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Showing posts with label Hashimpura. Show all posts
Showing posts with label Hashimpura. Show all posts

June 20, 2021

India: Re-visiting Maliana - Hashimpura Massacre - An online public discussion - June 20, 2021

 Society for Communal Harmony cordially invites you to join a
      SPECIAL DISCUSSION
                   on
WHO WILL ENSURE JUSTICE AND PUNISH THE GUILTY?: Re- visiting MALIANA  - HASHIMPURA MASSACRE

         Chair 

Shri Subbrao  'Bhai Ji'          (Senior Gandhian)

          Speakers     
 
     Shri Qurban Ali
(Senior Journalist)
 Shri Vibhuti Narain Rai  (Retd D. G. P.)  
                          Discussants   
 Shri Akhilendra Pratap
         (Swaraj India)

  Shri Ambrish Kumar
(Editor, 'JANADESH)

   Shri Sanjay Rai (National Youth Project)
                                   Moderator
      Anand Kumar    (President, S. C. H.)

Please use the following link to join

Meet.google.com/eez-sbqg-wgc


Date June 20, Sunday   Time- 6.30 PM - 8 PM
              
RSVP: 9650944604

November 06, 2018

India: Hashimpura custodial killings - Delhi High Court ruling of 31 oct 2018 - multiple commentaries

Hashimpura verdict exposes India’s criminal justice system
Madhav Khosla 5 November, 2018

Lapses and gaps in the investigation process covered all aspects of the Hashimpura case.

The Delhi High Court’s verdict in the case involving custodial killings in Hashimpura over three decades ago is an important moment for the rule of law in India. It reminds us of where things stand.

India’s criminal justice system is notoriously broken, and no systemic reform is in sight. Countless reports of police reform lie untouched, the capacity and functioning of trial courts is a matter with no short-term political rewards, and most elite actors who have the power to initiate change in the system – across the legal and political domains – have little interest in initiating such change. The age-old secret of Indian legal reform has been that no actor capable of enabling reform has a stake in doing so, and the criminal justice system exemplifies that tragedy.

The facts of the Hashimpura case are familiar, perhaps even all too familiar. The month during which the event occurred – May 1987 – had witnessed communal riots, the posting of security forces, and the arrests of hundreds. The Provincial Armed Constabulary (PAC) rounded up 42-45 Muslim men and shot them at sight. Only five survived. FIRs were filed, the case was transferred to Delhi, a trial took place where all the accused were acquitted. When the acquittal judgment was delivered by the lower court, it had been 28 years since the event.
[ . . .]
https://theprint.in/opinion/hashimpura-verdict-exposes-indias-criminal-justice-system/145304/

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Hashimpura: 31 years after custodial massacre of Muslims by men in uniform, justice is incomplete - By Harsh Mander (Nov 2, 2018, Scroll.in)

[ . . .] On October 31, a bench of the Delhi High Court comprising Justices S Murlidhar and Vinod Goel set aside the trial court judgment of 2015 that had acquitted 16 soldiers of the Uttar Pradesh’s Provincial Armed Constabulary for their role in the murder of the men. The court instead sentenced them to imprisonment for the rest of their lives. “We hold that this was targeted killing by armed forces of the unarmed, innocent and defenceless members of a particular community,” the judges said.

October 31 will therefore go down as a day of great significance, a moment of redemption, not just in India’s judicial history but also in the country’s rocky moral journey as a secular and just land. The story of what is probably independent India’s biggest case of custodial killing has been a blisteringly shameful one, of murderous hatred and religious prejudice by men in uniform, of disgraceful cover-ups by the executive at the highest levels in the central and state governments, of the deliberate destruction of evidence, of media apathy, and of communal bias, prevarication and unconscionable delays in the judiciary.[ . . . ]

…even today, 31 years after the custodial massacre by men in uniform, justice is still only partial. The foot soldiers will perhaps spend their remaining lives in jail. The 64 officers found guilty by the Crime Branch-Central Investigation Department of ordering or enabling the killing, those who destroyed the evidence, those senior political and police leaders who protected the killers, all have escaped punishment.…

https://scroll.in/article/900594/hashimpura-31-years-after-custodial-massacre-of-muslims-by-men-in-uniform-justice-is-incomplete

SEE ALSO:

Hashimpura Massacre in India: is justice delayed, justice denied? - By Manira Chaudhary (Nov 2, 2018, TRT World)
https://www.trtworld.com/magazine/hashimpura-massacre-in-india-is-justice-delayed-justice-denied-21300
Justice After 31 Years in Hashimpura, But Endless Wait For Families of 72 Muslims Killed in Maliyana - By Abdul Alim Jafri (Oct 31, 2018, Times of India)
https://www.newsclick.in/articles/Hashimpura%20Massacre

