The clampdown of the Uttar Pradesh police against the Muslim community has now extended to those who have not taken part in the ongoing protests. In three villages located less than 30km from Lucknow, at least 100 Muslim men have been made to furnish a bond of Rs50,000 each under Section 107/116 of the Criminal Procedure Code, which virtually serves as an assurance that they will not participate in any protest. They will have to appear in court every fortnight or so for at least the next six months.
The section is meant to be a preventive measure: it is invoked by an Executive Magistrate against anyone under his jurisdiction who could pose a reasonable threat to the peace. He is supposed to do this after receiving information and forming an opinion that there is substantial ground for proceeding against the individual. Its invocation on a mass scale against those who have never violated the law in the past has come as a shock to the residents of these villages.
“Please don’t reveal our names but can you find out why the Muslims of this village are being treated like criminals,” asked a man in his early twenties, a resident of Kamlabad Badhauli vllage, who has been made to furnish a bond. He is preparing for the state public service commission exams. He pointed to a picture of the former governor of Uttar Pradesh, Ram Naik, awarding honours to his elder brother, a university topper – the brother too has been charged.
It is yet unclear how widespread the application of this section has been against the rural Muslim population of the state.
No one spared, from old to young
In the village of Kamlabad Badhauli, 20km from Lucknow, it was bitterly cold at 7pm on Thursday. A group of men sat huddled around the fire, too scared to speak to a journalist, yet desperate to be heard.
Among them were daily wagers, educated youth preparing for various entrance exams, a man employed in a shoe shop, two old men nearing seventy, and a young boy. All of them had been served notices under Section 107/116 of the CrPC. Thirty-seven men from 20 of the 25 Muslim families in the village had been issued these notices, in some cases all the male members of a family.
The residents of Kamlabad Badhauli told Scroll.in that on December 19, even as protests broke out in Lucknow to be followed by a brutal police crackdown, the day passed off normally in the village. No one from the village had gone for the protests, at least none of the 37 who have been served notices.
According to them, the first they heard of these notices was when on December 23, Vishnu Kumar, a chowkidar, was ordered by the local police station to go door to door with a list of names and addresses of the men charged under Section 107/116 of CrPC. They were asked to sign against their names but none of them realised what had transpired until December 26 when they were told they had to appear in court. It is then that they consulted a lawyer.
To make matters worse, it is not clear whether these charges will result in a criminal record being entered against their name. For many of the young men preparing for examinations and looking for government jobs, this has become an additional source of anxiety.
While charges under preventive sections do not amount to a conviction, and ordinarily should not amount to a criminal record, there are conflicting legal opinions about this. A judgement of the Chhattisgarh High Court has held that proceedings under Section 107 of CrPC make a person unfit for government employment.
Even without a criminal record, the men who have been served notices as potential troublemakers could become easy suspects, even fodder, for the next time the police wanted to pick up anyone for any perceived crime or breach of peace, said a lawyer.
Worse, notices under Section 107 of the Criminal Procedure Code allow a magistrate to order the arrest of an individual if he is convinced that only an arrest could avoid breach of peace. In the past, the Supreme Court and several High Courts have admonished the police for keeping people in jail for months using Section 107 and without registering any criminal case.