[Reader-list] Œ STATE KA ORDER HAI ¹ - A Report by Shabnam Hashmi on the incidents of July 3-4,2008 in Indore

[S. Jabbar]

'STATE KA ORDER HAI'
 
A Report by Shabnam Hashmi
 
An Independent Fact Finding Team visited Indore on August 5, 2008 to inquire
into the incidents of July 3-4, 2008 and its long term affect
 
The Team comprised of:
 
Dr Syeda Hameed: Member, Planning Commission, Govt of India
Shabnam Hashmi: Member, National Integration Council, MHA, Social Activist
 
The following account is compiled and written by Shabnam Hashmi on the basis
on the one day visit, testimonies of the close relatives of those who died ,
testimonies of the injured and individual and group discussions with the
local human right activists, and an analysis of the media reports of the
above period which were submitted to the IFFT.
 
Dr Syeda Hameed as member of the Planning Commission will be looking at the
long term affect of these incidents. The present account deals with the
findings and recommendations.
 
The team visited the following areas:
 
Juna Risala
Sindhi Colony 
Khajrana
Khajrana Village
 
The following victims / relatives of the victims deposed before the team:
 
Juna Risala
1.     Nazneen- mother of the deceased Mohd Rizwan
2.     Abdur Rehman- Advocate and uncle of the deceased Mohd Rizwan
3.     Salman Ahmed- 18 yrs, B Com Final- Bullet Injury
4.     Gulam Ahmed Khan- locality leader
5.     Irshad Khan-19 yrs, bullet Injury
6.     Gulrez-19 yrs- bullet injury
7.     Rafik s/o victim Alla Baksh ­ injured- bullet injury
8.     Faiz-17 yrs-s/o victim-Aijazul Hasan, bullet injury
9.     Nizamuddin, Father of the deceased Zeeshan
10.                         Salma Parveen, Mother of the deceased Zeeshan
11.                        Mohd Hanif Pyare Mian employer of the deceased
Zeeshanal 
12.                        Members of the local community ( approx 40
people) 
 
Sindhi Colony
 
1. Khattumal Makhija father of the deceased Hem Chand Makhija
2. Sheela Devi Makhija mother of the deceased Hem Chand Makhija
3. Shanker Tejwani friend of the deceased Hem Chand Makhija
 
Khajrana
 
1.     Mehrunnisa mother of the deceased Imran- 17 yrs
2.     Abdul Rafiq father of the deceased
3.     Zaibunnisa- grand mother of the deceased Imran
4.     Members of the local community ( approx 10 people)
 
Khajrana Village
 
1.     Nana Patel father of the deceased Anwar Patel- 19 yrs
2.     Mohd Imtiaz brother of Mehmood
3.     Rasheeda, Wife  of Mehmood
4.     Shama Bi, Mother of Mehmood
5.     Members of the local community ( approx 50 people)
 
The team met the following officials:
 
District Magistrate
Superintendent of Police
Additional District Magistrate
 
I am writing the account of what we saw and heard. One day is neither enough
to understand and grasp the intensity of any communal attack nor to share
the grief of the victims. The background of the Amarnath dispute has been
contributed in the report by Dr Ram Puniyani.
 
Background
 
Amarnath yatra has been one of the major religious tourism activities of the
J & K state, well managed by the local population, mainly Muslims of the
area, till 2001 when Shri Amranath Shrine Board (SASB) was formed and it
took over the arrangements of the pilgrimage. SASB had Governor of the state
as the chief and Governor's Principal Secretary as the Chief Executive
Officer (CEO). Gradually the SASB started asserting beyond its mandate, e.g.
going on to construct shelters and structures on Pehalgam Golf Course,
mainly due to the clout of the Governor who headed this body. In 2005 SASB,
contrary to the laws, was granted the permission to use the forest land for
the tourists. Incidentally, CEO's wife was the forest officer who cleared
this highly illegal demand of the shrine board. This started the process,
which ultimately went out of hands of the local government. While Government
initially opposed the order of the forest department, the high court stayed
Government's decision. Following this the state Govt. transferred the land
to SASB and then cancelled it.
 
BJP and VHP gave a nation wide call to observe Bharat Bandh on July 3, 2008
on the Amarnath land transfer issue.
 
