[All whom we spoke to – both Hindus and Muslims – told us that Muslims were
hoisting the tricolour at Abdul Hamid Chowk when the ‘Tiranga Yatra’ by
ABVP, Sankalp Foundation and VHP arrived, and insisted the Muslims hoist
the saffron flag, and shouted inflammatory slogans including ‘Hindi Hindu
Hindustan, Katue Bhage Pakistan’. After this a scuffle ensued, and the
ABVP-VHP-Sankalp-Foundation rally dispersed in disorder, many of them
leaving behind their bikes which are now impounded by police and kept in
the police station. The ABVP rally began with firing of shots at Prabhu
Park – yet the police neither accompanied the rally nor ensured it
maintained its officially-sanctioned route. Instead the rally came and
attacked the Muslims’ Republic Day event which had official permission but
no protection!

The ABVP cadres then regrouped at Bilram Gate Chauraha, where BJP leaders
including the local MLA and BJP District President were present and
instigated them further. They then collected more arms and ammunition and
marched and rode towards kotwali via the Gali Niaryan. On the way they shot
Naushad in the thigh. They stopped at the tehsil, where Chandan is supposed
to have received the bullets that killed him.
...
POLICE BIAS – DIFFERENT STROKES FOR DIFFERENT FOLKS
There were numerous instances of caste and communal bias on part of the
police that the team documented. Many told us that youth were being
indiscriminately arrested by the police, and the religious and caste
identity of the youth determined which sections they would be booked under.
‘LRs’ (Loda Rajputs) and other upper caste Hindus would generally be booked
under Section 151 and released on bail; OBCs and Dalits would be booked
under Sections 147, 148, 149, 336, 436, 427, 34 IPC and Section 7 of the
UAPA; and Muslims would, in addition to the above sections, also have
Sections 307 (attempt to murder) and in some cases 302 (murder) booked
against them. When there is no evidence whatsoever of any pre-planned
murderous intent and organized violence on part of Muslims why are they
being booked for the murder of Chandan Gupta and attempted murder of
others? Akram lost an eye, Naushad got a bullet in his thigh, Chhotan
survived a murderous attack – yet no one has been booked on attempt to
murder charges for these attacks – why?]

http://aipf.online/2018/02/07/kasganj-not-a-clash-but-a-politically-motivated-communal-attack-on-minorities/

KASGANJ: NOT A ‘CLASH’ BUT A POLITICALLY MOTIVATED COMMUNAL ATTACK ON
MINORITIES

Fact Finding Reports Slider-1 by Om Prasad - February 7, 2018

ALL INDIA PEOPLE’S FORUM ( AIPF)
Contact: [email protected]

A LABOURER CHHOTAN INJURED BY MOB IN KASGANJ BATTLES DEATH IN ICU IN ALIGARH
INNOCENTS FROM BOTH COMMUNITIES IN JAIL WHILE RIOTERS ARE FREE
AIPF FACT-FINDING TEAM EVICTED BY POLICE FROM KASGANJ
(Press Note issued by AIPF on 7 February 7, 2018 at IWPC, Delhi)

A Fact-finding team of the AIPF comprising senior journalists and activists
John Dayal and Kiran Shaheen, activist Leena Dabiru, AIPWA Secretary Kavita
Krishnan, Kisan Mahasabha Vice-President Prem Singh Gehlawat (all of whom
are members of the Central Campaign Team of the AIPF) as well as student
activists from AISA, JNU – Vijay Kumar and Tabrez Ahmad.

The fact-finding began on 5 February but was interrupted on 6 February
around noon after police waylaid the team near the Kasganj District Jail,
accused it of violating Section 144, detained it in a Mahila Police Thana
for about an hour and then escorted it out of the district. After this, the
team also visited Aligarh and met Akram, who lost an eye in the mob attack,
and Chhotan, who lies unconscious since 28 January 2018 in JN Medical
College Hospital Aligarh.

