Kafeel Khan Episode: Cruelty of the State
The Dr Kafeel Khan episode involving his repeated arrest and release after a grueling nine months reveals the extent of cruelty practiced by those in power. When hundreds of children died due to the paucity of oxygen cylinders as a result of the government’s callousness at a hospital in Uttar Pradesh in 2017, Dr Khan tried hard to save the children. After private contractors stopped the supply of oxygen to the hospital, Dr Khan used his personal finances to purchase oxygen cylinders and saved the lives of many children. He also exposed the maladministration and inefficiency in the hospital. But, the Uttar Pradesh government, instead of punishing those responsible for such systemic inefficiencies, put Dr Khan in the dock. To cover up its failures, it even denied that the death of the children was due to the cut in the supply of oxygen cylinders. It held Dr Khan responsible for the tragedy and became vengeful by torturing him and his family.
The greatest tragedy is that after he was released in the case pertaining to the death of the children, the government tried to falsely implicate Dr Khan under the National Security Act (NSA) and imprison him permanently. The Allahabad High Court on September 1, however, dismissed the case under the NSA in which he was arrested. Issuing a stern order, the court held the Uttar Pradesh government’s order to arrest Dr Khan in February and the subsequent extension of his imprisonment twice as invalid.
After his arrest for the Gorakhpur hospital incident, Dr Khan was released from jail in April 2018 nine months after being jailed. But when Khan started speaking against the government after his release, the police filed another FIR. Using the speech he delivered criticising Citizenship Amendment Act (CAA) as a pretext, the Uttar Pradesh police arrested him on January 29 in Mumbai.
The court subsequently granted bail to Dr Khan on February 10 in the face of stiff opposition from the Uttar Pradesh government. But, the Uttar Pradesh government again immediately arrested Dr Khan under the NSA on February 13. Dr Khan had to spend nearly nine months in jail. In its September 1 historical order, the Allahabad High Court dismissed the arrest of Dr Khan and the subsequent extension of his jail term. The court presented the full text of Dr Khan’s December speech with its order and stated that the speech did not contain any references to disturb peace and law and order which was alleged by the Uttar Pradesh government when it foisted a case against Dr Khan.
The Uttar Pradesh government had weaved all types of strategies to retain Dr Khan in jail and even refused to provide records and files about the arrest. Now, with the arrest and release of Dr Khan, the ways in which the government is misusing the NSA is being discussed extensively. Many people like Dr Khan are rotting in jail for several years under the NSA. The Centre is trying to use the NSA to arrest whoever speaks out against the government’s anti-people policies and completely shut them. In recent years, the NSA is being slapped against the accused even in cow slaughter cases. The Bheem Army party leader Chandrashekar Azad was jailed in June 2017 and September 2018 without conducting any investigation.
Instances of the police misusing the NSA is increasing as the Act allows for imprisonment of the accused for long periods of time without conducting any investigation. This Act snatches away all rights of the accused who are imprisoned including that of appointing lawyers to fight the case and denying opportunities to find out any information about the reasons for the arrest. Analysts are of the opinion that the courts are also adopting delaying tactics while dismissing arrests under the NSA. In the case of Dr Khan, the court took nine months to dismiss his arrest which was completely politically motivated. There are two ways to stop the unlawful arrests under the NSA. One is to repeal the Act completely. Otherwise, political parties must pressurize the Centre against the misuse of the Act. Second, the higher judiciary must consider the arrests under the Act as ‘emergency‘ cases and prevent states from misusing the criminal justice system and extending the period of a person’s imprisonment. Most importantly, officials who are unilaterally using the NSA to imprison people must be handed out severe punishment. Unlawful arrests will end only when such Acts that give special powers to the police are struck down.
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Trouble ‘Miyas’ everywhere only then they will leave Assam: Himanta Biswa Sarma
Says “Himanta Biswa Sarma, BJP are openly against them, we are saying it openly
New Delhi: Assam Chief Minister Himanta Biswa Sarma on Tuesday said that four to five lakh “Miya voters” would be removed from the electoral rolls in the state once the Special Intensive Revision (SIR) of voter lists is carried out. He also made a series of controversial remarks openly targeting the Miya community, a term commonly used in Assam in a derogatory sense to refer to Bengali-speaking Muslims.
Speaking to reporters on the sidelines of an official programme in Digboi in Tinsukia district, Sarma said it was his responsibility to create difficulties for the Miya community and claimed that both he and the BJP were “directly against Miyas”.
“Four to five lakh Miya votes will have to be deleted in Assam when the SIR happens,” Sarma said, adding that such voters “should ideally not be allowed to vote in Assam, but in Bangladesh”. He asserted that the government was ensuring that they would not be able to vote in the state.
The chief minister was responding to questions about notices issued to thousands of Bengali-speaking Muslims during the claims and objections phase of the ongoing Special Revision (SR) of electoral rolls in Assam. While the Election Commission is conducting SIR exercises in 12 states and Union Territories, Assam is currently undergoing an SR, which is usually meant for routine updates.
Calling the current SR “preliminary”, Sarma said that a full-fledged SIR in Assam would lead to large-scale deletion of Miya voters. He said he was unconcerned about criticism from opposition parties over the issue.
“Let the Congress abuse me as much as they want. My job is to make the Miya people suffer,” Sarma said. He claimed that complaints filed against members of the community were done on his instructions and that he had encouraged BJP workers to keep filing complaints.
“I have told people wherever possible they should fill Form 7 so that they have to run around a little and are troubled,” he said, adding that such actions were meant to send a message that “the Assamese people are still living”.
In remarks that drew further outrage, Sarma urged people to trouble members of the Miya community in everyday life, claiming that “only if they face troubles will they leave Assam”. He also accused the media of sympathising with the community and warned journalists against such coverage.
“So you all should also trouble, and you should not do news that sympathise with them. There will be love jihad in your own house.” He said.
The comments triggered reactions from opposition leaders. Raijor Dal president and MLA Akhil Gogoi said the people of Assam had not elected Sarma to keep one community under constant pressure. Congress leader Aman Wadud accused the chief minister of rendering the Constitution meaningless in the state, saying his remarks showed a complete disregard for constitutional values.
According to the draft electoral rolls published on December 27, Assam currently has 2.51 crore voters. Election officials said 4.78 lakh names were marked as deceased, 5.23 lakh as having shifted, and 53,619 duplicate entries were removed during the revision process. Authorities also claimed that verification had been completed for over 61 lakh households.
On January 25, six opposition parties the Congress, Raijor Dal, Assam Jatiya Parishad, CPI, CPI(M) and CPI(M-L) submitted a memorandum to the state’s chief electoral officer. They alleged widespread legal violations, political interference and selective targeting of genuine voters during the SR exercise, describing it as arbitrary, unlawful and unconstitutional.
