India: forced disappearance and honour killing of Mehjabeen @ Medha
Nagar
………………………………………………………………………………………………….
Issue: Right to life with dignity, forced disappearance, honour killing,
right to freedom of religion and choice
………………………………………………………………………………………………….
17th November, 2011
Dear Friends,
Peoples’ Vigilance Committee on Human Rights, a membership based
organization based in Varanasi directly came to know about this case
from Mehjabeen @ Medha Nagar husband Faij ur rehman @Riyajuddin. The
Hon’b High Court allowed her to go and live at a place and person of her
own choice but she was forcibly taken by her father Abhay Ram Nagar from
the Court. When Faij ur Rehman and Mehjabeen resisted and advocate Manoj
Mishra intervened the cops then said they would release her from the
Nari Niketan. Cops then took Mehjabeen to Varanasi in the car provided
by Abhay Ram Nagar in which Abhay Ram Nagar and his associates were also
sitting.
Case detail:
Faij ur Rehman @Riyajuddin @Raju, resident of N 15/117 D-3 Sudamapur,
Police Station Bhelupura, Varanasi Uttar Pradesh, on November 02, 2011
and stated that Mehjabeen @ Medha Nagar be allowed to leave the Nari
Niketan (women’s home) and live at a place of her own choice
http://www.scribd.com/fullscreen/72988926?access_key=key-1u5y90ncl6n8tup3dmxm
Faij ur Rehman had filed this petition with the High Court against the
decision of the ACJM-2 (Varanasi court) given on 13th
September, 2011 to keep Mehjabeen in Nari Sanrakshan Grih for 30 days.
But instead of following the orders from the High Court the Nari
Sanrakshan Grih Shivpur, brought the victim Mehjabeen to the Varanasi
court on Novmber 03, 2011 where the ACJM gave orders to keep her in the
Sanrakshan Grih till November 05, 2011 and then present her before the
court.
Mehjabeen pleaded before the ACJM-2 court to let her go with her husband
and protect her from her father. During the proceedings some of the
lawyers virtually killed the rights and choice of Mehjabeen inside the
Varanasi court premises. Advocate Ajai Singh and his associates created
a scene to pressurize Mehjabeen to go with her father. Faij ur Rehman
and his associates were threatened to leave the court premises. It was
around 4 pm that the court passed an order for Mehjabeen to be released
from the Nari Niketan. Mehjabeen was taken to Nari Niketan and then set
free immediately.
At the Nari Niketan Mehjabeen was forced to go (abducted) with Abhay
Ram, resident of N 15/104 C, Sudamapur, Nagwa, police station Bhelupur,
Varanasi, elder brother of father Ranjan Ram Nagar, a women relative of
Mehjabeen who is also an advocate along with five –six other people.
When Faij ur Rehman, husband of Mehjabeen, reached Nari Niketan along
with Mukhtar and human rights activist Jahir Anwar they were given life
threat to leave. Mehjabeen was taken away in front of Faij ur Rehman.
Mehjabeen tried to protest the move but was not supported by any of the
Nari NIketan staff.
Though the entire staff of the Nari Niketan was watching what happened
with Mehjabeen but none of them helped her neither did they informed
police about the incident. As soon as Mehjabeen was abducted from the
Nari Niketan the information was immediately passed on to the police on
phone number 100 by Faij ur Rehman from his cell phone number 9307202820
at around 5.20 pm. But the personnel on duty on the phone number 100
told Faij ur Rehman to “go to police station” and inform about the
incident.
Faij ur Rehman then informed human rights worker Mrityunjay Rai, who
reached Nari Niketan to enquire. But the staff there not only abused
both but even threatened to cool them down (brutal beating) and hand
over to police if they did not left the place immediately. Once again at
5.32 pm Faij ur rehman informed cops about the kidnapping of his wife on
phone number 100 from the cell phone number 7376556306. This time the
phone was kept on hold.
When Rukhsana the mother–in-law of Mehjabeen went to the Bajardiha
police out post to lodge a complaint regarding the kidnapping she was
asked to report the matter to the Bhelupura police station. When she
reached the Bhelupura police station and asked for an FIR in the
kidnapping case the cops on duty said that “it was good that the girl
was taken away by her father” and if she insisted she would be put
behind bars.
