Govt. of India National Commission for Minorities Lok Nayak Bhawan, Khan Market, New Delhi-3

Transcription

1 Govt. of India National Commission for Minorities Lok Nayak Bhawan, Khan Market, New Delhi-3 Petitioners: Mohammed Rafique Ansari s/o Late Ravi Ansari; Mohammed Farooq Ansari s/o Mohammed Israil Ansari; Mohammed Farooq Ansari s/o Mangal Ansari, & others, all residents of v. Bhajanpur, P.S. Forbesganj, Araria, Bihar. Respondents: Principal Secretary, Home, Govt. of Bihar; Managing Director, Bihar Industrial Area Development Authority (BIADA); District Magistrate, District Araria; Sarpanch, Rampur Fakirna, Panchayat Rampur Uttar, Tola/v. Bhajanpur; Director, Auro Sundram International Pvt. Ltd., District Araria, Bihar File No. M/BR/30/0044/11 The Bench of the NCM consisted of: i. Shri Wajahat Habibullah, Chairperson ii. Dr. Ajaib Singh, Member iii. Dr. Farida Abdullah Khan, Member 2. Secretary Shri Surjit Chaudhury & Legal Officer Shri Miraj Khan, NCM assisted the bench. Brief record of hearing held in the Conference Room of the National Commission for Minorities held on at A.M. 3. Present: I. Petitioners on video conference at NIC Computer Centre, District Collectorate Office, Araria, Bihar: Mohammed Rafique Ansari; Mohammed Farooq Ansari; Mohammed Farooq Ansari s/o Mangal Ansari; with over 10 villagers of Bhajanpur, P.S. Forbesganj, Araria, Bihar assisted by Shri Sabir Alam, Advocate II. Respondents on video conference at NIC Computer Centre, Old Secretariat, Patna, Bihar - Shri Amir Subhani, Principal Secretary, Home, Ms Preeta Verma, Special Secretary, Home, Shri Kamal Narayan Singh, Addl. 1

2 Secretary, Home & Shri Deepak Kumar Singh, Managing Director, Bihar Industrial Area Development Authority (BIADA) (On video conference at NIC Computer Centre, District Collectorate Office, Araria, Bihar): III. Shri Ajay Kumar Chaudhary, District Magistrate, along with Addl. Collector Revenue and Deputy Collector, Araria IV. Shri Ashok Kumar Chaudhary, Director, Auro Sundram International Pvt. Ltd., District Araria, Bihar 3. On 4 th June, 2011, the Commission received an from Shri Zahidul Haque of Araria, Bihar together with a petition complaining against the killing and gross violation of the human rights of the minority community in village Bhajanpur under Forbesganj PS of Dist. Araria. The petitioner reported that several persons of the minority community have been killed in police firing, including a ten month old baby boy named Noshad. The petitioner submitted as follows: i) the incident took place at village Bhajanpur under Forbesganj PS in Araria, District of the Bihar State. ii) the mob was armless (sic) and without provocation the police opened firing indiscriminately by the order of the SP, Araria. It is pertinent to mention that the Police did not use lathi, teargas shell, water canon or rubber bullet. iii) As per the media reports the number of victims is four and their names are Mustafa, Mukhtar, a lady named Sharmina and the nine month old baby boy Noshad. But as a matter of fact the number of casualty is nine. iv) The number of injured persons is more than three dozen (sic) and the most important thing to note that the injured got bullets on mouth, head, stomach, thigh and ankles. This is enough proof that the Police fired indiscriminately and barbarically. v) The police claims that there were anti-social elements among the mob and first they opened firing on the Police and the Police in self-defence retaliated with firing. But as a matter of fact there is no casualty or even serious injury on the Police or administration side. vi) The print media like The Times of India, the Hindustan Times, Hindustan (Hindi), Dainik Jagran (Hindi) may be seen for other details. In electronic media E TV 2

