Surat incident: Allegations of bias and misconduct in fact-finding report

By Jag Jivan   
A fact-finding report details events following an incident near the Variyavi Bazaar police chowki on Variyavi Bazaar Main Road in Surat. According to the report, a Ganesh pandal was situated 50-100 meters from the chowki. It is alleged that 5-6 Muslim children, aged 8-10, arrived in an auto-rickshaw driven by a Hindu and threw stones at the Ganesh pandal, hitting drums placed there.
Locals apprehended the children and handed them over to the police. Instead of taking the children to the Variyavi Bazaar police chowki near the incident site, the police reportedly took them to the Saiyedpura police chowki, approximately 250-300 meters away. An FIR, number 11210061240446 dated 9-9-24, was registered, naming the children as accused under sections 189(1), 189(2), 190, 298, and 299 of the Bharatiya Nyaya Sanhita (BNS).
Meanwhile, a crowd of Hindus gathered at the Saiyedpura police chowki, allegedly mobilized by Hindu community leaders via phone calls. The crowd reportedly chanted slogans demanding the children be handed over, the demolition of Muslim homes, and the imposition of PASA (Gujarat Prevention of Anti-Social Activities Act). Surat North MLA Kanti Baler, Mahila Morcha leader Sejal Ben, corporators Rakesh Mali and Aarti Ben Patel, Mayor Daxesh Bhai Mawani, and other leaders also arrived. They allegedly delivered inflammatory speeches using a microphone.
MLA Kanti Baler, addressing the crowd with a microphone in the presence of police, reportedly stated that no Muslim would be released, affirmed his support, and indicated that such stone-pelting would not be tolerated. Following this, a police officer standing nearby reportedly spoke into the MLA's ear. The MLA then reiterated that repeated stone-pelting would not be tolerated and affirmed his and the BJP's support.
After the alleged inciting speeches by the MLA and other leaders, the crowd reportedly vandalized and set on fire cars, auto-rickshaws, and motorcycles parked there, and damaged street vendor carts selling snacks. The crowd repeatedly demanded that the children be brought out and handed over. Subsequently, the crowd allegedly went and pelted stones at Muslim homes and a mosque. While the crowd was gathering, Muslim community members reportedly called police officials requesting police deployment, but the police who arrived allegedly remained passive.
Alongside the Saiyedpura police chowki, vehicles belonging to Muslims parked near Khair Tea Centre in front of Patel Pau Bhaji at Katar Gam Darwaja were also reportedly vandalized and set on fire by the crowd, allegedly in the presence of police.
During this time, the Minister of State for Home Affairs, Shri Harsh Sanghavi, visited the incident site at Variyavi Bazaar and told the media that the accused would be arrested before sunrise.
Following this, police reportedly entered the Muslim-majority Saiyedpura area around 2 am, forcibly broke open the main gate of Al-Ilaf Apartment, and then broke down the doors of flats, entering homes. They allegedly verbally abused women and children inside and arrested the men present. Subsequently, they reportedly entered Roshan Park Apartment under the pretext of going to the roof and then forcibly entered homes, assaulting and arresting men. When women in the homes inquired about the reason for the arrests, they were allegedly verbally abused. During this operation, police also allegedly took CCTV DVRs from the apartments and roadside locations.
Police recorded the time of the incident as approximately 9:45 PM on 8-9-24. The report states that while arrests were made around 2-3 AM on 9-9-24, the FIR number 11210061240447 was registered at 6:30 AM on 9-9-24. This FIR reportedly stated that a Muslim mob had gathered and engaged in vandalism. However, the fact-finding report claims that videos clearly show a Hindu mob being incited by leaders. The first FIR reportedly named 27 Muslim individuals and mentioned a crowd of 200-300 people. A subsequent FIR, number 11210061240448, reportedly accused a crowd of 70-80 people of vandalizing vehicles, with no named accused in this FIR. The report mentions that three Hindu individuals were arrested in this FIR and granted bail.
The following morning, on 9-9-24, the Minister of State for Home Affairs, Surat police officials, and corporation officials reportedly performed Aarti at the Ganesh pandal near the Variyavi Bazaar police chowki. Afterward, the administration allegedly used bulldozers to demolish tea and snack stalls and temporary shops near the Saiyedpura police chowki.
The report states that the accused were presented in court at 4 PM on the 10th. During this time, police allegedly severely beat these individuals, making it difficult for them to walk properly. Their family members were reportedly not allowed to meet them.
The report highlights several key aspects: the relocation of the children to a different police station, the non-arrest of the Hindu auto driver, the distance between the initial incident and the apartment raids, the timing of arrests versus the FIR registration, the claim of innocence of those arrested, the alleged taking of CCTV DVRs by police, questions about the source of the stones, the lack of action against the MLA for his speech, the mobilization of the crowd at the police station, the lack of arrests for vandalism and arson, the alleged inaction of police during the events, and the alleged mistreatment of those arrested.
Based on these findings, the report demands FIRs against police for unauthorized entry into homes, breaking property, verbal abuse, and looting CCTV DVRs. It also demands the immediate arrest of the BJP MLA for his alleged inflammatory speech and an investigation into the decision to take the children to the Saiyedpura police station. The report calls for an investigation into Hindu leaders who allegedly gathered the crowd, compensation for damages, and action against police for the alleged mistreatment of those arrested. Finally, it requests a thorough investigation by a sitting judge of the High Court due to the suspicious nature of the events.