'We Don't Trust the Police': Khan's Family on 1 Month of Panipat Custodial Death

One month after Ayyub Khan's death in police custody, his family tells us some of the accused are yet to be nabbed.

(Photo:Arnica Kala/Accessed by The Quint)T

Khan's family says that cloth was tied around his face, he was dragged while being abused and beaten.

"We are Muslim, why would the police help us?"

One month after the custodial death of 50-year-old Ayyub Halchali Khan, his relatives tell us why they continue to be scared of Haryana Police.

"One of the men who assaulted my uncle in the scorching heat on the terrace of Quila police station was a police official himself. He had taken Rs 40,000 from me in the week that they were harassing and torturning everyone from my family, while saying that if I paid him he will leave us be. We are poor, daily wage workers. I am so scared that the police will create more issues for us, that I cannot even ask them to return my money," Dilshad, Khan's relative who was an eyewitness who alleges he was hit on his back by the police himself, tells this reporter.

Their homes are mourning the death of Ayyub, who was known to be a socially popular person, primarily because he was a poet and comedian, regularly performing at mushairas (poet gatherings).

"He would come on the stage and people would start laughing. His style was brilliant and people could listen to him for hours," Dilshad said. Khan is survived by 6 children, three girls and three boys.

(Photo:Waqt Media)

Khan was a comedian and poet who often had the audience in splits with his performances.

What is The Case About?

Ayyub was picked up for interrogation when his son-in-law's brother, a 25-year-old boy ran away with a 23-year-old girl from the Ashok Vihar area of Panipat on 27 of May. In the aftermath a case was registered by the girl's mother under Section 363 (punishment for kidnapping) and 366 (kidnapping) of the Indian Penal Code.

Within days of the FIR, the family of the boy allege they began to get harassed by the police. Two of his brothers told this reporter how they had no idea where he was, that the girl and boy were adults, and not told them anything before running away, but the police would not buy it.

(Photo: Accessed by The Quint)

Khan is survived by six children, of whom only the eldest does some work in the furniture market.

The interrogation got unpardonably ugly, when on 8 June Khan was taken to the terrace of Quila police station for a second consecutive day and died within hours at a local hospital. There were protests by his family members, demanding the arrest of the men involved.

Dilshad's brother, Noor Mohd, told us how the police were actually after him, but because he had left the area with his wife and kids, they were told by locals that Khan lived a kilometer away. "I had got a call that after harassing my other brothers, the police was coming after me, so I left my home and went off with my family. In the meantime they picked my father-in-law up. He is a distant relative and has no connection with the issue, they also picked up another uncle of mine from Lakhimpur Kheri in Uttar Pradesh. Ayyub died, but he did not."

Ever since the testimonies of the girl and boy who left have been recorded, and the girl has told the magistrate she left her home cause she was going to be forced into marriage four days later, The Quint has learnt through reliable sources.

Simultaneously a case has been registered on the death of Ayyub under Section 302 of the IPC. These include ASI Dharamveer Singh and the girl's relatives Sumit and Sunil.

We spoke to Khan's family, the girl's mother and the police to track how the investigation in the custodial death case is progressing.

Ayyub's Relatives: 'Some of the Accused Are Still Absconding'

"While beating him, the men said "Ye saale aise hi hai, Ye mulle aise hi hai. Maaro inhe, aur maaro. (These people are like this only, this is how Muslims are. Beat them up.)," Dilshad, 39, who works in a factory that stitches cushions and pillows recalls what he saw and heard. "We are a family of daily wage workers," he explains.

Khan worked as a supervisor in a factory where carpets were made in Sonipat. Ever since his death, neighbours, people from the community and other relatives are helping pay expenses for his six children.

(Photo: Accessed by The Quint)

Khan's death on 8 June did not happen out of nowhere, there was over a week of continued harassment and torture. Noor Mohammad said, "Everyone kept being called and questioned. Inside the police station on the 8 June they however put a cloth around his face and dragged him around." He was not the only one who was picked, there was another distant uncle called Achchan who was picked from Lakhimpur Kheri close to Lucknow, UP.

