India

Facebook Campaign on Khalid Mujahid Issues Letters for President of India

Demands include setting up a commission to inquire role of media to influence security agencies and public opinion against Muslims.

BeyondHeadlines News Desk

Facebook campaign for Khalid Mujahid “I am Khalid Mujahid and I am Innocent” today has released letter to the President of India, Prime Minister, Chief Justice, Supreme Court of India and Chairman National Human Rights Commission to intervene in custodial murder of Khalid Mujahid to ensure justice according to Nimesh Commission report. The campaigners have appealed people to send this letter to these authorities on individually and behalf of their organizations. The struggle at Lucknow Vidhan Sabha has exposed Samajwadi Party and its leadership which has failed to promise to act on any of the demands made by relatives of Khalid Mujahid who was brutally killed in police custody when he was being taken back from his hearing in Faizabad.

“It is very clear that state government is solely responsible for this unfortunate death of Khalid Mujahid. Security agencies, police personnel, officers and intelligence agencies have jointly staged this arrest and entire story of their involvement in terrorism. This is the same modus operandi used by state institutions in Maharshtra, Delhi and Karnataka and Andhra Pradesh, all states rule by Indian National Congress” the letter reads.

The letter reiterates its full faith in the constitution of this country and the leadership of state and government as its protector. It demands to instruct union government and state governments and agencies under them to take necessary steps toward realizing demands in a time bound period.

Key demands in custodial killing of Khalid Mujahid

1.      Terminate and arrest all 42 police personnel named in the FIR filed by Zaheer Alam Falahi, uncle of the deceased accused Khalid Mujahid in Barabanki Police station and start legal action against all of them.

2.      Start time bound CBI enquiry of the incident covering all the state agencies and police officers implicated in the Nimesh Enquiry commission report

3.      Arrest of police escort carrying Khalid Mujahid and the District Magistrate, Superintendent of the Barabanki District under murder charges of Khalid Mujahid

4.      Table the report of RD Nimesh Commission without any delay in the assembly and ensure implementation of its recommendations.

5.      Compensation to the family of Khalid Mujahid, his widow for mental agony and trauma for last 6 years and killing of Khalid Mujahid.

Some other demand were also made in the view of protecting other terror accused languished in Uttar Pradesh and other states of the country’s jails for long time,

1.      Set up a high level and time bound commission with constitutional powers, to inquire status of all terror accused in Indian jails under terror laws.

2.      Fast track courts be set up in all stats of India without further delay

3.      To introduce guaranteed mechanism for compensation from the state for persons accused falsely in terror charges and were jailed without trial or acquitted and a No Objection Certificate in order to re-join their employment or not remain outcast because of stigma.

4.      To bring a white paper in the parliament to inform the country on how the terror laws have been used since 1991 against a particular community.

5.      To set up a commission to inquire whether media in this country is responsible to influence attitude of security agencies, public opinion and bureaucracy against Muslims in its coverage of terrorism related cases.

6.      Introduce a rehabilitation scheme for acquitted persons because they are never taken back by their employers, society and relatives which make them in extreme depression.

7.      To introduce police reforms immediately in order to prevent misuse of power against weaker sections of the society. The reform must be based on wide range of consultation with all political sections and communities in the country.

Khalid's custodial assasination in Barabanki, Rihai Manch puts 12 point demand.

The content of the letter is reproduced below:

To,

Shri Pranab Mukherjee

President of India

Rashtrapati Bhavan

New Delhi 110 004

India

Dear President

It must have come to your notice that Khalid Mujahid an accused of terror charges in the custody of Uttar Pradesh police has died in mysterious conditions on 18th May 2013. Family members and eye witness have sent photos which confirm that Khalid Mujahid was brutally beaten to death in police custody when he was being taken back from Faizabad after hearing.

This is very serious matter because killing and assault on terror accused in Indian jails is becoming a new fashion justified by public opinion in the name of fight against terror. Not only that judicial and legal service to victims are denied by Bar Councils in district and high courts and unfortunately no state leader or ministry of justice and ministry of law has ever instructed these court and Bar council not to issue such boycotts and denial of legal services to any person. Second day of Khalid Mujahid’s day, his counsel and assistant were brutally attacked. Earlier same advocates were attacked in Lucknow. Murder of advocate Shoaib Azmi in Mumbai is another incident to confirm this dangerous and well-intended   strategy to deprive minority communities from any right given by our constitution.

What should we do? Is there any home to have a dignified life in this country for minorities? Who other than you will ensure that fundamental rights of a citizen are never violated by state institutions? We are writing to you with extreme sense of disappointment to request your intervention to stop security agencies from violating constitution and laws.

