INDIA: Kerala police assault victim for marrying businessman’s daughter

Dear friends

The Asian Human Rights Commission has received information regarding the illegal arrest, torture and detention of Mohammed Siddique, a lab technician in Malappuram, Kerala, India. Mohammed was arrested on 15 January 2004 after marrying Femina, daughter of Kunhimoosa in December 2003. The officers who arrested him told Mohammed that he would be released after the marriage was cancelled and he signed some blank papers. Mohammed was tortured during his detention and suffered from serious injuries, which were certified by a doctor.

AHRC is gravely concerned by the behavior of the Malappuram police. This case should be investigated immediately and the perpetrators suspended and prosecuted. The Indian government must take steps to ensure that the rule of law is upheld, especially by the police, the enforcers of the law. Your urgent action is required in this case to ensure that justice is served.

Thank you.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of victim: Mohammed Siddique
Place of incident: Malappuram police station, Kerala, India
Name of perpetrators: Deputy Superintendent of Police Mr. P V Moosa, Deputy Inspector General Y Anil Kumar and other Malappuram police officers
Date of incident: 15-21 January 2004

In December 2003, Femina daughter of Kunhimoosa, while studying for her BA degree at the Providence college in Calicut of her own will decided to marry Mohammed Siddique, a lab technician. Femina’s father is a business magnate far wealthier than the bridegroom’s family.
On 9 December 2003 Femina and Mohammed jointly served a notice under the Special Marriage Act and then went to Siddique’s brother’s house in Malappuram on December 14. With the help of a panchayat member Kuttippa, this information was given to Femina’s sister. Under the direction of the Deputy Inspector General (DIG) Y. Anil Kumar, a police party came and searched Siddique’s brother’s house, but the couple had already fled. Malappuram Deputy Superintendent of Police Mr.P.V. Moosa led the police party. 

Subsequently the couple entered a marriage agreement at the Melattoor sub-register office. Then under the Veliyamchery Mosque committee, one advocate Ameen was appointed as guardian and the marriage ceremony was performed. Femina’s father then filed a habeas corpus petition [WP (CR) no.3/04] before the High Court of Kerala. Simultaneously, Afthiri, Femina’s sister, filed a missing person’s complaint with the Malappuram Police station [Fir No 491/2003]. 

While the police were searching for the couple, Mohammed and Femina filed a petition complaining of police harassment [W.P.(C)No.39989/03]. Additionally, Mohammed Siddique filed anticipatory bail before the Kerala High Court vide B.A. No 3067/03, but the prosecution stated that no case was registered against him.  

Since the habeas corpus petition was still pending, both Mohammed and Femina went to court and as per the submission from both counsels, a discussion was held in the chamber in the presence of both parties. Then Femina informed the court that she is willing to go with her father. 

On 15 January 2004 a police party from the Malappuram station came to Siddique ‘s house at 5 am and took him into custody, where he was brutally assaulted and sustained internal injuries. The Deputy Superintendent of Police Mr. M V Moosa demanded that the arrestee would be released only if the following conditions were fulfilled:
1. The marriage should be cancelled. 
2. The photos taken in the marriage ceremony should be handed over to the police. 
3. The marriage agreement must be cancelled. 
4. The arrestee should put his signature on some blank papers.
 
Later the same day (January 15) Mohammed’s mother lodged a complaint before the District Collector as well as the Superintendent of Police, but no action was initiated. So on the next day, January 16, she filed W.P.(Cr) No.16 of 2004 S before the High Court of Kerala. This was done to have the son produced in court, since the police had earlier denied the arrest. On the same day the police brought Mohammed to the Malappuram Government Hospital for an examination. The doctor who examined him has certified that his injuries were caused by torture. The police then forcefully obtained a discharge order from the hospital and produced Mohammed before the Judicial First Class Magistrate at about midnight, whereupon he was remanded. On January 19 the High Court ordered Mohammed to be produced before the court, but the police were not amenable to this and instead filed an application for extension of remand. The High Court had issued an order to the Malappuram Deputy Medical Officer (DMO) to report the present condition of the detainee in a sealed envelope. Moreover it was specifically mentioned in the order to produce the detainee before the court if he is able to move. The police finally produced the victim before the court on January 21 and the court ordered him to be released after executing a bond worth Rs. 25000/- and with a condition not to leave the State without sanction from the court. The court also issued orders entrusting the Malappuram Superintendent of Police for a proper investigation of the case. The court directed the Manjeri District Sessions judge to conduct an inquiry into the onslaught on the victim by the Malappuram police on and after January 15. 

So far a statement has been taken from Femina by the judge. The couple presently live together with Mohammed’s family. Not a single action has been taken against any of the police officers who were responsible for the inhuman activities. Mr.P. V Moosa who actively took part in the incident has been transferred to the crime department due to the direction of the Election Commission to transfer all officers from their native place for conducting fair elections. 

SUGGESTED ACTION:

Please send a letter, fax or email to the addresses below to express your concern at this case.

1. Shri. A.P.J. Abdul kalam
President of India 
Rashtrapathi Bhavan, 
New Delhi -110001 
INIDA
Tel: +91-11-23016767 (Joint Secretary), 23014507 (Personal Secretary)
Fax: + 91 11 23017290 / 23017824
Email: presssecy@alpha.nic.in or Pressecy@Sansad.nic.in

2. Shri Justice A S Anand
Chairperson
National Human Rights Commission of India
Sardar Patel Bhawan, 1st Floor, 
Sansad Marg, New Delhi – 110 001
INDIA
Tel: +91 11 2 334 0891 / 2334 7065
Fax: +91 11 2 334 0016/ 336 6537 / 334 4113
E-Mail: chairnhrc@nic.in 

3. Mr. Justice V.P.Mohan Kumar
The Chairperson 
Kerala State Human Rights Commission
Arka Njlayam, M.P. Appan Road
Vazhuthacaud, Thiruvananthapuram -14, 
Kerala State
INDIA
Tel: +91 471 2 337263 / 337145 (direct) 313950
Fax: +91 471 2 2337148
Email : kshrctvpm@vsnl.net

4. Mr. A. K. Antony 
Chief Minister of Kerala
Room No.141, IIIrd Floor, North Block, Secretariat, 
Thiruvananthapuram, Kerala State
INDIA
Tel: +91 471 2 333812, 332184 (O) / 314853, 317051 (H)
Fax: +91 471 2 333682 (O) / 333489 (H) 
E-mail: chiefminister@kerala.gov.in

5. Mr. Theo C. van Boven 
Special Rapporteur on the Question of Torture 
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND 
Fax: +41 22 917 9016 

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