Before the Hon’ble National Human Rights Commission Complaint Petition No. IN THE MATTER OF: Manjula Gupta 408, M.C.
Seetalwad Lawyers Chambers Supreme Court, Bhagwan Das Road, New Delhi-110001 ……. Versus 1. Union of India Through Home Secretary Government of India, New Delhi2. State of U.P., Through Home Secretary Government of U.P. Lucknow(U.P.) 3. District Magistrate, District of Muzaffar Nagar, Muzaffar Nagar (U.P.) 4. District Magistrate, District of Meerut, Meerut (U.P.). 5. District Magistrate, District of Shamli, Shamli (U.P.) 6. Superintendent of Police, District of Muzaffar Nagar, Muzaffar Nagar (U.P.) 7. Superintendent of Police District of Meerut, ……. , ……. , Complainant / Petitioner , of 2013
Meerut (U.P.). 8. Superintendent of Police. District of Shamli, Shamli (U.P.) ….. Respondents
Protection of Human Rights Act, 1993 To, Hon’ble Chairperson and his Campanion Members of NHRC The complainant above named MOST RESPECTFULLY SHOWETH: 1. That the Petitioner was born and brought up at Muzaffar Nagar in the State of U.P. Presently the Petitioner is practicing law at the Bar of the Hon’ble Supreme Court of India. The Petitioner has been gravely disturbed at the incidents of communal violence in Muzaffar Nagar and in the neighbouring districts resulting in grave violation of human rights and abetment thereof and the negligence in the prevention of such violence by the Government of U.P. In this view petitioner is making this petition bonafide in the public interest. 2. That this is a petition interalia seeking an enquiry into the Muzaffar Nagar communal riots which took-place due to eveteasing of majority community girls, inaction thereafter, of police administration and interference in the police and civil administration by the ruling political party activists. Post riot events indicate a partisan approach of the Government of the State in matters of relief and consequential actions in violence of human rights. Events leading to the present petition are stated hereinafter very briefly to demonstrate the necessity of an enquiry by this Hon’ble Commission.
3. 18.08.2013: (i) At about 11.30 am, a Dalit Hindu Girl of Village Baghra was raped by some Muslim Community’s boys in a school garden. The complaint of the said incident was made on the very same day to the police giving names of the culprits/rapists. But police did not take any action against them resulting in anger and agitation among Hindu Community. (ii) 19.08.2013: At about 9.00 am, the S.P. of Shamli Distt. namely Mr. Abdul Hameed arrested six boys of Dalit Community (Hindus). This Act of the said S.P. further aggravated the anger among Dalit Community and other Hindus. Till date the administration has not given any account of those boys. 4. 27.8.2013: (i) At about 10.45 am a girl of Jat Community was with her brother-Sachin Malik, aged 32 years S/o Bisan Malik of Village Malikpura at Majre near Kawal Village when she was eve teased by a Muslim boy-Shahnawaz aged 21 years. During day hours, Sachin Malik with his cousin brother Gaurav Malik went to Shahnawaz’s Village. In the scuffle between them, Shahnawaz was killed as a result of which Muslims of Qureshi Community got agitated and Sachin Malik and Gaurav Malik were brutally killed by the mob of that community. (ii) The police was informed about the aforesaid incident and police came from Jansat Police Station reached at the place of occurrence in Kawal. The District Magistrate Shri Surender Singh along with Sr. Supdt. of Police Ms. Manzil Saini reached on the spot and
enquired about the entire matter. Police reached Shahnawaz’s house and his neighboring houses and found there some people whose clothes were blood stained. District Magistrate and SSP took immediate action and arrested seven persons and started their search operation to find the remaining culprits. (iii) That thereafter political interference started and
according to newspapers reports on the intervention of Samajwadi Party leaders including Amir Alam (Ex.M.P.), Azam Khan (presently Minister, U.P. Government) etc. the District Magistrate Shri Surender Singh and SSP Ms. Manzil Saini were immediately transferred during their search operation. The SHO of Jansat Police
Station was also ordered by some S.P. leaders to release the arrested accused persons for murder of Gaurav and Sachin and not to register any FIR against them. The SHO, P.S. Jansat immediately released six of the seven accused persons and registered first FIR against only the family members of deceased Gaurav and Sachin for the murder of Shahnawaz. (iv) That the newly posted District Magistrate and SSP, Muzaffarnagar took this whole incident in a very causal manner. The whole acts and role of police in releasing the accused persons belonging to minority community from the Police Station and registration of FIR against only the family members of Gaurav and Sachin, who were not at all present at the place of occurrence and the transfer of the then District Magistrate and SSP, Muzaffarnagar under pressure of the above said ruling party leaders created severe resentment and suspicion in the Hindus especially in Jat community.
