Kurban Ali

Social Activist and Human Rights Defender

Uttar Pradesh

HRDA has issued an urgent appeal to the National Human Rights Commission of India on November 14, 2019 regarding the false criminal case charged on Human Rights Defender Mr. Kurban Ali and three others for extending legal help to a family belonging to a minority community who has been the victim of a mob lynching incident. Mr. Ali is associated with the Afkar India Foundation, as well as ‘Aman Biradari’, a nationwide people’s campaign for a secular and humane world. He has also extensively used the Right to Information (RTI) to highlight issues of public concern and functioning of governance structures, for which he has faced several threats from officials. The others who have been named in the police FIR are Mr.Naushad, Mr. Faran, admin of the Haji Babla Fan Club and two unknown.

A local minority community family of Mr. Ashif, Mr. Bilal, Ms. Sitara and Ms. Shahina involved in the rag-picking business was physically assaulted and severely beaten by hooligans, allegedly associated with the Right-wing organisations in a gruesome incident of mob-lynching on July 21, 2019, in Kandhala. Mr. Ali along with his colleagues from the organisation ‘Afkar India Foundation’, extended legal support to the victims. On July 24, 2019, Mr. Ashif and others visited and informed Mr. Ali and his colleagues that the police had already registered an FIR in the said incident, and Mr. Afzal Ali in collusion with influential Right-wing organisations ,was pressuring them to enter into a compromise, and that Mr. Afzal Ali had also filed a false counter case in collusion with the police in this regard.

An FIR was registered as 271/2019 under section 147, 148, 323, 504, 506 of the Indian Penal Code naming Mr. Sanjay, Mr. Deepak, Mr.Sashi and three to four unknown people as accused for the lynching incident at Kandhla Police Station. This FIR was based on a complaint by Mr. Afzal Ali. Further, on August 8, 2019, Mr. Ali received several threatening calls from Mr. Afzal Ali who said he would implicate him in a false case if he continued to pursue the lynching case. Mr. Afzal Ali  had also threatened dire consequences for extending legal support to the lynching victim family.

According to information received, on November 2, 2019, a criminal case (FIR 564/2019) was filed against Mr. Kurban Ali and five others in the Kandhla Police Station of Shamli under Sections 147,148,149,452,307, 504, 506 of the IPC and Section 67 of the Information Technology Act [IT Act],on a complaint by Mr. Afzal Ali, who is the same person who harassed the Mr. Ashif and others as well the HRDs who were extending legal assistance. This clearly shows that it is an act to supress the voices of the victims of mob lynching and the HRD from resorting to available legal options to claim relief.