The main findings of the team are summarized below.

A LABOURER BATTLES DEATH IN ALIGARH HOSPITAL

Medical papers of Chhotan showing how he has severe head injuries

Medical papers of Chhotan showing how he has severe head injuries
Chhotan, aged 45, left his home in Ganj Dundwara near Kasganj on the
afternoon of 28 January 2018 on his cycle to earn a living by setting up a
stall selling chicken. He had not been able to do so for the past two days
because of the disturbance, and he urgently needed to earn to feed his
family. He is the sole earning member in a household that includes his wife
Shehnaz, his own small son and daughter, as well as the three children of
his deceased brother. When he failed to return by nightfall, his wife
alerted neighbours who set out in a jeep to search for him. They found him
lying in bushes on the road side in Chittera – his assailants apparently
fled thinking the jeep was the police.

Chhotan has a grievous head injury and has been unconscious since then. He
is in the ICU of the JN Medical College Hospital, Aligarh. He has had to
have head surgery, and was on a ventilator. He is now off the ventilator
but is still in critical condition and unconscious.

An FIR has been filed in the case – but what efforts and progress have the
police made to find the perpetrators of this murderous attack on Chhotan –
a defenseless labourer who was not part of any procession or riot, and
whose only fault that he is a poor Muslim who needed to earn a living? What
has the District Administration and Government of Uttar Pradesh done to
compensate Chhotan and his family, for whom survival as well as medical
care has been dependent on charity since the sole earning member lies
unconscious and, even if he survives, is unlikely to be fit for work for
several months?

THE INCIDENT OF 26 JANUARY
All whom we spoke to – both Hindus and Muslims – told us that Muslims were
hoisting the tricolour at Abdul Hamid Chowk when the ‘Tiranga Yatra’ by
ABVP, Sankalp Foundation and VHP arrived, and insisted the Muslims hoist
the saffron flag, and shouted inflammatory slogans including ‘Hindi Hindu
Hindustan, Katue Bhage Pakistan’. After this a scuffle ensued, and the
ABVP-VHP-Sankalp-Foundation rally dispersed in disorder, many of them
leaving behind their bikes which are now impounded by police and kept in
the police station. The ABVP rally began with firing of shots at Prabhu
Park – yet the police neither accompanied the rally nor ensured it
maintained its officially-sanctioned route. Instead the rally came and
attacked the Muslims’ Republic Day event which had official permission but
no protection!

The ABVP cadres then regrouped at Bilram Gate Chauraha, where BJP leaders
including the local MLA and BJP District President were present and
instigated them further. They then collected more arms and ammunition and
marched and rode towards kotwali via the Gali Niaryan. On the way they shot
Naushad in the thigh. They stopped at the tehsil, where Chandan is supposed
to have received the bullets that killed him.

POLICE BIAS – DIFFERENT STROKES FOR DIFFERENT FOLKS
There were numerous instances of caste and communal bias on part of the
police that the team documented. Many told us that youth were being
indiscriminately arrested by the police, and the religious and caste
identity of the youth determined which sections they would be booked under.
‘LRs’ (Loda Rajputs) and other upper caste Hindus would generally be booked
under Section 151 and released on bail; OBCs and Dalits would be booked
under Sections 147, 148, 149, 336, 436, 427, 34 IPC and Section 7 of the
UAPA; and Muslims would, in addition to the above sections, also have
Sections 307 (attempt to murder) and in some cases 302 (murder) booked
against them. When there is no evidence whatsoever of any pre-planned
murderous intent and organized violence on part of Muslims why are they
being booked for the murder of Chandan Gupta and attempted murder of
others? Akram lost an eye, Naushad got a bullet in his thigh, Chhotan
survived a murderous attack – yet no one has been booked on attempt to
murder charges for these attacks – why?


