Victimhood or Accountability? Prof. Ali Khan’s Arrest and the Islamist Challenge in India.

         As a legal resource person, I can relate the extent to which sec 152 BNS has been applied to arrest Prof Ali Khan of Ashoka University. Even the explanation of sec 152 says, “comment expressing disapprobation of the measures, or an administrative or other action of the government with a view to obtain their alteration by lawful means without exiting the activities referred to in this section do not constitute an offence under this section”. As of law, I can say that power of arrest has been used extensively by the authorities. Mr Ali Khan was happy when right wing commentators applauded women Indian officers. He was expecting that they should also speak out loudly on ‘mob lynching and arbitrary bulldozing’. He considered that these optics of two women representing army as ‘hypocrisy’ if they do not relate with the issue raised by Dr Ali Khan (mob lynching and arbitrary bull dozing).

But now the reciprocating question arises by the events I would like to mention in descending order:-

Pahalgam attack, April 2025: This horrific and cowardly act of terrorism which resulted in tragic loss of 26 innocent civilians who went out there for a holiday. The attack targeting individuals on basis of religious identity was solely aimed to sow fear among particular religious identity i.e. Hindus. Not a single Islamist right or left wing, liberal or fundamentalist, progressive or regressive came out to condemn Pakistan projected Islamist terrorism except Asad-ud-din Owaisi.
Murshidabad violence 2025 : Riots in Murshidabad erupted after Hargovind Das and Chandan Das (father and son) were hacked to death by Muslim mob in wake of Waqf protest. This agitation went on to become a communal riot leaving a clear traces of demonising acts of Islamist followers. This communal riot led to fleeing of Hindu community from their native place. I really don’t recall that any Muslim scholar spoke for the indisplaced Hindus. Where had the optics of Mr Ali Khan vanished or did not alighted. The plight of indisplaced people can never be expressed in words. It can be just felt if, of course, the solidarity feeling exists.
Bahraich violence October 2024: During a durga puja, in a bid to take down a green flag young man was shot down by the other (one fanatic act led to another fanatic holocaust). A trifle dispute led to brutal clash and again the same story underwent.
Sandeshkhali violence April 2024: Sandeshkhali is the tiny island at the mouth of Sunderbans. It underwent a massive agitation by women against TMC goon Sheikh Shajahan and his associates. Alleging years of oppression and sexual harassment, the protest revealed the amount of atrocities, the women of Sandeshkhali underwent. As the term calculative harassment used by the supporters of Ali Khan actually fits for women victims subsequently leading to agitation against Sheikh Shahjahan.
Sambhal violence 2024: Tension rose when court ordered second survey of the mosque. The demonstration turned violent with stone pelting and burning of vehicles. But the larger question arises: the targeted violence against Hindus in secular state.
Nuh violence 2023: As many as two home guards were killed and many were injured including policeman when Muslim mob pelted stones at jalabhishek yatra. In each and every communal violence between Hindu and Muslim, the modus operandi amd mens rea remain the same. Why does not any scholar speaks out over this modus operandis (using petrol bombs and accumulation of stones).

Almost the entire world is the victim of Islamic terrorism. Among many some of the recent incidents like the shooting attack in Vienna, Austria that left 4 civilians dead; stabbing in France with 3 casualities are examples of Islamic terrorism. Islamic terrorism has the potential of dividing the societies be it within their own community. They are succeeding due to silence of so called calculated victims. Scholars are raising the question on how terrorism should be reported to avoid generating negative attitudes towards Islam. But no one dares to speak against Islamic fundamentalism which itself is a real cause of Islamophobia. When any activity is religiously inspired that has the basis of rejecting democracy and aim to create a state governed by regressive Islamic sharia law, legitimising act of violence, it rapidly takes the face of Islamic terrorism based on fear. Muslims from all part of world have a “victim mentality” and now they need to take greater responsibility for their community.