3 Bihar & Jharkhand and Zee News may be contacted for video clippings. The electronic media have also telecasted the incident and the inhuman face of a police man beating and jumping over the dead body of a victim. 4. Consequently, after seeking and obtaining reports from Home Secretary Amir Subhani and SSP Garima Malik, and petitions from NGOs ANHAD, Committee for Justice for Forbesganj Police Firing Victims, Jamia Teachers Solidarity Association, Indian Social Action forum (INSAF), National Alliance of Peoples Movement (NAPM), All India Student Association (AISA), and a Memorandum from National President, Lok Jan Shakti Party Shri Ram Vilas Paswan, MP who called personally at the office of the Commission to submit a memorandum, a delegation of the National Minorities Commission consisting of Ms Syeda Bilgrami Imam and Chairperson visited Forbesganj on 21 st -22 nd June, 2011 and its report was forwarded to the Union and State Governments vide letter dated This report recommended both immediate actions required, together with long term measures. 5. The Commission in the meanwhile received a number of representations from individuals/organizations including M/s Auro Sundram International Pvt. Ltd., the company that was allotted of the land, including the disputed road, by Bihar Industrial Area Development Authority (BIADA). They requested NCM to intervene in the matter so that the factory can be opened and the affected members of the minority community benefit from jobs and means of livelihood. Respondent Shri Ashok Kumar Chaudhary, Director, Auro Sundram International assured Chairperson in a meeting of that the company is willing to bear the cost of compensation to the victims on the firing of 3 rd June, 2011 and to provide employment and professional training to residents of Bhajanpur village. The issue of revival of economic activity mentioned in the tour report was discussed in the Commission s meeting held on In view of the decision of the Commission s meeting the NCM approached the One Man Forbesganj Firing Judicial Commission for permission to intervene through mediation between the parties in order to recommend suitable action to the State Government to enable resumption of economic activity together with development programmes and initiation of rehabilitation of victims of police firing. The Judicial Enquiry Commission inter alia informed NCM vide letter no. 383 dated from Secretary, SM Nasimuddin, Forbisganj Firing 3

4 Judicial Inquiry Commission that no consent of the Commission is required. Hence this hearing. 6. Advocate Sabir Alam, learned counsel representing petitioners Mohammed Rafique Ansari S/o Rabi Ansari, Shri Farooq Ansari S/o Shri Israil Ansari, Shri Farooq Ansari s/o Mangal Ansari submitted that the residents of village Bhajanpur are mostly illiterate landless labour. He also stated that no compensation has been paid by the Bihar Government to the members of the victims families who lost their lives in the police firing. He also submitted that in the police action several people were injured including a lady who even after more than two years needs better medical treatment. Learned counsel further submitted that although the villagers are illiterate, their approach with regard to the development of the area is positive and they welcome the action initiated by the Commission towards resumption of economic activity in the area. He also submitted that both sides had filed cases including the company M/s Auro Sundram International Pvt. Ltd. which are pending before the concerned Court. He pleaded that the villagers want that government withdraw the cases pending against allegedly innocent people. He further submitted that the three petitioners namely M/s Farooq Ansari, Rafique Ansari and Farooq Ansari have withdrawn the case filed by them as they have full faith in the government, and the Judicial Commission. The case filed by Shri Farkan Ansari is pending before the CJM Court. 7. Respondent MD BIADA, Shri Deepak Kumar Singh submitted that the land in the area was acquired from the villagers in 1989, but the development work in the area only started in 2007, thus leaving the land fallow. No road is recorded in the revenue map of the time. He pleaded that as the land was vacant the villagers were using a path way from the village to the main road through the 36 acre land allotted for industrial development to M/s Auro Sundram. He therefore submitted that the land that was used as a connecting pathway is the land of BIADA and not a public road as claimed by the petitioners. He also submitted that before the incident of firing, in anticipation of public resistance, on a Panchayat was called by the SDO where an alternative route was agreed to and construction work begun on June 2. However the unfortunate incident of June 3, 2011 then occurred. He further submitted that on 1 st December 2011 a meeting was held where the Principal Secretary, Industries, Govt. of Bihar, Managing 4

