Date: 28th December, 2019
On 23rd December, 2019, a five member fact finding team under the aegis of Human Rights Law Network and CAA_NRC Legal Support Team visited the city of Aurangabad, Bihar to investigate the events which culminated into a full-blown police brutality against residents of the city in the aftermath of the December 21, 2019 protests against the Citizenship (Amendment) Act, 2019 [hereinafter ‘CAA’] and the National Register of Citizens [hereinafter ‘NRC’).
On 26th and 27th December 2019, another fact finding team comprising of 14 members from the various organizations including – Aman Biradari, Bihar Mahila Samaj, National Alliance of People’s Movement and Women Against Sexual Violence & State Repression and CAA_NRC Legal Support Team visited Phulwari Sharif near Patna along with local activists. They investigated the violence that was unleashed during the bandh called on 21stDecember2019 against CAA and NRC.
The reports of the aforesaid fact finding teams are based on the testimonies recorded of the victims, locals, local journalists, intellectuals, institutions, police and district administrations and also the electronic evidences collected in forms of photographs and videos pertaining to the incidents.
Aurangabad Fact Finding
The Rashtriya Janta Dal, a political party, had called for a state wide bandh opposing the newly enacted CAA and proposed NRC, which saw demonstrations and protests in various parts of the state, including Aurangabad. The protest which was peaceful till half past noon suddenly turned violent after some local leaders and miscreants allegedly affiliated to right wing indulged into a heated argument with the group of the protesters. Soon thereafter, stones were designedly pelted on the protestors near Jama Masjid, by few persons who were neither part of the protest nor local residents, with the intent to both delegitimize the protests which had protestors from all religious communities as also to communalize the issue, that is, to make it primarily a ‘Hindu versus Muslim’ issue. To which the protesting group also retaliated by resorting to pelting of stones. The local administration and the police did intervene. However, subsequently, and under the garb of maintaining public order, the police unleashed exceptional brutality on the residents of five colonies being Qureshi Mohallah, Shahganj, Islam Toli, Pathan Toli and Ansar Bagh.
No sooner did the police disperse the two hostile groups, they organized themselves in teams and headed to five above named colonies. Aman, (name changed) a victim and local resident, deposed “the police team, barged into the residences, damaged private vehicles, ransacked homes (includes firing of teargas shells inside homes), assaulted men, women and children inside their homes. They also looted them of their money and jewellery, damaged/broke appliances, furniture, utensils, grills, hand-pumps and many other household articles.” The same finds prima facie corroboration with the materials and evidences gathered by the fact finding team.
Several men, women, children and old persons alike, sustained injuries on their persons. In fact, hairs of a few women were also severed when the police dragged them by their hairs. It is noteworthy that no women police personnel formed part of these illegal raids and such atrocities on women, were inflicted by male police personnel. It is noteworthy that more than 12 persons sustained injuries, condition of 4 is critical having sustained multiple fractures and other external injuries. Also, till 23.12.2019, total 39 persons had already been arrested which included 3 females and 3 minors.
In sum and substance, the police unleashed exceptional brutality and terror with impunity in Muslim neighbourhoods. It has also come through the testimony of Sahil (name changed), a victim and eye witness “Even the senior police and administrative officers were involved in pelting of stones inside homes.” In one of the videos collected by the team, the District Magistrate, Aurangabad could be seen holding stones in his hand.
Daily life of the residents in the aforementioned five localities is badly affected. An uneasy calm prevails in these neighbourhoods. Several residents proclaimed that the State Government, District Administration and local police unleashed terror in unity only to remind them that they were lesser beings. An FIR was also registered by the local administration against 84 named accused persons and 100-150 unknown. The impunity in the action of the district administration is further reflected from the fact that FIR was registered for the offences punishable under several penal provisions of the IPC, Explosive Substances Act, and Arms Act on the basis of manufactured accusations.
It is noteworthy that the trio as aforesaid, have done all possible to crush voices of dissent and the fundamental right to peacefully protest as enshrined under the constitution.
The Report of the Fact Finding Committee shall be forwarded to the Police Department, Human Rights Commission, Minorities Commission and National Commission for Women and Child Welfare Committee demanding registration of FIR against the concerned police and district administrative officers and institution of an Inquiry Commission to examine the unauthorized, unjustified and excessive use of force and wanton acts of destruction by the Aurangabad Police and District Administration.
Phulwari Sharif Fact Finding
Multiple incidences of violence happened in various parts of Phulwari Sharif. The police was not able to de-escalate the tension. The right-wing forces were involved in this pre-meditated and well organized violence.
