during the Mahaarti. The video recording also shows that there was very high decibel level making it impossible for the crowd to have heard the Azaan. There is an interesting fact observed in the video recording. At the commencement of the Mahaarti, certain pamphlets are seen being distributed. Though the Senior Police Inspector maintains that the pamphlets only contained the text of the song sung at the Arti, the police failed to procure a pamphlet and produce it before the Commission. We have only the words of Senior Police Inspector Bhakre as to the contents of the pamphlets. Considering the manner in which the apparently peaceful and devoted crowd turned into a looting and rampaging mob at the end of the Mahaarti, it seems probable that something more serious than the unheard Azaan must have transpired, which the police are either totally unaware of, or are suppressing from the Commission. This, in the face of Source Report dated 7th January 1993 on the subject of the Mahaartis cautioning that the Shiv Sainiks dispersing from the Mahaarti were likely to attack Muslim shops. The Senior Police Inspector maintained that, in spite of such a Source Report, he permitted the Mahaarti on 9th January 1993 and all the Mahaartis held subsequently. It would appear that the police were unwilling to become wiser, before the event or even after the event.

8.7 The investigation of C.R.No.562 of 1992 is wholly unsatisfactory and obviously required things like recording statements of relevant witnesses has not been done without any satisfactory explanation. The explanation given for not registering a case against the organizers of the Mahaarti on 9th January 1993 is ridiculous, since it is claimed that there was no law and order problem as a result of the Mahaarti. A case of turning Nelson’s eye.

8.8 In the several offences of looting, ransacking and arson of commercial establishments, most of them appear to have taken place within close vicinity of police pickets and the police, as usual, appeared to be the last to arrive on the scene. At least in one case, (C.R.No.15 of 1993) the miscreant mob was heard shouting slogans like ‘Shiv Sena Zindabad’.

8.9 In C.R.No.28 of 1993, one Police Hawaldar was assaulted by the miscreant mob, presumably of Muslims, as a result of which he fractured his left wrist.

8.10 During the rioting in December 1992, while three shops of Muslims were damaged, in the January 1993 rioting, ninety five shops of Muslims and ten of Hindus were damaged. Of the thirty accused arrested during January 1993, twenty one were arrested in connection with looting, breaking and damaging of properties and all of them were Hindus.

8.11 In C.R.No.91 of 1993, there appears to be a case of mistaken identity. Three Hindu accused are alleged to have chased a Tamilian Hindu boy under the impression that he was a Muslim and, being unable to understand his shouts in Tamil, killed him.

8.12 All three accused in C.R.No.46 of 1993 were Hindus and belong to Shiv Sena. The investigation done in this C.R. appears to be somewhat strange. Though the Senior Police Inspector claims that he made inquiries with Amod Usapkar, the Shakha Pramukh of Shakha No.21, by calling him to the police station and also questioned corporator Nerkar of Shiv Sena, there are no statements of these persons recorded.

8.13 After the incidents of looting and rioting which took place on 9th and 10th January 1993, the police carried out searches in buildings and isolated places in Chunam Lane and Tara Temple Lane. These searches were carried out to recover looted properties and, in fact, a part of the looted properties was recovered from some of the premises. The Hindus organized a Mahaarti on 14th January 1993 at Dutt Mandir on R.R. Road spear–headed by the leaders of Shiv Sena and Bharatiya Janata Party, during which it was announced that a morcha would be taken out to the police station to protest against the searches carried out in Chunam Lane and Tara Temple Lane. Actually, a morcha was taken out to the D.B.Marg Police Station and the curious demand of the people in the morcha was that a similar search of the Grand Masjid should be carried out to unearth illegal arms.

The police, very compliantly, obliged those people and searched the Grant Road Masjid but drew a blank. The Senior Police Inspector, without the least hesitation, admitted that the search at Grant Road Masjid was done only because of the pressure of the organizers of the Mahaarti (read Shiv Sena and Bharatiya Janata Party) and that the police did not have any information about concealment of illegal arms therein. He also admitted that at the Mahaarti on 6th January 1993 at Kabirwadi, the organizers had announced that if there was resumption of Azaan during the Mahaarti, they would retaliate ‘by any means’. That, all the accumulated experience and inputs in the confidential Source Reports did not make the Senior Police Inspector wiser, suggests incurable obtuseness or bias towards organizers of the Mahaarti, to wit, the Shiv Sena.

