Alarmed by detentions of Muslim youth across the city, post-7/11 serial train blasts in Mumbai, a citizens group has sought intervention of the Maharashtra State Minorities Commission.

Eyebrows are now being raised in legal circles on the manner in which the Anti-Terrorism Squad (ATS) of Mumbai Police has gone about detaining hundreds of people in the wake of serial blasts without giving them a chance to contact their lawyers and sometimes, even their families.

“We have to understand that the Indian Constitution gives the police no ground to detain a person for more than 24 hours. Article 22 gives every citizen the fundamental right to be produced before the nearest magistrate after his arrest,” said advocate Prakash Shetty.

“Illegal detention is a practice that has been going on for years, cops pick you up and show no arrest for days on end,” he added. Alarmed by detentions of Muslim youth across the city post-July 11 serial train blasts in Mumbai’s local trains, a citizens group led by former Bombay High Court judge, H. Suresh called on the Chairman of the Maharashtra State Minorities Commission, Mohammed Naseem Siddiqui, seeking intervention.

While appraising the Commission, retired judge, H. Suresh said that not only were the detentions illegal and beyond the powers vested in hands of police by way of the Criminal Procedure Code, it was also the government’s duty to see that this ‘‘mindless and illegal’’ police action is contained.

Leading advocate, Saeed Akhtar and activist Munawar Khan presented before the Commission four persons who had been detained by the police for three to 10 days following the 7/11 blasts and gave their first person accounts. While submitting a memorandum, Akhtar told the Commission that the police was seizing any literature in Urdu or Arabic and claiming it to be ‘jihadi literature’.

Siddiqui said that he would take up the issue with Deputy Chief Minister, R. R Patil. “We are law-abiding citizens, but the whole community is being targeted with suspicion now,” said Azimuddin, 40, Mumbai president of Movement for Peace and Justice and a physician. “Every one of us is a question mark.” “Opposition to these illegal detentions has been muted because people think that it is an extraordinary crime in which hundreds have died,” said advocate Mobin Solkar. “But the detentions violate mandatory provisions of law,” he added. But Solkar had a probable explanation for these detentions. The police was afraid of getting its fingers burnt in court when it arrested the wrong people and they were later acquitted, he said, explaining why officials were first detaining and checking backgrounds before arresting.

Criminal lawyer Sushant Kunjuraman clarified that Section 161 of the Criminal Procedure Code allowed police to call suspects for questioning. “But here, too, a proper procedure must be followed. You cannot keep a person in the police station after sunset, the questioning can last for a maximum of few hours and then the person must be allowed to go back home,” he said. Lawyers also admit that it is very difficult for common people to take police to task. “Legal remedy is available but it is very difficult to prove police did any wrong,” said Kunjuraman. Security expert, B Raman opines that, ‘‘the overwhelming majority of Indian Muslims are loyal, law-abiding citizens. India has the most modern, peaceful and forward-looking Muslim community in the world."

Human Rights