Ending impunity: on Hashimpura massacre - Editorial (Nov 1, 2018, The Hindu)
https://www.thehindu.com/opinion/editorial/ending-impunity/article25383440.ece
Hashimpura's scars - Editorial (Nov 2, 2018, Indian Express)
https://indianexpress.com/article/opinion/editorials/hashimpura-massacre-1987-killings-5430148/

India: Hashimpura verdict highlights the bias within police against religious minorities | Vrinda Grover

Where prejudice is crime
Hashimpura verdict highlights the bias within police against religious minorities.

Written by Vrinda Grover | November 6, 2018

https://indianexpress.com/article/opinion/columns/hashimpura-massacre-case-verdict-anti-sink-riots-5435387/

November 03, 2018

India: Editorial, The Hindu - Ending impunity: on Hashimpura massacre (November 01, 2018)

The Hindu

Editorial

Ending impunity: on Hashimpura massacre

Delhi HC retrieves a lost cause and convicts those behind the Hashimpura massacre

The conviction of 16 personnel of the Provincial Armed Constabulary (PAC) for the massacre of Muslims committed 31 years ago is a rare instance of the justice system responding to the cry for accountability and justice. By sentencing the 16 men to imprisonment for the remainder of their life, the Delhi High Court has signalled an end to the impunity they had seemingly enjoyed all along due to systemic delays and perfunctory investigation. An hour after sunset on May 22, 1987, about 45 men from Hashimpura village near Meerut in Uttar Pradesh were abducted in a PAC truck, most of them shot and their bodies thrown into two canals. They were among more than 600 people rounded up by the security forces after the brother of an Army officer was killed in communal violence and two rifles were stolen by rioters from the PAC. The police later established 38 deaths, but could not find the bodies of 22 of them. The U.P. Crime Branch-CID filed a charge sheet in 1996 against 19 PAC personnel, including Surender Pal Singh, commander of the ‘C-Company’ of the 41st Battalion. The prosecution case was backed by the testimony of five men who survived being shot and thrown into waterbodies. In 2015, the trial court acquitted all the 16 available accused (three, including the commander, had died by then), as it did not have evidence on the identity of the truck or the PAC men travelling on it.
The en masse acquittal was a travesty of justice. There was great concern that documents that could have helped nail the accused had been weeded out. It is to the credit of the Delhi High Court that it was not content with merely examining the evidence produced before the trial court. Accepting a plea by the National Human Rights Commission, it allowed additional evidence to be recorded by the trial court even as the appeal was pending. The C-Company’s registers, with records of the movement of PAC vehicles and the deployment of personnel, provided the evidence to pinpoint both the truck that had left the Police Lines, Meerut, and its occupants. These records were not available to the trial court. Apart from bringing home the culpability of the accused, the High Court concluded that these were custodial deaths as well as targeted killings of people from a particular community. The Hashimpura massacre case will be long remembered both for the unconscionable delay the judicial system has become habituated to and for the manner in which a case almost lost has been retrieved by the higher judiciary. It is also a reminder that there is a constant need for reassurance that policing and the criminal justice process in the country will remain fair, and free from all manner of prejudice.

June 05, 2015

India: Keeping Alive the Battle for Justice in Hashimpura Case (Gaurav Vivek Bhatnagar - The Wire)

Keeping Alive the Battle for Justice in Hashimpura Case
By Gaurav Vivek Bhatnagar

New Delhi: “Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organised conspiracy to oppress, rob and degrade them, neither persons nor property will be safe.” These words by the African-American social reformer Frederick Douglass, quoted by Fateh Nadvi of the Khudai Khidmatgar at a meeting on the Hashimpura trial court verdict, probably best describe the sense of injustice the verdict has created among many people. A Delhi court acquitted all 16 accused in the 1987 massacre in which 42 Muslims were shot dead near Meerut, Uttar Pradesh by personnel of the Provincial Armed Constabulary of the state police. The meeting was jointly organised by the Khudai Khidmatgar and the Socialist Yuvjan Sabha.
[. . .]

http://thewire.in/2015/06/05/keeping-alive-the-battle-for-justice-in-hashimpura-case/

April 11, 2015

India: A festering sore on Indian democracy (Cover story Tehelka, 2015-04-11 , Issue 15 )

http://www.tehelka.com/a-festering-sore-on-indian-democracy/
Tehelka Magazine, Volume 12 Issue 15, Dated 11 April 2015

