Arrested and jailed for ‘trafficking 59 kids’, 5 madrasa teachers now clear of charges

According to the case, on May 30, 2023, 59 children from Bihar’s Araria district of 8 to 17 age group were travelling in a train to Pune and Sangli to study Islamic theology in madrasas. Acting on an information of a senior officer linked to the juvenile justice board in Delhi and the Railway Board, the Railway Protection Force (RPF) along with an NGO, “rescued” the children at Bhusawal and Manmad stations.

The children were housed in shelter homes in Nashik and Bhusawal for 12 days, as officials suspected they were being trafficked for child labour. Angered, parents demanded the children be returned, and the Nashik district administration later escorted them back to Bihar.

RPF officials claimed the five madrasa representatives accompanying the children could not provide adequate documentation for their travel, leading to FIRs under sections 370 (trafficking of persons) and 34 (common intention) of the Indian Penal Code.

The arrested were Sangli resident Mohammed Anjur Alam Mohammed Syed Ali (34); and Araria residents Saddam Hussain Siddiqui (23), Noman Alam Sidd-iqui (28), Ezaj Ziyabbul Siddiqui (40), and Mohammed Shahn-awaz Haroon (22). They were accused of human trafficking.

During the investigation, GRP officers visited Araria and verified the credentials of the accused and the children. They also inspected the madrasa where the children were meant to be taken.

“After due verification, we ascertained there was no human trafficking and filed a ‘C-Summary’ closure report before the court,” said inspector Sharad Jogdand of Manmad GRP.

Inspector Vijay Gherade of Bhusawal GRP also said that they, too, filed a C- Summary closure report in the court.

The five teachers are cleared of criminal records but the false accusations has had severe personal impact. “Though people knew the cases were false, the FIRs and arrests changed perceptions, causing us social and psychological suffering,” Moham-med Shahnawaz Haroon told The Indian Express from Sangli where he  resides. “My family was so frightened and anxious after the incident that they asked me to cancel my decision to go to Saudi Arabia for a job,” he said.

Saddam Hussain Siddiqui recounted, “I had Aadhaar cards for all the children and offered to connect the police with their parents via video call, but they demanded an authority letter from the local sarpanch or parents, which we didn’t have. After remaining behind bars for 28-days we got bail. My parents were so scared, they didn’t eat for days.”

Advocate Niyaz Ahmed Lodhi, representing the teachers, said, “We had moved the Bombay High Court, seeking quashing of these baseless FIRs. Police informed the court that they found no material evidence and are closing the case.”

Adding that the five teachers should demand compensation from the government for the harassment caused by police’s wrong action, Lodhi said, “Police should be trained better to be more cautious… Such false cases not only waste the time and resources of police and the judiciary, but also affect the department’s credibility.”

A senior GRP officer defended their action, saying, “We registered FIRs based on the complaints by RPF officials and NGOs. We could not refuse to file an FIR on suspected human trafficking of 59 children. Once we were sure no offence occurred, we dropped all charges.”