8.14 The evidence of Assistant Commissioner of Police, Trimbak Dattatraya Moghe (Witness No.49), brought some surprising facts to light. Though it has been asserted by the State Government and police that the first communal incident occurred on 6th December 1992, near Minara Masjid in Pydhonie jurisdiction, the Control Room Log Book shows that the D.B. Marg I–Mobile had given a message at 0021 hours on 7th December 1992 that there was trouble at the police chowky near the J.S.S. Road and that 50 persons of Shiv Sena and Bharatiya Janata Party were present and were doing rasta roko. Moghe, the divisional Assistant Commissioner of Police surprisingly showed total ignorance about this incident, though he felt that against the backdrop of the events happening at that time, such an incident would be seriously capable of creating communal violence. Nor did the Mill Diary and Station Diary of V.P. Road Police station, within whose jurisdiction the incident occurred, make any mention of the incident. There is no explanation as to why such an important happening is not reflected in the records of V.P. Road Police Station. He stated that nobody had brought such an incident to his notice and that it was the first time that he had heard of it. The police chowky at Kandewadi is located on J.S.S. Road in close proximity of Bharatiya Janata Party office and the record of V.P. Road Police Station shows that two constables were deputed near the Bharatiya Janata Party office on the J.S.S. Road. Moghe candidly admitted that as the Assistant Commissioner of Police of the division he thought that the incident which happened on J.S.S. Road was a serious one and should have been mentioned in the Station Diary and Mill Diary of the concerned Police Station.

8.15 The Commission finds itself in a situation where it cannot implicitly rely on the police records. It is difficult to believe that the Assistant Commissioner of Police of the division was completely in the dark, when an admittedly serious incident with explosive potential occurs during the midnight of 6th/7th December 1992, when the entire police force presumably was on tenterhooks.

8.16 On 9th, 13th and 20th December 1992, Navaakal, a Marathi daily, had published inflammatory and inciting writings against Muslims. Offences were registered vide (C.R.Nos.57, 58 and 59 of 1992) and sanctions for prosecution under Section 153A were sought from the Government. The Government dithered and did not sanction the permission till 17th August 1993 on which date the witness was examined.

8.17 According to Moghe, the decision to exempt Mahaarti from Section 37 of the Bombay Police Act, on the ground of it being a religious activity, was taken by the Commissioner of Police prior to commencement of riots on 6th December 1992. Even after the riots had started, during a discussion in the monthly meeting called by the Commissioner of Police, the officers were of the view that the exemption to Mahaartis was causing problems in law enforcement. Though this issue was pointedly brought to the notice of Commissioner of Police, it was decided that the problem should be resolved by appealing to the good sense of Hindus and Muslims.

8.18 In fact, this officer candidly admitted that what was anticipated by SB–I, CID, while issuing the circular cautioning attacks on Muslim establishments by Shiv Sainiks returning from Mahaartis turned out to be correct.

8.19 Talking about the intelligence gathering activities in his division, Moghe pointed out that, once the riot commenced on 6th December 1992 intelligence gathering was given up, but intelligence gathering activities were resumed after 15th December 1992. There was no intelligence gathered till the end of December 1992 about the likelihood of a second round of riots in January 1993. According to Moghe the second round of riots in January 1993, at least in Girgaum area, was a total surprise to him.

8.20 Another surprising fact which emerges from the evidence of Moghe is that during January 1993, though there was curfew, entire Girgaum area was excluded from the curfew order. The consequence � 40 shops and establishments were looted/set on fire within Girgaum area during January 1993. There was no curfew order at all within the jurisdiction of D.B. Marg Police Station during December 1992 or January 1993.

8.21 Moghe drew a distinction between the pattern of rioting in December 1992 and January 1993. According to him, while during the December 1992 riots the miscreants would come out in the open and create trouble, during the January 1993 riots, miscreants were doing it covertly. He admitted that January 1993 phase of the riots had all the hallmarks of ‘organized property crime’ as referred to in Standing Order 131. The same was true about December 1992, but there were also several offences against human body.

9 Deonar Police Station

9.1 Prior to 1984 the area falling in this police station was part of Trombay Police Station jurisdiction and consisted of large tracts of wasteland used for dumping garbage. The shifting of the abattoir from Bandra to Deonar brought in its wake relocation of large number of butchers in this area. This police station was established some time in the year 1985 to attend to law and order problems which had arisen on account of large scale influx of illegal squatters and mushrooming of unauthorized slums. 80% to 90% of the total population of about 5 lakhs in this area comprises Muslims. Large tracts of lands are marshy and vacant, belonging to Government of Maharashtra or Bombay Municipal Corporation. There has been haphazard reclamation of land from the marshy creeks. This area is considered to be communally most sensitive in view of the large population of Muslims living cheek–by–jowl with Hindus. The Muslim population is concentrated in localities like Shivaji Nagar, Bainganwadi, Lotus Colony, Rafiq Nagar, Sanjay Nagar, Kamala Raman Nagar, Padma Nagar, Zakir Hussain Nagar and Tata Nagar which are thickly populated hutment colonies having extremely narrow lanes for access. The strong Hindu pockets are around Ram Mandir in Shivaji Nagar, Plot Nos.1 to 10 of Bainganwadi, Teachers’ Colony, Municipal Workers Colony, Lumbini Baug, one pocket in Padma Nagar, one pocket in Saibaba Nagar and Sanjay Nagar.

