Dhule Victims And Anhad Files A PIL in Supreme Court Demanding SIT and Compensation

PRESS RELEASE

28 January 2013

A Writ Petition (PIL), under Article 32 of the Constitution of India was filed today by Mohammad G. Naseer, who is the father of the deceased Asim Ahmad aged 24 years, Asif Ali who is the elder brother of deceased Imran Ali aged 23 years and Anhad which reputed NGO working on issues relating to secularism and communal violence. This petition was filed in respect of the communal attack on Muslims at Dhule, Maharashtra on 6.1.2013 in which the police themselves participated in smashing the vehicles of the Muslim community, in setting fire to their shops and houses and in firing in such a manner that 6 persons were killed and 42 injured, all from the Muslim community. 35 houses were burnt to the ground and many shops were also burnt. After that the police registered FIRs against the Muslim community and it is only much later when the minority community raised a protest that complaints are being accepted by the police, but no FIR is being registered behalf of the Muslim community till date.

The PIL is seeking a direction from this Court for the establishment of an SIT investigate this incident in respect of the facts set out in the petition and prosecute the criminal offenders including police personnel and government officials in accordance with law and to pass an order directing the respondent to immediately pay Rs.25 lakhs to the next of the kin of the deceased, Rs. 15 lakhs to those disabled, Rs. 10 Lakhs to those injured with Police Bullets and suitable compensation to those whose houses, shops were burnt, looted and destroyed.

In support of the PIL, petitioner has annexed a citizen’s fact finding report which was released in January 2013. The fact finding committee consisted of Shabnam Hashmi from Anhad one of the Petitioner organization, Prof. Ram Punyani of the All India Secular Forum, Prof. Apoorvanand of Delhi University, Advocate Nihalsing B. Rathore and others. All of them are eminent names from the social fraternity. This report was prepared after the fact finding committee visited the area and met social, religious and political activists, government officials, the District Magistrate, the victims including the families of the deceased and injured, and people from different walks of life. The Committee members also visited the hospital and saw the records and visited the areas where the houses were burnt.

A minor skirmish which could easily have been handled by the police had they been sensitive escalated into a full-fledged attack on the minority community. The testimonies reveal that not only did the police not intervene but they told the people to settle scores directly and actively instigated the attacks on the minority community.

Then without making a preliminary effort to disperse the crowd using the public address system or tear gas or by resorting to a lathi charge, the police resorted to indiscriminate firing that lasted for more than 2 hours. This firing was resorted to not to disperse the mob but rather to cause fatal injury to members of the minority community. The actions of the police show that they were elements within the force who acted in a communal manner. This is evident from the video clipping showing policemen using their lathis to damage the scooters and other properties of the Muslim community and showing policemen throwing stones at the minority community and standing by watching members of the majority community throwing stones. Video footage showing policemen setting fire to the houses of the minority community and above mentioned incidents have been submitted to the Supreme Court.

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