Instead of embracing the opportunities presented by India’s secular and democratic framework post-Independence, the community has often reverted to religious identity-based politics, which conflicts with democratic ideals and potentially indulge them towards fundamentalism. The community’s persistent sense of victimhood, rooted in historical events and identity politics, had hindered their integration and progress in contemporary India. Scholars like Dr Ali Khan should make a more proactive approach, and encourage the community to engage with modernity, education, and democratic participation. By doing so, they can become integral contributors to India’s development and reshape their role in the nation’s future. Among many others, I would be first person to applaud any Islamic scholar who step up against Islamic fundamentalism as I did in case of praising Asad-ud-din Owaisi who rebuked Pakistan after post Operation Sindoor.

What I believe is that radicalizing Islam is a process of manipulating facts and events to make people believe in a false narrative. The sense of superiority among other religion, feeling of injustice, vulnerability about impending doom and distrust of others are some manifestations through which all Muslims are inoculated. Terrorism, just the tip of iceberg, is the visible end product of this venomous feeding supply chain. Radical Islamist groups construct a narrative portraying Muslims as universally oppressed by Western civilizations and even by some of the leaders of Muslim-majority countries who are seen as complicit. This perceived victimhood is used to justify acts of terror as righteous retaliation. Unless the process of radicalization is understood and countered, we cannot hope to curb this menace. So we should target terrorism, not just terrorists. Perspective should emerge that challenges the narratives used by extremist groups to justify violence, highlighting the importance of understanding and addressing the psychological and ideological roots of radicalization.
Now coming on arbitrary bulldozing the apex court of India have clearly laid down the guidelines and curtailed the power of the state government. The SC laid down that :
1. Executive cannot act as judge by demolishing property of an accused. Such actions violate constitutional limits.

2. Every accused has the right to a fair trial. Prejudging guilt and punishing without trial is unconstitutional.

3. Right to shelter is part of the Right to Life (Article 21). Demolition must follow due process and be the last resort.

4. Evicting women, children, elderly without notice is inhumane. Authorities must show restraint.

5. Demolitions without notice are against natural justice. Reflects a “might is right” mindset.

6. It clearly stated that selective demolition is abuse of power: Targeted action raises questions of discrimination and arbitrariness. Only unauthorized structures on public land can be demolished.

7. High-handed public officials must be held accountable. Arbitrary state actions demand restitution to the victims.
The SC passes decisions for the safeguards of constitutional rights of Indian citizens without any biasness towards any religion. It has, even in the past, passed decisions for the constitutional rights of Indian citizens of Muslim faith, and decisions on the personal laws of the Indian citizens of Christian faith.

          On optics of two women soldiers presenting their view, it was government of India’s answer to Pahalgam terrorists who murdered only Hindus and thought they were sowing seeds of social strife – Muslims and Hindus fight together for India. As we all know that, Islamic principles govern the legal system in countries where Sharia law holds sway. It’s implementation disproportionately impacts women’s rights and freedoms in several countries. It has become a tool to perpetuate inequality and restrict women’s freedoms. Gender equality under Sharia law is oxymoronic and challenging at its height. In many Muslim countries such as Nigeria, Pakistan, Ethiopia, Ivory Coast, Burkina Faso, Niger and Yemen, Muslim women are subjected to patriarchal norms and varying degrees of restriction on economic participation which reduces the status of women in relation to acquisition and dissemination of knowledge in the society. The lack of education has been recognized as a stumbling stone in the way of women’s progression in Islam. And in contrast, this presentation by two women soldiers gave a strong message to the international society.The decision to have two women officers lead the briefing was symbolic , underscoring India’s resolve to combat terrorism, paying tribute to the widows of those killed, and conveying a powerful message of unity and communal harmony.

What else can be ulterior motive behind it? When Islamic terrorism is creating terror in name of religious identity, the government of India sent a strong message of unity. Sending a wrong narrative to the society is the psychological process of manipulating the facts to make people fall in ditch.