Malegaon 2006: Where do we go from here?

As Prof Sayyad Abdul Rehman Geelani said on his release “The acquittal of an innocent man is not an occasion of celebration but a cause for reflection.” He was falsely implicated in the 2001 Parliament attack case. When the nine wrongly but definitely deliberately and cynically accused in Malegaon 2006 blast case come out of prison there is need for a crusade to unearth the truth of the perpetrators and more importantly the heinous game of framing up that the police actively undertook. At whose behest did the police in Malegaon undertake this criminal course of action?
The police in Malegaon were well aware of what was going to happen on September 8, 2006. The superintendent of police of Malegaon Anil Kumbhare had warned dire consequences when Dr Farog Magdumi engaged him with request to remove police barricade so that the people of his area could go for buying medicine. That was on Wednesday September 6, when the Ganesh immersion was in progress. The police chief thundered at the medico that he would know it on Friday. Vijay Salaskar, slain along with Hemant Karkare, was sitting in Kurla police station when the news of the blasts came. He became jubilant and told the people there that this time the Hindus have taken revenge. How did he know with surety that it was the work of Hindus?

This is by no means wild allegations against the police. Reports from Hyderabad, Ajmer, Delhi and Kashmir and many other places reveal a macabre pattern of framing Muslim youths in false cases and destroying their youth and livelihood as well as pillorying the whole community.

Noorulhodha Samshuduha was the first accused arrested after the blasts in Malegaon in 2006. A look into his record shows that the police played a proactive role in framing an innocent person.

(1)He was first arrested by Inspector Daima of Nasik crime branch on August 18, 2001. No communal riots had taken place for more than last nine years. The next communal riot that broke out was on October 26, 2001. This is important in the sense that the local police under additional superintendent of police Rajwardhan was going to write in their charge sheet that 2006 bombs were exploded by Muslims to take revenge of their heavy casualties in 2001 riots. Noorulhodha was about 17, a minor. During interrogation the police could not find anything against him. Even so he had to spend seven days in jail before the judge acquitted him.

(2) On September 27, 2001 he was again taken away by four policemen, one of them was Sheikh Rafiq. On reaching Azad Nagar police station PI Hiraman Kankare started abusing him and put him in lock up. Next day the court sent him to prison for nine days without any investigation being made. On October 1 he was again acquitted of all charges. This time he was charged with protesting against the ban on Students Islamic Movement of India. He denies that he ever protested or knew about it.

(3) He was coming out of the gate of the prison when the police again arrested him under section 110 and was given bail. The police would, however, arrest him again on days of Hindu festivals, and of course, December 6 Babri anniversary.

(4) On May 13, 2006 he was arrested for arms haul cases of Aurangabad and Malegaon. He had nothing to do with either. After he spent ten days in Nasik prison he was released on May 23rd. This did not mean freedom to him. PI Nasir Hameed Sheikh of Azad Nager police station sent havaldar Rafiq for him and abused him profusely: “It is better for you to leave Malegaon, rather Maharashtra itself, otherwise we shall shoot you or after implicating you in some big case, will put you in jail for the whole of your life.” This ominous threat did not wait for long for the “some big case”. Rather two of them came handy for the police.

(5) On the heels of the 7/11 blasts in Mumbai local trains the havaldars swung into action and arrested Noorulhodha and handed him over to the Ghatkoper (Mumbai) police. He was held in illegal detention for ten days. He went through excruciating torture and abuse and also the same threat that he would be implicated in 7/11 attacks. But he was released on August 14, 2006.

But his nemesis Nasir Hameed Sheikh and Rafiq Sheikh did not wait for long when they pounced upon him. They called him to Azad Nager police station and Nasir again threatened him, “to implicate me in some serious case”. The cop bewailed “every time you come out safely!”

On September 14, 2006 the police took him to City Police Station where Inspector Malgaonkar (LLB, Nasik) asked him while torturing: “Why are you keeping a beard? You are still young and also offer namaz five times a day, don kurta, pyjama, and cap. There are many other Muslim youths of your age but they do not do that and why you do all that. You are a hardcore and fanatic Muslim.” Then he was left to go home. It was 8 at night. No sooner did be reach home when he was called back and this time there were Inspector Malgaonkar, Inspector Desai, Inspector Karan Kabadi, ATS Inspector Sachin Kadam, Inspector Awari and havaldar Patil. They tortured him breathing down upon his neck saying, “You are a hard core Muslim. We will see you.” After midnight he came out of the hell.

(6) On October 8 he was again at police station at their bidding. A harrowing day of torture followed. Then he landed in the police lock up. In the morning of October 9 Inspector Nasir came to his cell and with the smile of a villain remarked “I had already told you to go away from Malegaon, otherwise we will shoot you or will implicate you in some big case.” That is how the long day’s journey into the darkness of Indian prison began for Noorulhodha and it has not ended yet.
Much water has flowed down the Mosom river of Malegaon. His parents have aged with grief and infirmity. His bride of a few weeks has transformed into a distraught woman victim of destiny that has extinguished hope for her future. The long five years of imprisonment have taken a heavy toll on so many in the family.


To forestall any such repetition of police atrocity and implication of innocents in crime they have never committed there are two ways forking ahead. There is need for urgent punishment seen to be given to the cops who had hoodwinked at the laws of the land and illegally arrested the innocent. They must be fined and from it the victims paid compensation. In case it is not feasible because of political polarization of those in power and at the helms of affair who halfheartedly try to bring justice to Muslims and the opponents who consider even this as “appeasement” there is need for the Muslims to be allowed to take their grievance to the United Nations under the optional protocols. Such a proposal was made by the writer at the World Conference on human rights at Bhopal’s Sir Barkatulla University and Paud (near Pune) International conference on Women and their rights. There is also ground for exploring it given the hosts of cases where the community has been targeted and justice denied.