*Whither Community Profiling ?*

-subhash gatade





Adam Goldman, a journalist who with the help of his colleague Matt Apuzzo
first broke the story about New York Police Department's Muslim Spy
Programme in a series of articles he wrote for Associated Press must be a
happy man these days.

News has come in that NYPD (New York Police Department) has finally decided
to disband its DemographicUnit which was engaged in spying on Muslim
neighborhoods, infiltrating groups and eavesdropping on conversations
across the northeastern United States, In the years following the Sept. 11
attacks. It has finally admitted that its secret Demographics Unit failed
to yield a single terrorism investigation or even a single lead. Senior
police officers of the department confirmed that the police gathered
information on people even when there was no evidence of wrongdoing, simply
because of their ethnicity and native language.

It was quite a coincidence that when the world at large was discussing how
NYPD tried to stigmatise a community and terrorise a people, reports about
the 'informer-cop nexus behind Islamic Fundamentalism in Tamil Nadu'. (
http://www.newindianexpress.com/states/tamil_nadu/Informer-Cop-Nexus-Behind-TN-Islamic-Fundamentalism/2014/04/11/article216)
were already making rounds. What is important to note here is that a (retd)
senior police officers confidential correspondence with higher officials
formed a key evidence in this unfolding drama.

Not very many people would remember today that during Lal Krishna Advani's
tour of Tamil Nadu in the year 2011 police had discovered a plot to cause
mayhem supposedly by Islamic militants. It was told that pipe bombs were
discovered on the route which Advani's cavalcade was to follow. Police had
even arrested two 'terrorists' Syed Wahab and Ismath and presented them
before the media.

A petition before the Madras Highcourt which has sought a CBI probe into
the various bomb planting cases in Madurai alleging that the real accused
were not arrested is revisiting this particular high profile case as well.
Madras Highcourt ( Madurai bench) is expected to give its opinion on the 21
st April.The said letters written by former Madurai SP V Balakrishnan to
the DGP and Additional DGP in March and August 2013 and were presented
before the court in the second week of April.

According to Balakrishnan police informers belonging to the Muslim
community were themselves indulging in subversive activities by abusing the
faith the police had placed on them and also due to their alleged nexus
with some corrupt intelligence sleuths.

"To buttress this contention, Balakrishnan in a letter to the DGP dated
March 29, 2013 pointed to a case registered by the Avaniyapuram police
against Syed Wahab and Ismath relating to a case of extortion. Of them,
Ismath, who was an informer for the City Intelligence unit, was involved in
the Advani pipe bomb planting case. Also, Vijaya Perumal, a head constable
attached to the Madurai City Intelligence Wing, had joined hands with Wahab
and conducted kangaroo courts settling controversial real estate dealings.

Balakrishnan had in another letter written to the Additional DGP on August
23, 2013 strongly objected to the transfer of an Inspector of the SIT who
was probing cases related to bombs planted by Islamic fundamentalists in
the temple town. He feared that the transfer of Inspector Madasamy would
embolden fundamentalists to carry on with their subversive activities."

Definitely this could not be said to be the first investigation of its kind
where the role of the police and investigating agencies has come under a
scanner. There are n number of cases where law and order people have badly
fumbled and have received enough opprobrium from the judiciary. Not some
time ago ' Jamia Teachers Solidarity Association' had brought out a report
'Framed, Damned and Acquitted' which looks at the operations of the Special
Cell of the Delhi police, the stereotypical manner in which they conducted
investigations in cases arresting Muslims for being part of terrorist
outfits and how in most of these cases the accused were acquitted by the
courts.

The developments in the Malegaon bomb blast case 2006 where a terror module
of RSS workers was finally chargesheeted, was also a pointer to the
prejudices entertained by the police and the role of informers in helping
people nab innocents. One still remembers the bomb explosions in Malegaon
on the day of Shab-e-Barat (Sep 2006) and the manner in which nine Muslim
youth were apprehended and had to spend more than five years behind jail
because of biased investigation. Here also role of one Abrar Ahmad had
proved crucial - who worked for the police - who had provided 'evidence'
against these nine youth. Later he had submitted an affidavit before the
court recounting the false evidence.

We have n number of such examples where the actual perpetrators were never
caught and innocents were apprehended, tortured badly and asked to
‘confess’ a crime which they had not committed.

Or refer to the expose by Ashish Khaitan (www.gulail.com) which has
unearthed

“.[i]nternal documents from more than half a dozen anti-terror agencies
that show that the State has been knowingly prosecuting innocent Muslims
for terror cases and keeping the evidence of their innocence from the
courts...”