9.2 The assessment of manpower, equipment and arms and ammunition prior to December 1992 is that it was hopelessly inadequate to meet even the day–to–day working of the police station and obviously inadequate to meet the extraordinary situations which arose during the two riot periods.

9.3 Despite the area being dominated by Muslims, the Hindutva parties like Bharatiya Janata Party and VHP were active in the area and carried out their activities of holding meetings, distributing pamphlets and giving speeches on the disputed issue of Ram Janmabhoomi–Babri Masjid during July to December 1992. They also held Ghantanaad programmes on the day of Kar Seva i.e. on 6th December 1992.

9.4 Despite its highly sensitive nature, this police station was unfortunate in having its senior officers transferred during the height of riots. Deputy Commissioner of Police Ramchandran was transferred on 5th December 1992 and replaced by Deputy Commissioner of Police P.D. Pawar on the same day. Similarly, during the height of the riots, Senior Police Inspector Bhagwatrao Bandu Padwal–Patil was transferred out on 19th December 1992 and replaced by Senior Police Inspector S.D. Jadhav w.e.f. 28th December 1992. Though it is claimed that the transfer of Senior Police Inspector Padwal-Patil was a routine matter and did not amount to reflection on his handling of the riots during the month of December 1992, changing of horses in midstream obviously had its adverse effects.

9.5 This is one police station jurisdiction where, during both phases of riots, the Muslims gave more than they took. During December 1992 police registered 36 cases of communal violence/rioting of which 18 cases were closed by classifying them in "A" summary and charge–sheets were filed in rest of the cases. In one case accused died after the charge–sheet was filed in the Court and the case abated. Out of the 36 cases registered by police, 19 cases were in connection with rioting and mob action and 17 pertained to assaults on individuals.

9.6 The trouble began in December 1992 at about 2100 hours on 6th December 1992 when mobs of Muslims started pelting stones at vehicles and BEST buses moving along the link road through Muslim dominated areas. At about 2300 hours on the same day there was an attack on the house of one Gundeti, a local Bharatiya Janata Party activist and leader of Bharatiya Janata Party from Shivaji Nagar (C.R.No.893 of 1992). The interrogatory statements of the accused arrested in this case, which included two Hindus, suggest that the reason for the attack was the organizing of several meetings in the area by Gundeti. There was also an attack on Shiva temple and Geeta Vikas School and an attack on Hanuman temple at Shivaji Nagar, Plot no.34. (C.R.Nos.894 and 895 of 1992). There was damage and attempted arson to Shiva temple and Geeta Vikas School. Hanuman temple in Shivaji Nagar was damaged completely and the idol of Hanuman was smashed to pieces. There was heavy stone pelting at the houses around the Hanuman temple. Though the police claimed that the Muslim mob had carried out heavy stone pelting at houses around the Hanuman Mandir in Shivaji Nagar, the panchanama recorded in C.R.No.895 of 1992 does not bear out this fact. Nor is there any reference in the FIR to attack on Hindu houses on Plot No.34 in Shivaji Nagar.

