Reducing police torture against Muslim: India: forced disappearance and fear of honour killing of Mehjabeen @ Medha Nagar

India: forced disappearance and fear of honour killing of Mehjabeen @ Medha Nagar

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Issue: Right to life with dignity, forced disappearance, honour killing, right to freedom of religion and choice

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17^th November, 2011

Dear Friends,

Peoples' Vigilance Committee on Human Rights, a membership based organization based in Varanasi directly came to know about this case from Mehjabeen @ Medha Nagar husband Faij ur rehman @Riyajuddin. The Hon'b High Court allowed her to go and live at a place and person of her own choice but she was forcibly taken by her father Abhay Ram Nagar from the Court. When Faij ur Rehman and Mehjabeen resisted and advocate Manoj Mishra intervened the cops then said they would release her from the Nari Niketan. Cops then took Mehjabeen to Varanasi in the car provided by Abhay Ram Nagar in which Abhay Ram Nagar and his associates were also sitting.

Case detail:

Faij ur Rehman @Riyajuddin @Raju, resident of N 15/117 D-3 Sudamapur, Police Station Bhelupura, Varanasi Uttar Pradesh, on November 02, 2011 and stated that Mehjabeen @ Medha Nagar be allowed to leave the Nari Niketan (women's home) and live at a place of her own choice http://www.scribd.com/fullscreen/72988926?access_key=key-1u5y90ncl6n8tup3dmxm

Faij ur Rehman had filed this petition with the High Court against the decision of the ACJM-2 (Varanasi court) given on 13^th September, 2011 to keep Mehjabeen in Nari Sanrakshan Grih for 30 days. But instead of following the orders from the High Court the Nari Sanrakshan Grih Shivpur, brought the victim Mehjabeen to the Varanasi court on Novmber 03, 2011 where the ACJM gave orders to keep her in the Sanrakshan Grih till November 05, 2011 and then present her before the court.

Mehjabeen pleaded before the ACJM-2 court to let her go with her husband and protect her from her father. During the proceedings some of the lawyers virtually killed the rights and choice of Mehjabeen inside the Varanasi court premises. Advocate Ajai Singh and his associates created a scene to pressurize Mehjabeen to go with her father. Faij ur Rehman and his associates were threatened to leave the court premises. It was around 4 pm that the court passed an order for Mehjabeen to be released from the Nari Niketan. Mehjabeen was taken to Nari Niketan and then set free immediately.

At the Nari Niketan Mehjabeen was forced to go (abducted) with Abhay Ram, resident of N 15/104 C, Sudamapur, Nagwa, police station Bhelupur, Varanasi, elder brother of father Ranjan Ram Nagar, a women relative of Mehjabeen who is also an advocate along with five –six other people. When Faij ur Rehman, husband of Mehjabeen, reached Nari Niketan along with Mukhtar and human rights activist Jahir Anwar they were given life threat to leave. Mehjabeen was taken away in front of Faij ur Rehman. Mehjabeen tried to protest the move but was not supported by any of the Nari NIketan staff.

Though the entire staff of the Nari Niketan was watching what happened with Mehjabeen but none of them helped her neither did they informed police about the incident. As soon as Mehjabeen was abducted from the Nari Niketan the information was immediately passed on to the police on phone number 100 by Faij ur Rehman from his cell phone number 9307202820 at around 5.20 pm. But the personnel on duty on the phone number 100 told Faij ur Rehman to "go to police station" and inform about the incident.

Faij ur Rehman then informed human rights worker Mrityunjay Rai, who reached Nari Niketan to enquire. But the staff there not only abused both but even threatened to cool them down (brutal beating) and hand over to police if they did not left the place immediately. Once again at 5.32 pm Faij ur rehman informed cops about the kidnapping of his wife on phone number 100 from the cell phone number 7376556306. This time the phone was kept on hold.

When Rukhsana the mother–in-law of Mehjabeen went to the Bajardiha police out post to lodge a complaint regarding the kidnapping she was asked to report the matter to the Bhelupura police station. When she reached the Bhelupura police station and asked for an FIR in the kidnapping case the cops on duty said that "it was good that the girl was taken away by her father" and if she insisted she would be put behind bars.

Faij ur Rehman made an attempt to send fax information to the DIG Varanasi but he was told to come to the office and file a complaint. At the DIG office both Faij ur Rehman and Mrityunjay Rai gave the information at 9 pm and also gave copies of the orders from the High Court Allahabad dated November 02, 2011 and order from the Varanasi court dated September 13, 2011 along with the letter of complaint. The DIG Ram Kumar gave order to the Bhelupur police to take action but the cops did not took any action till November 11, 2011.

There is a need for a magistrate probe in to the role of police department, district level advocates and honourable judges in the case of Mehjabeen's @ Medha Nagar's change of religion, love marriage and kidnapping. The probe will protest the rights of a woman belonging to the minority community and will ensure others like Mehjabeen do not suffer.

More information:

· Mehjabeen had left her family religion Hinduism and adopted Islam on July 27, 2011. She had informed about the change of religion to the district magistrate by a registered post on August 17, 2011 and to the general public on August 07, 2011 through a newspaper advertisement. (copy attached)

· When Mehjabeen expressed her wish to adopt Islam and marry a Muslim youth Faij ur rehman, the father Abhay Ram Nagar started physical and mental torture of Mehjabeen. Upset with the attitude of her father Mehjabeen left her house on August 21, 2011 and went to Bajardiha police out post for help but could not get any help.

· On the evening of August 21, 2011 Faij ur rehman son of Liyakat Gani a resident of house number N 15/117-D-3 Sudamapur, Bajardiha, police station Bhelupur, District Varanasi got married (Nikah) as per the Muslim rituals with Mehjabeen.

