Framed, Damned, Acquitted: But All Muslims

8 SIMI undertrials were killed in a much-criticised and questionable encounter near Bhopal a few days ago. Their lawyer had said they were about to be acquitted. Here are brief portraits of Muslims who were framed in alleged crimes and were lucky enough to get out of jail alive unlike the 8 in Bhopal.

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Young Muslim boys have been arrested as a cynical default mode, prejudged and condemned by the media, public and security establishment even before trials could begin. The poisonous idea that “Every Muslim is not a terrorist but every terrorist is a Muslim” had seeped into the country’s consciousness. No one was interested in the facts.

The whole nation has now raised questions over the alleged Bhopal encounter. What prompted the police to shoot the men, allegedly belonging to the terrorist outfit SIMI, at almost point blank range? Initially media organisations had dubbed them as terrorists- who were under-trial prisoners, who may have got a clean chit if they undergo the formal judicial process.

Soon after the alleged encounter, asserting that judicial process takes a long time to give justice, former MP Chief Minister Babulal Gaur had demanded a shoot at sight action against terrorists. He also hailed bravery of the Madhya Pradesh Police.

The former MP CM said judicial process takes a long time to give justice, which provides opportunity to the terrorists and terror organizations to become stronger.

“There is a need to change the law so that the police can shoot the perpetrators directly as they pose danger to the society. The court trials for terrorists should be closed. There should be shoot at sight action for people like these,” Gaur told a news agency.

In the aftermath of Bhopal “encounter”, wherein 8 under trial prisoners of SIMI group were killed, Photojournalist Vijay Pandey profiles six victims, who were imprisoned for many years, and later given clean chit by court.

img_3066 Nisar-Ul-Din-Ahmad

“I have clocked 8,150 days of the prime of my life inside jail”:  Nisar Ahmad

Nisar Ahmad.

Case- Babri masjid anniversary train blast

Arrested- 15 January 1994

Acquitted- May 2016

Years in Jail-23 

Nisar-ud-din Ahmad’s  was arrested on the charge of five blasts on-board trains on the eve of the first anniversary of Babri demolition that killed two passengers and injured eight.

Nisar wasn’t even 20 when he was thrown behind bars. Now he is 43.

“I have clocked 8,150 days of the prime of my life inside jail. For me, life is over. What you are seeing is a living corpse.”Ahmed told media after being acquitted by a court.

—On January 15, 1994, when Nisar Ahmed was picked up by police near his home in Gulbarga, Karnataka. He was a second-year student in Pharmacy. “I had an exam in 15 days, I was on my way to college. A police vehicle was waiting. A man showed me his revolver and forced me to get in. The Karnataka Police had no idea about my arrest. This team had come from Hyderabad. They took me to Hyderabad,” he said.

— Nisar was produced in court on February 28, 1994.

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                                           Zaheer -Ul-Din-Ahmed (Nisar Brother)

Arrested- April 1994

Bail-May, 2008 on medical ground

Number of years in jail- 14 years

Finally Acquitted

His elder brother Zaheer-Ul-Din who was working in Mumbai as a civil engineer, was picked up that April. Like Nisar, Zaheer, too, was sentenced to life imprisonment but was released on bail on May 9, 2008 by the Supreme Court on health grounds — he was diagnosed with lung cancer in jail.

—Custodial confessions were the only  evidence the police could produce against them in court and the provisions of Terrorist and Disruptive Activities Act (TADA). In these alleged confessions of Nisar, Zaheer and Yusuf, the police claimed that Nisar “accepted his role in planting of Bomb in the compartment of A.P. Express on 06.12.1993 and that he was also having two other bombs which were meant for use in K.K. Express on the same day but because of his ill health he could not use them”. 

“I am thankful to Supreme Court to give my freedom back. But who will give my life back?”

Advocate Nitya Ramakrishnan, who represented five among the accused, including Nisar and Zaheer in the apex court, says that their alleged “confession in police custody is the beginning and end of the case”.

—Zaheer Ahmed–Regarding Zaheer, the judgment said: “In the absence of any other material on record to lend any semblance of corroboration to the confession (of the co-accused), we find it extremely difficult to sustain the conviction and sentence of (Zaheer) simply on the basis of confession of (the co-accused).”