9.7 There is another case of serious rioting on 7th December 1992 at between 0900 to 0930 hours near Janata Dairy, Hari Masjid, Shivaji Nagar (C.R.No.896 of 1992). Though it is the case of the police that a large mob of Muslims wearing black bands on their arms and shouting slogans against the demolition of Babri Masjid had demolished the Hanuman Mandir and attacked the Hindus in the locality, one of the accused who died in police firing was a Hindu by name Keshavlal Modi residing in the close vicinity. According to the statement of Sub–Inspector Patel, one of the officers injured in mob action, Keshavlal Modi, was a part of the rioting mob and was inciting the persons in the mob to attack the police by taking active part in rioting and had been injured in police firing. The post–mortem report shows that he had been shot in the chest and he also had an injury on his right middle arm caused by a hard and blunt object. Crime Report No.11 made by the investigating officer on 17th March 1993 shows that at the time of the offence there was rioting between Hindus and Muslims and that Keshavlal Modi had been injured in the police firing. These facts suggest that there was a Hindu mob at the place of incident, though it is not clear whether the Hindu mob came later on to defend the attack on the Hanuman Mandir. The investigation into this serious offence appears to have been carried out shoddily with no attempts made by the investigating officer to ascertain the particulars of the Hindu mob. Although Senior Police Inspector Padwal–Patil came on the spot immediately after the incident had occurred, the staff on duty appeared to have given him the impression that it was only a Muslim mob that had attacked the police and did not even inform him that one Hindu had died during the incident. In fact, under stress of cross–examination, when confronted with records, Senior Police Inspector Padwal–Patil conceded that attack on the police during the incident did not appear to be only by the Muslim mob and that the investigations carried out into the offence were wholly improper. It would appear that at the time when Senior Police Inspector Padwal–Patil went to the scene he had seen only the Muslim mob and based on it asserted that it was a case of a Muslim mob attacking the police.

9.8 There was one more incident on 7th December 1992 between 1000 to 1100 hours (C.R.No.897 of 1992) in which there was rioting and unlawful assembly by Muslims between Plot Nos. 20 and 31 at Shivaji Nagar. Police action, which included firing, resulted in apprehension of 32 Muslim accused on the spot and two Muslim accused subsequently. Death of three Muslims and injuries to three Muslims took place in this police action. Even in this case, according to the FIR, there was a Hindu mob which was also rioting and there was firing towards the Hindu mob which resulted in two Hindus being injured and falling down. However, the police records do not indicate any particulars of the two injured Hindus, except stating so. While the police appear to have taken great pains to make inquiries from all the private and government hospitals to obtain information about persons treated for bullet injuries and appear to have tracked down some of the Muslim accused injured in police firing, curiously, they appear to have drawn a blank with regard to Hindu accused. Crime Report No.11 dated 24th December 1992 (Ex. 2745-C) suggests that instructions were given by Deputy Commissioner of Police and other senior officers that the attempt to investigate and identify accused who had received bullet injuries was stopped as it was apprehended that such action of police may lead to escalation of communal tension. During this incident of rioting 23 establishments of Hindus and 43 establishments of Muslims were subjected to damage and looting. In fact, the statement (Ex.2756-C) of Jagannath K.Salve, PC-26010, recorded in this case shows that when he and Police Inspector Pandit reached the scene of incident and alighted from the jeep they saw a violent mob throwing stones and soda-water bottles in the direction of Hari Masjid, Lotus Colony and Rafiq Nagar. More curiously, the words, "Lotus Colony Wa Rafiq Nagarchya" in the statement have been scored out.

Lotus Colony and Rafiq Nagar are predominant Muslim localities. Even the FIR suggests that the first firing carried out by Police Inspector Pandit and staff was towards the Hindu mob. By that time the Muslim mob came dangerously close to the police party led by Police Inspector Pandit and one of them even tried to snatch away a rifle carried by a policeman. The police fired in air to scare away the mob. It was the third instance of firing in which six Muslims were hit. The interrogatory statement of arrested accused Ahmed Ulla Barkat Ulla Khan suggests that he and other Muslims were preparing to take out a protest morcha to protest against demolition of Babri Masjid when others started pelting stones, the police arrived at the scene people started running away and around this time he was apprehended.

9.9 Another incident of rioting took place between 0900 to 1200 hours on 7th December 1992 in Padma Nagar (C.R.No.898 of 1992). A violent mob of Muslims attacked the police during the course of which two policemen HC-13181 (Sawant) and PN-5933 (Bhalerao) were attacked with sharp weapons and killed. Bhalerao fell down bleeding and died before he could be admitted to the hospital. The miscreants dragged away the body of HC Sawant which was later on discovered concealed under garbage in the garbage–dump. The discovery came to be made as a result of interrogation of an accused in another case. There was a police picket of nine constables near Datta Mandir in Padma Nagar for bandobast. The violent mob of Muslims overran the police picket and attacked the two police personnel despite firing of 18 rounds by police. The police were so hopelessly outnumbered that they had to beat a strategic retreat and requisition additional help. In the meanwhile, Bhalerao was killed by the attacking mob and Sawant was dragged away in injured condition. Thirteen Muslims were killed in the incident and six were injured, apart from the two constables killed by Muslim mob. One hundred fifty one establishments of Hindus and 147 of Muslims were damaged and destroyed. In seven cases the damage was due to arson and rest of the establishments were looted.

