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Mr. Iftikhar Gilani’s complaint to Justice Katju

 

To

Justice Markandey Katju
Hon’ble Chairman
Press Council of India
New Delhi

At 10:30 a.m on February 9 (Saturday) I was just putting my bag in my car to leave for office, I saw two persons in the compound who enquired about the house of Geelani saab. I asked them which Geelani saab are you searching for, making out they could be from some courier agency to deliver some mail for me? They replied that they are searching for a Kashmiri leader, who lives somewhere in the colony. I told them he lives in the opposite block and tried to give them directions. One of them requested, if I can accompany them.
So I did. On the way, they told me they are from Special Cell. When we reached at JD18 E block of Khirki Ext. I saw a crowd of plain clothesmen in the gulley. I just pointed out to first floor and told them there lives Geelani saab, you are searching for. As I started to withdraw, they grabbed my hand and said they need few minutes to talk to me. And virtually dragged me to first floor flat, taking away my purse, identity card, keys etc. They could not trace my phone till then, though they were insisting to hand over phone to them. Upon reaching the flat, I saw many more people inside. As they got busy with conversation to some other person, I managed to go to bathroom and sent SMS to my office and some friends. When I was back, they noticed the phone and took it away.
After 15 minutes, I saw my wife also arriving at this house, escorted by two male plain cloth police wala.. My children were alone at my house. I repeatedly asked them to explain reasons behind my detention. All the time, they were very rude, threatening and warning me of dire consequences. I also pleaded with them, even if they want to detain me, why at the house of Syed Ali Geelani and not at my own home or a police station? And why had they kept children away from us?
After five hours, I heard many voices from outside. One officer type person came and shouted that I am free and can leave this house. In the by-lane I saw my office people including bureau chief Saikat Dutta and some other friends including, Aurangzeb Naqashbadni of Hindustan Times. They had used every available contact in home ministry and Delhi police to make them see reason. When I reached my home, some 7-8 strangers were occupying drawing room and living room and they had locked up my children in a bed room that does not have even bathroom facility.
When I reached there with friend, the strangers started leaving one by one. Saying that my children were terrified would be an understatement. They recalled how these people in our absence banged the door and asked them to confine themselves in bed room. They were also shouting at neighbours why they allow person like me to live there.
I have no issue with what government wanted to do to maintain law and order in Delhi or elsewhere. Repeatedly in public domains, I have affirmed that I have nothing to do with the politics of my father-in-law Syed Ali Geelani.
I owe my living to journalism for over past two decades in Delhi. I feel totally distraught with the behaviour of security agencies, particularly special cell of Delhi police. I feel so scared. I try my best to raise my children in an atmosphere of peace and compassion. I have no idea, what should I do to prove myself to be a peace loving and a law abiding citizen.
As Frederick Douglass says, the life of the nation is secure only when the nation is honest, truthful and virtuous. I may add, the subjugation, harassment, and trampling on rights only makes the nation weak and insecure in the long run, though it may address to the rhetorical class and accrue short term gains.

I have a bad experience of the same Special Cell of Delhi Police putting me in Tihar Jails in 2002 on false charges and forging documents of the Defence Ministry to convince the court that I am a Pakistani agent supplying sensitive information to its High Commission. The officials who then raided my house even cooked up my bank accounts to claim I was sending Hawala money to Kashmiri terrorists. Many fictitious stories were also planted by them in media tarnishing my reputation. The cooked-up charges under the Official Secrets Act were withdrawn and I was honourably acquitted by the court, but only after eight months of harrowing custody. At the time of my then arrest in 2002, the Intelligence Bureau also made the Income Tax Department fabricate tax charges against me. I am continuously harassed by the Income Tax Department with recovery notices from time to time despite I moving the Delhi High Court to end my harassment as it keeps on adding penalty and fine for not paying dues that now total up to over Rs 60 lakhs that I just cannot afford to pay with my present salary. I am bringing this fact to your knowledge, just to draw your attention to various ways I am continuously hounded and harassed.

With thanks,

 

Iftikhar

10 February 2013

 

To

The Home Secretary,

Government of .

New Delhi

 

Dear Sir,

 

I am forwarding to you an email I have received from Mr. Iftikhar Gilani, Asst. Editor DNA, who is a Government of India accredited journalist and former Vice President of the Press Association.

I have carefully perused the email he has sent me and I have also read the news item in the front page of today’s The Hindu newspaper. They reveal great high handedness and outrageous behaviour by the Delhi policemen concerned in harrassing and tormenting Mr. Gilani and his family, including his small children. These were the undemocratic and abhorrent methods of the Gestapo during Nazi rule.

If these allegations are correct, the concerned police officers, who committed these high-handed illegal acts, as well as those higher ups who were instrumental in ordering these shameful and odious acts are prime facie guilty of serious crimes under sections 341/342, as well as other provisions of the Indian Penal Code and are also guilty of gross and blatant abuse of their powers.

 

Hence, if the allegations in the email of Mr Gilani are correct, I call upon you to do the following acts within 48 hours :

 

(i) immediately charge sheet and place under suspension all police officers responsible for these high handed and illegal acts including those higher ups who gave the orders for them

 

(ii) immediately institute criminal proceedings against such officers under the relevant provisions of IPC and other statutes.

 

(iii) immediately sanction adequate and suitable compensation to Mr Gilani and his family and convey an apology to him

 

(iv) I am informed that Mr. Gilani is still being harassed and surveillance is being done on him and his family. This is a clear violation of the decision of the Supreme Court in Kharak Singh Vs State of UP and other  AIR 1963 S.C.1295,1964 SCR (1) 332, as well as violation of the right to privacy , which has been held to be part of Art 21 of the Constitution of India. Police surveillance seriously encroaches upon privacy of the petitioner and his fundamental rights under Art 21 vide 1999 (24) All Cr. R. 815 (817): 1999 (11).

I may mention that in the Nuremburg Trials held in after the Second World War the Nazi War Criminals took the plea that orders are orders, and that they were only obeying the orders of their superior Hitler. This plea was rejected by the International Tribunal which held that those orders were illegal orders and hence should have been disobeyed. Consequently many of the accused were hanged.

Hence all policemen in India are hereby warned that they should not carry out illegal orders of their superiors otherwise they will be charged for serious crimes, and if found guilty, severely punished.

Justice

Chairman,

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