Mr. President

Khalid Mujahid was an accused of terror charges who was arrested in mysterious conditions on 22 December 2007. After doubts were raised on these arrests, RD Nimish commission was set up by the state government which has submitted its report in August 2012.  In shameful way, the state government has not yet made RD Nimish Commission report public. However copy of the report was accessed by some media organizations and the report confirmed that security agencies had somehow staged this drama against the two accused. Recommendations of the commission were most important ones in ensuring justice for these two accused. Civil right groups and many political parties also were demanding to make this report public. Samajwadi Party itself had promised in its election in this regard. Had the commission’s recommendations been accepted and implemented, the innocents accused would have been released to live a new life after six years of extreme mental trauma and physical torture.

Series of events in custodial killing of Khalid Mujahid can be briefly stated

  1. Mr. Khalid Mujahid was falsely implicated in terror charges and was held in police custody since 22 December 2007.
  2. RD Nimish Commission appointed by the then Mayawati government, concluded that the police claims were not enough to justify arrest of accused under terror charges.
  3. RD commission report was submitted to the state government on 31 August 2012 however the state government has not yet taken any action on this report.
  4. RD commission report would have led to acquittal of both accused Tariq Qasmi and Khalid Mujahid. If recommendations of Nimish commission were considered by the government, tit would have attracted inquiry into the entire episode of arrest of both accused and death of one of them in mysterious situations.
  5. On 18 May 2013, one of the accused Khalid Mujahid appeared before the Firozabad court in very sound and composed condition however he died while returning to the jail in police van.
  6. If steps were taken by the state government on time, mysterious death of one of the accused could have been avoided making strong case that state’s government is directly responsible for this death.

It is very clear that state government is solely responsible for this unfortunate death of Khalid Mujahid. Security agencies, police personnel, officers and intelligence agencies have jointly staged this arrest and entire story of their involvement in terrorism. This is the same modus operandi used by state institutions in Maharshtra, Delhi and Karnataka and Andhra Pradesh, all states rule by Indian National Congress. This suggests that either there is serious gap between political leadership and security agencies of this country, or security agencies are not under the civilian government or that the governments are very much involved in violation of constitution of India and its laws against Muslim minorities and other weaker sections.

Having full faith in the constitution of this country and your leadership to ensure implementation of this constitution in its truest spirit, we demand you to intervene in this matter in order to

  1.  Terminate and arrest all 42 police personnel named in the FIR filed by Zaheer Alam Falahi, uncle of the deceased accused Khalid Mujahid in Barabanki Police station and start legal action against all of them.
  2. Start time bound CBI enquiry of the incident covering all the state agencies and police officers implicated in the Nimesh Enquiry commission report
  3. Arrest of police escort carrying Khalid Mujahid and the District Magistrate, Superintendent of the Barabanki District under murder charges of Khalid Mujahid
  4. Table the report of RD Nimesh Commission without any delay in the assembly and ensure implementation of its recommendations.
  5. Compensation to the family of Khalid Mujahid, his widow for mental agony and trauma for last 6 years and killing of Khalid Mujahid.

In the view of protecting other terror accused languished in Uttar Pradesh and other states of the country’s jails for long time, we also demand

  1. Set up a high level and time bound commission with constitutional powers, to inquire status of all terror accused in Indian jails under terror laws.
  2. Fast track courts be set up in all stats of India without further delay
  3. To introduce guaranteed mechanism for compensation from the state for persons accused falsely in terror charges and were jailed without trial or acquitted and a No Objection Certificate in order to re-join their employment or not remain outcast because of stigma.
  4. To bring a white paper in the parliament to inform the country on how the terror laws have been used since 1991 against a particular community.
  5. To set up a commission to inquire whether media in this country is responsible to influence attitude of security agencies, public opinion and bureaucracy against Muslims in its coverage of terrorism related cases.
  6. Introduce a rehabilitation scheme for acquitted persons because they are never taken back by their employers, society and relatives which make them in extreme depression.
  7. To introduce police reforms immediately in order to prevent misuse of power against weaker sections of the society. The reform must be based on wide range of consultation with all political sections and communities in the country.

Mr. President

You are aware that there are many commissions set up to inquire into cases of injustices, fake encounters and riots with regard to minority communities of this country. Unfortunately most of the commissions are never implemented which has aggravated sense of disappointment with institutions of justice in Indian state. We have full faith in your power to instruct union government and state governments and agencies under them to take necessary steps toward realizing our demands in a time bound period. Your intervention is important to build confidence among grieved communities and victims and their relatives that our constitution and authorities are capable to protect rights of every citizen and to deliver justice to every victim without discrimination of their religion, race, or gender.

We shall be grateful to your response.

Copies to

1. H.E. The Prime Minister of India,

South Block, New Delhi.

2. H.E. The Home Minister of India,

South Block, New Delhi.

 3. Honourable Chief Justice of India

Supreme Court, New Delhi

 4. Honourable National Human Rights Commission

New Delhi

5. Honourable Home Minister

North Block, Central Secretariat

New Delhi – 110 001

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