Guilty until proven innocent? It doesn’t end there for some
Derided by the media and under pressure to show results following the series of terror attacks in the country, the security establishment recently announced a number of arrests relating to the explosions in Ahmedabad and Bangalore and the earlier ones in Jaipur.
While it is praiseworthy that the police acted comparatively quickly this time in tracing the culprits, it later turned out that some of those arrested, whose names the media had readily released, had no involvement in the dastardly acts.
But the damage had already been done, as a ‘suspect’ told a newspaper after his release: “I will have to live with a ‘terrorist’ tag for the rest of my life.” Anwar Hussein, a doctor, said his family now faces abuses from neighbours and customers are avoiding his family’s business of iron work in his native village.
Rashid Hussain, an IT professional, said he was sacked by his employers following his arrest, even though he was released after eight days in detention.
Muslim organizations and rights groups have cried foul over the arrests, complaining that the detentions were ‘illegal’ and a violation of human rights. Indian law requires detainees to be provided a legal counsel and brought before a magistrate within 24 hours, which did not happen in this case, like many others before.
While special laws like the Unlawful Activities Prevention Act (UAPA) allows authorities to detain suspects for longer periods, the detainees in this case were not charged with anything. But while many say the authorities acted ‘illegally’, experts say it is a grey area, as there is a provision in the law book which allows the police to arrest someone on suspicion alone.
“Article 41 in the CrPC empowers the police to arrest anyone on the basis of suspicion even if there is no proof. If the investigating officer later comes to the conclusion that there is no evidence, under article 157, he can say that he has stopped the probe and release the person,” Supreme Court criminal lawyer D B Goswami says.
Independence Day – View from the other side of the coin
As the country watched in horror after terrorists exploded bombs in Ahmedabad and Bangalore ahead of Independence Day last month, a small village in far north-eastern Manipur had just finished a symbolic ritual in its efforts to end its grief over a crime purportedly unleashed by state actors.
Friends, families and human rights groups observed the last rites of 24-year-old Thangjam Manorama Devi, four years after she was allegedly raped and killed by personnel of the Assam Rifles paramilitary force. By performing the rites, they broke a pledge not to conduct the ceremony until their demands for punishment of the guilty and the repeal of the controversial Armed Forces (Special Powers) Act from the state were fulfilled.
Like the Manorama Devi episode, excesses by security forces (I won’t add the word “alleged” because I have personally experienced it, being kicked, punched and shoved in the face with the nozzle of an SLR rifle while walking back home one night after attending church service), coupled with a sense of government neglect continues to alienate citizens of less-developed areas like the northeast and Naxal-dominated regions of Chhattisgarh, Jharkhand and Orissa.
Lack of economic opportunities is also a key factor in the proliferation of militant groups – in Manipur alone, there are reportedly 30-odd militant groups operating – perhaps joining an underground group is just another form of employment?
In other parts of the country, there are many who feel alienated because of their ethnicity, or religion. Muslims face profiling even in cosmopolitan cities (I know of a good friend, a senior journalist at that, who was unable to find accommodation in posh south Delhi. Landlords he approached told him they don’t rent to Muslims). Allegations of innocent people being framed and tortured by police following terror attacks have also been reported by newspapers.
The diabolical bombings in Bangalore and Ahmedabad also appear to have been carried out by home-grown extremists with a grouse against the state, trying to justify their actions with atrocities committed against a particular community.
Some time ago during a media event, I was trying to explain the security situation in the northeast to a senior journalist over dinner, when he suddenly stopped me in mid-sentence. “That’s the difference between people who come from your region and the rest of us,” he said, continuing “When we talk about the army, we just say ‘the army’ or ‘our army’, whereas you, wittingly or unwittingly, call them ‘the Indian army’, as if they were some foreign occupying force.”
Okay, here is an interesting piece for you, which was emailed to me by one of my Punjabi friend:
He said, “Paji Tushi great ho! In Punjab 50% Sikhs are Bihari! UPSC reserved for UP and Bihari. 90% UPSC selection committee, UP and Bihari. Indian Railways employment, reserved for Bihari. Various Ministries in CGO Delhi, reserved for UP and Bihari. All politicians from UP are Indian Prime Minister! Bengali kato, paji, Kerela se leka Jarkhand tak seema bandhi, ‘Father of Bandh’, Maoist ke roop pe, paji. Middle East to hogaee Keralite’s graveyards. Tamil kato, No Hindi-Tamil Bhai Bhai. NE kuddee sundar, Punjab munda handsome, Tie Knotty-Knotty. J&K to bole, “Jai Pakistan”. Maharastra bole “Jai Maharastra”. Paji ithe meh kiya bolu, “Jai Canada”!!!
And I say, “Wake up Northeast”!
No one is born terrorist. Many are made and law has a great role in making an innocent person to terrorist. Loose of faith in Indian judiciary and at times assurance of secured life for their family.