After the incident of Kawal took place, Mulana Nazir Ahmad Hashami of Jansat Madrasa reached there with approx. 12 persons. This fact also worked as a catalyst to increase the temper, anger and resentment among the villagers in the neighbouring villages.
The above stated incidents caused communal riots in the whole area. As per news report, 11 persons were arrested, out of which two were Muslims and rest were Hindu.
28.08.2013: The Bhartiya Kisan Union (BKU) leader Rakesh Tikait announced Mahapanchayat to be held in the field of InterCollege of Kawal to discuss the communal riots problems on 31.8.2013.
29.08.2013: According to the News report published in Amar Ujjala newspaper a crowd which was returning back after last rites of Gaurav and Sachin, got uncontrolled in Kawal village, and resorted to damaging properties which also caused traffic jams on Highway of Panipat – Kheteema, torture of three bike riders in front of old Police Station of Sikoda etc. etc. The police had to resort to 12 rounds firing and lathi charge.
30.08.2013: (i) Despite the prohibitory orders u/s 144 Cr.P.C.,
thousands of Muslims after performing their Friday Namaz in Khalapar, assembled at Shahid Chowk at Muzaffarnagar and held a meeting which was
addressed by various Muslim leaders of different
political parties. In the aforesaid meeting Qadir Rana (M.P.), Noor Salim Rana (MLA), Rashid Siddiqui (Samajwadi Party leader), Saeedujjama (former M.P.) and other prominent Muslim leaders were also present. The local Administration and the police authorities did nothing to stop them from violating prohibitory orders u/s 144 Cr.P.C. On the contrary, District Magistrate and SSP, Muzaffarnagar, attended the said meeting. The District Magistrate addressed the aforesaid unlawful gathering of Muslims. Muslim leaders delivered
provocative hate speeches against Jats (Hindus). (ii) In order to spread communal violence in the area, on 30.8.2013, Kadir Rana, M.P. according to news paper reports delivered a provocative speech that, if on 31.08.2013 the Mahapanchayat of Jats takes place then “Khuda Kasam, Muzaffar Nagar Mein Koi Bachcha Nahi Bachega.” (iii) It was also reported that four students of Madrasa who were traveling in a train were beaten up by the mob. Therefore, in reaction to that incident, Muslims also attacked on some persons in Muzaffarnagar and did indecent and irresponsible behavior with the ladies, resulted into further resentment in the majority
community. 8. 31.08.2013: The Mahapanchayat on the call of Bharatiya Kisan Union took place at Nagla –Mandour. The Mahapanchyat demanded to stop the harassment of innocent jats in Shahanawaz killing case and to register the F.I.R. against the killers of Gaurav and Sachin. The Mahapanchayat also declared that if their
demands were not met, a Mahapancayat would be held again at Nangla Mandour on 07.09.2013. 9. 03.09.2013: Inspite of prohibitory orders u/s 144 Cr.P.C., Maulana Nazir along with hundreds of Muslims tried to enter Kawal village from Jansat. All the persons were carrying lathis in their hands and were raising inflammatory slogans. When the police tried to stop them, they started abusing the police. The entire
Jansat was under threat, fear and terror. People started running here and there and all shops were shut down. The police lodged FIR Crime No. 408/13 u/s 147, 188, 341, 353/153A IPC dated 3.9.2013 against one person only, i.e. Maulana Nazir, S/o Bashir Ahmad at P.S. Jansat,
Muzaffarnagar. 10. 04.09.2013: The leaders of Bhartiya Kisan Union handed over a representation to the District Magistrate, Muzaffarnagar, addressed to the Chief Minister of U.P., wherein it was stated that anger of majority community can burst if murderers of Gaurav and Sachin would not be arrested at the earliest and that names of wrongly alleged persons in the murder of Shahnawaz be removed and Rs.10 lakhs each be given to the families of Gaurav and Sachin. 11. 05.09.2013: (i) (ii) BJP observed ‘Bandh’ against Kawal incident. In the mid-night of 05.09.2013 some portion of a religious place was damaged in Shamili. 12. 07.09.2013:
