One Year On: Afreen Fatima's battle for justice amidst tragedy and turmoil
Prayagraj (UP): In a tale of resilience and resistance, student activist Afreen Fatima recounts the tumultuous past year that has seen her family at the epicenter of a devastating series of events. Afreen's life, once marked by her activism and aspirations, has been eclipsed by countless court visits, battling to prove her home's legality and defending her father, Javed Mohammad, against severe allegations. A renowned activist in Prayagraj, Javed Mohammad's arrest and subsequent incarceration became a turning point for their family, leading to their home's demolition and a barrage of challenges that have tested their mettle.
On June 10, 2022, hours after Friday's violence erupted in Prayagraj, Javed Mohammad was taken into police custody. Accused of being the 'mastermind' and 'key conspirator' in the post-Friday prayer violence, he faced charges, including those under the National Security Act (NSA). The subsequent events were swift and severe. On June 11, Javed was officially arrested, and on June 12, the family's home was demolished, a public spectacle broadcasted across national television channels.
The destruction of their home was not merely an administrative action but a harsh statement, emblematic of what many termed 'bulldozer justice' or 'bulldozer vendetta.' Afreen's activism, especially during protests against the Citizenship Amendment Act (CAA), had garnered attention. Consequently, her father's incarceration raised questions about a potential connection to her activism.
Reflecting on the past year in a The Quint’s interview, Afreen expressed her deep anguish, acknowledging the loss of her home and the absence of her father. "He has been the strongest pillar of the family, especially for me," she said, emphasizing his unwavering support and the void his absence had created. Despite the adversity, Afreen and her family stood united, demonstrating a profound resilience in the face of immense challenges.
Javed Mohammad's incarceration, according to Afreen, was not solely due to his activism but also his vocal stance against rising Islamophobia. The authorities' accusations and subsequent actions were perceived as collective punishment. The pattern, as Afreen observed, was distressingly common. Families, she noted, were consistently dragged into the activism of their relatives, leading to widespread criminalization and vilification, a reality she and her family have endured.
In light of the current atmosphere in India, Afreen felt a pervasive sense of insecurity. "Any person, it does not have to be someone who is politically or socially active...at any point, the police can barge into your home and arrest you for no crime at all," she said. Afreen acknowledged this fear wasn't exclusive to her; it was a pervasive concern shared by many.
The demolition of their home was not just an isolated incident; it was a potent symbol, Afreen argued. It served as a message to the Muslim community, indicating that dissent would not be tolerated. Moreover, it was a broader message to the Hindu majority, shaping a chilling vision of a nation where Muslims' homes, livelihoods, and families were demolished, underscoring the stark divide within the society.
Despite the challenges, Afreen maintained her resolve. While she has reduced her social media presence, it isn't out of fear but due to the overwhelming demands of court proceedings. Fighting for justice, she asserted, was a herculean task, with the process itself often feeling like a form of punishment.
Throughout this ordeal, Afreen's family, like many others, has become a symbol of resistance against injustice. Afreen's fight for her father's freedom and their family's rights underscores the ongoing struggle for justice in India's complex sociopolitical landscape.
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SC stays CBI probe into West Bengal govt officials' role in teacher recruitment scam
New Delhi, Apr 29: The Supreme Court on Monday stayed a Calcutta High Court order directing the CBI to probe the role of West Bengal government officials in a teacher recruitment scam. It, however, refused to stay for now the cancellation of the appointment of over 25,000 teachers and non-teaching staff.
The top court was hearing a plea by the West Bengal government against a high court order invalidating the appointment of 25,753 teachers and non-teaching staff made by the School Service Commission (SSC) in state-run and state-aided schools.
A bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra, however, refused to stay the high court order cancelling the appointments and said it will hear the matter on May 6.
Observing that taking away the jobs of about 25,000 persons is a serious matter, the top court asked if it is possible to segregate the valid and invalid appointments on the basis of the material available and who the beneficiaries of the fraud are.
"We will stay the direction which says the CBI (Central Bureau of Investigation) will undertake further investigation against officials in the state government," the bench said.
Calcutta High Court had said the CBI would undertake further investigations with regard to the persons in the state government involved in approving the creation of supernumerary posts to accommodate illegal appointments.
If necessary, the CBI will undertake custodial interrogation of such persons involved, it had said.
Challenging the order, the state government, in its appeal filed before the top court, said the high court cancelled the appointments "arbitrarily".
"The high court failed to appreciate the ramification of cancelling the entire selection process, leading to straightaway termination of teaching and non-teaching staff from service with immediate effect, without giving sufficient time to the petitioner state to deal with such an exigency, rendering the education system at a standstill," the plea said.
Calcutta High Court last week declared the selection process as "null and void" and directed the CBI to probe the appointment process. It also asked the central agency to submit a report within three months.
"All appointments granted in the selection processes involved being violative of articles 14 and 16 of the Constitution of India, are declared null and void and cancelled," the high court said in its April 22 order.
The high court said those appointed outside the officially available 24,640 vacancies, appointed after the expiry of the official date of recruitment, and those who submitted blank Optical Mark Recognition (OMR) sheets but obtained appointment to return all remunerations and benefits received by them with 12 per cent interest per annum within four weeks.
Observing that it had given "anxious consideration to the passionate plea" that persons who obtained the appointments legally would be prejudiced if the entire selection process was cancelled, the bench said it hardly had any choice left.
The high court held that all appointments involved were violative of articles 14 (equality before law) and 16 (prohibiting discrimination in employment in any government office) of the Constitution.
"It is shocking that, at the level of the cabinet of the state government, a decision is taken to protect employment obtained fraudulently in a selection process conducted by SSC for state-funded schools, knowing fully well that, such appointments were obtained beyond the panel and after expiry of the panel, at the bare minimum," the high court had said.
It said unless "there is a deep connection between the persons perpetuating the fraud and the beneficiaries" with persons involved in the decision-making process, such action to create supernumerary posts to protect illegal appointments is "inconceivable".
The division bench had also rejected a prayer by some appellants, including the SSC, for a stay on the order and asked the commission to initiate a fresh appointment process within a fortnight from the date of the results of the ongoing Lok Sabha elections.
The bench, constituted by the high court chief justice on a direction of the Supreme Court, had heard 350 petitions and appeals relating to the selection of candidates for appointment by the SSC in the categories of teachers of classes 9, 10, 11 and 12 and group-C and D staffers through the SLST-2016.
In its 282-page judgment, the high court had said retaining appointees selected through "such a dubious process" would be contrary to public interest.