9.10 Between 1000 to 1230 hours on 7th December 1992 there was a violent clash between Hindu and Muslim mobs in the area from Sharda Hotel Junction to Rafiq Nagar dumping ground, Shivaji Nagar (C.R.No.899 of 1992). Three Muslims and one Hindu died in police firing in this case. In this case the property damage consisted of 340 establishments of Muslims, 44 of Hindus and one of a Christian.

9.11 On 7th December 1992 between 1245 to 1400 hours there was a violent clash between Hindu and Muslim mobs at Plot Nos.25, 26, 27, and 1 to 6, Shivaji Nagar and the open space on Plot Nos.7 to 12, Govandi (C.R.No.900 of 1992). Three Muslims and two Hindus were killed in police firing while one Muslim and two Hindus were injured. Twenty three establishments of Muslims and eight of Hindus were damaged during the incident. Forty three Muslims, all accused, have been arrested in this case. There is some confusion as to the death of one Jhakuram Mohar Jaiswal. The post–mortem report and warrant for disposal of the body by coroner stated that the death occurred on 8th December 1992. Even the statement of the nephew of the deceased, Jagannath Jaiswal, indicates the date of the death as 8th December 1992. But the date is overwritten as 7th December 1992 in the FIR.

9.12 The next case pertains to unlawful assembly and rioting on 8th December 1992 between 2100 to 2200 hours near market place, Bainganwadi, Plot Nos.9 and 10 Govandi (C.R.No.902 of 1992). Seven Hindus have been arrested in this case while one Hindu, Manik Tukaram Kamble, died in police firing of nine rounds fired during the incident. This was a case where the Hindus were led by Manik Tukaram Kamble, a local Shiv Sena leader, who was inciting the Hindus to attack the Muslims. Seventy four establishments of Muslims and 71 of Hindus and one of a Christian were damaged in this incident.

9.13 On 8th December 1992 a motor–car MRD 6025 was stopped when it was about to enter the curfew bound jurisdiction of Deonar. The constables on duty were informed by the passengers in the car that they were the representatives of press, but no curfew passes were produced for inspection. While the police were still inquiring with the passengers, the car reversed and drove away towards Bainganwadi. The said car was found parked near the rickshaw stand in Bainganwadi. Subsequently, the passengers of the car were arrested and one Taher Yunus Ashrafi was amongst them. All the accused were residents of Sakhli Street in Nagpada jurisdiction. According to the complaint made by Abdul Hamid Khan, Special Executive Magistrate, Taher Ashrafi had taken a meeting of Muslims in the Bainganwadi area and was instigating the Muslim boys to do illegal acts. The Senior Police Inspector tried to brush off this incident by saying that it was a minor incident, but the cross–examination by Shiv Sena’s Councel elicited the utter negligence of police in not properly investigating the incident and the admission of Senior Police Inspector that the incident was a serious one meriting careful investigation which has not been done (C.R.No.903 of 1992).

9.14 On 8th December 1992 between 1330 to 1330 hours, there was an incident of arson and an alleged attack on the police at Umarkhadi Dumping Ground, Govandi (C.R.No.909 of 1992). The police resorted to firing resulting in the death of four Muslims and injuries to two Muslims. Strangely, however, the incident left in its wake property damage to 40 establishments of Hindus and 207 establishments of Muslims, though in the entire FIR, there is no reference to the presence of any Hindu mob. The suggested explanation for this strange phenomenon by the police is that the fire started in a Hindu house and spread to the adjacent Muslim houses. One Muslim, Shaikh Mohd. Sallauddin, sustained stab injuries due to mob action. This is indicative of the fact that perhaps there was a rival mob of Hindus also involved in the incident which the police have either ignored or suppressed. That the statement of Police Sub–Inspector Milind Pandurang Kedare about the mob attacking the police with swords is an exaggerated version is admitted by the Senior Police Inspector. There is also utter confusion with regard to identities of injured persons. Though the police papers show one Haji Mohd. Yunus Jhelani, Muslim, age 35, as a wanted accused, the actual person who was injured in police firing is a boy of 13 years who was treated in Shatabdi Hospital for bullet injuries as an out–patient, admitted in the hospital on 11th December 1992 and discharged on 27th January 1993. Though a hypothesis was advanced by the police that some of the claims made by the Muslims with regard to the property damage could have been bogus, it is admitted by Senior Police Inspector Padwal–Patil that there was no material to suggest this.

9.15 There was an attack on the Marimata temple, presumably by Muslims, on 19th December 1992 between 2100 to 2300 hours (C.R. No. 923/92). This case has been classified in "A" summary.

