Hashimpura massacre the continuing injustice
Challenging Impunity: securing human rights and unmasking the truth through the Right to Information Act, 2005 on the 20th death anniversary of Hashimpura communal custodial killings by PAC
For 20 years the families of Hashimpura have been struggling to punish the guilty 19 Provincial Armed Constabulary (PAC) accused, which murdered over 40 Muslim men on May 22nd 1987. After repeated obstruction and manipulated delay the Supreme Court, in September 2002 transferred the case from the State of U.P. to Delhi. These PAC men are currently facing criminal prosecution for murder, attempt to murder, tampering with evidence and other criminal charges.
To mark the 20th year of their ongoing struggle for justice the families of the victims and survivors reached Lucknow in May 2007. Many individuals and groups, including Roop Rekha Verma, Madhavi Kuckreja, Sharib Rudaulvi, Salim Kidwai, Nasiruddin Haider Khan, Sandeep Pandey, activists of Vanagana, Aali, JOSH, DAG, Sahyog and IPTA, extended their support to the cause of the Hashimpura people. On 23rd May, at a public meeting hosted at the IPTA premises the survivors and the families of the victims narrated their long and arduous journey to get the guilty PAC men punished for the cold blooded massacre of their loved ones. The public meeting concluded with a commitment from the activists and groups of Lucknow that they would support this struggle for justice.
On 24th May 2007, for the first time since its adoption, the Right to Information (RTI) Act, 2005 was used, to challenge the impunity of the State and seek accountability from those who perpetrated communally motivated custodial killings of over 40 innocent Muslim citizens of Mohalla Hashimpura, Meerut on 22nd May, 1987.
The family members of Hashimpura victims; survivors Zulfikar Nasir, Mohd. Naem, Mohd. Yamin of the Legal Advisory Committee, Hashimpura Meerut and the victim’s lawyer Vrinda Grover, filed 615 RTI applications, in Lucknow. They were accompanied in solidarity by a delegation of citizens of Lucknow.
613 RTI applications have been filed at the office of the D.G.P. at 1 Tilak Marg, Lucknow. Shri D.C.Pandey, DIG, who is the Public Information Officer (PIO), received these applications. The survivors and families of the victims are asking the State why the accused PAC men charged by Court for the murder of 42 Muslim men, continue to be in active service of the PAC? Why have the 19 accused PAC men not been suspended from service? Was any departmental inquiry initiated against them? Was any disciplinary action taken against them? Or were they rewarded with promotions in rank and emoluments? They have asked for copies of the Annual Confidential Report of each of the accused persons.
RTI has also been deployed to expose the complicity of the State and unmask the truth. The counsel for the victim families, Advocate Vrinda Grover, has filed 2 RTI applications with Mr. Madan Kishore Srivastava, Home Department. These RTI applications have asked for a copy of the Inquiry Report submitted by the CBCID into the Hashimpura killings of Muslims by the PAC, to be made available. The State has been asked how many persons were indicted by the CBCID Report as complicit in the PAC killings? Why did the State sanction criminal prosecution only against 19 PAC men and not all the others indicted in the CB CID Report? The application seeks a complete list of the names and ranks all PAC persons and any others indicted in the CB CID report. When was the inquiry into the Hashimpura killings by the PAC handed over to the CB CID? Why did it take the CB CID 6-7 years to complete the inquiry? What were the reasons for the delay? Since the Report was submitted by the CB CID to the U.P. State Government in February1994, why was the charge sheet filed only in May 1996? What were the reasons for the delay of over two years? Who was responsible for this delay?
The applicants of Hashimpura were assured by the DIG, D.C. Pandey that before the expiry of the stipulated time of 30 days answers will be given to their RTI applications.
Two of the survivors, Zulfikar Nasir and Mohd. Naeem as well as family members of the victims including, Zaibunissa, Shakeel and Naseem Bano addressed a crowded press conference in Lucknow. They narrated the pain and anguish of their personal loss. They expressed outrage at the indifference and hostility of the State symbolized by the tardy progress of the legal prosecution of the PAC accused. Their firm resolve to continue their quest for justice was reflected in the words of the banner, “ Intezaar Hai, Himmat Chahiye, Himmat hai, Insaaf Chahiye.” The presence of young Uzma, who was born on the very day that her father was picked up and murdered by the PAC, was a poignant reminder of the reign of impunity over the rule of law in India. In solidarity with them Roop Rekha Verma (former Vice Chancellor, Lucknow University), Mohd. Yamin (Convener Hashimpura legal Advisory Committee), Vrinda Grover (Lawyer), Sharib Rudalvi (Urdu scholar) and Sandeep Pandey (RTI activist) also addressed the Press Conference. The speakers reiterated that unless the legal system efficaciously punished those in power and authority and made them accountable, constitutional democracy and secularism were in grave danger.
For 20 years the State has concealed the truth from the people. The families of Hashimpura have now used the RTI Act to challenge State impunity and seek answers in the face of gross and continuing injustice.
Case update:
In the meanwhile, the criminal case against the Hashimpura PAC massacre case has been transferred to the Court of Shri Rakesh Kumar ASJ, Delhi. On. 19th May 2007 the Court adjourned the case for 31st July 2007. The Court rejected the request of the counsel for the victims for a short date.
On 31st July the case had once again been transferred to the Court of Shri H.S. Sharma, ASJ, Delhi. On behalf of the victims an application was moved requesting for day-to-day trial in view of the 20-year delay in this matter. The Court however expressed its inability and the case is now fixed for examination of prosecution witnesses from 13th – 16th November 2007. The Court is presently examining the fourth eye witness, the Prosecution has cited 164 witnesses in this case.
Two decades have passed, the endless wait for justice continues.
In Solidarity
Mohd. Yamin
Convener
Legal Advisory Committee, Hashimpura, Meerut
Dr. Harpal Singh
Member
Legal Advisory Committee, Hashimpura, Meerut.