As no action was taken by the district Administration and police authorities of Muzafarnagar on the demands of the Bhartiya Kisan Union (BKU in short) The
Mahapanchayat was held at Nagla-Mandour. agenda of the said Mahapanchayat was: i)
to arrest the accused persons involved in the murder of Gaurav and Sachin;
to release the persons whose names have been wrongly mentioned in the FIR for murder of Shahnawaz;
the Gangster Law should be applied on the persons involved in eve-teasing of women;
to make a check-post for the safety of Malikpura people;
the Cases filed against the persons who were part of panchayat held on 31.8.2013 should be withdrawn,;
A helpline should start running for the girls / daughters in educational institutions.
Jats came to Nagla-Mandour from different districts and from different routes by different modes of
transportation to attend the said Mahapanchayat. Bhartiya Kissan Union and ‘Serv Khaap’ organized the said Mahapanchayat at Nagla-Mandour and named it as “Bahu Beti Bachoo Sammelan”. Most of the Jats
from villages came to Mahapanchayat in tractors / trolleys. More than one lakh persons gathered in that
Mahapanchayat. Section 144 Cr.P.C. was also imposed in the village due to high tension, even after that, permission was granted to hold the said meeting. (iii) First attack on the Jats was carried out by Muslims at village Basikala while they were going to attend Mahapahchayat at Nagla-Mandour on 7.9.2013 in tractors / trolleys. Many persons sustained injuries due to pelting of stones and bricks from the house tops by Muslims at Basikalan. (iv) After the Mahapanchayat, the Jats started returning to their respective villages. Their tractors / trolleys were attacked with fire arms by the Muslims who gathered in large number at different places. In Jolly village, about 100- 150 Muslims armed with fire arms opened fire at tractors / trolleys and Jats traveling in tractors / trolleys had to run away leaving behind their tractors / trolleys. Three Jats were killed in firing and a number of other Jats were injured. About 19 tractors and 24 trolleys and 5 motor-cycles left behind by Jats were burnt by the Muslims. More than 20 persons, including a Journalist, died on the spot. The dead bodies of Jats, their burnt tractors and trolleys were thrown by the attackers in Gangnahar Canal. As per a news reports 18 tractors were found drawn in the canal near Jolly Village which were in burnt condition. (v) Another attack on Jats was carried out by the Muslims at village Purbalian on 7.9.2013 while the Jats were returning to their respective villages in their tractor trolleys after attending the Mahapanchayat at NaglaMandour. Four persons died in this attack and about 50
persons sustained serious injuries. The details of dead persons are as under: a. Shri Rajbir Singh, S/o Shri Jhunka, R/o. Vill. Kakda, PS Shahpur, Muzaffarnagar. b. Shri Mahender Singh, S/o Shri Mathan Singh, R/o Vill. Kakda, P.S. Shahpur, Muzaffarnagar c. Shri Vikas @ Kallu S/o. Shri Jawahar Singh, R/o. Vill. Kakda, P.S. Shahpur, Muzaffarnagfar, d. Shri Vipin S/o. Shri Kadam Singh, R/o Soram, P.S. Shahpur, Muzaffarnagar. (vi) Another attack on Jats was carried out by the Muslims at village Majheda, P.S. Mirapur, Muzaffarnagar on 7.9.2013 while the Jats were returning to their respective villages in their tractor trolleys after attending the Mahapanchayat at Nagla-Mandour. (vii) The police and paramilitary forces had already been deployed before the Mahapanchayat held and there was a heavy deployment of these forces at the villages Jolly, Purbaliyan and Mirapur (near Mujheda) where the unarmed Jats were attacked by the Muslim miscreants with deadly weapons. But the police / paramilitary forces did not try to save the innocent Jats on the pretext that they did not have any orders, from the higher authorities to fire. The civil authorities