9.16 The case regarding destruction of Dutta Mandir on Plot No.13, G Line on 8th December 1992 between 0100 to 0230 hours (C.R.No.925 of 1992) was classified in "A" summary. Though the complainant had stated that the police had fired during the incident, there is no record showing that police had fired.

9.17 There was an incident of attempted arson at Kena Market Masjid between 2345 to 0030 hours on 7th December 1992 (C.R.No.928 of 1992). The damage to the Masjid was a burnt electric box. Kena Market Masjid was attacked on two occasions by Hindus within a short period. The police fired two rounds on the first occasion and seven rounds during the second and chased away the attackers. This case has also been classified in "A" summary.

9.18 C.R.Nos.948 of 1992, 927 of 1992, 936 of 1992, 937 of 1992, 945 of 1992, 914 of 1992 and 950 of 1992 are cases of attacks on individuals, presumably by members of rival community. The miscreants have not been identified and all these cases have been classified in "A" summary.

9.19 There was an attack on and destruction of Shankar Mandir, unlawful assembly and rioting near the vicinity of Shantinagar, Baiganwadi, Govandi on 8th December 1992 between 0730 to 0815 hours (C.R.No.911 of 1992). The police fired 15 rounds, one in the air and 14 at the rioters causing the death of one Muslim, Tayyabali Shaikh. One Muslim accused has been arrested and a case is pending against him. The property damage in the incident consisted of 32 establishments of Hindus and 43 establishments of Muslims.

9.20 On 8th December 1992 at about 1100 hours, there was a case of rioting and unlawful assembly on Plot No.6, Baji Prabhu Deshpande Marg (C.R.No.917 of 1992). The police fired to quell the riot and caused the death of one Muslim, Mohsin Khan. The property damage consisted of 13 establishments of Hindus and eight of Muslims. One Hindu, Devendra Zende, was injured in police firing.

9.21 In an incident of rioting, arson and looting opposite Akani Estate, Sanjay Nagar, on 8th December 1992 between 1115 to 1215 hours (C.R.No.910 of 1992), there was firing by police resulting in death of seven Muslims and one Hindu and injury to one Hindu. Two hundred thirty establishments of Hindus and 63 of Muslims were damaged during the incident. The dead included a Muslim child of six years, Nissar Ahmed Rais Khan. Investigation in this case resulted in the arrest of two Muslims, Mohd.Aslam alias Acchhemiya Akhtar Miya alias Gharya Aslam and Abdul Ghani Kamaruddin Mulla alias Kadvekar, both notorious characters in the local area with previous criminal record.

9.22 Opposite Sanjay Nagar School, Bainganwadi, there was an incident of rioting and unlawful assembly between violent mobs of Hindus and Muslims on 8th December 1992 between 0915 to 1045 hours (C.R.No.901 of 1992). Thirty–six accused, all Muslims, have been arrested in connection with this incident. Thirty two accused were arrested on the spot and four later on. Fifty–three establishments of Hindus and 58 of Muslims were damaged during the incident. Nine Muslims died in police firing while one Hindu and two Muslims were injured. The seriousness of the incident can be gauged by the fact that 132 rounds were fired by police. Three swords, broken pieces of hand bomb and five bottles filled with petrol were seized from the miscreants. Ballistic expert’s report suggests that pieces of bomb were remnants of an explosive device.

9.23 The then Chief Minister Shri Sudhakarrao Naik had attended one function within this jurisdiction for distribution of compensation to riot victims and their families. But the families of the deceased policemen, Bhalerao and Sawant, were not given any compensation during that function.

9.24 Out of the 50 persons killed in different incidents during December 1992, only six are Hindus and 44 are Muslims.

9.25 There is a justified grievance made by Shiv Sena that during the period of riots the hands of the police were tied by the instructions given by the government that no firing was to be effected. Reference is made to B.C. Message No.414 dated 10th December 1992 at 2340 hour from Additional Commissioner of Police addressed to all static wireless, all SRPF vehicles, officers and mobiles. The message was, "under no circumstances should there be firing in order to bring riots under control. Tear–gas and lathi charge should be used on large–scale and the situation should be brought under control". That, such instructions were received by the police station is beyond doubt. Though, the Commissioner of Police, S.K. Bapat, denies all knowledge of having authorized issuance of such a message, it is difficult to accept his version. Even in the official copies of the B.C. Messages maintained by the police Control Room such a message is seen.