5 Director, BIADA, District Collector, Purnia and villagers were present and it was decided that the alternative route by the side of the BIADA Power Grid which is 40 feet wide connecting to the Main Raniganj Road will be developed as a road for the villagers; the road will be soil filled on both sides, brick soling and a nala will be constructed, besides a culvert and electric lighting will be provided. The road will be notified and construction will start. Respondent Shri Singh also submitted that more than Rs one cr. has been spent in developing the area. He also submitted that there was some resistance from the members of the village on the proposed new road, which he pleaded, is located only 600 feet distant from the old road. The three families of the victims of the police firing, present in the hearing, had however given their no objection in February Respondent Shri Amir Subhani, Principal Secretary Home submitted that Araria is a sensitive district and even a small incident creates tension. He submitted that last Moharram there was a law & order problem, a bandh was called due to which road and rail services were affected. The Commissioner & DIG rushed to Araria to control the situation, it was also submitted that all the stake holders should be included in the process of mediation to avoid any untoward incident. However, government was open to considering development of any viable alternative route for the connecting road. 9. Respondent Shri Ashok Chaudhary, Director, M/s Auro Sundram International Pvt. Ltd submitted that he belongs to Madhepura District of Bihar, but for the last several years, he has been living in Roorkee, Uttarakhand where the Directors of the company are engaged in industrial activity. When the State of Bihar announced an industrial policy for the economic development of the backward areas, he decided to invest in industries in his home state. He further stated that the company has decided to set up a maize based liquid glucose plant based on the raw material produced in the area. He further submitted that the BIADA has allotted about 35 acres of land in the year 2009 and 2010 on lease for a period of 90 years. While most of the industrial area is enclosed by a boundary wall constructed by BIADA, some part of the western side and eastern side boundary wall was not constructed and the land was lying vacant. The villagers were using the vacant land as passage to the main road located about one km from the village Bhajanpur. He further submitted that after the incident of 3 rd June 2011, in December 2011 a meeting was organised under the chairmanship of the Industrial 5

6 Development Commissioner wherein it was decided to resolve the dispute of passage. Keeping in mind the convenience of the villagers of Bhajanpur the internal road of BIADA adjoining the plot of Power Grid which was 40 feet wide would be allowed to be used as a public road. He also submitted that 12 February, 2013 a Panchayat was organised, which was attended by the respectable persons of the village, members of the victims of the family and a punchayatnama was executed wherein it was agreed by all concerned including the M/s Auro Sundaram International Pvt. Ltd. that due to the incident of firing the family members of the victims have suffered socially, economically and mentally. It was also agreed that due to the stalemate, the economic activity of the area has suffered. It was therefore unanimously agreed in the Panchayat that pending any relief disbursement by government will Rs lakhs will be given to the members of each of the victim s family and Rs.35000/- will be given to those who have suffered injuries in the incident on compassionate ground by Messrs Auro Sundaram. Discussion: 10. The Commission put to respondent Home Secretary Subhani that as the cases filed by the villagers have been withdrawn, the government might also withdraw the cases filed against the villagers. The Home Secretary submitted that at this stage the case cannot be withdrawn as the charge sheet has not been filed. The government cannot take a decision to withdraw the cases as the matter is under investigation. He further submitted that as per law a decision to withdraw a case can only be taken if the charge sheet has been filed. In that event, the District Magistrate after taking opinion from government pleader can forward recommendation to the Law Secretary who takes a decision on the proposal in the public interest. He however agreed that the government will consider any such proposal received from the District Magistrate. Respondent Shri Ajay Kumar Chaudhary, District Magistrate submitted that he will withdraw the case brought by his company and will extend all his cooperation on the issue. 11. Learned counsel for petitioners Shri Sabir Alam, Advocate submitted that there are two set of cases filed against 44 people as accused, one by the Company and another by the Magistrate. 6

7 12. One of the petitioners Shri Ghause Mohammed from v Bhajanpur submitted that the case filed by the police against the villagers includes innocent children and accused from other villages. He had now noted the list of cases filed. He stated that there remains pending one case brought by the villagers, which he undertook will be withdrawn. 13 Petitioner Shri Ghause Mohammed also submitted that the villagers are poor and uneducated and they have not overcome the trauma of June 2011 incident. He also submitted that the lights have not been installed on the road due to which anti-social elements, taking advantage of the darkness, harass ladies and elderly people. He requested that the BIADA may install street lights. Decision notice: 14. From the above it is clear that there is a consensus among parties to arriving at a settlement which will include upgrading the proposed road link between the village and the highway through engineering and lighting to ensure security, particularly to women, children and elders constrained to walk after dark. The Commission in view of the above suggested to the Government that a charge sheet in the case may be filed at the earliest so that the withdrawal of cases might be initiated. BIADA might proceed with lighting arrangements as discussed. 15. BIADA is now directed to prepare a memorandum of understanding along the lines discussed, which can be finalised in a public gathering on a date of mutual convenience in the presence of residents of village Bhajanpur, which will be attended by a representative of the National Commission for Minorities. 16. Announced in the hearing on this the thirteenth day of December 2013, in the premises of the National commission for Minorities. Notice of this decision be given free of cost to the parties. (Wajahat Habibullah) Chairman (Dr. Ajaib Singh) Member (Dr. Farida Abdullah Khan), Member 7

8 Authenticated true copy. Additional copies of order shall be supplied on application. (Esther Kar) Joint Secretary