List of 30 shopts etc damaged in the violence. There are reportedly 15
more, all belonging to Muslims.
The team was given a partial list of 30 properties (shops, homes, mosques)
that were subjected to arson, vandalism, and loot; there are reportedly at
least 15 more. We were told that in most of these cases, the police is
refusing to file FIRs. The district administration is however doing a
survey of what shops have suffered damage – for the purpose of
compensation. The question is, if the district administration is admitting
damage by doing a survey, why is it blocking efforts to file FIRs in most
of these cases?



Note that Hindus and Muslims alike told us that NOT A SINGLE HINDU SHOP OR
TEMPLE was subjected to any arson or any violence whatsoever. Clearly the
communal violence – against persons on the basis of their faith identity
alone – was completely one-sided against Muslims. Chandan’s killing –
heinous as it is – has to do with his presence as a member of an armed
communal political mob and not because he was a Hindu. Any reports of
Muslims firing or pelting stones was in retaliation to violence by the
RSS-VHP-ABVP mob, and such retaliation was not by Muslims alone: for
instance, parents of both communities reportedly pelted stones at the
violent and armed saffron mob to defend their children whom they had come
to collect from the GGIC school.

We could not meet anyone who actually saw any Muslim armed with a gun; even
those who assumed that Chandan was shot dead by Muslims in the tehsil area,
did not say they had seen any Muslim with a gun, whereas they all testified
to seeing the Sangh political mob armed with guns when they arrived at the
tehsil area.


Dainik Jagran story dt 6 Feb about mosque door burnt on 5 Feb morning



A mosque damaged by arson


At least 3 mosques have been burned. On the morning of 5 February also, a
mosque at Ganj Dundwara was burnt down – the incident is reported in local
papers of 6 February 2018. We were told that Hindus and Muslims together
had joined hands to protect the mosque from further damage by the communal
assailants.

POLICE BIAS- AND A HEART-WARMING FRIENDSHIP
One of the most startling cases of police bias was that of two friends
Khalid and Pradeep, both from Badayun. Their advocate Hasin Ahmad told us
that Khalid (son of Munnan Khan) and Pradeep (son of Chaturi), both from
Shahbazpur, thana Sahawasan, district Badayun, were riding through Kasganj
on a scooter, going to see Khalid’s grandmother at Bilram Kasba. They were
stopped by the police. Khalid (FIR number 59/2018) was booked under
sections 307, as well as 147, 148, 149, 336, 436, 427, 34 IPC and Section 7
of the UAPA; while Pradeep was booked under 151 CrPC only and offered to be
released on bail. Pradeep, however, refused to accept the release and opted
to go to jail with his friend Khalid.

INNOCENTS JAILED
The team visited the Kasganj District Jail, where the jailer and district
administration refused either to let the team meet prisoners or even to
speak to the team themselves. But the team met family members who were
waiting outside to meet relatives who had been booked for rioting and
jailed. All of them said that the jail administration was making it very
hard for people to meet their relatives in jail – they would wait hours
before being told that they would not be allowed to meet their relative.
They all wanted the jail administration to issue passes till a given time
in the morning, so that there was transparency about the norms and timings
for meeting prisoners.

We met several Hindu and Muslim families whose relatives appear to have
been jailed in spite of being completely innocent and uninvolved in the
violence.


FIR by SHO Ripudaman Singh that names Anuj Tomar and Raj – both seemingly
innocent – as accused.

FIR by SHO Ripudaman Singh that names Anuj Tomar and Raj – both seemingly
innocent – as accused.

FIR by SHO Ripudaman Singh that names Anuj Tomar and Raj – both seemingly
innocent – as accused.
Alok Tomar told us that his brother Anuj Tomar was picked up from near his
home in Canara Bank lane, Luvkush Nagar, Kasganj, in the afternoon of 27
January 2018, when he had stepped out to buy medicine for their ailing
father. Anuj had spent the holiday morning of 26 January sleeping, and had
been warned by friends and his boss not to venture outside because of the
trouble. He had stepped out on 27 January to the medical store nearby to
buy medicine which had run out, when he was told by cops stationed there
that all shops were closed so he should return. As he turned back, some
police cars drove up and picked him up. He was taken away without informing
his family. The FIR where the SHO Ripudaman Singh is the complainant,
claims that Anuj was identified and arrested on 27 January at 11.40 am
where he along with a mob had indulged in arson and vandalism of a
furniture shop at Amapur Adda.

