Kozhikode: Muslim Students Federation (MSF) leader Muhammad Khasim P K, in whose name the communal 'kafir' message was spread, is entitled to all benefits due to a victim, said the High Court.
Justice Bechu Kurian Thomas, presiding over a single bench, also directed the Vadakara police to expedite forensic tests on mobile phones to trace the origin of the message and swiftly conclude the investigation.
The judge closed Khasim's writ petition seeking a free and fair police investigation on Monday, September 9 but noted that he could approach the Vadakara magistrate court at any time if he believed the investigation was veering off course or if there were any shortcomings in the police's efforts.
Khasim approached the high court on May 31 after finding that the police were not acting on his complaint that his name was misused to create a communal message and spread it on social media on April 25, the eve of the Lok Sabha election.
The message was widely shared on social media by pro-CPM Facebook pages and WhatsApp groups called CPM candidate KK Shailaja an infidel (kafir) and urged Muslims to vote for Congress candidate Shafi Parambil because he was a devout Muslim who prayed five times a day.
The Congress and the IUML immediately alleged that the CPM was behind the communal message and promised to go to the root of the problem.
The Single Bench heard the petition five times, first directing the police to file a status report, then calling for the case diary, and then asking why the police did not question one important person in the chain of those who shared the message, and their phone not sent for forensic test, then asking why charges related to spreading communal hate and forgery were not invoked based on Khasim's complaint.
The details shared by the police to the court painted a different picture of how screenshots hit Vadakara's social media space. According to the police, the communal screenshot was not created on or shared from Khasim's mobile phone. But it was passed through several pro-CPM WhatsApp groups. Their investigation has led them to Ribesh RS, the Vadakara Block Committee president of DYFI, the youth wing of the CPM. Ribesh, who is also a school teacher, however, told police that he could not reveal the source of the screen shot. Police impounded his mobile phone for a forensic test.
Though the CPM went to town painting the Congress and the IUML as communal parties seeking votes in the name of religion, it was put in a tight spot after the police investigation took a Left turn.
Khasim's counsel Mohammed Shah, who is also a top leader of the IUML, told the court that the MSF leader approached the police in the afternoon of April 25, as soon as he saw the communal message. However, the police did not register an FIR on his complaint.
But in the night, Vadakara Police registered an FIR against Khasim based on a complaint filed by a CPM leader. They invoked the stringent Section 153 A of the IPC for allegedly promoting enmity between different religious groups.
After the FIR was filed, the police registered a second FIR against unknown persons and invoked milder sections such as Section 153 of IPC (provoking riots through illegal means) and Section 120 (o) of the Kerala Police Act (creating nuisance through means of communication) in the second FIR.
It was based on a complaint filed by a Youth League leader and not based on Khasim's complaint. "Khasim is a victim but the police denied the opportunity to be a complainant in the case," Adv Shah told the court.
Ad Shah also insisted that the police should have invoked charges of forgery in the second FIR. When Judge Thomas asked the government why the sections connected to forgery were not incorporated, Additional Public Prosecutor Narayanan said that the complainant could not dictate the sections in an FIR.
But last week, four months after the FIR was registered, the police invoked Section 468 (forgery for cheating) and Section 471 (using a forged document as genuine) of the IPC.
When contacted, Khasim said he was pleased with how the High Court took up his writ petition. "When I approached the court, I was an accused. Now, the court is almost convinced that I am a victim of forgery and has given me the rights of a complainant. The police also told the high court that they found nothing in my phone," he said.
Now, the UDF will keep a close watch on the police investigation to bring out the truth, he said. At 4 pm, the Muslim Youth League is taking out a 4km march from Thazhe Angadi Market to the SP Office in Vadakara, demanding action against those behind the screenshot and also protesting against alleged criminality in the police force and secret bonhomie with the RSS. IUML leader PMA Salam will inaugurate the protest march.
