Govt. of India National Commission for Minorities Lok Nayak Bhawan, Khan Market, New Delhi-3 Petitioner: Shri Ataullah Khan, Satyawati College, Ashok Vihar, Phase-III, Delhi- 110052. Respondents: 1. Dr. Satender Kumar Joshi, Principal, Satyawati College, Ashok Vihar, Phase-III, Delhi-110052. 2. Addl. Director General of Police, Human Rights, Government of Uttar Pradesh and Dr. Preetinder Singh, Senior Superintendent of Police,Sector-14A, Noida -201301. The Bench of the NCM consisted of: File No. M/DL/305/27/2013 i. Shri Wajahat Habibullah, Chairman, ii. iii. iv. Shri Keki N. Daruwalla, Shri Ajaib Singh, Shri T.N. Shanoo, v. Ms. Mabel Rebello, 2. Joint Secretary & Legal Officer, NCM assisted the bench. Brief record of hearing held in the Conference Room of the National Commission for Minorities held on 21.01.2014 at 12.30. P.M. 3. Present: Petitioner: I. Shri Ataullah Khan, Satyawati College, Ashok Vihar, Phase-III, Delhi- 110052; Respondent: II Dr. Satender Kumar Joshi, Principal, Satyawati College, Ashok Vihar Phase-III, Delhi-110052; III. Shri Anand Swaroop Singh, IG (Human Rights); Shri Shiv Ram Yadav, Dy. S.P., Noida, U.P. 3. Shri Anand Swaroop, Inspector General of Police, Human Rights vide letter dated 20.01.2014 pleaded that given that Shri Biswajit Mohapatra, Addl. 1
Director General of Police, Human Rights, has not assumed charge, the I.G. will attend the hearing in his place. Dr. Preetinder Singh, Senior Superintendent of Police, Noida vide letter dated 19.01.2014 informed the Commission that Shri Shiv Ram Yadav, Dy. S.P. has been authorized to appear before the Commission. Both pleas have been accepted by the Commission. 4. The Commission took cognizance of the representation of 19.1.2013 received from Shri Ataullah Khan, Assistant, Satyawati College, Ashok Vihar, Delhi against Dr. Sudhir Goyal, Associate Professor in Commerce, Satyawati College (Day) for using of communal and abusive epithets against the Muslim community. Petitioner Shri Ataullah Khan pled that an Enquiry Committee was constituted by the Governing Body of the Satyawati College regarding irregularities in admissions under sports quota wherein Justice S.K. Mahajan (Retd.) was the Enquiry Officer, Dr. Sudhir Goyal was the Presenting Officer and the complainant was Assistant. The latter alleged that although there was a room allotted by the college authority within the college for the work of the enquiry, however, the work was done from the residence of Dr. Sudhir Goyal at NOIDA. It is stated that on 24.02.2012 Shri Ataullah Khan took a printout from a printer in the market from the pen drive of the enquiry committee, as is the usual practice, there being no printer available with Dr. Goyal. It is pleaded that inadvertently the pen drive remained in his pocket and when he returned home, he realized the same. When Dr. Goyal phoned him about the pen drive the next day, petitioner stated that the he tried to hand over the pen drive to Dr. Goyal several times but the latter instructed petitioner to keep the same with him. He also stated that on 02.03.2012 petitioner learned that Dr. Goyal had made a complaint against the petitioner to the Chairman of the Governing Body of the College and also to the Police at Sector 20, NOIDA. A copy of this complaint dated 26.2.2012 is on file. It clearly states that the petitioner allegedly took away the pen drive containing important files and documents pertaining to the enquiry 5. On 05.03.2012, the Principal of the College and two teachers Prof. S.B. Jain and Prof. K. L. Gupta are stated to have intervened to resolve the matter. It is alleged that while they were discussing the matter with Dr. Goyal in the 2
presence of petitioner, Dr. Goyal used derogatory, insulting and abusive remarks against the whole Muslim community. It is stated that the Principal and the teachers repeatedly requested that Dr. Goyal desist from using such language but in vain. Consequently on 9.3.2012 petitioner Ataullah Khan moved a complaint with the Principal, with a copy to the Chairman, on the use of insulting communal language by Dr. Goyal, upon which Principal appointed an Enquiry Committee to investigate the matter and report in 7 days. The Committee submitted its report only by 25.9.2012, but no action had been taken till the date of the complaint before the Commission; hence the petition. 6. The Commission held a hearing on 22.03.2013 wherein the respondent Principal, Satyawati College, Dr. S.K. Joshi briefed the Commission about the action taken by the Governing Body of the College on the enquiry report submitted by the Committee to look into the complaint of Shri Ataullah Khan. The Principal informed the Commission that they have already held two special meetings of the Governing Body to look into the report of the Enquiry Committee. The Governing Body did not find the reply of Dr. Sudhir Goyal satisfactory and accordingly decided to file a charge sheet against Dr. Goyal after taking legal opinion. A copy of the charge sheet was submitted to this Commission on 14.6.2013 7. In view of the satisfaction expressed by petitioner in the hearing of 22.3.2013 on the action taken by the College against Dr. Sudhir Goyal, the Commission decided to give a month s time to the Governing Body to complete framing a charge sheet against Dr. Goyal. However, the Commission felt that the Delhi University and the UGC should be appraised of the communal and abusive remarks made by Dr. Goyal against the minority community and recommend to UGC and Delhi University to initiate independent action against Dr. Goyal for promoting communal hatred. 8. In response to NCM s letter of 3.6.2013, US, UGC informed that a charge sheet stands issued by the College against Dr. Goyal on 21.5.2013 in accordance with a decision of its governing body dated 20.4.2013. 3