July 3 & 4, 2008-Incidents in Indore
 
Indore is the largest city of Madhya Pradesh
<http://en.wikipedia.org/wiki/Madhya_Pradesh> . It is situated on the Malwa
Plateau <http://en.wikipedia.org/wiki/Malwa_Plateau> , just south of the
Satpura Range <http://en.wikipedia.org/wiki/Satpura_Range> . It is the
commercial centre of Madhya Pradesh.

Indore was engulfed in violence for several days after the BJP & VHP gave a
call for a Bharat Bandh. What Indore witnessed was well orchestrated mayhem
planned by the Sangh against the minority community with the full connivance
of the state administration.

RSS and various Sangh organizations under its umbrella have been vitiating
the atmosphere of the city for several years. Though the city has a long
history of co-existence of various communities and a rich syncretic culture,
the systematic communalization of the society has been underway especially
since the BJP came to power in the state in 2003.

The pattern of the violence that took place in Indore on July 3 & 4, 2008
clearly reminds us of the systematic planning of the Sangh to eliminate and
marginalize the Muslim community on the pattern of the Gujarat carnage of
2002, the only difference being of the scale and the provision of the relief
after the attacks. 

The SP and the Collector visited the Indore RSS office on July 2nd evening
as well as on July 3, 2008 morning.

Even before July 3, 2008 Bharat Bandh, the Sangh members raised highly
abusive and provocative slogans in front of some mosques. In Mukeripura and
Malwah Mill area slogan shouting was done at the prayer time.  Processions
with naked swords were also taken out on July 2 in minority areas.

The collector and SP both new to the area , they had joined a month earlier,
said in an interview that they did not expect the kind of violence that took
place on July 3, 2008. The question is were the incidents of July 2 not an
indication enough or did they visit the RSS office to take a brief?

On July 3rd, 2008 in Khajrana colony some small tea shops owned by Muslims
were open. About 25 people from the Sangh went there and asked them to shut
the shops. The crowd vandalised the shops and beat up the shop owners. They
raised highly provocative slogans .A scuffle took place and the attackers
also got hurt in that. They returned to the Patidar mohalla and called out
to people and a mob collected. They started pelting stones and slowly stone
pelting started from both the sides. Police arrived on the scene and threw
tear gas shells. The mob retreated towards the Ganpati Mandir.

Between 11 and 11.30 the VHP and Bajrang Dal members started attacking any
Muslim that came on the road with hockey sticks. The Muslims for going
anywhere have to use this way as there is no other road to go out. Any
Muslim that came on the road was surrounded and brutally beaten up, after
checking their identity if it was not too obvious. Approximately 50 Muslims
including children , women and old were beaten up and injured. The injured
covered with blood started coming towards the village mosque. Police did not
take any steps to stop the beatings and humiliation of the Muslims. The
Muslims went to the police station to ask for help but the Police did not
respond. VHP and other supporters were there in large number. Stone pelting
started from both the sides. Soon firing started resulting in three deaths
(all Muslims) and 19 injured (all Muslims).

As the fact finding team drove towards the Khajrana village we were shocked
to see a house which had more than 20 bullet holes. It is a clearly one
sided attack since all deaths and majority of the injured are from the
minority community. The police had not arrested anyone when we visited the
place. 

We asked the SP and the Collector how many licenses for the firearms have
been issued in the recent past. They decided not to reply to the questions.
According to our enquiries more than 2,000 licenses have been issued in the
last two years and one hardly need to guess who the beneficiaries would be.

Almost simultaneously the VHP, Bajrang Dal and other goons entered various
Muslim dominated areas (Badwali Chowk, Ranipura, Lodhipura, Mukeripura,
Narsinghbazar, and Khajrana) shouting provocative slogans, misbehaving with
local residents. The police stood and watched.

All shops belonging to the Muslims were attacked. Medical shops belonging to
Muslims were attacked. Bengali speaking Muslims were especially targeted.

Violence that erupted on July 3, 2008 took the lives of four people. Imran (
17yrs) killed by the Police in front of Khajrana Thana, Anwar Patel, Mehmood
and Sharif Patel all from the Khajrana village.

