Wednesday, 4 April 2012

Anti Constitutional Act of Maharashtra Government.


ATS Maharashtra is acting biased against Muslims.

References.
 
1. 11,120 lower court acquittals just 61 challenged. News Hindustan Times
2. Case against acquittal of accused weak: SC Hindustan Times.
3. 2 convicted in Thane Blasts case.
4. My letter No. ZAK/CJI/P/PM/HM-U/CM-M/HM-M/E/48 
    dt. 13/06/2011.
5. My letter No. ZAK/CJI/P/PM/CJ-HCB/HM/LM/CM-
    M/AAA/GASLC/E/82  dated 17/11/2011
6. My letter No. ZAK/PM/SSG-C/SP/TA/HM-M/RG/E/119 
    dated 21/03/2012
7. JD-U, RJD protest arrests………..Muslims. News Asian Age 04/04/12

Dear Sir,

Maharashtra Government is involved in unconstitutional act and doing injustice to the Muslims of Maharashtra, which is anti constitutional. Article 14 in The Constitution of India 1949, provides Equality before law State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.  Article 7 of the UN Universal Declaration of Human Rights states that "All are equal before the law and are entitled without any discrimination to equal protection of the law.   According to the UN, this principle is particularly important to the minorities and to the poor.  But Maharashtra Government discriminate, the judicial system in Hindus and Muslims.


Maharashtra ATS team reached to Bihar and started arresting the Muslim youths, on the charges of Terrorism which has been protested by RJD members.  CM of Bihar Mr. Nitish Kumar strongly criticised the increasing number of arrests of Muslims from Bhiar.  It is very amazing ATS doing this job without taking Government of Bihar into confidence. 


Government of Maharashtra is involved in the arrest of Muslim youths on the false charges of Terrorism, illegal detention or fake encounters. ATS is acting biased on the part of Muslims.  Latest encounter of Khalil Qureshi (20) on 25th March 2012 is the new name of Muslim youth who killed by the biased police or ATS.  A detail inquiry should be carry out behind the encounter of Khalil Qureshi.  It looks ATS plot the same fabricated, old encounter theory, that the terrorist has got link with SIMI or JeM or LeT. Accused opened fire, and in returned fire killed Khalil Qureshi.  Head constable Sheikh Arif Ismail may have deliberately injured by the concerned officer or incharge of the team. If encounter found to be fake hanged till death, all the ATS team, as per the Judgement by the Hon’ble Supreme Court.


Government of Maharashtra is looking sympathetic towards Hindu Terrorists. On 30th May 2011, 11 Shiv Sainiks and 10 other Hindu hooligans are set free from the legal clutches who are the culprits of 1993 horrible communal riots.  Everybody knows Shiv Sena always remains forward in the Terror activities, gundaism, and mass murder gang rapes especially when it is related to the Muslims, Maharashtra Government did not appealed in the higher court.


An appeal was filed in High Court Bombay, to ban the book, Shivaji Hindu King in Islamic India by James Laine the judgement favours the Author.  There was no reason to move in Supreme Court. The Government of Maharashtra challenged the Bombay High Court verdict in Supreme Court. It shows the inability of the Government of Maharashtra, how she played in the hands of fascist’s party the Shiv Sena.  Because it was the Shiv Sena’s demand.


ON July 9, the Supreme Court Bench comprising Justice D.K. Jain and Justice H.L. Dattu widened the horizons of free speech by lifting the ban on James W. Laine's book Shivaji: Hindu King in Islamic India, published by Oxford University Press in 2003.


Part III - Fundamental Rights of the Constitution of India which guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizen of India. These include individual rights common to most liberal democracies,  Violations of these rights result in punishments as prescribed in the Indian Penal Code, subject to discretion of the judiciary. The Fundamental Rights are defined as basic human freedoms, which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. Almost in every terror related cases Maharashtra Home Minister under the leadership of R.R. Patil appealed against the acquittal in which Muslims were acquitted by the lower court. 1993 Bombay Bomb Blast case, Gulam Yahaya case Imam of Haj House. Sayeed Sabauddin and in many other cases in which Muslims were acquitted by the lower court but Maharashtra Government moved to higher court. 


Right to Information Report in Maharashtra out of 11120 just 61 cases has been challenged and I am sure in these 61 at least 80% cases related to the Muslims. Faheem Ansari and Sabauddin Ahmed have been acquitted by the lower court the Home Ministry moved to High Court Bombay.  Against the acquittal of High Court Maharashtra Government filed the appeal in Supreme Court.   In which Supreme Court termed the State Government case is a weak case.


Thane, Vashi, Panvel blasts verdict came on 29th Aug. 2011.  Out of six,  four Hindu terrorists are acquitted and merely 2 terrorists convicted by the Thane Session Court.  In fact, the Special Public Prosecutor Rohini Salian of the case had recommended for the appeal to the Home Ministry against the acquittal of four, and life term to the convicted.            


Sep 22 after failing to secure convictions for four of the six accused in the 2008 Thane blast case, the prosecution has sent a recommendation to the Maharashtra government that it should file an appeal in the high court. Recommendation has been sent to the law and judiciary department today, saying that appeal should be filed, as the trial court has not appreciated certain evidence.


Thane, Vashi and Panvel blast was the experiment for the big blast by the Abhinav Bharat and Sanathan Sanstha in Muslim dominated areas.  In the months of Feb, May and June low intensity blasts was carry out by the Hindu Terrorists as an experiment of their invention, which later used at Malegaon, Modasa Gujarat in same year Sept., Oct and Nov.  Court failed to appreciate this item and omitted the name of Sanstha from the Terrorists Attack.


Maharahstra Govt. moved to the High Court and Supreme Court against the Muslims who have been discharged from Session on the charges of Terrorism, but not in case of Hindu terrorists who have been discharged by the Session Court in the 1993 riots. In the same way not in case of bomb blast of Thane, Panvel, Vashi which was carried out by the Sanatan Members their terrorism charges are also abolished by the court but the Maharashtra Govt. did not move to the higher court.  Discriminative Act of Maharashtra Government is Anti Constitutional, Anti UN Law, thus the Government who act anti constitutional has got no moral value to rule over the state.


We the Muslims of Maharashtra will show the correct position to the NCP-Congress in Maharashtra at the time of election.

It is prayed

1.      Dissolve the Government of Maharashtra for her anti constitutional act.
2.   A detail inquiry be carry out for the encounter of Khalil Qureshi (20) at  Aurangabad.
3.     Reserve 20% Muslims in the Police service.
4.    Dissolve the status of ATS, as in almost every case ATS team is proved to be biased and prejudice against Muslims.  Which is anti constitutional, and if a judicial body behaving anti constitutional way it should be dissolve.
5.     Any other relief as the authorities deemed fit and proper.

Thanking you,

Yours faithfully,
 

Zuber Ahmed Khan

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