remained a silent spectator under the influence of Samajwadi Party leaders when innocent Jats were being killed by Muslims. Although the concerned Magistrates were present at the site of village Jolly and Purbaliyan. It is pertinent to mention that the administration was given orders not to take any action, not to lodge any complaint and not to stop any one from creating violence. The said order was kept secret but
was leaked to miscreants of Muslim Community by the ruling party activists. (viii) The communal violence started in the city of
Muzaffarnagar where three persons were killed by the Muslims. The names of the persons killed in communal violence at Muzaffarnagar city are as under: a. Shri Rajesh Verma (Journalist) b. Shri Damodar Sharma c. Name not known (Pujari) (ix) (x) Approximately 28 persons died during riots which took place on 07.09.2013. According to News Paper reports some women in Village Phugana were raped. 13. 08.09.2013: After the incident of 7.9.2013, riots spread to other areas like wild fire and ten people died in Muzaffarnagar, one died in Niloha village of Mavana and on 8.9.2013, fourteen persons died in Muzaffarnagar, two in Shamili and one in Baghpat. More than 14 persons were untraceable. A religious place was damaged in village Kutba-Kutbi. Several houses were burnt by the mob. Three persons namely Waheed, aged 50 years, Ambrish aged 55 years and Khatoon aged 70 years died in the riots. including children. 14. That on 10.09.2013, it was reported in Amar Ujjala newspaper that violence was not being stopped, 13 more persons died, raising the toll to 41 dead. More than 286 persons were arrested. There was no sign of riots being stopped. People One Rishipal was also attacked and
murdered by a fire arm. Number of persons were injured,
started migrating from their houses. But distance between the communities especially in between Hindus and Muslims was getting broad and broad by passing each minute of the day. 15. That on 12.9.2013 it was reported in Dainik Jagran Daily that a huge cache of AK 47 cartridges was recovered from the Muslims at village Kirthal, District Baghpat during the search operation. The search operation was suddenly stopped due to the interference of some influential leaders of Samajwadi Party. 16. The events as stated above led to a sort of animosity between the two communities. Miscreants of the minority community started attacking the roots of livelihood of Jats, which would be evident from the following incidents; (i) On the night of 10/11th September, 2013 about ten tubewells of the Jats of village Phugana were damaged. All these tubewells were located on the boundary between the village Phugana and village Loi. village Loi is mainly populated by the Muslims. names of persons whose tubewells have The The been
damaged are as under: a. Harpal Singh, S/o Nahar Singh b. Sanjeev S/o Shri Charan Singh c. Jagdish S/o Shri Dhara d. Mahender S/o Shri Surajmal e. Chanderbir S/o Shri Manga f. Akal Singh S/o Tikaram g. Ramkumar S/o Mahendr h. Shyam Singh S/o Shri Manga i. Ramdhan S/o Shri Raghbir Singh j. Rajender S/o Illam Chand
