CAA-NRC Protests: In Bahraich, Police Names Some Who Were Not in Country

New Delhi: In their zeal to book people left, right and centre, the Uttar Police has allegedly named some persons who were overseas, accusing them of indulging in violence during the December 20 protests against the controversial Citizenship (Amendment) Act, 2019 or CAA and the proposed National Register of Indian Citizens (NRIC).

This came to light after six first information reports (FIRs) were lodged against 80 named and 2,200 unidentified perosns under stringent sections of the Indian Penal Code (IPC) in Bahraich district. So far, around 50 accused have been arrested and raids are going on to nab the rest.

Qazipura resident Mohammad Suleman Khan and Baba Hauzri, who lives in Meera Khelpura, figure in FIR number 0451, filed by Sub Inspector Arvind Kumar, at police station named Kotwali Nagar on December 20 at 9:39 p.m along with 25 identified and 250 unidentified people, as per the copy of the FIR seen by Newsclick.

All these persons have been booked under Sections 147 (rioting), 149 (unlawful assembly), 188 (disobedience to order duly promulgated by public servant), 504 (intentional insult with intent to provoke breach of peace), 506 (criminal intimidation), 332 (causing hurt to deter public servant from his duty), 353 (assault or criminal force to deter public servant from discharge of his duty), 341 (wrongful restraint) and 307 (attempt to murder) and Section 7 of the Criminal Law (Amendment) Act, 1932.  

However, the documents accessed by Newsclick suggest that the two were not present in the country from December 2-27. Both of them said they had gone to Saudi Arabia for Islamic pilgrimage of Umrah. Both— according to immigration stamps on their passports — departed India on December 2 from Chaudhary Charan Singh Airport in Lucknow and arrived on December 28 at the same airport.

Now the question arises: how can a person who was not even in the country physically participate in the incident?

When Newsclick contacted the police, they said though the duo had been named in the FIR, no coercive action was being taken against them. 

“The person, Suleman, against whom an FIR has been registered, is not the same person who is said to have gone for Hajj (not Hajj, but Umrah). We have already given a clarification in the media. It’s not necessary that the district has only one person called Suleman. There must be another person with the same name. You can see in the FIR that his father’s name is not mentioned. In addition, no coercive action is being taken against the two,” Bahraich Superintendent of Police, Gaurav Grover, told Newsclick over phone.  He added: “A Special Investigation Team (SIT) led by an Additional SP has been probing the entire incident. Those who are being seen in video footage are being taken into custody.”

However, in the FIR, except the first five accused, the father’s name of the rest (22) named as accused has not been mentioned. Notably, the address mentioned against Suleman’s name is said to be his shop’s address. He runs a wholesale shop of cosmetics at Bisatkhana under Kotwali Nagar police station.

“There is no other Suleman in entire Bisatkhana, except the one who has a shop there. And he is the same person who has been named in the FIR,” Salim Siddiqui, a local journalist, told Newsclick.

Suleman himself confirmed that he was the same person against whom the FIR had been registered. 

“I had gone to Saudi Arabia from Lucknow. I have all the documents to support my claims. It appears that someone has misguided the police to drag me in the case. I urge the CO (circle officer) and the SP to remove my name from the FIR. Several others who are innocent have also been named and they are being arrested or raids are going on to take them into custody. Therefore, I appeal to the officer not to frame innocents,” said Suleman.

A similar claim was made by Baba Hauzri. He said he had also urged the police administration to remove his name from the FIR as he was also not in the country on December 20, when the violence took place.

The agitation against the contentious legislation had allegedly turned violent after the police did not allow the protestors to reach Ganta Ghar in the middle of Bahraich town.

“The protestors wanted to assemble at Ghanta Ghar but were stopped by the police at different locations. This agitated the demonstrators that resulted into stone-pelting and followed in police action. Several protestors as well as policemen suffered injuries,” said the journalist.

Protests in several districts of Uttar Pradesh witnessed clashes with the police. Following the protests, the police allegedly launched a brutal crackdown. Several purported video clips later emerged, which are showing police excesses. Several clips confirm the allegation of use of brute force by the police to disperse protestors and during raids. Some videos also show civilians, along with police officials, throwing stones at protestors.

Several reports confirm that police barged into hundreds of houses across the state, vandalising everything they found there.  The allegation that “innocent” people, majority of them from the minority community, have been arrested across the state is gaining ground with each passing day. Many protesters have also been issued legal notices for recovery of the cost of property damaged during the violence. In many cases, these people who received notices are poor who work out of their skin to earn their livelihood.

Meanwhile, Additional Chief Secretary Awanish Awasthi said the government had decided to review the cases and whosoever was found innocent would be released.

The government had earlier set up a SIT at district levels, under supervision of additional SPs, which was supposed to ensure that people are arrested only after verifying evidence regarding their involvement in the violence.

At least 19 people, including an eight-year-old boy, lost their lives during clashes across the state. A total of 5,400 people have been taken into custody till now and around 705 have been sent to jail.