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                                                                   Mohammad Aamir Khan

Mohammad Aamir Khan’s 14 lost Year:-

Case – Charged with 17 cases in Delhi, including murder, sedition and waging war against the Indian State. Among the charges were two blasts in Haryana and one in 1996, on the Frontier Mail (train) in Ghaziabad.

Arrested- February 1998

Acquitted -January 2012

Years in Jail- 14

On a February night in 1998, Mohammad Aamir Khan, a resident of the Old Delhi area of India’s capital made his way to a chemist to buy medicine.

He was picked by police forcefully and pushed into the Jeep, and taken to small room, where he said he was tortured and made to sign blank papers.

Mr. Khan was charged in 19 cases, for crimes including murder, terrorism and waging war against the nation. He was accused of masterminding  bomb blasts that occurred in Delhi and neighboring states between December 1996 and December 1997.

The family invested whatever it had to get the only son out and at present and in between his father died, just the ailing and paralytic mother was left in the family when he was acquitted.

He added – Government  have a policy for rehabilitating surrendered terrorists.

Why don’t they have a rehabilitation policy for those who are wrongly sent to jail?

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                                                                  Dr Salman Farsi

Case:-Malegaon Blast 2006

Arrested:-November 5, 2006

Acquitted: April 2016

Years in Jail:-5

Farsi, a Malegon resident and a BUMS graduate; was working in his clinic in Govandi, Mumbai, when his life changed forever: Maharashtra ATS picked him up on November 5, 2006 alleging his involvement in the blasts. He was arrested along with eight other Muslim youths for having participated in the conspiracy and orchestrating serial blasts. Maharastra ATS claimed they were members of the banned organisation Students Islamic Movement of India (SIMI).  In its chargesheet, it stated that the accused wanted to continue unlawful activities within the state of Maharashtra to overthrow the government by causing communal riots.

In November 2011, having spent five years in prison under the accusations, that all youth accused, including Dr Farsi, were granted bail. The NIA did not object to their bail and instead charged Hindu radicals for the blasts.

“There was a delay in granting bail and for me justice is yet to be done as charges have not been absolved,” Dr Farsi says with optimistic tone.

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                                                                        Shoaib Jagirdar

Arrested: 26 june 2007

Acquitted July 2014

Years in jail 7

Case Mecca Masjid Blast

Shoaib Jagirdar, who hails form Jalna was arrested by a Special Investigation Team of Hyderabad police on June 26, 2007. Subsequently it arrested his cousin Imran and friends Nayeem and Rafi Ahmad and charged them with criminal conspiracy, waging war against the State and securing a fake passport. Police had also charged Shoaib with helping Nayeem, who was described as the activist of Lashkar-e-Taiba.

Almost seven years after a bomb had rocked historic Mecca Masjid in Hyderabad killing nine people, and five years after the Central Bureau of Investigation (CBI) exposed the involvement of certain Hindu fundamentalists in the incident, a court in Hyderabad acquitted four persons charged with criminal conspiracy and various other offences in connection with the blast.

 Even as the CBI arrested Lokesh Sharma, Devender Gupta and an RSS activist Swamy Aseemanand for conspiring and carrying out the blast in the mosque during Friday congregation on May 18, 2007.

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Wasif Haider

Case: Kanpur Bomb Blast 14 August 2000

Arrested: July 2001

Acquitted: 2009

Years in Jail :8

 Syed Wasif Haider, a resident of Kanpur, UP, was jailed for eight years, before the courts finally acquitted him of all charges on 14 August 2009. At the time of his arrest, Haider was 29. The only son of his parents, he left behind a pregnant wife and three children, while he spent eight years shuttling between Kanpur Jail, the Navi Central Jail in Allahabad and the Central Prison in Fatehgarh.

“Today I’m jobless. I can’t start a business because friends refuse me loans. Wherever I go looking for a job, once they learn about my eight years in jail, companies tell me they will get back to me. They never get back.”

 Please stop the media from defaming me. I was declared innocent in 2009. Yet, the local media drags my name in whenever there’s a blast. I’m facing a social boycott. Children in the locality don’t play with a ‘terrorist’s’ daughters. Relatives feel police will hound them for visiting me.

Framed, Damned, Acquitted: But All Muslims

All Images Copyright ©Vijay Pandey

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