Fact Finding Team visited at Hadgaon – Observations and findings + Suggestion and Recommendation

23rd February 2015
Nanded, Maharashtra

The fact finding team consists of Adv Saifan Shaikh, National Executive Committee Member – NCHRO, Azim Siddiqi, District Co-ordinator – NCHRO,Nanded, Mr. Shivaji Hambarde District President – Shivraaj Paksh,Nanded Mr. Shashikant Patil, Kamgaar Sena District President – Nanded, Adv Nasir Ahmed Farooqi – Nanded, Adv Mujaahid from Umarkhed; Abed Ali, State Genenal Secretary, Popular Front of India, Maharashtra, Umair Dafedar Member, NCHRO, Pune

The team visited number of victims of police harassment in Hadgaon and also recorded their statements. Then the team had an elaborated discussion with Mr Pradeep Kulkarni Residential District Collector (RDC) of Nanded.

Observations and Findings

On 13th February 2015 at approximately 11:30 a.m. the people of Hadgaon heard some defamatory news about the Prophet of Muslim Community on Whatsapp and this news was spread virally. As soon as this news spread some people from Muslim Community thought of giving memorandum to the Police Officials of Hadgaon to bring the culprits to book and put them behind bars. After handing over the memorandum to the Police Officials, all of a sudden this village was turned into a riot place.

On the same day at around 3:30 p.m. some miscreants broke up a cutlery shop which was in the Hadgaon bazaar area and looted the shop. The owner of this particular shop Mr. Abdul Mahfooz claims the loss to be of approximately 2, 50,000/- (Rupees Two lakhs Fifty Thousand).

After breaking and looting the cutlery shop the miscreants turned towards the stall opposite to the cutlery shop named New Bobby Pan stall the owner of this stall is Mr. Naeem Shaikh s/o Salim Shaikh Age 55. The miscreants turned upside down this particular stall broke the stall and looted all the things inside the stall the owner of this stall Mr. Naeem Shaikh s/o Salim Shaikh claims the loss to be of approximately Rs 80,000/- and cash in the sum of Rupees 4,000.

After breaking the New Bobby Pan Stall the miscreants turned towards the stall situated near old tehsil named Bobby Pan stall the owner of this stall is Mr. Shaikh Mujeeb s/o Shaikh Salim Age 32. The miscreants broke the stall and looted all the things within the stall the owner of this stall Mr. Shaikh Mujeeb s/o Shaikh Salim claims the loss to be of approximately Rs 60,000 to 80,000/- and cash in the sum of Rupees 7,000/-.

The miscreants then turned towards one of the Safari Tailors shop, the owner of this shop is Mr. Shaikh Sajid states that the miscreants smashed his two wheeler Hero Passion Pro Register No – MH-26 AL4031 which was parked outside his shop. The miscreants also tried to burn the shop as well, but due to the shop owner’s presence of mind he immediately pulled down the shutter of his shop and saved his shop and his workers inside from burning.

The police instead of arresting the miscreants started harassing and arresting some of the innocent people who were not at all involved in this riot. Abdul Rasool s/o Shaikh Sarvar Age 84 reports about the police atrocities. On 14/2/2015, he was at home all day, his son-in-law who is a driver by profession returned home from Nagpur at exactly 9:00 p.m. that night. Abdul Rasool further states that on the same mid-night at about 1:00 a.m. seven police officials including ladies police as well all of a sudden broke the front door of Abdul Rasool’s house and forcefully entered his house, also Abdul Rasool’s neighbour from his top roof jumped into the backside of Abdul Rasool’s house. All of a sudden seeing this Abdul Rasool in a state of panic told the police officials that “Saheb you have entered my house with shoes and my grand children wife and daughter-in-law are sleeping, you might step on them unknowingly please take care” but the police Mr. Motiram Nikam with his officials pushed Abdul Rasool and forcefully searched his house without a search warrant.

Despite Abdul Rasool gently informing the police about their shoes, they entered with the shoes into Abdul Rasool’s house and one of the police officials stepped onto a child’s leg the child suddenly got up with crying in panic and was scared, seeing the atmosphere of the house the child started crying loudly in sever pain, the atmosphere of Abdul Rasool’s house suddenly became scary and weird. His family members including ladies of his house also got up from sleep and were in panic and lot of distress and could not understand what is happening in their house.

Police abused Abdul Rasool’s son-in-law who had returned from driving work at 9:00 p.m. in weird manner using slang words against him and arrested him and took him to the police station. His wife gently asked the police officials why are they arresting him and taking him he has just returned from work from Nagpur, she also told the police officials that her husband is a patient of Blood Pressure and has undergone hernia operation recently please leave him as he does not know anything about the riots as he is innocent.

