Kasganj Violence: UP Police Books 13 Accused Under Anti-Terror Law UAPA

The Uttar Pradesh police has booked 13 people (all Hindus allegedly belonging to either OBC or Dalit community) under Section 7 of the Unlawful Activities (Prevention) Act, 1967 or UAPA in connection with the January 26 communal violence in Kasganj that left one dead and three injured.

Section 7 of the UAPA (which is an anti-terror law) empowers investigators to prohibit the use of funds of an “unlawful association”. However, it can only be invoked with the sanction of the Central government following an enquiry.

The charge has been slapped against in an FIR (accessed by Newsclick) filed on January 27 by Kasganj Kotiwali SHO Ripudaman Singh. This is in addition to Indian Penal Code (IPC) sections 147 (rioting), 148 (rioting and being armed with deadly weapon), 149 (unlawful assembly), 336 (endangering life or personal safety of others), 436 (mischief by fire or explosive substance with intent to destroy house, etc.), 427 (mischief causing damage to the amount of fifty rupees) and 34 (acts done by several persons in furtherance of common intention). 

“This shows how police officials, without following due process, book people under severe sections of the draconion law just with the aim to harass them,” Advocate Abu Bakr Sabbaq, national coordinator of the Association for Protection of Civil Rights (APCR), told Newsclick.

He said a person can be charged under Section 7 of the UAPA only if his association with an outfit is declared unlawful by a notification issued under Section 3 and the Central government is satisfied – after an enquiry – that the person has custody of any money, securities or credits which are being used or are intended to be used for the purpose of the unlawful association.

“In this case, the Centre can prohibit such person from paying, delivering, transferring or dealing in any manner with such money, securities and credits,” he added.

Several human rights activists, who had gone to the western Uttar Pradesh town for a fact-finding following the violence that continued till January 30 despite heavy police presence, too have accused the police of being caste and communally biased in their investigation.

“We were told that youth were being indiscriminately arrested by the police and their religious and caste identity determined which sections they would be booked under. While Loda Rajputs and other upper caste Hindus are being booked under Section 151 and released on bail, the OBCs and Dalits have been charged under serious sections of the IPC and the UAPA. Muslims, in addition to the above sections, also have Sections 307 (attempt to murder) and in some cases 302 (murder) booked against them,” said Kavita Krishnan, member of the central campaign team of the All India People’s Forum (AIPF).

Etah MP, Rajbir Singh (who belongs to the Bharatiya Janata Party and whose inflammatory speech spiralled the violence) and VHP State President Pramod Jaju belong to the same Loda Rajput community. 

She asked when there is no evidence whatsoever of any pre-planned murderous intent and organized violence on part of Muslims, why are they being booked for the murder of Chandan Gupta (who was shot dead in the incident) and attempt to murder of others?

“Akram lost an eye, Naushad got a bullet in his thigh, Chhotan survived a murderous attack – yet no one has been booked on attempt to murder charges for these attacks – why?” she said.

Rajvir Singh Yadav, whose son Raj – a compounder at the private clinic – has also been arrested, confirmed Kavita’s allegation.

“On January 27, he and another compounder were closing the shutters of the clinic after being warned that it would not be safe to keep it open. In the meantime, the police arrived and picked up both of them. Raj has been booked under serious sections of the IPC and Section 7 of the UAPA has also been slapped against him, but his colleague – who is a Loda Rajput – was booked under Section 151 and got bail,” he said.

The same FIR filed by the SHO – accessed by Newsclick – claims that Raj was identified and arrested at noon at Ghantaghar where he along with a mob was involved in arson and vandalism at a shoe shop. “The FIR claims Raj was ‘identified’, but it does not mention his father’s name or full address and simply says, ‘Raj, Paisoi, Soron, Kanshiram Nagar,” said Yadav.

One man, Firoz, said his son Imran Khan, who runs a meat shop and hotel at Bilram Gate, was picked up by the police on the street. Firoz is a labourer in Gujarat and had rushed home when the incident hit headlines. “Imran neither participated in the flag hoisting event organised at Veer Abdul Hamid Chowk (a trisection at Muslim-concentrated Baddu Nagar), nor in any violence whatsoever. Still, he was picked up and implicated by the police.

Similarly, two young sisters Mahiru and Mehak said that their father – 65-year-old Nasiruddin – was at his shop when he was picked up by the police on January 28. Their 16-year-old brother, who had been having a bath, was made to dress and was also taken away on the pretext of questioning. Later, he was also arrested. Both the father and son duo have been booked under Sections 302 and 307 among others, and jailed.

One rickshaw puller Shamshad has also been falsely accused. Eyewitnesses aver that if the CCTV cameras outside St Joseph’s School for January 26 are checked, he can be seen dropping kids off at the school for the Republic Day celebrations.

One of the most startling cases of police “bias” was that of two friends Khalid and Pradeep, both from Badaun. Their lawyer Hasin Ahmad said Khalid (son of Munnan Khan) and Pradeep (son of Chaturi) – both from Shahbazpur in Badaun district – were riding through Kasganj on a scooter, going to see Khalid’s grandmother at Bilram Kasba.

They were stopped by the police. Khalid (FIR number 59/2018) was booked under Sections 307 as well as 147, 148, 149, 336, 436, 427, 34 IPC and Section 7 of the UAPA, while Pradeep was booked under 151 CrPC only and “offered to be released on bail”. Pradeep, however, refused to accept the release and opted to go to jail with his friend Khalid.

With two more arrests – Waseem and Naseem, the brothers of prime accused Saleem – on Wednesday, the total number of arrests in Chandan Gupta murder case has gone upto 19. Twenty-nine men, all Muslims, are accused of the killing of the 22 year old.

Apart from other charges of murder, attempt to murder, among others, they were charged with sedition (124A). The charge follows a complaint submitted by Gupta’s father Sushil Gupta.