Anwar was 19 years, worked as a help in Fatima Patel's clinic. He was
hanging the clinic's washed linen when the bullet hit him. Nemichand Patidar
an active member of the BJP shot him. The bullet pierced through his body,
entering near the eye and coming out near the stomach. FIR was lodged by his
father Nana Patel. He is an eye witness to the killing of his son. No
arrests have been made.

Mehmood was near the spot where Muslims had started coming in after being
beaten up by the VHP goons. He got up on a building to see what was
happening. Stone pelting was going on. Santosh Patidar's bullets hit him
according to an eye witness. 9 bullets had pierced his body. Police took him
to a hospital. His Medico Legal Report or the Post Mortem report was not
given to the family. FIR was lodged. No arrests have taken place. Had it
been a reverse case we can imagine the number of people who have been
arrested. 

We met Mehmood's wife and mother who were inconsolable. Mehmood's small son
and four daughters face a bleak future as he was the only bread earner of
the family. 

Hem Chand Makhija, 25 yrs, was a commission agent in the anaaj mandi (wheat
market). He lived in Sindhi Colony with his parents, wife and a brother. He
was playing cricket when his friends ( Shankar Tejwani-30 yrs and others)
came and called him to go with them and join the VHP Bandh Procession. They
parked their car at Lodhipura and joined the procession in Mukeripura. The
place is about 5 kilometers from the Sindhi colony where he lived. The
processionists were shouting slogans: Go back to Pakistan. Stone pelting
started. Police threw tear gas shells. When the tear gas shells were thrown
according to Shankar Tejwani they ran towards Laxman Singh Gaur's house as
that was the place they knew well. Incidentally Lakshman Singh Gaur was the
BJP minister till last year when he died in a road accident. In the melee
the friends got separated. After sometime when Shankar Tejwani started
looking for Hem Chand, he saw someone bringing him on a cartwheel. According
to him and Khattu Mal Makhija, Khem Chand's father, he died of a bullet
injury. The family has not seen the Post Mortem report. We could not find
any eye witness. 

Funeral procession of a young boy Imran (17 yrs), who was dragged and killed
outside Khajrana Thana by a policeman ( Shailendra) by placing his barrel of
the gun in his mouth ,was lathi charged, even though the family had curfew
passes for 25 people. Police prevented 'Namaz-e-janaza' on the pretext that
women threw stones at them. They lathi charged and used teargas. The father
of the boy Abdul Rafiq was badly beaten up by the police when he was
carrying his dead son to the kabristan.

When we pointed it out to the SP and the Collector that the policeman who
murdered Imran in broad daylight has not been suspended or arrested, they
replied that the woman (Imran's mother-Mehrunissa) was arrested in drug
peddling that is why she is naming him. Her being arrested for drugs
peddling does not change the fact that her 17 year old son was killed in
broad daylight. The 11 year old younger brother Shahrukh is an eye witness
to the murder. The family had not been able to get a Post Mortem report till
the day we visited them.

It is also very important to narrate here that the 500 meter walk from our
car to Mehrunissa's house was so filthy we could barely walk with our
sandles continuously slipping on the mud and filth and when we returned
after spending about 40 minutes our feet looked as if we have been working
in open muddy fields for days.

We asked the collector what happens to the development money and why it
never finds its way to the colonies where minorities live. We were told that
the road is in the pipeline but when it will be built is a big question. I
was reminded about the rehabilitation colonies where 5000 internally
displaced families live in Gujarat. They have not been able to return back
to their villages even after 6 years of the Gujarat carnage 2002. Only after
a long struggle by the Antarik Visthapit Hak Rakshak Samiti and several
rounds of meetings that we held with the NHRC, NMC and other agencies the
Principle Secretary, Gujarat was sent a notice by the NHRC to improve the
living conditions of the colonies.

Despite the mindless violence that took place on July 3rd and took many
innocent lives, the district administration was not prepared to put an end
to it. Many parts of Indore witnessed fresh violence and killings on July 4,
2008. 
The areas of Mukeripura, Khajrana, Badwali Chowk, Lodhipura, Mukeripura,
Narsinghbazar, and Khajrana were put under curfew after the July 3 violence.
In Juna Risala the policemen themselves resorted to firing. Not all of them
in police uniforms. Many in plain clothes and off duty joined the firing.
According to local people RAF helped the bandh supporters. Every group of
bandh supporters was armed and escorted by the police.