Shaikh Babu Shaikh Gulab Age-65 owner of Sameer General Store states about the police atrocities that on 14/02/2015 the police officials came to his shop and called his son Shaikh Azeem s/o Shaikh Babu, Age 40 his father told the police officials that he does not keep well he has faced two severe heart attacks till now and at this time his chest is also swollen the police officials told Shaikh Babu that they are taking him in police station for a small enquiry of the riots and will leave him as soon as possible but the police officials did exactly the opposite of what they said, they arrested Shaikh Babu and took him to the police station the police officials sent him for a medical check up there the concerned government doctor told the police officials that we need an ECG check to be done of this patient but we do not have the ECG machine hence you please take this patient to Nanded Government Hospital for an ECG check up immediately.

Despite the government doctor informing the police to take the patient to Nanded Government Hospital they did not do so nor did they release him but kept him arrested in the Hadgaon police station only
.
Pratik Shinde s/o Eknath Shinde is a worker in the mobile shop the owner of this mobile shop is Mr. Kailash Sait in Hadgaon Bazar the police officials came to this shop and forcefully arrested Partik Shinde from this mobile shop, the owner Kailash Sait told the police officials that this fellow was not involved in any riots/atrocities the whole day he was with me at this shop, but the police did not listen to him and arrested Pratik Shinde and took him to the police station on 14/02/2015.

On 18/02/2015 whilst these police atrocities were going on a Senior Advocate Mushtak Ahmad Khan from Nanded went to the police station to communicate with police official Mr. Motiram Nikam and requested him to stop the police atrocities and human right violation which he felt that the investigation was not through and arrests were made illegally he felt that police were entering the Muslim youth’s home forcefully breaking the door of the houses and entering without any search or arrest warrant, after hearing this the police official Mr. Motiram Nikam directly slapped hard into the Advocate Mushtak Ahmad Khan’s face which in turn banged into the wall near which he was standing and received an head injury as well, the advocate was in severe pain! How could an officer slap an advocate in the police station? If the police official can slap an advocate then what he can do to a common citizen of India is a big question to a common man.

The team was waiting in S.P. Office for one hour to meet him. Since he was engaged in another meeting, we couldn’t meet him.
When we met Mr. Pradip Kulkarni, the Residential District Collector of Nanded, he asked us to provide the copy of our fact finding report our scheduled press conference and he assured that he will hand over the report to the District Collector Superintendent of Police and will consider the suggestions given by us and will sincerely work to provide the compensation to the victims after discussing with his superior.

Because of the atrocities, custodial torture done by police and foisting of false cases indiscriminately, the youths from both communities around one hundred to one hundred and fifty were ran away from the village and not ready to return, fearing the arrest and their families are still in the fear.

Conclusion :

Furthermore when we analyse all the facts and conditions we clearly see that the police officer Mr. Motiram Nikam was violent enough only with the Muslim community targeting the Muslims youths and arresting them unofficially without even showing an arrest warrant and breaking in through the houses of Muslims youth at mid-night without an search/arrest warrant.

We also see that the Human Rights of all these citizens are totally violated which are given to the citizens by the Indian Constitution. The police officials should follow the rules and regulations of arresting and investigation in a proper legal way and legal manner which should not violate the Human Rights of the citizens of India. If the police official Mr. Motiram Nikam can slap an advocate then what he can do to a common citizen of India is a big question to a common man of this country?

RECOMMENDATIONS :

1 – Provide immediate and adequate compensation to the affected individuals and families also who have been illegally tortured.

2 – Disciplinary action should be taken against the police officer Mr. Motiram Nikam and also he should be suspended /dismissed immediately who with his officials violated the Human Rights of citizens.

3 – The torturing and harassing of the Muslim innocent youths and children should be stopped and the innocent youths who are illegally arrested/detained by the police should be released immediately.

4 – There should be a proper and fair investigation first and then the Police can arrest the real culprits whosoever they may be.

5 – The police officials should try to take into confidence all the communities with the help of Shaantata Committee members and allow the youths from both community to return their village by assuring false arrests should not be done.

6 – This riot investigation should be transferred to any other IPS officer and Mr. Motiram Nikam should be expelled from this case immediately.

Yours Sincerely
Azim Siddiqi
District Coordinator
NCHRO, Nanded
Mob: +91 96378-13630

(The report was released in the Press Conference held at Rest House Nanded, on 21.02.2015.)

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