Over 150 Muslim men who were arrested for their alleged role in a rioting incident that occurred in Akola city in north-central Maharashtra in May this year have a unique dilemma before them. On securing bail from the magistrate court, the Akola city police have allegedly asked the individuals to furnish guarantors from the Hindu community as surety. This demand, both unconstitutional and illegal and criticised by the Bombay high court on several instances in the past, is apparently a common practice in Akola.
M. Badar, a lawyer associated with the human rights organisation the Association for Protection of Civil Rights (APCR) who is representing many of those arrested in the case, told The Wire that as soon as the Muslim men were granted bail by the magistrate court, they were all lined up before the local crime branch. “Here, depending upon their criminal antecedents, the police-initiated Chapter Proceedings or preventive action as prescribed under the Code of Criminal Procedure,” he said.
“Each of the accused persons was then told to get individuals belonging to the Hindu community to vouch for them as a surety before the police,” Badar shared. These sureties, Badar added, would cost these individuals anything between Rs 5,000 to Rs 6,000, something that most accused persons can’t afford. The police have, however, not given their demand in writing – making it difficult for the lawyers to immediately move the court, Badar said.
“Whether affordable or not, this demand of furnishing surety from a certain community is an absurd act,” Badar pointed out, adding that high court orders have already termed such a police action as unconstitutional and illegal.
Sandeep Ghuge, the Akola superintendent of police, however, denied the claims made by lawyers and those arrested in the case. “How can we demand anyone to get guarantors from a particular community?” Ghuge replied when asked for his comment. When The Wire asked if his office has initiated an inquiry to ascertain the truth in the allegations, he said, “It is not needed. The police aren’t doing any of this. So, we are not checking.”
The rioting incident
On May 13, following an Instagram post by one Karan Sahu, a leader of the radical right-wing group in Akola ‘Chhatrapati Sena’, a tense situation developed in the city. Sahu, who has a massive following on all social media platforms, uploaded a post on Instagram deriding the Muslim community and Prophet Mohammed. In no time, the post garnered thousands of likes and his followers began sharing it on their handles too. By late evening, the Instagram post had reached many in the Muslim community and the community leaders had decided to approach the nearby Ramdaspeth police station.
In all, the police registered six FIRs in two different police stations in Akola city. While the FIRs essentially carry sections of rioting and destruction to public property, sections of murder have also been added following the death of one youth. The youth, identified as Vilas Gaikwad, was allegedly killed after a mob had mistaken him for a Muslim man. One of the eyewitnesses told The Wire that Gaikwad was driving an auto that had “KGN” inscribed on it. KGN stands for Khwaja Gharib Nawaz, also known as Khwaja Moinuddin Chishti – a revered Islamic scholar.
While around 150 Muslim men were arrested, less than 10 persons from the Hindu community have been arrested for their alleged role in the rioting incident.
The arrest patterns and the magistrate court order
Lawyers handling the rioting cases have pointed to the manner in which most arrests were carried out by the police. “Most accused persons had no role to play in the riot. There is no CCTV footage or mobile grabs to support the police’s claim that they were present at the rioting spot. Still, they were arrested,” said advocate Faizan Khan, who managed to get over a dozen men released on bail in the past few weeks.
Khan said individuals who were not in the city at the time of the riot were also arrested. “The police arrested one person who was some 60 kilometres away from Akola city on May 13. He entered the city and only then he found out that the local administration has imposed a curfew. By the time he found out, it was too late. The police had already arrested him in the case,” Khan added.
The local magistrate court has released close to 110 persons on bail. In the bail order, the court has specifically identified that their further custody is not required for the police to carry out the investigation. Yet, the police have initiated chapter proceedings against them and are seeking additional action against them.
Advocate Badar shared with The Wire that he has already written to the local crime branch and the superintendent of police and pointed out that their move is unconstitutional. “I have also directed my clients to submit in writing that they can’t furnish guarantors from the Hindu community. And if the police want, they can initiate a proceeding against them. Which we will then challenge before the high court,” Badar says.