PVCHR initiative supported by EU

Reducing police torture against Muslim at Grass root level by engaging and strengthening Human Rights institutions in India

Wednesday, August 3, 2011

Protector turned murderer: Death in police custody

 Abdul Ajeej (58) son of Nasir Ali resident of Kishori Bhavan, Anoop Shahr road, Civil Lines police station, Aligarh was a class four employee with the Aligarh Muslim University.

Abdul Ajeej lived with his family as a tenant in Kishori Bhavan the property of Shiv Mandir Dharmshala trust. The trustee Samarth Mittal and land mafia Rashid wanted to get the Kishori Bhavan vacated from the tenants. Abdul Ajeej and other tenants however gave written information about the intentions of the two and the threats from them to chief minister Uttar Pradesh and senior superintendent of police Aligarh on March 26, 2011.

Samarth Mittal and Rashid wanted to get multi-storied flats constructed on the land of Kishori Bhavan. Hence to put pressure upon Abdul Ajeej a fake case of scuffle was registered by Rashid in the Civil Lines police station against Abdul Ajeej. Cops were make bogus cases against tenants of Kishori Bhavan.

Abdul Ajeej was forcibly taken away from his house at around 10.30 on the night of May 8, 2011 by sub inspector Jaleel Ahmed And sub inspector AK Tyagi to Civil Lines police station on the basis of the FIR  lodged by Rashid Hasan. At the time when Abdul was beaten up and forcibly taken away by the cops men of Rashid and Samarth too were present there. Nearly an hour Abdul Ajeej's family reached the police station where the officials told them that Abdul Ajeej has been taken to medical college for treatment.

At the medical college (Aligarh Muslim University) the family was about the death of Abdul Ajeej. The post mortem report stated the time of death around 11.30 pm on May 8, 2011. The cause of death is stated to be excessive pressure on the neck and strangulation. The deaths that happened within one hour of when police took him from his house tells about cruelty of the cops.

Jamshed the son of Abdul Ajeej lodged an FIR in the Civil Lines police station on May 9, 2011 at 1.30 pm naming SI Jaleel Ahmed, senior SI AK Tyagi, Rashid son of Nwawi, Ramkumar, Shovaran Singh, Jahid, Samarth Mittal and unidentified men. The accused have been booked under section 302, 452, 323, 506, 120  B.

Members of PVCHR Ragiv Ali and district coordinator Aligarh Naseem evaluated the facts related to the incident. After the evaluation the Varanasi office of the PVCHR sent a fax information on 'Death in Custody' to the National Human Rights Commission New Delhi and DGP Uttar Pradesh on May 12, 2011 at 7 pm. Another email was sent to Wajahat Habibullah president of the national minority commission. The next day on May 13, 2011 national minorities commission, national human rights commission and DGP UP were informed about the custodial death through registered posts.

The PVCHR information was disseminated to public though web media on May 16, 2011. Again on May 17, 2011 the entire details of the incident with the post mortem report was sent to chief justice supreme court, chief justice high court and chief secretary Uttar Pradesh. A demand was raised to get the case investigated by a magistrate and five lakh compensation to the family of Abdul Ajeej under section 176 (1) of the CRPC. The UPCC forwarded the letter of PVCHR to DIG's complaint cell on May 16, 2011 at 3.54pm. A reply to the letter by PVCHR sent to the national minorities commission on May 12, 2011 came on may 17, 2011 stating cognizance of the matter has been taken.

The complaint cell of the DIG office took note of the letter ordered an inquiry on May 24, 2011 at 10.48 am and asked the SSP Aligarh, surveillance cell Aligarh to file a report in seven days with the police headquarters.

The probe is being conducted by the SP (city) Aligarh. The SP Sunil Kumar Singh called PVCHR team through a letter on May 18, 2011 to present before the documents related to complaint letter and register statement in his office. The documents were sent on May 18, 2011. Dr Lenin authorized Ragiv Ali (member governing body PVCHR) and Mukhatib Ali to register statement and information of the same was sent to police on May 18, 2011.

On May 20, 2011 Ragiv Ali member governing body of the PVCHR contacted cops for registering statement and a date May 23, 2011 was decided for the same. On May 23, 2011 Ragiv Ali and Mukhatib Ali got their statements recorded at the office of the SP. All the documents related to the complaint were produced to which the SP showed his consent and assured action. On June 26, 2011 in the regional convention organized in Lucknow the son of the deceased Jamshed kept his case before Anil Kumar Parashar the joint registrar of national human rights commission and focal point human right and also produced related documents.

On June 28, 2011 the matter was referred from the complaint cell to the higher authorities for investigation. On July 2, 2011 the senior superintendent of police Satyendra Veer Singh informed about the action being taken on the letter dated may 13, 2011 received from the complaint cell.

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