Quash PASA against detained Muslim Youth! Punish Police for illegal custodial torture!

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Former NSUI[National Students Union of India] Vadodara District President and Maharaja Sayajirao University of Baroda student leader Zubair Pathan was arrested by Sayajigunj Police Station officers [Vadodara] as media and right wing student organizations fuelled the propaganda stories of ''Love Jihad" against him. 

Pathan was produced before a judge on April 27, but as none of the sections attracted the requirement of custody thus Pathan got bail. But he was once again asked to present himself at the Sayagunj Police Station under section 151 (Assembly of five or more persons after being asked to disperse). He was told he will be produced before an Executive Magistrate but that didn’t happen. Instead two members of the Gujarat Crime Branch turned up and took Pathan away on a bike[without proper sanctions] to the crime branch where they physically assaulted him, humiliated him and recorded a video where he confessed to being a goonda. He was forced to make this confession at gun-point. Crime Branch tried to link Zubair with Islamist terrorist organizations. This video was shared by Crime branch with media against Supreme Court guidelines.

This not only compromised his rights but also led public to deliver verdict/mass mandate before he could be judicially tried. 

When his health deteriorated severely, he was taken to the SSG Hospital by 108EMRI Emergency van[as his lawyer called the 108 government ambulance van] and kept in the emergency ward. Speaking to media persons after being brought to the hospital on April 29, Pathan said, “I was picked up from the Sayajigunj Police Station by two Crime Branch men and taken into a closed room at the Crime Branch. There I was beaten and asked to produce a passport. They accused me of being a terrorist. Then they forced me at gun point to confess that I was a goonda and like harassing women.” Pathan further accused Police of defaming Muslim community, policemen kept saying,”Have miyaaon karse netagiri, ane badha Miyaaon lukhaj hoye chhe.” (Will now Muslims do politics here? All Muslims are like that…goondas.) Magistrate didn’t even allow medical custody under CrPc 53, 54, 55.

Now, the police have booked him afresh on charges under the Prevention of Anti-Social Activities Act (PASA). On April 30, Pathan was picked up from the hospital and sent to Bhuj Central Jail after PASA was slapped. This is seen as a political conspiracy as Home Minister allegedly directed local Police to anyhow detain Zubair Pathan, a minority.

We request the NHRC Chairman to look into this heinous crime where the human rights of the accused stand curtailed. The IPC Sections 143, 147, 149, 246(KH), 506(2) applied against him aren’t generally considered under PASA Act. Magistrate didn’t even allow medical custody under CrPc 53, 54, 55

We request NHRC to probe police brutality and suspend the officers responsible for this, and to try Zubair Pathan neutrally.