Rajvir Singh Yadav told us with tears in his eyes that his son Raj is a
compounder at Dr Naveen Gaur’s clinic. On 27 January he and another
compounder there were closing the shutters of the clinic after being warned
that it would not be safe to keep it open, when the police came and
arrested both. But Raj’s colleague who belongs to the Loda Rajpur (LR)
caste – the same caste to which the sitting BJP MP Rajbir Singh and the VHP
State President Pramod Jaju belong – was booked under Section 151 and
released on bail, while Raj was booked under Sections 147, 148, 149, 336,
436, 427, 34 IPC and Section 7 of the UAPA. The same FIR by SHO Ripudaman
Singh claims that Raj was identified and arrested at noon at Ghantaghar
where he along with a mob had been involved in arson and vandalism at a
shoe shop. Rajvir Singh points out that while the FIR claims Raj was
‘identified’, it does not mention his father’s name or full address, simply
saying ‘Raj, Paisoi, Soron, Kanshiram Nagar).


Firon father of Imran Khan, in tears
Firoz wept inconsolably as he told us that his son Imran Khan, who runs a
meat shop and hotel at Bilram Gate, was picked up by police on the street.
Firoz is a labourer in Gujarat, and has rushed home because of this
calamity. Firoz says Imran neither participated in the flag hoisting event
at Abdul Hamid Chowk nor in any violence whatsoever.

WHO RODE THE ABANDONED BIKES?

Rajvir father of Raj, who says:
“Why has the police not yet arrested even one of the ABVP-VHP men who own
those impounded motorbikes? Those men were surely part of the violent mob
who have destroyed our Kasganj and its peace, and if these men are caught
they can identify their other companions also. Instead, the police is just
picking up innocents.”
Rajvir Singh, son of Raj who is in jail, had this to say when we asked him
who the real culprits were: “The ABVP-Sankalp men rode motorbikes in the
‘Tiranga Yatra’ and came and demanded that the Muslims hoisting the
tricolour at Abdul Hamid Chowk must also hoist the saffron flag. The
Muslims refused and there was a clash, in which the ABVP mob (which at that
point did not have guns) was forced to beat a retreat: several of whom
abandoned dozens of motorbikes (reportedly around 60) which are now at the
police station. The same people later met BJP leaders and regrouped, armed
themselves with guns and sticks, and rode to the tehsil where Chandan’s
body was found. Why has the police not yet arrested even one of the men who
own those abandoned motorbikes? Those men were surely part of the violent
mob who have destroyed our Kasganj and its peace, and if these men are
caught they can identify their other companions also. Instead, the police
is just picking up innocents.”



The team has photographs of number plates of around 50 of those motorbikes
that are now lying at the police station. We concur with Rajvir: locating
the owners of those bikes is key to identifying the real perpetrators of
the trouble at Kasganj. Some photos are attached in this post.



OTHER INNOCENTS
Two young sisters Mahiru and Mehak told us that their father, 65-year-old
Nasiruddin ‘Chawal vale’ was at his rice shop when he was picked up by the
police on 28 January 2018. Their 16-year-old brother who had been having a
bath, was made to dress and was also taken away on the pretext of
questioning. Both have been booked under Sections 302 and 307 among others,
and jailed. It appears that the 16-year-old has also been kept in the adult
jail in violation of the JJ Act, since we noted at the District Jail that
the enclosure for Juveniles was locked and reportedly had no occupants.
Their mother has been paralysed for the past 4 months and since the arrest,
has been unconscious.

