The arrest of youth activist Adil Pathan has raised the question of whether the complaints recorded against him were severe and substantiated enough to subject him to the MPDA Act? Or was this an actual misuse of power and the law?
Omer Khan | TwoCircles.net
MAHARASHTRA – The arrest of 26-year-old Adil Khan Nader Khan Pathan of Katkat Gate Maharashtra on August 15 under the stringent Maharashtra Prevention of Dangerous Activities (MPDA) Act has raised concerns about the misuse of the law in the state, with Adil Pathan’s lawyer and family stating that “Adil Pathan was targeted because of a local political dispute.”
Adil Pathan is a youth activist who joined All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM to do social work. He has completed his SSC from Iqra Boys Urdu School and HSC from Maulana Azad College of Arts, Commerce, and Science.
An order for his arrest was issued by the Commissioner of Police, Dr Nikhil Gupta on August 12.
The police, in their official statement, has said that “Adil is a dangerous person to society and a potential threat to the law and order for the city in the future.” The family, and lawyer of the accused, have strongly contested these claims.
According to his friends and family, he was targeted because of a local dispute between political parties. As per them, he (Pathan) is a scapegoat of the local political rivalry. “The NCP (Nationalist Congress Party) and the INC (Indian National Congress) have also used the situation to trap Adil in this case,” they said.
However, the police have filed five cases against Adil out of which three are pending in court. In two recent cases, which were registered in the Begumpura police station, Adil has been shown as an accused in both matters. As per reports, the Police have also recorded camera statements of two people against Adil with the condition “to not to reveal their names.”
Member of Parliament (MP) Imtiyaz Jaleel from AIMIM (All India Majlis-e-Ittehad-ul-Muslimeen), who represents Aurangabad in the Parliament, visited Adil Pathan’s house on 17 August and spoke to his family about the case.
“Adil Pathan is not a criminal. He has his democratic right to participate in public protests and rallies,” MP Jaleel said, adding, “There are many professional criminals that are active in the society, but unfortunately, the police is targeting only some. I don’t think they (who are targeted by police) are the culprits. As far as I am concerned, instead of working under pressure from any political party, the police should work with an open mind.”
MP Jaleel said that Adil Pathan “was not the main accused in many of the cases but still he has been punished with the MPDA Act.”
“Many criminals are roaming free and a person who is not proven guilty is being arrested under the MPDA Act,” he added.
According to Advocate Khizer Patel, who represents Adil Pathan, “he (Pathan) has been charged with MPDA in two separate cases.”
“One charge is under section 160 of the Indian Penal Code (IPC) and the second charge is when a lady lodged a complaint that many rushed into her house, tore her clothes, and scuffled with her.
In the City Chowk, Chikalthana, and Begumpura police stations, “Adil Pathan has been charged with rioting, terrorizing people, endangering their lives, attempting to murder, brawling in public areas, and molestation.”
Speaking on the case, Advocate Patel told TwoCircles.net that “first and foremost, the woman filed the complaint only after two days. If it was so awful, why didn’t she get up earlier? Second, in another instance under Section 160 of the IPC, two groups were fighting, and Adil’s name is recorded on the 13th number of the FIR.”
Patel said that the case against Adil Pathan “does not meet the requirements of the MPDA Act.” According to the Act, an order can be issued against a person who uses his influence and resources to secretly organize and carry out harmful acts in violation of the law. Slumlords, bootleggers, and narcotics criminals are among them. “People who directly or indirectly create or intend to cause injury, danger, alarm or a sense of insecurity in the general public or a segment of it may be held,” the Act says.
“This is the misuse of the MPDA act. Adil Pathan has never done anything that would define him as a dangerous person,” Advocate Patel said.
Adil Pathan’s family said that he was targeted for his social work and his growing popularity.
Pathan’s uncle Shera Khan said that Adil has been doing social work and assisting those in need. “Adil has aided a large number of people in his community,” he said.
Rebutting the police claims that Adil engages in extortion, Khan said “everyone in the locality adores him and have no issues against him.”
Khan said that Pathan has accomplished a lot in a short span of time. “It was because of the social work that he decided to enter politics. He was also planning to run in local ward elections and his popularity was growing quickly, which could be why he was targeted,” Khan said.
Pertinently, in the past ten months, the city police have detained eight people under the stringent MPDA Act. Shaikh Gaffar alias Bablu Shaikh Sattar, Pawan Ishwarlal Jaiswal, Baban alias Gabrya Bhagaji Makle, Amol Vaijanath Galate alias Galhate, Anil Ambadas Malwe, Shaikh Chand Pasha P Shaikh Naeem, Syed Sharif Syed Musa, and Adil Khan Nader Khan Pathan are among the people apprehended by CP Dr Gupta from October 3, 2020, to August 15, 2021.
MPDA Act went into effect on June 11, 1981, after being passed by the state government. The Act enables the district magistrate and the commissioner of police to use MPDA provisions to detain someone who, in their opinion, is acting in a way that endangers public order. Under the Act, each of these two bodies has the authority to issue an order mandating the detention of such a person.
From Harsul prison, Adil Pathan has sent a letter to his family asking for support and calling the case against him bogus.
“Dear brothers, I truly need you all today. My adversaries, in collaboration with the police, have ensnared me in a major investigation. The MPDA case that they have filed against me is completely bogus. They informed me that I am a big goon in the city that does extortion, looting with a weapon, and abduction, and the people are also afraid to file a complaint against me. But I am fine and will continue to help others. God is on my side,” the letter, a copy of which is with TwoCircles.net, states.
Adil Pathan’s arrest has raised the question of whether the complaints recorded against him were severe and substantiated enough to subject him to the MPDA Act? Or was this an actual misuse of power and the law?