*Car driver Fakhrul Islam ‘got killed by Assam police’ for speeding*

*Waliullah Ahmed Laskar*

The local police in Hailakandi district of Indian state Assam, has beaten to
death a driver because he refused to stop his vehicle when ordered by the
police. The police officers, led by the District Superintendent of Police,
Mr. Maheshchand Sharma, chased the victim, Mr. Fakhrul Islam Mazumder, in
their vehicle for a while before apprehending him. When Fakhrul stopped his
vehicle, the police pulled him out, assaulted him with rifle butts and
sticks until he was unable to move and threw him into a nearby lake. It is
not known whether Fakhrul died of drowning or from the assault. The entire
incident happened in full public view.

*The Incident*

According to the report of Barak Human Rights Protection Committee (BHRPC),
the incident happened on 13 September at about 8 pm on National Highway 154
near Bakrihaor.

The deceased, Fakhrul, aged about 26 years, son of Muzammil Ai Mazumder of
Ward number 11, Hailakandi Town, Assam was coming from Silchar to Hailakandi
driving a car with vehicle identification number AS-11C-9494 along National
Highway 154. When he reached Bakrihaor, he was signalled to stop his car to
give way for a convoy of police vehicles in which Mr. Maheshchand Sharma,
the District Superintendent of Police was travelling.

*After the Encounter*

The police vehicles were coming from the opposite direction in which the
victim was travelling. It is common in India for the police to stop vehicles
on the street for the police to travel at high speeds without traffic
blocks, even if it is not an emergency. Drivers usually comply fearing
abuse, assault and fabricated traffic offences charged upon them. However,
Fakhrul refused to stop his car and drove past the police vehicle convoy, an
act that apparently infuriated the police officers.

It is reported that the police officers chased Fakhrul's car for a short
distance and soon intercepted his vehicle. According to eyewitnesses, Mr.
Akram Uddin Laskar, Mr. Selim Uddin, and Mr. Bahar Uddin and many other
people from the locality, the police then forced Fakhrul to come out of the
car. When he came out of the vehicle, the police started beating Fakhrul
severely with rifle butts and sticks. Five to six police officers took turns
to assault Fakhrul. When they stopped for a minute, Fakhrul gathering
strength, tried to run away.
The officers chased Fakhrul on foot for a short distance and stopped him
again and continued assaulting him. This time, however, they did not stop
until they threw Fakhrul into the Bakrihaor Lake, which is by the roadside.
The officers then left the scene. The incident caused traffic jam for a
while. No one dared to intervene in the police action however, as they were
afraid of the police.

*In the Aftermath*

Fakhrul's body did not surface till 1 pm the next day. A large crowd
gathered around the lake till the body was brought out from the water. Those
gathered include Mr. Rahul Roy, Member of Assam State Legislative Assembly
(MLA) from Algapur constituency, Mr. Selim Uddin, MLA and Mr. Shahidul Alom
Choudhury, a former minister of the Assam state government.

The crowd soon started shouting slogans against the police and temporarily
prevented the police from taking the body for autopsy. Fearing violence, the
political leaders present at the scene guaranteed that they would ensure
stern actions taken against the police officers responsible for the crime.
They also guaranteed that the entire autopsy would be video recorded.

On 15 September, the Progressive Students' and Youth Front and the District
Drivers' Association called for a general strike in protest of the murder.
In response, the district administration ordered a magisterial inquiry into
the incident and ordered the Superintendent of Police to be on leave and
stay away from office temporarily. In follow-up, a complaint was lodged at
the Hailakandi Police Station against the police officer, with an
expectation that a criminal case will be registered and an investigation
undertaken.

However upon enquiry, it is learned that the police is trying to influence
the investigation to absolve from their responsibility in committing the
crime. It is also feared that the witnesses will be threatened by the
police, and under intimidation, they would not depose in the inquiry.

*Communal twist*

The minority Muslim community dominates Hailakandi district, where the
incident took place. The public protest that followed after the recovery of
the victim's body demanded an investigation and stern actions against the
police officers involved in the incident. Registering a case and conducting
an investigation is a primary requisite under the Indian law in every case
of unnatural death.

However, fundamentalist Hindu political parties like the Hindu Jagaran Manch
(HJM) with support from the Baratiya Janatha Party (BJP) and its militant
wing the Rashtirya Swayamsevak Sangh (RSS) have brought in an unnecessary
religious twist into the incident by coming out in support for their 'Hindu
brother', none other than the perpetrator police officer, Mr. Maheshchand
Sharma, offering him the support of the three political parties. According
to them, the public anger is nothing more than an unnecessary rant against a
Hindu police officer by the Muslims. This has divided the community along
religious fault lines.

The HJM is accused of having masterminded the Malegaon bomb blasts of
September 2006. 37 persons were killed and an estimated 148 persons injured
in that incident.

The fact that a driver was murdered in open by the police officers and that
the case must be investigated and the perpetrators punished no more appear
to the issue that dominates the debate in Assam concerning the crime. The
discussions on the question of murder by uniformed officers have fallen prey
to the political trick played by the HJM, BJP and the RSS, where the
question of murder is sidelined, and instead, the questions of religious
affinities have sprang up. This is the very purpose of the public support
orchestrated in favour of the accused police officer by these political
parties.

By stirring up religious sentiments, for and against the officer, it is
believed that the investigation of the case will be delayed or never
completed. Already the District Magistrate has issued a prohibitory order
under Section 144 of the Criminal Procedure Code, 1973, disallowing the
public from gathering for any reason without the prior permission of the
authorities and the police.

*Efforts for Justice*

The BHRPC documented the case and wrote to the authorities in India asking
for a prompt investigation into the incident leading to speedy trial of
those found culpable. It also sent report to some national and international
human rights organisations including Hongkong based Asian Human Rights
Commission (AHRC), which condemned the ‘killing of car driver Fakhrul Islam
by Assam police for speeding’, and written to UN Special Rapporteur on
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
seeking an intervention in the case.


--
Posted By A little bit different. to
RightSpeaks<http://rightspeaks.blogspot.com/2011/01/car-driver-fakhrul-islam-got-killed-by.html>at
1/24/2011 09:55:00 AM



-- 
W A Laskar
Freelance Reporter and Human Rights Defender
with Barak Human Rights Protection Committee <http://bhrpc.wordpress.com/>,
http://bhrpc.wordpress.com
15, Panjabari Road, Darandha, Six Mile,
Guwahati-781037, Assam, India
Cell: +919401942234
Visit my blog <http://www.rightspeaks.blogspot.com> at
www.rightspeaks.blogspot.com
Skype: rights.defender

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