One rickshaw puller Shamshad has also reportedly been falsely accused –
eyewitnesses aver that if the CCTV cameras outside St Joseph’s School for
26 January are checked, he can be seen dropping kids off at the school for
the Republic Day celebrations.

One youth – tempo driver Mohsin – picked up from a mosque was reportedly
beaten up by some prisoners in the jail.

All the above claims demand verification and follow-up enquiries – best
done by a judicial enquiry.

WHO KILLED CHANDAN GUPTA?
Many questions surround the death of Chandan Gupta.

Many told us that no blood was found at the actual spot where Chandan’s
body was reportedly found, near the tehsil

Eyewitnesses said that on 26 January, the ABVP-Sankalp mob rode up to the
tehsil on their bikes, wielding guns and other weapons, and shouting
communal slogans. They did not proceed past the tehsil.

There is a girls’ school – the GGIC school – opposite the main accused
Salim’s house, where parents of both communities had gathered to collect
their daughters. The parents of both communities, seeing the ABVP mob
firing shots, had feared for their children’s safety and had pelted stones
at the mob, forcing it to retreat.

Salim and two of his brothers, owners of the Barki Cloth Shop are accused
of Chandan Gupta murder – only Salim has yet been arrested. But many
questions surround this allegation also.

Police claim that the bullets that killed Chandan were fired from Salim’s
balcony or rooftop – but the distance from Salim’s house and the spot where
Chandan’s body was found makes that difficult to believe. Moreover, the
manner in which the bullets reportedly entered Chandan’s body also make it
unlikely that the bullets were fired from a rooftop so far away.

We were told that police – in the presence of journalists – picked up and
brandished something in Salim’s house claiming it was a ‘US made gun’ that
was used to shoot Chandan. Later, also in the presence of journalists, the
‘gun’ turned out to be a toy lighter. Two licenced guns belonging to Salim
were also taken from his house, but the bullets found in Chandan reportedly
may not match these guns, which are 12-bore guns. The police since then has
reportedly claimed that Chandan was killed with a Desi Charra/Katta (local
gun): such a gun would lack the power to shoot such a distance, and the
question also is why a man who owned two licenced guns would choose to use
a less powerful desi katta instead.

There are photos of Salim at the Republic Day celebration at a Ch. Mehdi
Hasan School on Mulka Road. He was reportedly far away from the scene of
the confrontation at the tehsil near his home. His brother Waseem, also
accused, is reportedly away for the past one and a half months on a
‘jamaat’ (religious journey) with a group of others and was in Aurangabad,
Maharashtra on 26 January.

Many alleged that Salim, Naseem and Waseem are falsely being implicated in
the killing of Chandan Gupta because of business rivalry – their shop Barki
Cloth Shop is very successful.

While all concerned said that Chandan must get justice and his killers must
be punished, they also pointed out that Chandan has a criminal history. He
was reportedly released on bail just a few weeks before his death – he was
jailed on the allegation that he participated in the burning of his
sister-in-law for dowry. He is known to be an ABVP-Sankalp cadre, but the
claim about his having been in jail needs verification. Our team was unable
to do so because police officers refused to speak to us or answer any
questions and prevented us from visiting Chandan’s family and neighbourhood
to pursue enquiries.

AKRAM – HELPED BY HINDUS, LOST AN EYE TO SAFFRON MOBSTERS

Akram whose right eye has been irreparably damaged by the communal mob.

Akram’s car with smashed windscreen

Akram’s car smashed on all sides
The team met Akram Siddiqui at his in-laws’ home at Aligarh, where his wife
delivered a baby girl after he was attacked on 26 January.