The roots of tubewell at Sl. No. (i) was also set on fire. (ii) On 14.9.2013 at about 9.00 AM two persons namely Anil S/o Bhopal Singh and Rajeev S/o Manga of village Phugana had gone to their fields to collect green fodder for their animals. Their fields were adjacent to the fields of village Loi which is mainly populated by Muslims. While the aforesaid Anil and Rajeev were cutting Chari in their fields, they were attacked by some Muslims with fire arms. In the attack Anil sustained a bullet injury in his right shoulder while Rajeev sustained injury in his hand and feet. (iii) On the intervening nights of 3/4th October, 2013 five tubewells belonging to Jats in village Chhur P.S. Sardhana, District Meerut were completely damaged. The names of the owners of the tubewells are as under: a. Birpal Singh S/o Ram Swaroop b. Sansare S/o Ajab Singh c. Om Prakash S/o Jile Singh d. Dara S/o Jai Prakash e. Rohit S/o Harbir Singh. (iv) It was reported in the ‘Dainik Jagran’ daily dated 5.10.2013 that in separate incidents about 89 bighas of sugar cane crops in District Muzaffarnagar was burnt by the miscreants. The names of the persons whose crops were burnt are Kashi Ram, Sanjeev, Ramphal, Vikas, Pradeep, Ompal, Lala, Nirankar, Babloo, Sandesh, Indrapal, Bhupendra, Rajeev etc. (v) It was reported in the Newspaper ‘Hindustan’ dated 6th October, 2013 that the sugar cane crops was burnt by
the miscreants in the villages of Phugana area. The names of the persons whose crops burnt are Ombir, Ram Sneh, Kalu, Anil of village Lakh and Tejpal, Jagbir and Jagdish of village Behavadi. (vi) It was reported in ‘Dainik Jagran’ dated 11.10.2013 that five tubewells in the village Bitawada, District
Muzaffarnagar were damaged by the miscreants. The names of the persons whose tubewells were damaged are Tejpal, Rishipal, Deshpal, Raghubir and Tej Singh. (vii) On 31.10.2013 it was reported in daily newspaper ‘Amar Ujala’ under the heading ‘Bujhi Hee Nahi Thi Nafrat Ki Chingari (The flame of hate was not extinguished)’ that about ten persons were killed in a Guerrilla type of attack. It has also been learnt that people were being killed after identification. The police and administration had failed to stop that. 17. That the communal riots at Muzaffarnagar are being politicized for electoral purposes. The facts are being distorted and Jats are being projected as villains by certain politicians and the media. Jat community is primarily agriculturist, hardworking and peaceful in their general conduct. The Jats do not nurture any fanatic fervor. They are purely secular in their daily life and in their inter personal relationship. In the rural areas of western U.P. there had been no communal riots since independence. It is a well known fact that no communal riots took place in western U.P. between Jats and Muslims even in 1947 when the entire country was burning with communal riots. The proximity and ‘bhaichara’ between the Jats and Muslims had been traditional and exemplary and they live in peace and harmony. The Muslim Jats properly known as
Mule Jats and the Hindu Jats have common gotras and they
are very much part of the kisan fraternity and they were the active participants of all kisan panchanyats and other farmers movements. In fact, in the year 1989 when a 22 years Muslim girl namely Naima was abducted, then Jat farmers under the leadership of Chaudhry Mahendra Singh Tikait sat on Dharna for 40 days in P.S. Bhopa for the recovery of abovementioned Muslim girl. This agitation was called off on the intervention of the then Chief Minister of U.P. Shri N.D. Tiwari. It is pertinent to mention that no incident of violence against Muslims took place in the villages inhabited by majority Jat community such as in village Bhokaredi P.S. Bhopa, Rehmatpur, P.S. Bhopa, Baseda P.S. Bhopa, Soram P.S. Shahpur, Kakda P.S. Shahpur, District Muzaffarnagar and village Modkhurd P.S. Behsooma, Village Mohammadpur Shakist P.S. Behsooma District Meerut.
That the role of persons who are at the helm of affairs is partisan and the Police officials and District Administration is lodging the false FIRs against the innocent Jats. About 3000 Jat youth have been falsely implicated in order to harass them and to stop them from appearing in the recruitment process in the police force and education department.
