On Sunday evening, Sadiq Usman Shaikh was on his way home on his motorcycle with his wife, his six-year-old son, and three-year-old daughter – after spending the day at his sister’s house – in Maharashtra’s Latur. But before the ride was over, his wife and his daughter were killed in an alleged hate crime.
The bike was hit by a Ford Fiesta, whose occupants allegedly hurled communal slurs and chased the family after an altercation with 32-year-old Sadiq a few kilometres away from his sister’s house in Ausa.
Two days after the incident, police filed a case under Bhartiya Nyaya Sanhita sections 103(1) (murder) and 352 (intentional insult to provoke with the intent to provoke a breach of peace). They arrested four accused, identified as Manoj Mane, Basavraj Dhotre, Manoj Muddame and Krishna Waaghe. A fifth suspect, identified as Digambar Padhure, is on the run.
The FIR alleges that when Sadiq asked the group to drive carefully, they verbally abused him and asked him to leave. It does not refer to any communal remark, even though the family claims the episode was communally motivated.
Sequence of events
Sadiq, who works at a finance company in Latur, visited his mother with his family at his sister’s house in Ausa to deliver her medicines in the afternoon. He left after dinner with his wife Iqra, and his children Nadia and Ahad, aged three and six years, respectively. While he was on his way home, a Ford Fiesta allegedly swerved in front of the bike and then slowed down, said Sadiq’s younger brother Ali Shaikh.
Ali alleged that when Sadiq objected to reckless driving, the group allegedly hurled communal slurs, referring to Sadiq as “laandya” – a derogatory term used against Muslims in Maharashtra. “They shouted, ‘You laandya are acting too smart. You need to be taught a lesson,’” claimed Ali.
The family’s lawyer Altaf Qazi claimed the men in the car identified the family as Muslim as Sadiq’s wife Iqra was wearing a burqa.
They chased the bike for five kilometres before ramming into it at Peth village, Ali claimed. “The impact was so severe that the motorcycle was knocked into a pit, resulting in the tragic deaths of my sister-in-law and niece on the spot. Imagine the amount of hate in their hearts towards Muslims; they didn’t even care about the two young children.”
One of the car’s occupants, who was apprehended by bystanders, was purportedly heard admitting in a video clip – reviewed by Newslaundry – that the car was speeding at over 100 km per hour at the time of the incident.
“After the incident, a family came to my brother’s aid and helped him and the children into an auto rickshaw to Latur. The auto driver informed me about what had happened, and I coordinated with him to get my brother admitted to the hospital. Tragically, my sister-in-law and niece had already died, but my brother and nephew survived,” Ali said.
Sadiq and Ahad received treatment for their injuries.
Diluted charges?
Ali claimed the family faced difficulties in filing an FIR, which was lodged in the early hours of October 2.
“The next day, when we went to the Ausa police station, police assured us they would file an FIR and asked us to first complete the last rites for our family members. Later that evening, we approached the police through our lawyer, but they were preoccupied with security duties for a political event and asked us to return the following day,” he alleged.
“When the police finally came to the hospital to take my brother's statement, they informed us that they would file the FIR under section 106 (culpable homicide not amounting to murder). They mentioned that the Superintendent of Police had instructed them to proceed under this section. We argued that this was a case of murder fueled by communal hatred…However, the police were unwilling to listen,” Ali claimed.
The family’s lawyer Altaf Qazi claimed, “When I argued for the application of section 103(1), they switched to section 106 but continued to pressure the family to accept that charge…they appeared determined to misrepresent this hate crime and murder as merely an unfortunate incident.”
Azhar Tambol, a social activist, said, “These incidents are happening because the political parties in the state are not reacting strictly to such incidents. In fact, some political leaders themselves are involved in spreading hate and misinformation against Muslims…because of the lackadaisical attitude of the state government, miscreants are getting emboldened…Opposition parties don’t even react to such incidents. It’s sad that a progressive state like Maharashtra which has the legacy of Phule-Shahu-Ambedkar has been witnessing such hate crimes.”
Asked for comment, Ausa police station senior inspector Sunil Rejetwad said, “We did not intend to delay the matter. It wasn’t our goal to book the accused under section 106 instead of section 103(1). Initially, when the family came to the station, it appeared to be an accident. However, after taking the victim’s statement and considering the details provided by the family, we booked the accused for murder. We have also arrested four of the suspects and are actively searching for the fifth.”
Asked about the hate crime allegations, Rejetwad said the “matter is still under investigation and we can invoke the sections later, if we come across any thing of such sort”.
Asked about the alleged delay in filing an FIR, Latur SP Somay Mundhe said, “You can see the FIR. We have invoked the murder section as per the BNS.”
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