A festering sore on Indian democracy
A multitude of massacres in the name of religion has put India’s secular polity to test. A flashback on the travesty of justice. By Pradyot Lal, NK Bhoopesh & Anurag Tripathi

MORADABAD

MORBIDITY AT LARGE

13 August 1980

• Official toll: 450; independent probes reckon that to be one-third of the likely number of casualties

• In the aftermath of the riots, Allahabad High Court judge Justice MP Saxena was asked to inquire

• Three-and-a-half decades later, his findings remain virtually consigned to a waste paper basket, with even avowedly secular parties not having the courage to pick up the gauntlet

If ever a comprehensive study is undertaken to determine the role of law-enforcing agencies in ‘helping’ spread communal riots in free India, what happened in somnolent Moradabad where all that glitters is brass is instructive. Around 3,000 namazis had turned up at the idgah to render Friday prayers when some pigs mysteriously found their way there causing instant commotion. What followed was even more macabre, as the Provincial Armed Constabulary (PAC) personnel on duty failed to chase away the offending animals in time. Instead, as brickbatting of the police and PAC personnel ensued, they indiscriminately opened fire causing several in the congregation to die instantly. There was already enough tension between the factory owners and the artisans who were usually drawn from different communities. The demographic structure of the city, however, was not reflected in its political representation.

Two generations after the riot, the scars are yet to heal. As sociologist Satish Sabherwal and historian Mushirul Hasan averred a couple of months after the riots, neither the then UP chief minister Vishwanath Pratap Singh nor the leaders at the Centre went beyond offering palliatives to the victims. This was ‘democratic’ India’s second tryst with the PAC after the revolt in its ranks in the mid-1970s had threatened to upstage the Congress in Uttar Pradesh.
Shame! Bodies of infants killed during the 1983 massacre in Nellie, Nagaon district, Assam, await burial

Shame! Bodies of infants killed during the 1983 massacre in Nellie, Nagaon district, Assam, await burial, Photo: Courtesy The Milli Gazette

NELLIE MASSACRE

SIX HOURS OF MAYHEM

18 February 1983

• Official toll: 2,191; unofficial and independent agencies reckon twice that number was approximate to the truth

• Affected area: Central Assam, especially Nellie in Nagaon district

• The SK Tiwari Commission ostensibly conducted an inquiry, but it was caught up in a political and social maelstrom. Only three copies of its report exist and no political party has thought it worthwhile to do anything concrete

THE immediate cause is difficult to decipher. One was the anti-foreigner issue that the then ascendant All Asom Students Union (AASU) raised to a feverish pitch, leading to deportation of alleged aliens and mass murder. The terms of the movement were hazy since many of the so-called refugees had either come before Partition or during the turmoil in Bangladesh during its liberation struggle. The death of Lok Sabha MP Hiralal Patwari made fresh polls necessary in one of the constituencies but the Congress government thought it prudent to order fresh Assembly polls in 1983. AASU opposed the decision and boycotted the polls. As the then Assam DGP KPS Gill recalls, there were at least 23 highly sensitive constituencies where elections should not have been held, and Nellie was one of them. Whether there had indeed been a sudden infiltration of illegal immigrants could not be verified. AASU thought that to be the case and stirred an agitation that the state administration failed to control. Two years later, the then prime minister Rajiv Gandhi signed a peace accord with AASU and the Nellie massacre was sought to be erased from public memory.
Wounded An injured Sikh man being carried away on a cart in Delhi during the 1984 riots, Photo: Courtesy Vijay Saluja

Wounded An injured Sikh man being carried
away on a cart in Delhi during the 1984 riots, Photo: Courtesy Vijay Saluja

ANTI-SIKH RIOTS

72 HOURS OF SHAME

Delhi and other parts of India

31 October – 4 November 1984

• Total casualties in Delhi alone: 2,733 Sikhs; some human rights bodies say it was much higher

• Worst-affected areas included Trilokpuri, which epitomised the grisly and planned nature of the massacre