Faij ur Rehman made an attempt to send fax information to the DIG
Varanasi but he was told to come to the office and file a complaint. At
the DIG office both Faij ur Rehman and Mrityunjay Rai gave the
information at 9 pm and also gave copies of the orders from the High
Court Allahabad dated November 02, 2011 and order from the Varanasi
court dated September 13, 2011 along with the letter of complaint. The
DIG Ram Kumar gave order to the Bhelupur police to take action but the
cops did not took any action till November 11, 2011.
There is a need for a magistrate probe in to the role of police
department, district level advocates and honourable judges in the case
of Mehjabeen’s @ Medha Nagar’s change of religion, love marriage and
kidnapping. The probe will protest the rights of a woman belonging to
the minority community and will ensure others like Mehjabeen do not
suffer.
More information:
·
Mehjabeen had left her family religion Hinduism and adopted Islam on
July 27, 2011. She had informed about the change of religion to the
district magistrate by a registered post on August 17, 2011 and to the
general public on August 07, 2011 through a newspaper advertisement.
(copy attached)
·
When Mehjabeen expressed her wish to adopt Islam and marry a Muslim
youth Faij ur rehman, the father Abhay Ram Nagar started physical and
mental torture of Mehjabeen. Upset with the attitude of her father
Mehjabeen left her house on August 21, 2011 and went to Bajardiha
police out post for help but could not get any help.
·
On the evening of August 21, 2011 Faij ur rehman son of Liyakat Gani a
resident of house number N 15/117-D-3 Sudamapur, Bajardiha, police
station Bhelupur, District Varanasi got married (Nikah) as per the
Muslim rituals with Mehjabeen.
·
On being harassed by the in charge of the Bajardiha police out post
the family members of Faij ur rehman approached the PVCHR
·
The PVCHR informed on August 23, 2011 to the National Human Rights
Commission, Director IG, District Magistrate, IG, station house
officer Bhelupur about the change of religion and marriage (Nikah) of
Mehjabeen
·
On August 24, 2011 Mehjabeen forwarded a note regarding her change of
religion, security threat from her father to the National Human Right
Commission, DIG, DGP (Uttar Pradesh), police station Bhelupur
·
On August 24, 2011 the Bhelupur police registered a FIR against Faij
ur rehman, his father and mother for abduction of Mehjabeen, though
Mehjabeen had on August 21, 2011, informed about her Nikah and
atrocities from her father. Abhay Ram Nagar had sent his FIR by post
on August 22, 2011
·
On August 27, 2011 the human rights workers Jahir Anwar who was
helping in the Mahjabeen case was detained
·
When the National Human Rights Commission, New Delhi intervened Jahir
was left at midnight
·
Mehjabeen was detained by the Bhelupur police on the intervening night
of August 27/28, 2011 at around 12.30 am from one of her relative’s
place. There was no female cop with the police team when they lifted
Mehjabeen and she was kept in the police station for the whole night.
·
When human rights worker Mrityunjay Rai spoke to the case in charge
Raghav Ram Mishra and asked him about the information regarding
Mehjabeen’s Nikah and change of religion given in advance to the
police the case in charge said the investigation will be done only
upon the basis of the FIR filed by Mehjabeen’s father. When the
officer was asked about the statement of Mehjabeen and her appearance
in the court the officer disconnected the call
·
Mehjabeen was mentally tortured in the police custody by her father.
Though she never wanted to speak to him by her father continuously
tried to persuade her
·
In the name of investigation and police custody Mehjabeen was kept in
Bhelupur police station and district women police station for a week.
Her statement in this period was not given any heed by the police and
instead they pressurized her to give statement against Faij ur rehman
·
August 30, 2011 Faij ur rehman gave an application in the court to
bring report on the case. Thereafter police presented Mehjabeen in the
court on September 03, 2011
·
Police imposed section 376 in addition to the previous sections 236,
366 and 506 despite the papres regarding change of religion and Nikah
were submitted. They simply ignored those documents.