9. The Commission had also decided in the hearing of 22.03.2013 that (KND) will take up the issue of alleged harassment by Dr. Goyal of Shri Khan and the Principal by registering false charges, with the NOIDA SSP immediately. Shri Daruwala called for a report, on receipt of which, the Commission would determine further action, if any, to be taken. The NOIDA police in their report dated 21.05.2013 stated that Dr. Sudhir Goyal had filed a complaint dated 17.03.2012 alleging that Shri Ataullah Khan had taken away and kept the pen drive without his permission with malafide intention. From the enquiry it appeared that Shri Ataullah Khan, Satyawati College was engaged as assistant with Dr. Goyal in the Enquiry Committee headed by Justice (Retd.) S.K. Mahajan regarding irregularities in admission in the college under the sports quota. Shri Ataullah Khan on 24.02.2012 had allegedly taken away the pen drive which was containing important documents of Justice S.K. Mahajan with him without the permission of Dr. Goyal. In the enquiry Dr. S.K. Joshi, Principal was also found involved in the offence, therefore sections 411, 174, 175,183, 186,188 and 202 of IPC were incorporated in the charge sheet. Besides section 380 and 411 of IPC against Shri Ataullah Khan. The SSP, NOIDA in his report further stated that at present SIS branch of District Gautama Budh Nagar was inquiring the allegations and has been directed to examine the merit of the case. 11. In accordance with the report received from UGC as per Para 8 above, NCM advised SSP, NOIDA to bring the charge sheet received from UGC to the notice of the Hon ble court, in which petitioner and respondent 1 stood accused, to ensure that Principal Dr. Joshi and petitioner Ataullah Khan were not put to further harassment. There was no response; hence the present hearing. 10. Petitioner Shri Ataullah Khan and Principal Dr. S.K. Joshi submitted that they had been harassed by Dr. Goyal who had filed an FIR against Shri Ataullah Khan in Noida Police Station under Section 380 of IPC. The NOIDA Police, acting on the FIR has filed a charge sheet before the Hon ble Court at NOIDA, wherein the Principal Dr. S.K. Joshi has been charged for conspiracy in the theft of Pen Drive. 4
11. Respondent Shri Shiv Ram Yadav, Dy. SP, submitted that in pursuance to the direction of the SSP, Gautam Budh Nagar the matter was transferred for investigation to SIS Branch. Shri Jitendra Kumar Tyagi, SIS Branch on the basis of evidence available, charges framed against Shri Ataullah Khan, Dr. S.K. Joshi and Dr. Shamsul Islam have not been found substantiated.the report states: वर ष ट प ल स अद क षक, ग तम ब द नग क आद श न स उक त ववव चन उ०लन० श र ज त न द र क म त य ग, sisएस. आई. एस. श ख क स तर त क गई ज नक द व अभ तक उप ब ध स क ष य स अलभय क तगण उप क त क ववर द ग य गय आ प प रम जणत नह ह ह ह 1, इस तथ य स म नन य न य य क अवगत क य य ग. The report filed by the Dy. SP, Shri Yadav has been taken on record. Discussion: 12. The Commission expressed concern that SSP, NOIDA had failed to send a report despite letters dated 19.08.2013, 26.11.2013 and 15.01.2014 necessitating that the Commission hold the present hearing, although the police had shown unexplained alacrity in filing charge sheets without due verification. The Commission was of the view that the IO and the SHO had acted under the influence of Dr. Goyal without proper investigation of the complaint and registered FIR against the petitioner, Principal and Former Principal of the College, which caused harassment to them. Dr. S.K. Joshi and Shri Shamsul Islam, who was also present in the hearing, alleged harassment by Dr. Sudhir Goyal, although they were in no way concerned with the proceedings of the Justice Mahajan enquiry committee from which the original accusations stemmed. 13. Dr. Joshi submitted that Shri Goyal had filed a Writ Petition in the Delhi High Court for stay of the enquiry proceedings conducted by the College. He further informed that the Writ Petition filed has been dismissed by the Single Bench of 1 Underlined for emphasis 5
the Hon ble High Court, against which Dr. Goyal has filed an appeal which is listed on 24.01.2014. Respondent Shri Swaroop, IG, submitted that the present report of the SIS branch will be brought to the notice of the Court including the High Court. Decision notice: 14. The Commission in view of the submission of the respondent U.P. police, and with the acquiescence of Petitioner Shri Ataullah Khan, decided to close the matter. Nevertheless it is expected that the UP Police Department will conduct an enquiry into the manner of proceeding by the NOIDA police in this matter, which has amounted to undue harassment of innocent citizens and unwarranted disturbance in functioning of an educational institution. Respondent Shri Anand Swaroop Singh, IG (Human Rights) will inform this Commission of the action taken by the Department, both in terms of compliance with his commitments before this Commission and in instituting the enquiry by or before end February, 2014. 15. Announced in the hearing on this the 21 st day of January 2014. (Wajahat Habibullah) Chairman (Keki N. Daruwalla) (T.N. Shanoo) Authenticated true copy. application. (Ajaib Singh) (Mabel Rebello) Additional copies of order shall be supplied on (A. Sengupta) Under Secretary to the Government of India 21.01.2014 6