• Eight different commissions, convictions extremely few

Thirty-one years ago in New Delhi, Kanpur and Bokaro, murderous attacks were launched against Sikhs by mobs organised and instigated by mainly Congress politicians bent upon using the tragic assassination of Indira Gandhi as an occasion for political manipulation and gain. In the capital, the police stood mute witness to the killing of 2,733 Sikhs. That inaction and the failure to register cases or properly investigate those that were eventually filed are testimony to the official patronage the killings enjoyed. Rajiv Gandhi, who had just been sworn in as the prime minister, made light of the pogrom, describing it as a reaction to the killing of his mother. He infamously said, “When a big tree falls the earth shakes.” Senior Congress leaders such as HKL Bhagat, Jagdish Tytler and Kamal Nath, who were identified by the survivors and eyewitnesses as instigators of the violence, were rewarded with ministerial berths. A Commission of Inquiry headed by Justice Ranganath Mishra concluded, astonishingly, that the organised massacre was a spontaneous and “involuntary reaction” by ordinary citizens stricken by grief at Indira Gandhi’s assassination. Subsequent commissions indicted the police for acts of commission and omission but the bitter reality is that the victims of the massacre are no closer to justice today than they were in 1984.

The fact that the politicians and police officers responsible for the violence not only escaped indictment but also prospered had grave implications for minorities elsewhere in India. The riot system perfected by the Congress on the streets of Delhi was unveiled again in Bombay in 1993 and, finally, by the BJP government of Gujarat in 2002. There have been demands to construct at least a memorial for the victims, but they have fallen on deaf ears. Non-Congress governments have been equally lackadaisical and cavalier in their attitude. Some ultra-Hindutva organisations and individuals, unhinged formally from the saffron brigade, also joined the unprecedented, brutal pogrom that damaged India’s secular image irrevocably and gave rise to secessionist tendencies.
Easy targets Armed personnel round up Muslim men in Hashimpura during the 1987 riots

Easy targets Armed personnel round up Muslim men in Hashimpura on 22 May 1987, Photos: Praveen Jain

HASHIMPURA MASSACRE

SELECTIVE WARFARE

22 May 1987

• Death toll: 42 Muslim men

• In 2015, a Delhi court acquitted all the PAC men accused of killing 42 Muslims

Vibhuti Narain Rai, the then SSP, Ghaziabad (UP), found that more than 150 Muslim men had been taken away by the PAC in a truck at gunpoint towards a canal that flows parallel to the Meerut-Ghaziabad Road and that the sound of gunshots had been heard from that direction. It was late in the night but he got a team of 20 police personnel ready and rushed to the spot. Dead bodies were scattered along the canal bank. In that ghostly silence, he began to examine the bodies to see if anyone was alive in the heap of corpses. At last he found a man who was still not dead, brought him to Ghaziabad, got him admitted to a hospital and proceeded to file an FIR against the PAC personnel for their heinous crime.

Babuddin Ansari is one of the survivors of the massacre. He is a native of Muzaffarpur, Bihar, but fate had trapped him in Hashimpura in May 1987 as he was visiting some relatives with his father. 
According to his account, he took a bullet on his shoulder when the PAC men had first opened fire on the people held captive in a police truck near the Gang canal in Muradnagar. By the time they moved the truck away from the canal, 25 of the men had been killed. The truck was driven a little further and then stopped near the Hindon river bridge where the rest of the captives — 16 of them — were killed. In this group, Babuddin was the only one who survived. He was the sixth person to be thrown into the river, but before that, he was shot again — this time in his leg.

Luckily for him, he fell near the embankment and held onto a rock. 
He recalls seeing bodies being thrown from the Hindon bridge one by one. Meanwhile, some policemen came flashing their torches at the river. Babuddin thought they were sent by the PAC men, so every time they threw the light upon the river, he would duck into the water. Finally, a policeman touched his head with a rifle and asked his name. From there, he was taken to the superintendent of police, who assured him of help. The Ghaziabad police then picked up his belongings from Hashimpura. Next day, he was escorted back to his home state.

Some of the survivors and relatives of the victims are still hopeful of getting justice even after a Delhi court acquitted the accused PAC jawans on 24 March 2015 citing the prosecution’s inability to establish that they were the same jawans who had fired those fatal shots.
Close shave Security personnel look on as a Muslim woman is rescued from rioters in Bhagalpur

Close shave Security personnel look on as a
Muslim woman is rescued from rioters in
Bhagalpur 1989

BHAGALPUR MASSACRE

TWO MONTHS OF MADNESS

24 October – 23 December 1989

• Official toll: 1,070

• Started as a police-people clash and degenerated into communal violence

• Justice elusive 25 years later, with Nitish Kumar periodically assuring action against the culprits, many of whom are already dead

Hindu-Muslims tensions had escalated during the Muharram and Bisheri Puja festivities in August 1989. As part of the Ayodhya campaign, the Vishwa Hindu Parishad (VHP) had organised a ‘Ramshila’ procession in Bhagalpur. The procession aimed to collect bricks for the proposed Ram temple at Ayodhya. One such procession passing through Fatehpur village provoked brickbatting and arson on 22 October.