9.26 There is also a grievance made by Shiv Sena that by B.C. Message 426 dated 11th December 1992 from the Commissioner of Police, all Senior Police Inspectors were instructed to release persons preventively arrested, for curfew violation or arrested under Section 6 of the Bombay Police Act. There is a third grievance that by B.C. Message issued on the same day, the Senior Police Inspectors were instructed not to waste their time and energy in arresting persons for minor offences and that they should look into all cases of preventive arrests and release people on bail.

9.27 During December 1992 riots 11 temples in the area were damaged while only one masjid i.e. the Kena Market Masjid was attacked. And in an attempted arson there was minor damage caused to the electric meter box in the masjid.

9.28 Shri Javed Khan, the then Housing Minister, had visited the police station on 23rd October 1992 for pressurizing police not to register cases against some of his followers. He also used to visit the police station during the period 6th to 13th of December 1992. There is no material on record from which it can be said that during this period Shri Javed Khan had put pressure against the police not to arrest Muslim accused or to let them off as suggested by Shiv Sena.

9.29 There was a strange case of a telephone message even by Police Sub–Inspector Joshi of SB–I, CID, Eastern Zone, Ghatkopar on 16th December 1992 at 0320 for immediate arrest of certain activists of ISS, Bainganwadi, adjacent to Noori Masjid. This requisition was in response to the banning of ISS by the Government of India. The police appear to have done nothing in this matter.

9.30 The learned counsel for Shiv Sena pointedly drew attention of the Commission to the recovery of a sword at the instance of accused Abdul Ghani Kamruddin Mulla alias Kadvekar from a hut in front of which there was a flag flying with the words, "Ghausia Pak". Obviously, the suggestion was that it had something to do with Pakistan. The suggestion stems from not understanding that the words merely referred to Holy Saint Gelani who is popularly known as Ghaus; the word "Pak" in Urdu only means "Holy". Much has been made of the fact that Senior Police Inspector Patil was hospitalized on 13th December 1992 and after attending the office on 19th December 1992 he was immediately transferred to Crime Branch. There is no material to accept the suggestion of Shiv Sena that Senior Police Inspector was transferred because he had refused to toe the line of Muslim appeasement adopted by the senior officers.

9.31 In this area too it is claimed that there were instances of private firing. It is claimed that there was private firing at the police from a terrace of a building situated opposite Khalid Bakery on Gajanan Colony Road (C.R.No.899 of 1992). It is claimed that the person doing private firing was injured by police firing, but he could not be traced thereafter. The material on record is too scanty to support the theory. Though it is claimed by Shiv Sena that one Chandrakant Yamagar who died in this incident had died because of private firing, there is no material to suggest this.

9.32 There was an attack on the house of local activist of Shiv Sena, Balkrishna Gosavi Patil, on 7th December 1992 at 1900 hours (C.R.No.915 of 1992). Sixteen accused (14 Muslims and two Hindus) were arrested. The interrogation of Hindu accused, Shama Rangappa Wadari, disclosed that all the accused were instigated by Ramzan Dadhiwala and Faludawala Khan to collect together and attack the house of Balkrishna Gosavi Patil. Both Ramzan Dadhiwala and Faludawala Khan are local notorious characters who used to help Shri Javed Khan in his election work. Abdul Ghani, another accused in the case, is another notorious character in the area. The attack resulted in injuries to the wife of Balkrishna Gosavi Patil.

9.33 The attacks on the Hindus in Bainganwadi area appear to have been masterminded by Aslam alias Acchhemiya Akhtar Miya alias Gharya Aslam and Abdul Ghani Kamruddin Mulla alias Kadvekar, two notorious characters of the locality.

9.34 The police station had an officer Police Sub–Inspector Sakharkar on its roles whose father was the Shakha Pramukh of Shivaji Nagar Shakha of Shiv Sena. Though the Senior Police Inspector has asserted that he had no doubt whatsoever that Sakharkar was not in any way influenced by his father’s links with Shiv Sena, such a possibility cannot be ruled out. His posting in Deonar area gave ground for the allegation that Shiv Sena had easy access to the police. There were also complaints against Police Inspector Dhengle, Police Inspector Gajur, Police Inspector Pandit, Police Sub–Inspector Bobade, Police Sub–Inspector Kadam and Police Sub–Inspector Sakharkar that they were communal in their approach.

9.35 Though the testimony of Police Inspector Namdeo Mohan Dhengle indicates that Shri Javed Khan had visited the police station on 9th and 10th December 1992 at which time Deputy Commissioner of Police Y.C. Pawar, Joint Commissioner of Police, R.D.Tyagi, and Additional Commissioner of Police R.S. Pasricha were also present, Dhengle says that he has no idea of what transpired between these senior officers and Shri Javed Khan as he was not present in the room where they had a discussion.