It has been learnt that licenses of arms given to Hindus are being cancelled. On 13.10.13 it was reported in a newspaper “Amar Ujala” that State Govt. is under criticism for taking action against a particulars community and for suspension of their arms licenses.
That on 23.10.2013, a news item published in daily newspaper ‘Dainik Jagaran’ whereby it was reported that the refugee camps are under the grip of madarsas. The relief camps have been set up for ulterior motives and the facilities of the relief
camps are being misused. The relief camps are being used as a propaganda to garner Muslim support in the forthcoming elections by the ruling party. The majority of the families of these camps are from the villages where there had been no incident of communal violence. In fact, the houses of the
Muslims who have left the villages are safe and their cattle are being looked after and fed by the fellow villagers. The people are staying in the camps only to get the dole that has been assured by the State Government.
That mass marriages of Muslim girls including a large number of very young minor girls are arranged in the relief camps in order to get the dole of Rupees One Lac each girl announced by the State Government. Various other doles have been announced by the State Government for the minority community as a result of which the Muslims who are living in their houses join the relief camps on the day when the grants reach for distribution.
That on 10.11.2013, a news item published in daily newspaper “ Times of India’ by which it was reported that dozens of survivors of Muzaffar Nagar riots took to streets alleging that District Administration were pressuring them to sign an affidavit that they would not return to their village in lieu of compensation.
It is humbly submitted that the situation in the city has slightly improved but the anger and resentment are still there in the villages. The fear of killings continues and implication in false cases is still there. The Hindu girls are openly being teased and no one is taking action against it. Due to which most of the village girls have stopped going to schools and colleges.
Parents of Hindu minor girls have started looking for their marriage alliance as early as possible. 24. It would be worth mentioning that a number of NGOs and politicians including the Prime Minister and the Chief Minister of U.P. have visited the riots affected areas and relief camps but they have met the riot affected victims of mostly the minority community. The doles are distributed among minority community only. The majority communities are being
discriminated by the State Government. False F.I.Rs. have been lodged against the majority community members. 21 F.I.Rs. have been lodged against one 87 years old Baba Harkishan who is the Khap Chaudhary of Gathwala Khap, Muzaffarnager while the above said Maulana Nazeer, an accused in Case Crime No. 408/2013 U/s
147/188/341/353/153A IPC, P.S. Jansat, Muzaffarnagar was invited by the U.P. Chief Minister to meet him alongwith a Muslim delegation in Lucknow and a special aircraft was sent for them by the Chief Minister. The discrimination is due to the fact that the Jats are not the traditional voters of the ruling Samjwadi Party which does not have a single Jat MLA or M.P. On the other hand Muslims are the traditional voters of the ruling party which have a number of Muslim MLAs and Ministers who influence the orders and actions of the State Government. PRAYER It is, therefore, most respectfully prayed that this Hon’ble Commission may be pleased to: i) take notice of the above facts and get verified and enquired into them by its own investigation team; ii) give a detailed report about the entire incident;
concerned authorities including the respondents herein for the followings: (a) to initiate action for communal harmony; (b) to remove discrimination in the matter of compensation and criminal prosecution; (c) to prevent political interference in civil
administration; (d) to prevent marriage of young minor girls; (e) to prevent misuse of government funds for electoral purposes of the ruling party; (f) to ensure safety, security and freedom of the girls attending schools and colleges; (g) to take stern action against the persons/ authorities responsible for causing riots and for failing to prevent riots; (h) to settle the displaced persons and to provide them security; (i) to take the incidents of eve teasing seriously and act immediately as per law; (j) to give other(s)/ further direction(s) and recommendation(s) as may be deemed necessary for the protection of human rights and for prevention of the violation of human rights of the people of the riot affected areas in the Districts including in the districts of Muzaffarnagar, Meerut, Shamli and Bagpat. FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY. FILED BY: (Ms. Manjula Gupta) Petitioner Dated: .12.2013.