4 years after his son’s murder, Shamli man still waits for post-mortem report

Mehmood Hassan rues exhuming his son’s grave. But there’s been no word on how Mohd Salim died in April 2013.

WrittenBy:Nidhi Suresh
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Observing an increase in hate crimes across the country, writer and former IAS officer Harsh Mander conceptualised the Karwan-e-Mohabbat or caravan of love. The caravan has been travelling across the country meeting families that have been facing violence because of their caste or religion. Currently, the caravan is in its second phase and is meeting families across Delhi, Uttar Pradesh, Haryana and Rajasthan. Newslaundry was with the caravan last week.

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On September 13, we met Mehmood Hassan’s family in Saharanpur district of Uttar Pradesh. On the morning of April 23, 2013, Mehmood Hassan received a phone call from Haryana Police. His son, Mohammad Salim, had been found by locals in the jungle along the Yamuna river, very close to the UP-Haryana border.  Salim, a 25-year-old Muslim Gujjar from Khurgan village of Saharanpur district, had been beaten, his legs and arms were broken, and his chest and stomach bore marks of being beaten by rods. The police took him to Panipat Civil Hospital and then to another hospital. When both hospitals failed to give him adequate treatment, Salim’s family drove him to a hospital in Meerut where he was declared brought dead. Four years later, the father still does not know what happened to his son.

Hassan, Salim’s father, is close to 60. Despite being informed of the Karwan’s visit, on seeing the members of the caravan, Hassan seemed anxious. The women of the household rushed indoors and refused to step out. As Hassan suddenly got onto a bike and was taken away by a young man, a local man whispered to us, “The old man is weak and scared. What if they come back to kill his second son? He doesn’t want to talk about it.” The villagers of Khurgan are terrified. They feel they’re being targeted because they are Muslim. The women of the house did not step out. After 15 minutes, Hassan returned.

Once Harsh Mander assured Hassan that the Karwan would not cause them any harm, the father seemed more at ease. The weight of his son’s death seemed to weigh on him. Slowly, Hassan began to detail his son’s horrific death. Mohammad Salim had gone out for work with his friend Afzal. As per Hassan’s description, the two men were engaged in the cattle trade between UP and Haryana, a trade that has been almost outlawed ever since the BJP came to power in Haryana in 2014. As cattle were cheaper in Haryana, most cows meant for UP were brought from there. The two men were attacked in the evening, Afzal fled while Salim lay half-dead in the shrub until locals found him the next morning.

Despite being in great pain, Salim narrated the attack to the Haryana Police, who took him to Panipat Civil Hospital. In his dying declaration, Salim said he had been attacked by a group of ruthless people. Despite, Salim’s almost dead condition the police merely filed a FIR under Section 323. Section 323 refers to the consequences of voluntarily causing hurt. The punishment, if registered against this section is incarceration which may extend to a year or a fine which could extend to Rs 1,000, or both.

Akram Akhtar Choudhary, director of Afkar India Foundation and the organisation that has been involved in recording and documenting lynching and riot victims across Uttar Pradesh, said this was atrocious because the seriousness of Salim’s injuries required a FIR to be filed under Section 307 – attempt to murder. Under this Section, if the accused is found guilty of the attempt, the term for imprisonment can extend up to 10 years plus fine. And if the accused has caused hurt to the victim, then be liable to life imprisonment.

According to Akram, in such cases which involve the cow, the police usually attempt to file a cross case. Cross cases are when two communities press charges against each other and an equal number of people are imprisoned from both communities. The filed cases needn’t be directly connected to each other but judges are often known to hear them together. This becomes an acknowledgement that the two cases are somehow connected. The word ‘cross-case’ is not a legal term but it exists. This is also a form of silencing. “If not for a cross-case, the police attempt to quickly close a case after pressing menial charges,” said Akram.

A few weeks after Salim’s murder, his family along with Afzal, attempted to file a fresh statement. Afzal testified that he could identify the attackers. “When they tried to do this, Salim’s family was threatened by the police that they would file a cow slaughter case against the entire family,” said Akram.

Even during the family’s description of the incident they never mentioned anything about the cow. The details are hazy but according to Akram at some point in the past four years, based on identification by Afzal, who was with Salim that night, Naresh Singh, a resident of Raj Kheri, Panipat, was arrested but released on the same day. Nothing else is known about Singh.

Salim’s body was handed over to his family for burial without an autopsy. A week later, after the incident received a little media coverage, the government ordered that the body is exhumed for a delayed post-mortem examination. Hassan told us that, according to Islamic practise, exhuming a body was an ill-omen. Exhuming Salim’s body from the village grave was extremely traumatic for him.

Kabar phad diya (the grave was torn up),” he said. Hassan decided to agree to exhume his son’s body only because he was desperate to know what had happened to him.

Unable to hold back his tears, Hassan’s voice cracked as he said that it’s been four years now and he still hasn’t received his son’s autopsy report. He is even more guilt-ridden because he is tormented by the thought that his inauspicious actions may cause his son a troubled afterlife.

Salim had been recently married when he was killed. Today his wife is married to his younger brother, Aalim. He was reluctant to speak about Salim.

Hassan’s body shook as he said every day he wakes up craving to know what exactly happened to his son. “All I want is to see his post-mortem results. Anyone who can bring that to me will go to jannat (heaven),” said Hassan.

Today, Hassan and his family are terrified. They are worried that their Muslim Gujjar identity makes them susceptible to more attacks. Moreover, Hassan fears that because Salim was killed for transporting cows, his two other sons may also be attacked any time.

Wiping his tears, Hassan also said that he is slowly coming to terms with the fact that he is fighting a losing battle. “Maine sabar kar liya (I have decided to endure it),” he said.

For two days, Newslaundry has been attempting to get in touch with the Haryana Police, where the case was filed. There has been no response from them. It is unclear whether the case has been closed or not.

Harsh Mander, who promised Hassan that he would help him get his son’s post-mortem report, said, “There is nothing more horrific than to know that a large section of this country is giving up and deciding to endure it. It breaks me to see this despair, helplessness and finally acceptance to live as second-class citizens in this country.”

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