When asked why Khan's family did not feel comfortable in reaching out to higher authorities to complaint of the harassment, they said, "We did not even think about that. If that was the case, then during interrogation the police would not have harassed us to begin with. If I had gone to the police and filed a complaint, then no one from outside should get involved. If it was our girl, would we get on the side of the police and instigate them to torture the other side? We would not think of doing that. Now if the police is also involved in harassing us, then what recourse do we have?"

The allegations that the police official along with the girl's uncles started thrashing the man ruthlessly.

Dilshad also claims that ASI Singh kept asking him for money. "Over that time we gave him about Rs 40,000 that he said was needed so he would not harass us. He took the money and continued to harass us. Befazool mein humse paise le liye (He took money from us unnecessarily)," he says.

On the way the investigation has progressed in the last month, including the arrest of three accused, Dilshad says, "Considering the investigation by ASP Pooja (who is heading the SIT) it is going fine till now, but we can not say more. When one of their own is involved, how do we know how properly they will follow the law?"

Dilshad says that he is hesitant to even bring up the fact that he paid Rs 40,000 to ASI Dharamveer Singh over the one week leading up to Ayyub Khan's death. "I have not brought it up till now. We are scared, our problems are only increasing. We are scared if we bring this up then the police will create more hurdles for us. They will naturally trouble us further." He added that they are yet to get a copy of the post-mortem report from the police, an essential document which hold immense value in proving the cause of death in a court of law.

Girl's Mother: 'It is the Police's Job to Interrogate, His Death is Only Their Fault'

While the girl and boy have recorded their statement, the girl's mother Sunita is shattered. "Everything has broken down around me."

40-year-old Sunita works as a sweeper in a hospital in Panipat. Her husband died a few years ago and she was single handedly bringing up her daughter and a son, who recently had an accident and is recuperating. "I made her study and do her BA, not so she could get married to a labourer. I found a good man for her who she was going to get married to four days later," she says.

When speaking about the nature of allegations against her relatives, Sumit and Sunil, she says that they are baseless.

"These are all lies. I was not present there when this happened. We were downstairs and around 5:30 pm the women were asked to leave, and so we did. Sunil and Sumit stayed back. Now in front of the police why would any one from outside beat a man up? How would they do it? This is the police's responsibility."

Girl's mother, Sunita.

Sunita added that it is the police's job to do interrogation. "We did not tell ASI Singh to beat anyone up, it is his job to interrogate and he employed incorrect means. It is his fault and these two are getting involved," she said.

She says the police is making her take her case back. "They are telling me my daughter does not want to talk to me, they are saying a man from their side has also died and now they are telling me that if i probe this further I will have a case against me. So they made me sign on a document," she said.

Police Says, Can't Disclose Info as Matter Sub-Judice

The Quint sent the following four queries to SP Shashank Kumar Sawan and ASP Pooja Vashisht.

1. Some accused are still absconding, sir. Some accused who the family of Ayyub Khan saw. Are efforts on to nab them?

2. Has the Post Mortem report been shared with the family yet? They say it hasn't.

3. The family says they paid about Rs 40,000 to ASI Dharamveer Singh, will they get that money back?

4. What happened to the case registered by the girl's (Kajal's) mother? The mother alleges she was asked to take her complaint back as the daughter has told the magistrate she left of her own free will.

While ASP Pooja said she will respond later (and we will add her response as and when it comes), SP Sawan said the following:

The case is still under investigation and hence its details cannot be discussed. It was an unfortunate and completely avoidable incidence. A case u/s 302 IPC was registered and three persons, including one police officer was arrested immediately after the FIR registration. This is my reply to all your questions. Kindly be patient. All details will be made public once the investigation is complete. An SIT has been made with an IPS officer heading it, on the request of the family members. They are being regularly briefed of all the proceedings..