In a press conference held in Mumbai he had presented his investigation and
had even screened a film with candid interviews of accused Muslim men. He
has even sent a letter petition to the Bombay high court with nearly 400
pages of evidence in the form of official investigation and interrogation
reports of the accused men and other documents which clearly indicate huge
discrepancies. According to him his research into the July 11, 2006, train
blasts, the Malegaon 2006 blasts and the Pune German Bakery blasts of
February 2010 showed that the ATS has deliberately created bogus evidence,
extracted false confessions by the most inhuman torture, planted explosives
in the houses of the young men and implicated innocent youth. In the name
of internal security, the ATS and other agencies were misleading the
courts.According to a report which appeared in a section of the media

..Khetan said he wasn’t out to prove anyone’s guilt but expose the farcical
criminal investigation which also reflected deepset anti Muslim prejudice.
What is serious is that one of these men Himayat Baig has been given the
death sentence for the Pune German Bakery blasts when clearly police had
found evidence of another man’s involvement. The case of Qateel Sheikh who
died in a high security Pune prison just before he was to testify in a
Delhi court is not longer a mystery going by what Khetan’s documents show.
The ATS arrested Himayat Baig from Udgir and claimed he had carried out the
German Bakery blast. However, a year later the Delhi police arrested Qatil
Siddiqui and Interrogation Reports obtained by Khetan show he is linked to
the Pune blast. These reports were not produced in the court which finally
gave Baig the death sentence. Police then tweaked reports to show Sheikh’s
involvement in another case.

Presenting all the facts, Khetan has asked the high court to order an
independent commission of inquiry into the conduct of the investigating
officers, action against officers guilty of violations and relief for the
victims of such operations.

(
http://www.thehindu.com/news/national/other-states/from-stenography-to-journalismashish-khetan/article4739935.ece
)

It has been more than six years that Vanzara, ex DIG of Gujarat is
languishing in jail for his alleged role in the encounter killings which
saw 15 deaths. All these killings followed a very similar pattern. May it
be the case of Ishrat Jahan, the student from Bombay or Sameer Khan Pathan
or for that matter Mr Soharabuddin, all these encounters took place at
night wherein none from the police force received any injuries, despite the
'terrorists' being armed with 'latest automatic weapons' (as was announced
later) and the rationale provided for these killings was that they had come
to kill Mr Modi and his other colleagues from the Hindutva brigade.

Last year his ten page resignation letter had made headlines. Commenting on
the unprecedented situation wherein more than thirty officers working with
him were now in jail - which includes few officers of the IPS rank also -
he maintained that between 2002 and 2007, he and other officers of his ilk

"simply acted and performed their duties in compliance of the conscious
policy of this government"

and yet his political bosses betrayed him. The letter targetted Narendra
Modi- Amit Shah - who handled the home portfolio then- duo for their
continuous neglect of these police officers who were just implementing the
policies formulated at higher level and demanded that the policy
formulators should also be questioned and punished.

According to him

..the CBI investigation officers of all the four encounter cases of
Sohrabuddin (Sheikh), Tulasiram (Prajapati), Sadiq Jamal and Ishrat Jahan
have to arrest the policy formulators also as we, being field officers,
have simply implemented the conscious policy of this government, which was
inspiring, guiding and monitoring our actions from very close quarters… I’m
of the firm opinion that the place of this government, instead of being in
Gandhinangar, should either be at Taloja Central Prison in Navi Mumbai or
at Sabarmati Central Prison in Ahmedabad.”

(Excerpts of the letter sent)

As an aside it may be mentioned here that when the Ishrat Jahan
investigation was on, it was reported that the CBI has evidence on tape
where one of the accused police officers in this particular case has
claimed that Vanzara had told them that both Safed Dadhi (White beard,
alluding to Modi) and Kali Dadhi ( Black beard, alluding to Shah) were in
the know of things.

Coming back to NYPD's decision to shut the unit, an activist notes the NYPD
people just "[d]idn’t wake up in the morning and decide to be nice to
Muslims. " And he adds it need be remembered that it took years of advocacy
work, reports in the media exposing the veil on the secretive program that
was being conducted without any public information, years of activism from
members of the American Muslim community and its allies. It included
courageous plaintiffs who took great risks to sue the New York Police
Department in a lawsuit, Raza v. The City of New York. and also included
public pressure, rallies, joining coalitions with the folks working on
stop-and-frisk to show that the New York Police Department has been
conducting discriminatory police practices against many communities of
color, including political activists.

Perhaps a hint to everyone who is part of the democratic movement elsewhere
to persist and expose the machinations of the police and the powers that be
to stigmatise a whole community and consider everyone of its  members a
suspect.

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