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Facing rioters’ tag and serious charges, major implications haunt many
The police filed more than 325 first information reports (FIRs) across the state and arrested around 1200 people after protests spiralled out of control. About 75% of them are between the ages of 18 to 35 years.
Hundreds of young men arrested after last year’s violent protests against the amended citizenship act in Uttar Pradesh stare at a dismal future with their image tarred and their records tainted.
The arrests came after one person was killed as the anti-Citizenship Amendment Act (CAA) protests turned violent in the state capital of Lucknow on December 19 last year. The next day, similar protests erupted in more than a dozen districts and 21 people, all civilians, were killed and hundreds injured.
The police filed more than 325 first information reports (FIRs) across the state and arrested around 1200 people after protests spiralled out of control. About 75% of them are between the ages of 18 to 35 years.
The arrested men have been languishing in various jails across the state since a fortnight after they were picked up by the police. Majority of the youngsters in jail are from the minority community and many have been branded as ‘dangai’ or rioters on social media platforms.
They are facing serious charges, including those of attempt to murder, criminal conspiracy and rioting. Their families are a worried lot.
Tedious procedure
The legal battle is going to consume time and money as experts say the cases against these youngsters will drag on, even though those with strong evidence may be cleared quickly.
However, much will also depend on the pace at which the police file the chargesheet and the prosecution take up the cases, they said.
“Even if some of them are innocent, they will not get rid of all this quickly. Legal procedures are so tedious that it sometimes takes years even in some simple cases,” lawyer BK Gupta said.
Till then, many may face problems getting admission to educational institutions and while applying for jobs and passports.
‘They are innocent’
Such is the case of a college student from Khadra in Lucknow, who according to his family and CCTV footage was at home and did not participate in the violence.
“He had gone to buy some stationery when the police arrested him in the afternoon,” the mother of the 20-year-old, Yasmeen Siddiqui, said.
“When the ruckus erupted, Osama, who was on the way home from the stationery shop, entered a house, followed by a few of those involved in the violence. Tell me what was his fault?” Siddiqui asked.
When her son was in jail, she also received a show-cause notice for recovery of damage done during anti-CAA protests in Lucknow on December 19.
“I am not much bothered about this notice but will my son be ever cleared of these charges? Will he get a government or a private job?” she asked. “He is good at studies, but I don’t know how will he carry on with the case.”
Mujeeb Anwar is another worried parent.
He claimed his son Samad Anwar, an asthma patient who worked as a driver for an educational institution, was arrested on December 19 while he was going to attend his grandfather’s funeral.
“Even if he is released from jail, will he get his job back or get to work somewhere else? I know he is innocent but it will take years to be acquitted of all the charges. But who will compensate for his losses?” he asked.
Lucknow-based lawyer Syed Mohammad, who is contesting some of the cases, said the police arrested many of those who were not even protesting.
“This is an act of a mob. Police have arrested those present there even if they were not a part of this protest. Police were on an arresting spree and picked up some innocent people,” Mohammad said.
‘Dark future’
Not only those aspiring for government or private jobs, but daily wagers arrested by the police also fear a ‘dark future’.
The wife of Mohammed Mehmood, a street vendor in Rampur, said he was arrested as he stepped out of their home after someone knocked on their door.
“When there was a protest call, my husband remained indoors as I insisted,” Shabnam said.
“He is in jail while I have a two-year-old daughter to look after. I don’t know till when he will be in jail and how will I survive. So far, people around us are kind enough to help but for how long?” she asked.
She is also sceptical whether her husband will be able to re-start his daily business even after he is released.
“I am told fighting court cases will drain finances. We do not have any savings. Not a single penny to hire lawyers. Does it mean my husband will have to live with all the charges forever?” she asked.
Like Mehmood, Bijnor’s Zafar, who was arrested from the protest site as per the FIR, is the lone breadwinner of the family.
“He was planning to go to a Gulf country for earning a livelihood. We were consulting people for guidance. When he was planning to go abroad, why would he indulge in such activities?” his father Zaheer asked.
“Now, I am worried about his future. He has serious charges against him and no one is listening to us. Can someone guide me? How can we prove his innocence?” he asked.
‘Give evidence’
Inspector general (IG) of police (law and order), Praveen Kumar, said those arrested and booked will be given a chance to prove their innocence during the course of the investigation.
He said special investigation teams (SITs) have already been constituted at the district level under the supervision of additional superintendents of police to ensure that people were arrested only after verifying evidence regarding their involvement in the violence.
He said the SITs will also consider the cases of those people if they or their family members present evidence to prove their innocence.
“As police have done in Muzaffarnagar in the case of four people, who were wrongly picked up and booked for the violence, by sending a report under section 169 of the Code of Criminal Procedure (CrPC) to release them after finding them innocent, the same could be done in other cases if a person is innocent,” he explained.
“SITs have been asked to conduct an investigation on merit and arrest people only after collecting proper evidence against them.”
The IG, however, emphasised that stern action will be taken against those if evidence— pictures and videos of violence as well as intercepts of telephonic conversation, documentary proofs and other electronic footprints—incriminate them.
Kumar cited the example of the 25 members of Popular Front of India (PFI) and said the Kerala-based organisation was actively involved in mobilising people during violent anti-CAA protests across the state that claimed several lives on December 19 and 20.
He said the police had ample proof to prove PFI’s involvement in the violence.
Implications
Faizan Mustafa, the vice-chancellor of NALSAR University of Law in Hyderabad, said a criminal case will always come to bite people time and again.
The senior constitutional law teacher said even for innocent people, police inquiry has always been a cause of embarrassment.
“Nobody wants to call themselves a rioter. It is a blot. More so, if you are innocent and are being implicated falsely by the state. It has consequences in the passport too,” Mustafa said.
“Putting (an) innocent (person) in jail for 10-11 days amounts to a negation of civil liberty which is against natural jurisprudence,” he also pointed out.
Lawyer Harjot Singh explained those arrested in connection with the violent anti-CAA protests will face issues while applying for a job and passport and even for a bank loan.
“They will have to declare they have an FIR against them. With respect to private jobs, it will be difficult… Government job certainly miles away,” Singh said.
He also said they will have to declare that they have a criminal case against them while applying for a passport.
“Getting a passport will not be difficult. They can’t get a visa for the UK or the US if they have been charged with a criminal offence. Getting a visa will be very difficult,” he pointed out.
“Under bank regulations, if anyone’s name figures in an FIR, the bank will take it into account because if you are convicted, how will you repay,” he added.
