Omar Rashid 
New Delhi: The Uttar Pradesh police is facing widespread condemnation for filing a criminal case against five individuals, including two Muslim journalists, who posted on social media about the killing of a Muslim scrap vendor in Shamli district, alleging it was a case of mob lynching. While the police have registered an FIR against three persons, all Hindus, for the alleged murder of Firoz, some glaring questions remain unsolved four days after the incident. The case was not registered for murder but under Section 105 of the Bharatiya Nyay Sanhita, culpable homicide not amounting to murder.
The police have warned that they will take additional legal action against social media users who continue to challenge their version of events and suggest that the incident may have been a lynching, despite their denial of such claims. What’s unusual, however, is that even after so many days, no senior officer from the district has issued a video statement over the incident, as is the police procedure.
On July 6, the Shamli police have lodged an FIR against journalists Zakir Ali Tyagi and Wasim Akram Tyagi and three others — Asif Rana, Saif Allahabadi and Ahmad Raza Khan— for describing Firoz’s death as a case of mob lynching on social media site X. They were booked for promoting enmity between different groups on grounds of religion and for statements conducing to public mischief. These charges are covered by Sections 196 and 353 of the Bharatiya Nyay Sanhita. A day later on July 7, police lodged another FIR on similar charges against an unidentified journalist of Hindustani Media, a little-known social media channel.
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The incident took place on July 4. According to the FIR lodged at Thana Bhawan police station on the written complaint of the deceased person’s brother Afzal, a cattle trader, Firoz had gone to the Arya Nagar locality in the city to purchase scrap items from locals at around 8 pm. For some reason, in the FIR Afzal mentions that his brother “used to take drugs sometimes.” “Kabhi kabar nasha kar leta tha,” he said in Hindi. Afzal alleged that in Arya Nagar, three persons — Pinky, Pankaj and Rajendra, sons of one Dharmpal — and their associates assaulted Firoz. Two persons, Arshad and Ikram, brought him home where he died at around 11 pm, said the FIR. Sources said that Firoz was rescued by police from the site where he was assaulted after locals dialled 112, he was taken to the nearest police outpost from where his family members took him home.
The sketchy FIR was lodged on the afternoon of July 5 even though the incident took place late evening on July 4. Afzal told The Wire that Firoz had gone out to purchase old or damaged items with a loudspeaker attached to his pushcart, as is the culture in small towns across the country.
“He used to pick up iron scraps, tin sheets, old mobile phones and other scrap items. They said accused persons objected to his use of the mike. There was a dispute over it and things took a turn for the worse. They asked him to play it elsewhere. They beat him up badly,” said Afzal.
Asked if Firoz was targeted for his Muslim identity, Afzal, who was attending a nephew’s wedding when the incident happened, said he was not sure. “Allah only knows what motivated them,” he said.
A photo of Firoz, sitting on the ground outside with a dazed expression purportedly while he was being beaten up by some individuals, was widely shared on social media. It was not clear from the picture, who were around him and at what time the photo was taken.
Afzal claimed that locals had shot videos of the assault but nobody was willing to share it. “From the photo it is clear,” said Afzal, when asked if he believed it was a case of lynching.
If his brother did not die of injuries following the assault, how else did he die, wondered Afzal.
“When he was brought home, he was in a bad state and breathed his last after a short while. And now, they are saying that the post-mortem shows no injuries. Only God knows how this is possible!” said Afzal.
Thana Bhawan station house officer (SHO), Rajendra Prasad Vishishth told The Wire that the viscera of the body had been sent to the Forensic Science Laboratory and its result was awaited. When asked what prima facie investigation revealed as the cause of death, the officer stressed that there were no injury marks on the body whatsoever.
Afzal said that when Firoz was brought home, they tried to make him drink some water. “But he could not swallow it and spat it out. There is a doctor next door and we waited 10-15 minutes so that he could feel better before we took him to the doctor. But he passed away before that,” said Afzal.
Soon after Firoz’s murder created outrage on social media, where users saw it through the prism of the increasing hate crimes against Muslims in the country, Shamli police issued a note dismissing the theory of mob-lynching.
According to the police, on the night of July 4, Firoz had allegedly trespassed into the house of one Rajendra in Jalalabad’s Arya Nagar in a state of intoxication. “A scuffle took place between both sides,” Shamli police said, without explaining why Firoz had allegedly trespassed into the house at a busy time in the evening. Police said that after the scuffle, Firoz’s family took him home, where he later died.
What’s baffling is that although the police admit that there was a “hathapai (scuffle)” between Firoz and the other side, leading to his death a few hours later, they claimed that there were no serious injuries on his body. Citing the post-mortem report, which has not been shared with the media or the family members of the victim, police said there were “no apparent serious injuries” found on his body. “The death was not caused by any injuries,” police said.
The viscera of the body have been preserved and its report is awaited, added police.
Also read: Uttar Pradesh: 11 Days After Death by Lynching, Muslim Man Charged With Dacoity, Assault of Woman
Shamli police have issued several statements emphasising that the incident was not a case of lynching of a Muslim man by accused belonging to the Hindu community.
“There was no incident of mob lynching,” police said.
While repeatedly threatening action against social media users for referring to the incident as mob lynching, police alleged that an attempt was being made to spread “communal hatred” through “misleading” tweets giving it a communal colour.
Legal action would be taken against those making posts with the “sole intent of provoking communal hatred without any consideration of the ground facts,” said police.
On July 5, locals staged a protest demanding action against the accused persons. Thana Bhawan MLA from the Rashtriya Lok Dal, a BJP ally, Ashraf Ali Khan on July 5 described Firoz’s “murder” after a “brutal beating” as a “serious crime”. Khan appealed to the police and the administration to take legal action against the accused persons and punish them.
Two days later, however, Khan changed his tone and said that it was “not correct to portray the incident as mob lynching.” “An atmosphere of communal harmony prevails in our town. I demand from the administration that it should take appropriate action while keeping an eye on all aspects related to the incident. I appeal to the people of the town and the countrymen to avoid posting provocative and misleading posts on social media sites in connection with the incident,” said Khan.
DIGIPUB, a coalition of 90 digital media outlets and independent journalists, demanded that the Uttar Pradesh police immediately rescind the FIR against the journalists booked in the case. “Registering an FIR against journalists sharing public information in public interest is a grave overreach and misuse of criminal laws and an assault on press freedom that has a chilling effect,” said DIGIPUB in a statement.
Notably, India has been ranked 159 out of 180 countries in the 2024 World Press Freedom Index released by Reporters Without Borders (RSF).