– Arshad Shaikh
Syeda Saiyidain Hameed. A social worker, an educationist, an octogenarian, a former member of the country’s Planning Commission and a Padma Shri awardee. Recently she came into the limelight for all the wrong reasons. The reason – 16 FIRs registered against her simultaneously in the state of Assam. Yes, 16 FIRs. The reason – all she said was Bangladeshis are also humans, they should also get respect. This statement was immediately termed as support for infiltration. The Chief Minister of Assam accused her of wanting to fulfil Jinnah’s dream. Some directly called her a traitor.
The question is, should there have been a debate on her views? Or 16 criminal cases against her? Think about it, what does 16 FIRs mean? Appearances in 16 different courts. Lawyer’s fees every time. Travel every time. Waste of time and energy every time. Maybe none of these cases stands in court. But the process of harassment is the real punishment. And this story is not limited to Syeda Hameed. Today it has become a pattern in the country. Those who question the government, be it journalists, writers, social activists or political leaders, everyone is facing this weapon. FIR, which was once considered the first step in protecting citizens, has today become a tool to create fear and intimidation.
The growing list of targets
Assam is gaining notoriety for the filing of FIRs against those who dissent against power. FIRs have been registered in Assam against journalists Siddharth Varadarajan and Karan Thapar. What is the charge? Endangering the sovereignty of the country and public order. Their publication “The Wire” was accused of spreading misinformation. Similarly, another journalist, Abhisar Sharma. An FIR was registered against him in Guwahati. The sections are the same, related to treason. The charge is that he made an anti-government video. The police said that his words spread religious hatred. The condition of activists has been even worse.
In 2019, RTI activist and farmer leader Akhil Gogoi was arrested. UAPA was imposed against him. He was accused of participating in protests against the Citizenship Amendment Act. He got relief only after spending months in jail. The stories are similar for tribal rights activist Shringal Chaliha and Congress MLA Asif Mohammad Nazar. A pattern is clearly visible. Whoever challenges the narrative of power is entangled in long cases. Be it a journalist, an activist or a leader. The result is the same. Court visits, the cost of fighting the case and troubles for years.
How the FIR process works
FIR means First Information Report. It is registered under Section 154 of the Code of Criminal Procedure. It registers a cognizable offence. That is, a crime in which the police can investigate and arrest even without the permission of the court. Once the FIR is registered, the entire machinery of the state starts working. The accused can be called. He can be questioned for hours. He can be taken into custody at any time. Even his house and office can be searched. And after all this? The accused is forced to spend his time, his energy and his money in legal defence. No matter how weak the case is, the real punishment becomes the process. The investigation can drag on for years, not months. If multiple FIRs are filed in different states, such a web of cases is created that a person is unable to get out of it.
A pattern of harassment
There are three interlinked truths behind this. The first truth is about the political environment. Today’s environment rewards leaders who call critics of the government – enemies of the nation. The second truth is related to the police. The police often work under the pressure of the ruling party. Therefore, when an order comes from above, an FIR is registered. No matter how trivial the matter is. The third truth is the slow pace of our courts. Cases drag on for years. The accused gets tired of waiting for this long time. Even if relief is given, it is delayed. This delay benefits the government because the real punishment becomes the process itself. Civil society organisations have reported on this many time. They have shown that the number of FIRs registered against journalists is constantly increasing. The Editors Guild of India has warned that controversies which should be seen as normal debate or difference of opinion are being criminalised. Human rights organisations are also repeatedly reporting that serious sections are being imposed on activists. Especially those who work on the rights of minorities or raise their voice on environmental issues. In many cases, they are trapped in anti-terrorism laws.
The chilling effect
The impact of this FIR-weaponization strategy is not only on those who are directly targeted. The message is clear. Speak against the government and face the consequences. Small magazines and local newspapers now publish reports after careful consideration. If the report is critical, it is weighed several times before getting entangled in a lawsuit. Young activists also think twice before joining any movement or protest. The common citizen sees all this. He/she sees that famous journalists, big writers and social workers are being dragged to courts. And then fear takes root in his mind; if all this can happen to them, what will happen to me. This fear weakens democracy. Accountability decreases. Registering a protest becomes a dangerous task. The misuse of FIR also breaks the trust in the justice system. Citizens start looking at law as punishment, not protection. When the belief in fairness starts to waver, respect for the rule of law also starts to wane. And when this happens, the foundation on which constitutional democracy stands is hurt.
The way forward
If we look at this whole issue from an Islamic perspective, it becomes clear that justice is the basis of governance. The Qur’an says, stick to justice, even if that justice goes against you. The Prophet Muhammad ﷺ warned against making false accusations and misuse of power. If we want to stop the misuse of FIRs, there are clear and concrete ways to do so. The courts should immediately end the false and malicious cases. Parliament should seriously debate on how to stop filing multiple FIRs at different places on the same allegation. Action should be taken against those police officers who file cases under political pressure. Civil society will have to constantly bring these cases to the fore. Remember, dissent is the heartbeat of democracy. If you consider it a crime, you will kill democracy.