A group of people were returning home after the namaz around 2-2.30pm. There
was stone pelting going on near the mosque. There has been a long pending
property dispute near the jinsik chauraha. According to local people the
situation was not such that the police had to open fire. 8 people got hit by
the bullets. Two died and the rest were injured. Majority of the injuries
are in the upper part of the body contrary to any norms of crowd dispersal
and management. Even if there was a huge crowd, which according to all the
people whom we spoke to was not there, police could have first used the tear
gas, then rubber bullets, fire in air, fire first on the legs.  Many people
named the constables Yashwant, Neeraj and Jitendra who fired
indiscriminately on innocent boys and others killing two and injuring 6.
 
Someone screamed at one of the constables who were firing indiscriminately
at people: Why are you shooting at innocent people?
 
The constable replied: State Ka Order Hai.
The injured when taken to the hospitals by the local community were
surrounded in one hospital by the Bandh supporters who did not let the
hospital treat any Muslim patient. There were also complaints about some
doctors giving out dated medicines and injections to the patients in a
government hospital. It reminded me of the VHP leaflet which was given to me
in 1994 by a senior politician. The leaflet had instructions for the doctors
in detail on similar lines. At that time we firmly believed that a doctor
cannot do it. But we have seen both in Gujarat and now in Indore that the
communal thought has seeped into some of the professionals even in this
noble profession. 

Mohd Rizwan, 22yrs, s/o Abdul Rahman died of a bullet injury. We met his
mother, grandmother and his uncle- Abdur Rehman. His mother and grandmother
were inconsolable. 
Zeeshan, 18 yrs also died. Zeeshan worked with Mohd Hanif Pyare Mian who has
an electric shop. Zeeshan was one of Pyare Mian's finest pupils and was very
hard working. A number of people who had crowded into Zeeshan's small house
echoed the same fact that the police firing was absolutely uncalled for. The
situation was not such that it could force the police to fire.
Gulam Ahmed Khan, one of the residents of Juna Risala responded to the
crises and carried many patients to the hospital on a motorcycle one by one.
He reached Rajshree hospital with a patient and before the doctors could
tend to the patient he was surrounded by about 20 Bajrang Dal members. They
shouted: No Muslim patient will be treated here. Swarup Gaur and Harsh Gaur
were among the crowd of attackers. They were armed with lathis and some with
even swords. Gulam Ahmed Khan thought for a moment that his end has come but
the uproar attracted local Marathi women, who came and fought with the
Bajrangis and rescued Gulam Ahmed Khan and the patient. They asked Gulam
Ahmed Khan to go to another hospital as they could not guarantee his safety.
 
Gulam rescued many patients and transported them to the nearby hospitals.
His kirana shop remained closed for over 20 days as he had no time to sit
there. 
 
Gulam narrated to us that people from different communities have lived
together in Juna Risala. They actively participate in each other's functions
and on daily basis to. The two communities have close ties and this is
something which is unacceptable to the Sangh outfits.
 
Gulam registered an FIR against the three constables who fired at people.
They have not been arrested nor suspended, though a SDM level enquiry has
been orderd.
 
State has filed an FIR against Gulam & others under sections 147/ 148/ 149/
307 and 353.
 
>From our experience of other states and the last 10 years trends we have
seen that places where people from various communities visit like the
dargahs, colonies where they live together in harmony are especially
targeted by the Sangh and now more and more supported by the local police as
was evident in Juna Risala. During the Gujarat carnage of 2002 hundreds of
dargahs were demolished including those of the famous urdu poet Wali
Gujarati and even Ustad Fayaz khan's mazar in Vadodara was vandalised. RSS's
latest attack is on Sufis and Sufism. They came out with a big article in
their mouth peace Organiser a few months ago attacking the whole Sufi
tradition. The Sangh's intentions are very clear; do not leave any space
where people can interact with each other. The segregation and ghettoisation
breeds fear against the 'other' and it becomes much easier to spread myths
and demonize a whole community.
 
