It’s just been five days since 72-year-old Ashraf Ali Sayyad Hussain Maniar was assaulted during a Jalgaon-Kalyan train journey over suspicion of carrying beef. And the chinks in the police action against his attackers are already too visible.

The police are yet to invoke mob lynching charges under section 103(2) of the new Bhartiya Nyaya Sanhita. And there was no suo motu cognisance of hate speech, despite signs that the incident was communally motivated and the Supreme Court’s clear guidelines. 

Maniar was beaten up on August 28. An FIR was filed by GRP Thane police only on August 31, after the family came to know of the assault through a viral video and filed a complaint. His family claimed that a complete medical examination of the elderly man is yet to be done even though he was taken to a hospital on the day the case was lodged.

The FIR named six accused, and the police managed to arrest three of them – Akash Awhad, Nitesh Ahire and Jayesh Mohite – the next day. But they walked out of custody the next day after being granted bail by a judicial magistrate of first class court, considering sections such as unlawful assembly, criminal intimidation, wrongful restraint, rioting, voluntarily causing hurt, insult with intent to provoke breach of peace, and mischief.

The bail was cancelled on Monday after the police, amid mounting outrage, added sections 302 (uttering words with deliberate intent to hurt religious feelings) and 311 (robbery or dacoity with attempt to cause death or grievous hurt) of the Bhartiya Nyaya Sanhita against the accused and moved court against the relief granted to the accused.

The police are yet to nab the other accused.

‘Father never told us he was attacked’

Maniar told Newslaundry that he had gone to the police station at the Thane railway station, but some of the attackers followed him there. The police recorded the incident as a scuffle, made him sign a statement, and didn’t file a case in the absence of a formal complaint.

“When the train reached Thane, I managed to get off and went straight to the police station located at the railway station. Some of the attackers followed me and threatened to kill me if I reported the incident. I felt a sense of relief upon arriving at the police station, where around six police officials were present. Seeing them, I felt somewhat safe…despite the presence of the attackers at the station, the police recorded the incident as a minor scuffle and made me sign a statement. At that moment, I was too disoriented and frightened to file a formal complaint. My only focus was on reaching my daughter's home safely,” he said.

Maniar’s family would’ve never come to know of the incident had there not been a viral video.

His son Ashfaq Maniar said, “My father never told us he was attacked on the train. I only found out about it a day later through social media…when I finally spoke to him, he was crying incessantly , asking, ‘What crime did I commit that those boys beat me so badly? Why would they do this to an old man like me?’ It was heart-wrenching to hear him cry like that. They not only assaulted him but also humiliated him by recording the attack. How can anyone justify such cruelty towards a senior citizen simply because he is Muslim?”

Refused to budge from seat ‘after standing for 4 hours’

Maniar, a resident of Chalisgaon in Jalgaon, was travelling to Kalyan to visit his daughter when he was targeted on the train by youngsters who suspected him of carrying beef. It all began when he refused to budge from his seat, he told Newslaundry.

“I boarded the Dhule-CSTM Express around 8 am on August 28 on my way to my daughter’s home in Kongaon, Kalyan. The general compartment was packed, and I couldn’t find a seat until we were about 10 kilometres past Nashik station. After finally settling down, a young man standing nearby demanded that I move to give him space. When I said that there was no more space available, a group of boys sitting opposite me and others standing around started glaring at me with anger. They insisted that I was on their seat. I explained that I am an elderly person who had been standing for the past four hours and asked them to let me stay as my legs were in pain.”

“Around 1 pm, just as the train was approaching Kalyan station, I was preparing to get down and retrieve my bag. I was carrying buffalo meat packed in two glass jars for my daughter’s family. As soon as I took out my bag, the group stopped me, claiming that I was carrying beef. I explained that it was buffalo meat, but they refused to listen. They didn’t let me get off at Kalyan and attacked me instead. They demanded to know where I had bought the meat. I told them I was coming from Chalisgaon and heading to Kalyan to my daughter’s place. They ignored my explanation and around five of them began to beat me. They struck me several times near my eye, on my chest, and other parts of my body. They hit me on my private part. They punched and kicked me left, right and centre. They hurled a barrage of insults, tore my clothes, and snatched away the Rs 2,800 I had in my pocket. They recorded the assault on their phones. They also took my phone, made me unlock it, and continued filming the attack with my own device. They put those two jars in my lap, made a video and circulated it.”

Maniar claimed the group was headed to Mumbai for police recruitment. “During the attack, some of them even threatened to throw me out of the moving train. They brought me close to the door several times, but other passengers intervened, urging them to stop because I am a senior citizen.” 

He later boarded another train to reach his daughter’s home. 

“As I sat in an auto-rickshaw, I kept thinking that the attack might have happened because I was carrying meat. To avoid further trouble, I dumped the buffalo meat into a creek along the way. When I reached my daughter’s home, I decided not to tell my children about the assault. They noticed my injuries and asked what had happened, but I told them I had simply fallen. Despite their insistence, I maintained that story. Eventually my children took me to the doctor. When asked about my injuries, I said I had tried to intervene in a fight between some young men and ended up getting punched in the eye. After returning home, I tried to rest, but by the morning, the video of my assault had gone viral on social media.”

Ashfaq said the family was shocked to see the video. “My father is an elderly man. He should have been treated with respect. The attack lasted about 25 minutes…he was so traumatised. He cried inconsolably and was deeply depressed.” 

“He was beaten so severely that he is now struggling with vision in his right eye, he is experiencing pain while urinating,” he claimed.

On the alleged delay in medical examination, Ashraf claimed, “Though an FIR was filed on August 31, the police did not conduct a proper medical check-up at that time because the eye doctor was unavailable. Initially, they took him to Thane Civil Hospital on August 31, but it wasn’t until September that a thorough examination was carried out.”

Maniar’s lawyer Saif Islam alleged, “His medical exam was conducted three days later and he had to change three hospitals to get proper checks. On August 31, he was taken for an MLC at the Thane New Civil Hospital but due to the unavailability of a bed he was asked to go to Shivaji hospital. At Shivaji hospital, an X-Ray and ophthalmic tests were conducted but other check-ups, including an MRI scan, couldn’t be done. The doctor asked him to shift to Sion hospital for the complete check-up. The doctor also asked to shift due to a shortage of surgeons as he had suffered grievous injuries. On Monday night, he was brought to Sion hospital so that his MLC could be completed.”

Newslaundry reached out to Archana Dusane, senior police inspector of Thane GRP, for comment. This report will be updated if a response is received.

Newslaundry could not reach the accused or their families for comment.

Social activist Azhar Tamboli said, “In recent years, Maharashtra has become a hotbed for hate speech from extremist elements, fostering division and hostility among the public. Journalists like Suresh Chavhanke and politicians like Nitesh Rane openly threaten the Muslim community and assert that the police cannot hold them accountable. This dangerous rhetoric emboldens those with hateful mindsets, leading to acts of violence and discrimination.”

Human rights lawyer Aseem Sarode, known for his work against hate politics, said the incident is a “stark reminder that politicians and extremist elements who profit from spreading religious hatred are increasingly successful”.