Akram told us that he was on his way from Lakhimpur Kheri to Aligarh with a
young domestic worker in his car, driving down to be in time for his wife’s
delivery. When he entered Kasganj, he stopped at a tea shop: it was Friday
and he needed to read namaaz at 6.45 pm. The tea-shop owner, clearly a
Hindu because his shop displayed a big photo of Shankar, welcomed Akram
into the inner room of the shop and asked him to read namaaz there as he
prepared tea. Later, he told Akram that there had been some disturbance in
the town. Asked about the nature of the disturbance, he said it was a
‘Hindu-Muslim riot’, and both men exchanged smile at the irony that Akram,
a Muslim, had just read Namaaz in a devout Hindu’s shop while some others
indulged in motivated communal violence. Akram drove on, and near Nadri
Gate he saw a police barricade and a crowd, and slowed down, assuming the
police had stopped traffic. He opened the window and asked a man on the
street if he was on the right road for Aligarh. Seeing his beard and
clothes and realizing he was Muslim, the man (a Hindu) told him ‘There are
rioters ahead, turn back quickly.’ So, Akram had evidence of the goodwill
of conscientious and secular Hindus on the same day that he lost an eye to
a politically motivated communal mob.

Before Akram could turn the car, the mob was upon him, saying they would
kill him to avenge ‘two Hindus’ whom they said had been killed by Muslims.
Akram pleaded in vain that he was just a traveler in the area, on his way
for his wife’s delivery. The mob beat his eye with the butt of a gun,
smashing it. At some point, some members of the mob said ‘Enough’ and the
violence stopped.

The police stationed at the barricade watched all this without lifting a
finger to disperse the mob, arrest the attackers or save Akram. When Akram
went to the police and said ‘Please help me’, one policeman said ‘No help
for you today.’ But some senior officer then came up and directed his men
to take Akram to the hospital. Akram refused to abandon his car, and so
drove to the hospital himself. After receiving first aid, he drove back to
Aligarh with just one eye functional – a courageous feat.

Akram said he was grateful to the almighty that he had one eye left to see
his newborn daughter the next day. He said he only felt hurt at one thing,
“I’m an Indian, why has not a single person from the district
administration of Kasganj, Aligarh or Lakhimpur-Kheri visited me or
enquired after my welfare?”

OUR DEMANDS
A judicial enquiry is urgently needed, along with judicial monitoring of
the investigation. If not, it is clear that the main perpetrators are going
to be let off, since most of the FIRs involving violence against minorities
are unnamed.

Arrests of people the police know well to be innocent is a hindrance to
justice. Such people against whom there is no credible evidence must be
released and cases against them withdrawn.

The families of those injured must be compensated immediately, and
perpetrators of the violence identified and arrested

The owners of the bikes abandoned at Abdul Hamid Chowk on 26 January, as
well as those ABVP-Sankalp men visible brandishing weapons in video footage
of the tehsil must be arrested without delay. Leaders of these
organizations must be arrested and booked for masterminding the violence.
BJP leaders including the MP of Kasganj who made inflammatory speeches must
also be arrested and booked without delay.

A team of juvenile justice board members as well as social activists and
lawyers must be allowed to meet all those jailed without delay, so that it
can be verified whether any juvenile is in the adult jail; and whether any
prisoner has been attacked by any other prisoner.

All the people we spoke to told us that Kasganj has been remarkably
peaceful and free of communal violence – even in 1992 after the Babri
Masjid demolition, there were only two instances of violence. Kasganj has
one of the best nursing colleges in the region. It is very clear that the
RSS and BJP chose 26 January – India’s Republic Day – to assert the saffron
flag as India’s national flag and thus foment violence by seeking to brand
Muslims as “Pakistani” for refusing to hoist the saffron flag. This is a
very deliberate attack on the Republic and the Indian Constitution, and an
attempt to divide Kasganj and divide India too. The team stresses that
while the situation in Kasganj is still tense and the minorities still
extremely fearful, there have still been many instances of Hindus
protecting Muslims in Kasganj. The situation in Kasganj can be normalized
only if the perpetrators from the ABVP and Sankalp are arrested, and
concerted efforts made to allow Hindus and Muslims to interact with each
other peacefully, healing the wounds left by the violence.
-- 
Peace Is Doable

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