Faiz is a young 17 year old boy with innocent eyes and a childish face. He
has science subjects and studies in 12th. The marks will decide his future.
With cut off percentages of colleges crossing all limits during the past few
years no student can afford to loose even a few days in the present time and
day. Fiaz has not attended school for over a month. Aijazul Hasan (age 44)
was shot at from close range. The bullet hit his stomach. The intestine has
been damaged. He already had two operations and will undergo another surgery
after a month. Aijazul who is an auto dealer has not been able to open his
shop for over a month.
 
Constable Yashwant shouted- Neeraj I will pull the trigger first. Neeraj
replied: No let Jitendra do it. His aim is very good.
 
His aim was an 18 year old young B Com final student of Christian Eminent
College. Salman Ahmed was returning after saying his prayers around 2.30pm.
He heard a commotion and when he looked back he saw 3-4 policemen come out
of chauthi paltan and fire. One bullet hit him.
 
According to the community members all the three constables have a history
of misbehaviour with the local residents as well as communal attitude.
 
Rafik (22yrs) s/o Alla Baksh was injured in firing. He was hit at the thigh
joint and had to undergo an operation.
 
Gulrez (19yrs) - an air condition repair worker got the bullet from the
back. He saw policemen in plain clothes firing. According to the locals they
even used private fire arms. They had hid themselves behind the bushes and
they bent on their knees and took aim at the people returning from the
mosque. 
 
Incidents were also related which were very encouraging. While the three
policemen mentioned earlier shot, killed and injured people there was
constable Avasthi who helped Gulam in taking the patients to the hospital on
his motorcycle. From the local neighbourhood a number of people from the
Hindu community helped and participated in the funeral of the young boys who
were killed. 
 
Haroon Bhai, the owner of Mayur Hospital, offered his free services to all
those, who were injured in the riot. According to local Human Rights
activist Vineet Tiwari, Haroon told them that total 27 injured were admitted
officially in Mayur Hospital, during that period.  Out of these 24 cases
were of gunshots. All 27 were Muslims. One person, who was the driver of Sub
Divisional Magistrate (SDM), felt uneasy and restless, so he was sent to the
hospital. He was on Glucose drip.
 
After July 3rd , 2008 incidents some areas, as already mentioned above, were
put under curfew After the large scale violence on July 4, 2008 the whole
city was put under curfew.
While the whole city including Narsinghbazar was under curfew, the mohalla
Chatripura literally next door was witnessing a religious procession. The
administration allowed a Rath Yatra of the Venkatesh Mandir. 3000 strong
procession was allowed to go through those very lanes and roads which had
witnessed mayhem a day before. Sumitra Mahajan, BJP MP from Indore and MLA
Mahendra Hardia participated in the procession. Sumitra Mahajan danced Garba
in front of the Rath in the lanes which were soaked in the blood of the
minority community.

Findings:
 
1.     The violence that took place in Indore on July 3 & 4, 2008 was pre
planned as part of the Sangh's larger agenda of reducing the minority
community as second class citizens and to break the economic backbone s well
as humiliate the community.
 
2.     The RSS played an active role in planning the simultaneous attacks in
various localities.
 
3.     The police provided cover to the Sangh attackers during the attacks
on the minority community.
 
4.     The police broke all norms of crowd dispersal and management by
opening fire on people in Juna Risala.
 
5.     The administration has played a biased role in not arresting the
culprits.
 
6.     The state apparatus is threatening those community leaders who have
stood up against the injustice by trying to put the charges on them that
they are associated with SIMI.
 
7.     Linking innocent people with SIMI is used as a weapon by the police
to frighten the minority community.
 
8.     Those police personnel who want to work objectively are under
tremendous pressure from the RSS and the BJP politicians.
 
9.     Relief in most cases has been given. The rehabilitation process in
under way. 
 
Recommendations:
 
1.     An immediate enquiry by the sitting Chief Justice of the High Court
into the incidents of July 3& 4, 2008 in Indore.
2.     Suspension of the police officers involved in firing in Juna Risala.
3.     Sensitisation workshops of the police personnel on issues surrounding
communalism, democracy, Indian constitution.
4.     Action against the local RSS head, MP and local MLA for masterminding
the violence. 
5.     Identify doctors who gave expired medicines and injections to the
Muslim patients and immediately start criminal proceedings against them.
6.     Rehabilitation package to include education of the dependent children
of the deceased.
 



 
 
 
 
 
 
 
 
 
 
 
 


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