1. Minority educational institutions – grant of minority status and other matters.
As a result of vigorous follow-up by the Commission with the educational authorities of the State Governments, minority status was granted to a large number of educational institutions run by the notified minority communities in Uttar Pradesh. During June – October 2004, minority status was granted by Government of Uttar Pradesh to as many as 77 schools and a Degree college (S.S. Willayat Hussain Degree College, Deoria). On account of persistent efforts of the Commission for the last three years, Government of Maharashtra allotted land to Dr. Zakir Hussain Urdu High School and Junior College, Phulgaon for construction of school building.
- ‘Nazul Land’ is the land which is given on lease by the municipal authorities to private persons for non-agricultural purposes. This type of land being barren, no agricultural activity is possible on it. The President of Dr. Zakir Hussain Urdu High School & Junior College, Phulgaon (Maharashtra) had complained to this Commission that since 1976, the institution had been applying to the district administration for allotment of ‘Nazul Land’ in order to construct a school building but their request was not being acceded to. Consequent on Commission’s intervention, the Maharashtra Government allotted two plots of land having a total area of 2250 sq. m. to the school in August, 2004.
- On NCM recommendation, Ministry of Human Resource Development wrote to UGC advising it to issue a direction to the Universities to use their discretionary powers to allot one or two seats in colleges for deserving Parsi students from the academic year 2005-2006 onwards. The University of Mysore has already implemented this direction for the academic year 2006-07. The Mumbai University is awaiting confirmation from its Chancellor for implementation of the direction.
- The winter holidays of the Kendriya Vidyalayas were scheduled from 22nd December to 2nd January. From the academic session of 2003, the holidays were shifted to 5-18th January. After the Commission took up this case with Kendriya Vidyalayas Sangathan and Ministry of HRD, a decision was taken by the Ministry on 22.10.2004 restoring the winter break in Kendriya Vidyalayas from 22nd December every year.
2. Grant of Rs. 5 lakh compensation to the families of three Muslim youths murdered by police officials at Kasna Police Station in Dadri town of Gautam Budh Nagar District
In connection with murder of three Muslim youths at Kasna Police Station in Dadri town of Gautam Budh Nagar District (NOIDA), NCM summoned Sh. Alok Sinha, Pr. Secy. (Home), Sh. J.S. Gungesh, D.G, CBCID and Sh. Yashpal Singh, DGP of U.P for hearing on 14.12.05. In the hearing held on 14.12.05, Sh. J.S. Gungesh, DG, CBCID, Sh. Jagannath Singh, Home Secretary Sh. S.N. Singh, IGP (Human Rights) and some other police officers participated. Dr. M.S. Usmani, former Vice Chairman, Sh. A.R. Shervani, former Member and Secretary and J.S were present during the hearing. The U.P Govt. team informed NCM during the hearing that six police officials of Kasna Police Station who were earlier suspended, had been dismissed from service. They also stated that the State Govt. had just accepted the NCM recommendation for compensation of Rs.5 lakh to each of the families of three deceased youths and the compensation may be paid within a month.
During the hearing the Commission invited attention of the State Govt. team to the stay orders granted by Allahabad High Court in this case initially on 23.6.05 and again on 19.11.05 in respect of the trial and attachment proceedings against the guilty police officials. Sh. J.S. Gungesh, DG, CBCID informed NCM that the stay orders were ex-parte and a Counter Affidavit was filed by the State Govt. on 8.12.05, he assured NCM that an application would be moved through the Govt. Counsel to expedite the hearing. The State Govt. team was advised to move an SLP immediately against the stay orders. The DG, CBCID submitted before the Commission that the SLP might be a premature move and the State Govt. would consult its Law Department on the feasibility of filing the SLP.
On 25.1.06, the State Govt. issued sanction of a total amount of Rs.15 lakh (Rs.5 lakh each to the three families) to be paid as compensation to the families of the deceased Muslim youths. The money was handed over personally to the three families at Sec-39, Noida by Sh. Piyush Mordia, SSP, Gautam Budh Nagar.
Sh. S.N. Singh, SP, CBCID, Lucknow vide his letter dated 16.1.06 informed NCM that there is no legal basis to file an SLP in this case and therefore, the State Govt. has filed an application in the Allahabad High Court for vacation of stay order.
During the hearing held on 14.12.05, the U.P Govt. team was advised to seek opinion of Advocate General of Uttar Pradesh on the feasibility of filing the SLP.
3. Monitoring of Custodial killing case of Hashimpura (Merrut, UP) by NCM
The case came up before Sh. N. K. Kaushik, Addl. Session Judge, Tis Hazari Court on 11.5.06. Sh. R. C. Sharma, Sr. Public Prosecutor, CBCID, UP, Special Public Prosecutor appeared on behalf of Govt. of UP along with M/s. Rebecca M. John, Advocate and Sh. Vishal Gosain, Advocate appeared on behalf of prosecution side. Sh. Malik, Advocate, Delhi High court appeared on behalf of the defence. The arguments from prosecution as well as defence centered around framing of charge against the police officials involved in the murder of 41 Muslim youths in Hashimpura in 1987. The charges have been framed on 24.5.06 against 16 police officials of Merrut, UP. National Commission for Minorities has taken initiatives for early hearing of the case and requested Govt. of India, Ministry of Legal Affairs to nominate a Govt. Counsel who can appear on behalf of NCM and accordingly Sh. Rajinder Vats, the Govt. Counsel has been engaged by Department of Legal Affairs of behalf of NCM. Sh. Vats the Govt. Counsel have been requested to monitor the case so that there should be effective hearing of the case.