PASA board releases 20 held for rioting

The slum-dwellers were booked under PASA and sent to different jails on January 20 on charges of their involvement in two cases — rioting and assault on a public servant — on December 15, the day Assembly election results were declared.

This despite the fact that they had once been arrested in the same case but released because the court did not find sufficient evidence against them.

According to the FIR lodged against them, the accused had thrown stones and crude bombs on the victory procession of BJP MLA Bhupendra Lakhawala, injuring an old woman. In another FIR registered the same day, the same persons had been accused of making a murderous assault on the life of a police constable.

The police action came under severe criticism from human rights groups, advocates and social activists because such a large number of people from a single locality and community had never before been booked under this law, on such grounds. All the accused belong to the minority community.

Then the state government also gave its approval to the PASA recommendation by commissioner Tuteja. The board struck down the detention orders when the Suleimani Chawl residents represented before the board that the detainees were innocent.

Counsel for the detainees M.G. Sheiklhjiwala, who represented the accused before the board, said: ’’The board realised that PASA can’t be applied against these people.’’

Baroda Bar Association president Narendra Tiwari, welcoming the PASA board orders, said: ’’The government must now suspend the police commissioner for wrongful confinement of innocent persons and pay compensation to the released detainees.’’ He said the PASA board orders have proved that ’’police action in this case was politically motivated’’.

Commissioner Tuteja was unavailable for comment. Minister of State for Home Amit Shah said: ‘‘I can’t comment on the board’s orders. Moreover, it is a routine matter. This is not the first time the board has quashed detention orders.’’

Back at the Suleimani Chawl, Asif Shasuddin Mansuri, a physically challenged boy who was among the first of the detainees to return, said: ‘‘I feel indebted to the board that their members saw reason and released us.’’ Another youth Haroon Rashid Mansuri (19) hit out at police. ‘‘Quashing of PASA orders is a slap on the face of the police,’’ he said.