9.36 Sudhir Dattaram Jadhav took charge of Deonar Police Station as Senior Police Inspector on 28th December 1992 and was in-charge of the police station during the January phase of riots.

9.37 In all 28 riot–related cases were registered during January 1993. There were only three cases in which police fired (C.R.Nos.23, 24 and 36 of 1993).

9.38 According to Police Inspector Jadhav the blood pressure of Senior Police Inspector Padwal–Patil went up because of enormous stress and strain and not because of altercation with his seniors on the issue of appeasing the Muslims. Jadhav unhesitatingly states that while working as Senior Police Inspector he found Shri Javed Khan and Shri Jaffer Shariff attempting to interfere with his work. In fact, this straight forward officer promptly put down his observations in his reports dated 18th January 1993, 25th January 1993, 5th June 1993, 19th January 1994 and 27th March 1994 (Ex. 2745-C) He has given in detail the manner in which Shri Javed Khan attempted to pressurize him in his duties and complained to the Commissioner of Police, requesting proper action. The gist of the complaint is that Shri Javed Khan and other ministers were making unscheduled visits to the police station, throwing their weight about to find out details about certain accused arrested by police and rudely ticking off the officers saying that they had arrested innocent persons. Commissioner of Police, S.K. Bapat, accepted that such a complaint had been made to him and said that he had taken up the matter with the then Chief Minister who promised that he will look into the matter, but ultimately nothing ensued.

9.39 Jadhav’s assessment is that by and large Deonar area continued to be peaceful during January 1993 despite riots raging in other parts of the city. The cases registered in 1993 were stray cases of stabbing. Even the news of Radhabai Chawl incident and Mathadi murders did not provoke communal incidents in the area.

9.40 Though it would not be necessary to use graded force in communal riots, he confessed that, considering the large number of police firing deaths which occurred in December 1992, he put his officers and himself under restraint and used graded force which was a decision based on his experience gained during the December 1992 phase of the riots. He claims that he was not influenced by the instructions given in B.C. Message No.414 dated 10th December 1992.

9.41 There was at least one case (C.R.No.23 of 1993) in which the police fortunately took a view that the situation had gone out of control and handed it over to the army. Their judgment appears to have been partly influenced by the fact that the incident of rioting occurred in the hutments of Tata Nagar close to Tata Electric Supply Power Lines.

9.42 The first communal incident in January 1993 took place on 7th January 1993 and is the subject matter of C.R.No.15 of 1993.

9.43 There was an attempted attack on Datta Mandir though the mandir did not sustain any damage (C.R.No.92 of 1993). An attack was mounted by a Hindu mob on Kena Market Masjid in three separate groups (C.R.No.23 of 1993). The FIR in this case exhibits certain peculiarities. The names of the accused written originally appear to have been erased and overwritten by words "1000 Hindu–Muslim mob". Though the police claim that it was a mistake on the part of junior Police Sub–Inspector Tamboli, this became the subject of critical remarks by the Metropolitan Magistrate before whom the case came up and who directed the Commissioner of Police to effect investigations in this regard. Nothing seems to have been done thereafter, not even an explanation was asked for from Tamboli for what appears to be a serious lapse. A scrutiny of the erasures showed that the two names of the accused originally written there were `Pravin’ and `Bhima’.

9.44 No sophisticated or foreign weapons were seized from the area either during December 1992 or January 1993.

9.45 Sayyed Ajmat Ali Kudrat Sayyed alias Ramzan Pathan alias Ramzan Dadhiwala was arrested and was in police custody from 4th June 1992 and lodged in the Ghatkopar police station lock up. Shri Javed Khan and Shri Jaffer Shariff appear to have taken an extra–ordinary interest in meeting this person without permission. Further, it appears that prior thereto Ramzan Dadhiwala was with Shri Javed Khan though he was shown as a wanted accused in C.R.Nos.900 and 915 of 1992.

9.46 At least one accused (Salim Rahim Shaikh) in the bomb blasts case was arrested from Bainganwadi area and a 9mm pistol and forty eight rounds were seized from him.

9.47 The police maintain that during December 1992 the maximum rioting and violent incidents were at the instance of Muslims during which there was damage to lives and properties belonging to Hindus. Though in a manner of speaking it appears to be true, the Commission found that in some cases at least the trouble was provoked by Hindus who resorted to stone throwing at the Muslim localities and masjid, after which the situation became a free–for–all with the police intervening.

9.48 Jadhav agreed that as a consequence of December 1992 riots the morale of police went down and secondly, that the police had been restrained from firing while dealing with violent situations upto 8th January