CJP demands justice for Mohammad Faisal Husain, who is a victim of both a hate crime and police brutality

On Friday, May 21, Mohammed Faisal Hussain, a teenager was killed, allegedly after being thrashed by policemen who had taken him in custody for violating a ‘corona curfew’. The tragedy has thrown his family, already suffering due to the lockdown, into deep mourning.

What is as shocking as the killing itself, is the silence of the Uttar Pradesh government on this incident, and even worse the lack of outrage in civil society. Is it because the victim here was a teenaged Muslim boy, a vegetable vendor, and that the accused who mercilessly thrashed him, allegedly in police custody, are policemen?

Who is the victim?

Mohammad Faisal Husain, a 17-year-old boy who sold potatoes for a living was killed for allegedly violating the ‘corona curfew’ in Unnao, Uttar Pradesh. The boy was selling vegetables outside his house in Bangarmau town in Unnao, according to multiple news reports, he was then picked up by the cops, taken to the local police station and allegedly assaulted. His condition soon deteriorated and he was rushed to the Community Health Centre. He was declared dead. According to The Wire, his post mortem showed 14 injuries including injuries on the head that suggested someone attempted to crush his skull, confirming police brutality. 

What did the police do next?

According to the Unnao police, two police constables were subsequently suspended and a case has been registered against them, and the third person, a Home Guard, has been dismissed from service. The three police officials identified as Constables Vijay Choudhary and Seemavat, and Home Guard Satya Prakash have been charged with murder.

What new details have emerged?

According to media reports, the CCTV footage from Bangarmau Police Station in Unnao shows Faisal “being dragged by some unidentified people as he struggles to walk or stand”. On Saturday, the postmortem put the cause of his death as “head injury.” According to the Indian Express the autopsy “also found a severe injury behind Hussain’s ear and at least 12 contusions on his body.” In an obvious bid to cover up their own criminal culpability, the police had initially said Faisal had “prima facie died of a heart attack.”

Violations

Media reports suggest that he was slapped by the police and taken to the police station to torture him further. He was eventually taken to the Community Health Centre when his health suddenly began to deteriorate, and was declared dead by the doctors. These brutal acts attract the Indian Penal Code sections 302 (Punishment for murder), 342 (punishment for wrongful confinement), 325 (voluntarily causing grievous hurt), 323 (punishment for voluntarily causing hurt) and 350 (criminal force). The actions are criminal assault, custodial torture and murder.

What does Faisal’s family want?

Faisal is being mourned by his mother Naseema Bano 52, father Islam Hussain, sisters Khushnuma, 28 and Rehnuma, 32 and brother Mohammad Sufiyan, 21. They have not just lost their teenaged son, they have also lost their sole breadwinner. Faisal’s father is unwell and has asthma, his brother Sufiyan has a disability. Those supporting the family say the victim’s kin must be given a job and adequate compensation. According to media reports, the family has demanded at least Rs 1 crore as compensation and a government job.

The Indian Express quotes Sub-Divisional Magistrate (SDM), Bangarmau, Dinesh Kumar saying, “We will send the proposal to the Chief Minister’s Office as the final decision has to be taken by the state government.”

Where is the public outrage?

The death was reported in the media, but barring a few, there has been no political reaction, no demand made that the UP government take cognisance of the excesses by police and administration on common citizens out for essential work during the curfew. It was left to the citizens of the area to come and stand in solidarity with the boy's family, as they protested at Lucknow road crossing against the police brutality on Friday night. The police ‘assured’ them that action will be taken. However, more needs to be done than booking, and suspending the accused cops.

Not long ago, the custodial torture and eventual death of P. Jayaraj and his son J. Benicks, at the Sathankulam police station, Tamil Nadu shocked the entire nation, compelling the High Court to take suo motu cognisance of the matter. It is safe to say that the administration enjoys impunity and there is a dire need to ensure police accountability. Despite the Supreme Court ruling to instal CCTV cameras in police stations and other investigation agencies to curb torture, police brutality has become routine in the system.

Say NO to Hate Crime, Say No to Custodial Killings!

CJP through this petition demands that UP Chief Minister Yogi Adityanath takes moral responsibility for what is happening inside police stations in his state. We also demand speedy compensation for Faizal’s family and that the cops are charged under appropriate sections and tried.