·
Before the honourable court Mehjabeen gave statement under section 164
and told about her being an adult, change of religion as per her wish,
marriage as per her wish and also rubbished all the allegations put up
by Abhay Ram Nagar against her and Faij ur rehman. But the court
ordered her to be kept in Nari Niketan.
·
On September 07, 2011 Mahjabeen again gave application to the court to
allow her to go with her husband and live with him.
·
On September 13, 2011 the judge gave order to keep Mehjabeen in Nari
Niketan for 30 days despite Mehjabeen pleaded before the judge to
allow her to go with her husband
·
On September 19, 2011 Faij ur rehman filed a writ petition before the
high court Allahabad against the decision of the Varanasi court
·
The judge at the high court gave order on November 02, 2011 to set
free Mehjabeen and allow her to go and live at a place and person of
her own choice.
·
Mehjabeen wanted to go with her husband but her father Abhay Ram Nagar
wanted to take her with him forcibly from the court premises . When
Faij ur rehman and Mehjabeen resisted and advocate Manoj Mishra
intervened the cops then said they would release her from the Nari
Niketan.
·
Cops then took Mehjabeen to Varanasi in the car provided by Abhay Ram
Nagar in which Abhay Ram Nagar and his associates were also sitting
·
Faij ur rehman informed about the incident to the DIG Varanasi through
telegram on November 02, 2011 and pleaded for security
·
Despite clear orders from the high court the Nari Niketan officials
presented Mehjabeen before the court on November 03, 2011
·
The Varanasi court ordered for release of Mehjabeen on November 05,
2011 in the evening around 4 but ignored the plea of Mahjabeen to
allow her to go with her husband
·
Lack of security arrangements that was demanded from the local
administration allowed Abhay Ram Nagar to kidnap Mehjabeen as soon as
she was set free
·
Despite information the Varanasi police is not working on the
information of abduction
With the above details it is clear that despite prior information was
sent to them by Mehjabeen regarding her change of religion on her own
wish and her Nikah with Faij ur rehman but the cops followed and worked
only on the basis of the FIR filed by her father Abhay Ram Nagar.
Honourable ACJM 2 also violated the section 21 of the constitution of
India be keeping Mehjabeen in Nari Niketan for two months after ignoring
statement of Mehjabeen under section 164, her applications, the
applications filed by Faij ur rehman and his family members. The
decision by the Varanasi police and ACJM 2 and the acts done inside the
court premises by the advocates of Abhay Ram Nagar are also
unconstitutional. In the entire case a high level probe is required
keeping in view the acts by Varanasi police and what happened in the
court premise.
It is worth mentioning that in such cases there are considerable
chances of ‘honour killing.’ Therefore we request for a speedy probe and
recovery of Mehjabeen and security of her in laws family. A probe to
punish the guilty and compensation of Rs 5 lakh to Mehjabeen for the
mental and physical torture with her at the Nari Niketan should be
given.
Please write letter to given below person to save the life of Mehjabeen
alias Medha Nagar.
Chief Justice of India
Through the Office of the Registrar General
Supreme Court of India
1 Tilak Marg, New Delhi
INDIA
Fax: +91 11 2338 3792
E-mail:
supremecourt@nic.in
Chief Justice
High Court
Allahabad, Uttar Pradesh
PBX :
0532-2422335, 2422336,
2422337, 2421611-18
Fax No. :
0532-2420152 (Registrar General)
Fax No. :
0532-2421742 (PPS to Hon. CJ)
Email:
cj@allahabadhighcourt.in
Ms. Mayawati
Chief Minister
Chief Minister's Secretariat
Lucknow
Uttar Pradesh
INDIA
Fax: + 91 522 223 0002 / 223 9234
E-mail:
csup@up.nic.in
Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax + 91 11 2338 4863
E-mail:
chairnhrc@nic.in
Director General of Police
1-Tilak Marg, Lucknow
Uttar Pradesh
INDIA
Fax: + 91 522 220 6120 / 220 6174
E-mail: police@up.nic.in
