If anyone harms the victim, Asif Sheikh, or anything bad happens to him, the police will be responsible, the court said
Team ClarionÂ
MUMBAI – The Bombay High Court has recently ordered enhanced police protection for a Muslim man, Asif Sheikh (36), who was subjected to violence and religious prejudice during a train journey in January 2024. The court sternly warned the police, declaring, “If anyone harms the victim or anything bad happens to him, the police will be responsible.”
The landmark directive issued on December 19 follows a petition filed by Sheikh, a resident of Chembur, who reported ongoing threats to his safety. The incident, which sparked outrage, unfolded aboard the Madgaon Express as Sheikh and his family returned to Mumbai from Sindhudurg. A group of students aboard the train reportedly mistreated Sheikh, forcing him to chant “Jai Shri Ram” and questioning his right to live in India due to his faith.
The ordeal began as a noisy commotion among students turned confrontational. Upon learning of Sheikh’s Muslim identity, the youths escalated their aggression, pressuring him to chant the Hindu slogan. When he resisted, they hurled threats, asserting that he should leave India and move to Pakistan. The verbal abuse quickly turned into a broader act of intimidation, traumatising Sheikh and his family.
Reflecting on the incident, Sheikh recounted, “It was terrifying. They surrounded us, shouted slogans, and made us feel as though we didn’t belong in our own country.”
Sheikh filed a formal complaint with the police, leading to a case being registered against unknown assailants. However, the filing of the case seemingly exacerbated the threats. Sheikh reported being followed and intimidated, with anonymous individuals warning him to withdraw his complaint or face dire consequences.
Fearing for his life and the safety of his family, Sheikh sought the intervention of the Bombay High Court. Represented by his lawyer, Gautam Kanchanpurkar, Sheikh urged the court to direct the police to ensure his protection. During the hearing, Kanchanpurkar informed a two-judge bench, comprising Justices Revati Mohte Dere and Prithviraj Chavan, that Sheikh was reluctant to visit his native village due to persistent threats.
The court expressed grave concern over the situation, admonishing the police for their failure to adequately address the threats. In its ruling, the bench declared that any harm to Sheikh would be deemed the responsibility of the police, underscoring the urgency of providing robust security.
“The victim has endured significant trauma and continues to live under the shadow of fear,” maintained Kanchanpurkar. “This is not merely a matter of individual safety but a question of justice and equality in our society.”
The case has highlighted the increasing instances of religious harassment and the vulnerability of minority communities in India. Civil society groups have criticised the incident, urging stricter action against hate crimes.
“This is a chilling reminder of the growing polarisation in the country,” said a representative from a Mumbai-based human rights organisation. “Forcing someone to prove loyalty based on religion is a dangerous precedent that must be addressed.”
The court’s intervention has been lauded as a step toward accountability, though activists argue that systemic changes are needed to prevent such incidents.
Asif Sheikh’s case is emblematic of the challenges faced by Indian Muslims in an increasingly hostile environment. Despite the trauma, Sheikh remains resolute in his pursuit of justice. “I will not back down. This is not just about me; it is about ensuring that no one else has to endure this,” he affirmed.
While the court’s order offers a degree of relief, Sheikh’s experience raises pressing questions about the state of communal harmony in India and the role of law enforcement in safeguarding vulnerable communities.
The story of Asif Sheikh serves as a stark reminder of the need for vigilance and accountability in addressing hate crimes. His fight for justice echoes the voices of many who seek to reclaim their rightful place in a diverse and inclusive India.
