Law student files petition with NCM

Detention of Kashmiri students

ZAHID MAQBOOL

Srinagar, May 28: After arrest of two Kashmiri boys allegedly by Uttar Pradesh Anti Terrorism Squad (ATS), a law student from Delhi has sough intervention of National Commission for Minorities (NCM) over the illegal detention.
 The petitioner has urged NCM to immediately issue notice and seek a factual report from the Uttar Pradesh Government on the arrests order an inquiry into the incident.
 The petitioner Shehzad Poonawalla, a law student at Indian law Institute has further asked the NCM to look for truth behind these illegal arrests and detentions.
 The two boys Sajjad Ahmad Bhat and Wasim Ahmad Bhat, students of Jamiat-ul-Falah were allegedly picked by UP police on May 24 from Kaifiyat Express at Aligarh Railway station.
 The family of the duo hailing from Tarzoo area of Sopore in north Kashmir had told Greater Kashmir that the boys were pursuing religious education in UP.  “Sajjad was not well for the past few days. He had left along with his cousin Wasim for home on May 23. We were hoping that they will return shortly. But we were shocked to learn this morning that they have been detained by UP police,” Sajjad’s father Ghulam Rasool Bhat said.
 The petitioner has also asked the NCM to take notice of why the duo was not produced before the court and why their family had  not been informed about their arrests. “Why they have not informed any family, friend, guardian or the administration of Jamiatul Falah Madrasa about the arrest/detention of the students,” the petitioner said.
 Poonawalla has also requested NCM to look into the gross violation of provisions of Criminal Procedure Code (CrPC).
 “This is in gross violation of the provisions of the Criminal Procedure Code (CrPC) which requires a arrest memorandum to be prepared immediately by the Police on arrest and to be countersigned by the accused, an accused has to be presented before a Magistrate within 24 hours of arrest and the relatives of the accused have to be informed about the arrest,” the petition states.
 Petitioner has termed the action of UP ATS as violation of Right to equality before law.
 ‘Article 14 of the Indian Constitution guarantees Right to Equality before the law. But in this case the fact  is that the students belong to the minority community and hail from the state of Jammu and Kashmir, which has led to an excessively harsh treatment being meted out to them,” the petition adds.
 Poonawalla has also demanded an investigation by a professional and unbiased agency about the accusations leveled by the ATS.
 Poonawalla has also asked the NCB to direct the NCB to come out with a white paper on all such similar cases of deprivation of rights of minorities over the past 10 years and direct it to take steps to prevent such further occurrences.

Lastupdate on : Mon, 28 May 2012 21:30:00 Makkah time
Lastupdate on : Mon, 28 May 2012 18:30:00 GMT
Lastupdate on : Tue, 29 May 2012 00:00:00 IST




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