On 21st December, 2019, protestors assembled near Tumtum Padav which is a central location in Phulwari Sharif. Larger gathering was at Thana Chowk where the maximum police force was deployed. A smaller group which was at Tumtum Padav attempted to move forward on the main road towards Sangat Muhallah. In the meanwhile, stone pelting started from the rooftops of different buildings in Sangat Muhallah to which the group of the protestors also retaliated by resorting to stone pelting. In the meanwhile, dozens of gun shots were also fired from the side of Sangat Muhallah. At around 12:30 pm, a man was apprehended by a group of right wing associates and was inflicted a dagger blow. Allegedly, Hanuman Idol was also damaged.
As per the testimonies recorded of the injured victims, in total 7 protesters sustained gunshot injuries which was allegedly fired by the residents of Sangat Mohollah who have alleged links with the right-wing groups. The same finds corroboration from the testimony of the S.H.O., Phulwari Sharif. In the violence, 2 constables were also injured who were then admitted to AIIMS Hospital. Two of aforesaid protestors are critically injured. Around 12:30 P.M. only, one Amir Hanzala, an eighteen year old boy, a local resident also went missing from the place of occurrence.
Around 01:00 P.M., a single woman who is resident of Phulwari Sharif along with her family faced mob violence at her house by the right wing forces. In her testimony she said “Though she was not part of the protest or the bandh, a mob of around 100 people started pelting stones inside her residence injuring her and the family members. Her younger niece had her hand almost mutilated. She did not get any help from the local Ward Counselor or the police personnel present there. Ultimately, her family was rescued by her acquaintances. Her home was completely ransacked by the mob.”
By around 03.00 P.M., the police authorities had taken control of the situation and the miscreants and the protestors were dispersed from the place of occurrence. But to the utter surprise of everyone, at around 04.30 P.M., allegedly a group of miscreants (mostly from the age group of 15-22) entered the Haroon Colony waving pistols and hurling abuses. Further, they even resorted to stone pelting and assaulting a couple of aged person of the locality. Though a police gypsy was stationed there, none intervened. The SSP of Patna, Ms. Garima Mallik soon visited the place of occurrence and dispersed the residents with assurance of safety.
Police had itself registered an FIR 1093/2019 dated 21.12.2019 against 101 named and 1000 unnamed accused persons. The FIR has been registered for the offences punishable u/s 307 and other allied provisions of IPC and 27 of Arms Act. Till date, total 49 persons have been arrested. Admittedly, the police didn’t conduct MLCs of those who were arrested.
Also, an FIR bearing FIR No. 1094/2019 was registered on 21st December 2019 in the case pertaining to disappearance of Amir Hanzala. From what has transpired in the discussions with the police personnel, journalists and other witnesses, there is serious apprehension regarding his safety. However, it is prima facie clear that the police, for strange reasons, have not taken adequate emergent measures to trace/recover the missing boy. The aggrieved father of the boy has been failingly visiting the police station for over a week, where from he is yet to get any valuable input/information.
From the aforesaid, it could be easily averted that the police and the local administration was poorly prepared to deal with the pre-planned and well organized violence by the right-wing forces. From the inputs gathered by the fact finding team, it has also come out that the local administration and police had even received prior tip offs regarding the aforesaid incidents. It is strange that yet, no preventive/corrective steps were taken to remedy the situation.
Demands
- We demand independent judicial inquiry into the incidences of police brutality in Aurangabad. We also demand immediate transfer and suspension (in contemplation of departmental proceeding) of all the erring officers specially the District Magistrate, Aurangabad, Superintendent of Police, Aurangabad and others involved in the misadventure.
- We demand independent judicial inquiry into the actions of police and intelligence agencies with regard to Phulwari Sharif violence. This violence could have been prevented if the intelligence agency and police acted promptly on the intelligence input regarding preparation to commit mischief and disturb communal harmony.
- We demand with emphasis immediate constitution of Special Investigation Team headed by an officer not below the rank of an IG for time bound investigation and earliest recovery of the missing.
- We demand the state government to compensate those who were injured and severely injured in the violence at Phulwarisharif, Patna and Aurangabad.
- We demand specific inquiry into the alleged role of right wing forces in inciting / causing violence in Phulwarisharif as well as in Aurangabad.
- Child Welfare Committee (CWC) should also inquire into the incidents of violence against children in the incidents of Phulwari Sharif and Aurangabad.
- We also demand National Human Rights Commission, Minorities Commission and National Commission for Women, National Commission for Rights of Children to hold their independent inquiries into the incidences of police brutality and violence in Aurangabad and Phulwari Sharif.