· On being harassed by the in charge of the Bajardiha police out post the family members of Faij ur rehman approached the PVCHR

· The PVCHR informed on August 23, 2011 to the National Human Rights Commission, Director IG, District Magistrate, IG, station house officer Bhelupur about the change of religion and marriage (Nikah) of Mehjabeen

· On August 24, 2011 Mehjabeen forwarded a note regarding her change of religion, security threat from her father to the National Human Right Commission, DIG, DGP (Uttar Pradesh), police station Bhelupur

· On August 24, 2011 the Bhelupur police registered a FIR against Faij ur rehman, his father and mother for abduction of Mehjabeen, though Mehjabeen had on August 21, 2011, informed about her Nikah and atrocities from her father. Abhay Ram Nagar had sent his FIR by post on August 22, 2011

· On August 27, 2011 the human rights workers Jahir Anwar who was helping in the Mahjabeen case was detained

· When the National Human Rights Commission, New Delhi intervened Jahir was left at midnight

· Mehjabeen was detained by the Bhelupur police on the intervening night of August 27/28, 2011 at around 12.30 am from one of her relative's place. There was no female cop with the police team when they lifted Mehjabeen and she was kept in the police station for the whole night.

· When human rights worker Mrityunjay Rai spoke to the case in charge Raghav Ram Mishra and asked him about the information regarding Mehjabeen's Nikah and change of religion given in advance to the police the case in charge said the investigation will be done only upon the basis of the FIR filed by Mehjabeen's father. When the officer was asked about the statement of Mehjabeen and her appearance in the court the officer disconnected the call

· Mehjabeen was mentally tortured in the police custody by her father. Though she never wanted to speak to him by her father continuously tried to persuade her

· In the name of investigation and police custody Mehjabeen was kept in Bhelupur police station and district women police station for a week. Her statement in this period was not given any heed by the police and instead they pressurized her to give statement against Faij ur rehman

· August 30, 2011 Faij ur rehman gave an application in the court to bring report on the case. Thereafter police presented Mehjabeen in the court on September 03, 2011

· Police imposed section 376 in addition to the previous sections 236, 366 and 506 despite the papres regarding change of religion and Nikah were submitted. They simply ignored those documents.

· Before the honourable court Mehjabeen gave statement under section 164 and told about her being an adult, change of religion as per her wish, marriage as per her wish and also rubbished all the allegations put up by Abhay Ram Nagar against her and Faij ur rehman. But the court ordered her to be kept in Nari Niketan.

· On September 07, 2011 Mahjabeen again gave application to the court to allow her to go with her husband and live with him.

· On September 13, 2011 the judge gave order to keep Mehjabeen in Nari Niketan for 30 days despite Mehjabeen pleaded before the judge to allow her to go with her husband

· On September 19, 2011 Faij ur rehman filed a writ petition before the high court Allahabad against the decision of the Varanasi court

· The judge at the high court gave order on November 02, 2011 to set free Mehjabeen and allow her to go and live at a place and person of her own choice.

· Mehjabeen wanted to go with her husband but her father Abhay Ram Nagar wanted to take her with him forcibly from the court premises . When Faij ur rehman and Mehjabeen resisted and advocate Manoj Mishra intervened the cops then said they would release her from the Nari Niketan.

· Cops then took Mehjabeen to Varanasi in the car provided by Abhay Ram Nagar in which Abhay Ram Nagar and his associates were also sitting

· Faij ur rehman informed about the incident to the DIG Varanasi through telegram on November 02, 2011 and pleaded for security

· Despite clear orders from the high court the Nari Niketan officials presented Mehjabeen before the court on November 03, 2011

· The Varanasi court ordered for release of Mehjabeen on November 05, 2011 in the evening around 4 but ignored the plea of Mahjabeen to allow her to go with her husband

· Lack of security arrangements that was demanded from the local administration allowed Abhay Ram Nagar to kidnap Mehjabeen as soon as she was set free

· Despite information the Varanasi police is not working on the information of abduction

With the above details it is clear that despite prior information was sent to them by Mehjabeen regarding her change of religion on her own wish and her Nikah with Faij ur rehman but the cops followed and worked only on the basis of the FIR filed by her father Abhay Ram Nagar. Honourable ACJM 2 also violated the section 21 of the constitution of India be keeping Mehjabeen in Nari Niketan for two months after ignoring statement of Mehjabeen under section 164, her applications, the applications filed by Faij ur rehman and his family members. The decision by the Varanasi police and ACJM 2 and the acts done inside the court premises by the advocates of Abhay Ram Nagar are also unconstitutional. In the entire case a high level probe is required keeping in view the acts by Varanasi police and what happened in the court premise.

It is worth mentioning that in such cases there are considerable chances of 'honour killing.' Therefore we request for a speedy probe and recovery of Mehjabeen and security of her in laws family. A probe to punish the guilty and compensation of Rs 5 lakh to Mehjabeen for the mental and physical torture with her at the Nari Niketan should be given.

Please write letter to given below person to save the life of Mehjabeen alias Medha Nagar.

Chief Justice of India
Through the Office of the Registrar General
Supreme Court of India
1 Tilak Marg, New Delhi
INDIA
Fax: +91 11 2338 3792
E-mail: supremecourt@nic.in

Chief Justice

High Court

Allahabad, Uttar Pradesh

PBX : 0532-2422335, 2422336, 2422337, 2421611-18

Fax No. : 0532-2420152 (Registrar General)

Fax No. : 0532-2421742 (PPS to Hon. CJ)

Email: cj@allahabadhighcourt.in

Ms. Mayawati

Chief Minister

Chief Minister's Secretariat

Lucknow

Uttar Pradesh