Prior to the outbreak of the riots, two rumours about the killing of Hindu students started doing the rounds: one was that Muslims had killed nearly 200 Hindu students of the university; the other that 31 Hindu boys had been murdered and their bodies dumped in a well at the Sanskrit College. Moreover, the political and criminal rivalries in the area also played a role in inciting the riots.

On 24 October, the Ramshila processions from various parts of the district were to proceed to the Gaushala area, from where they would move on to Ayodhya. The procession coming from Parbatti area passed peacefully through Tatarpur, a Muslim-dominated area, after its leader Mahadev Prasad Singh told the Hindus not to raise any provocative slogans. Sometime later, another massive procession from Nathnagar arrived at Tatarpur, escorted by the police. Some members of the procession shouted slogans such as ‘Hindi, Hindu, Hindustan‘. Bombs hurled indiscriminately at this stage are considered to have triggered these riots.

The mobs attacked shops owned by the Muslims on the Nathnagar road (later renamed as Lord Mahavir Path). The rioters also attempted to storm the Muslim-dominated locality of Assanandpur, but the locals fired at them from the rooftops. The mob then turned to the Hindu-dominated locality, Parbatti, where it massacred at least 40 Muslims. As the news of the violence reached the other Ramshila processions at Gaushala, the Hindus went on a rampage, killing Muslims, looting their shops and destroying their property.

On 25 October, an 8,000-strong mob looted and destroyed Madaninagar, a Muslim settlement, turning it into a ghost town. They also attacked Kanjhiagram, a nearby locality. Bhatoria, a Muslim-dominated village, was attacked twice — on October 25, and again on October 27. Many Muslims were killed. Alleged police atrocities further fuelled the violence.

According to contemporary accounts, on 26 October, at least 11 Muslims were killed in the Brahmin-dominated Parandarpur village. The same day, 18 Muslims, including 11 children, were killed in public view, in the Nayabazar area of Bhagalpur. Around 44 Muslims, including 19 children, were provided refuge by some local Hindus in the Jamuna Kothi building. At 11.30 am, a 70-strong mob entered the Jamuna Kothi with swords, axes, hammers and lathis. Within 10 minutes, 18 Muslims were killed. Some of the children were beheaded, some had their limbs cut off while the others were thrown off the third floor. A woman called Bunni Begum had her breasts chopped off. Some other Muslims, who had been provided refuge by the Hindus in the nearby buildings, managed to survive. In Assanandpur, the Muslims also escorted several Hindu students residing in a hostel to safety.
Lynch mob Sword-wielding rioters took over the streets of Mumbai for several days in December 1992

Lynch mob Sword-wielding rioters took over the streets of Mumbai for several days in December 1992

MUMBAI RIOTS

MEGAPOLIS GONE BERSERK

December 1992 – January 1993

• Official death toll: 267; the unofficial figure, as deposed before the Justice Srikrishna Commission, was twice that number

• Cause: The Babri Masjid demolition had serious repercussions across the country and the city that suffered the most was Mumbai

• Status: The revelations made by Justice Srikrishna failed to enlighten the political masters

A cosmopolitan city by nature, which hitherto had other priorities, was submerged in a communal deluge from December 1992 to January 1993. The city witnessed one of the worst riots during this period, which left deep scars on the city’s soul. The December 1992 events constituted the first phase of a communal riot that was to be repeated on a larger scale in January 1993.

The Justice BN Srikrishna Commission of Inquiry stated that there had been a build-up of communal fervour among the Hindus and Muslims in the weeks preceding the demolition of the Babri Masjid. As news of the demolition spread across the city on 6 December, Muslim gathered on the streets even as the Hindutva outfits took out victory processions.

The Shiv Sena led by its acerbic leader Balasaheb Thackeray celebrated the demolition by conducting a rally in the Dharavi slum. The situation deteriorated further on 7 and 8 December.

At many places, the violence took the form of a police-versus-Muslims confrontation. As per media reports, more than 210 people died in Mumbai and 57 in the areas adjoining the metropolis. Out of them, 137 (more than half the total casualties) fell to police bullets.

Unofficial records claim that the actual toll was more than 400. The situation was said to have been brought under control by 12 December, but according to the Justice Srikrishna Commission, stray incidents of violence continued to occur until 5 January when the second, deadlier phase of the riot started.

HYDERABAD RIOTS

A CITY PROVOKED

October-December 1990

• Cause: Local trouble exacerbated by LK Advani’s Rath Yatra and his subsequent arrest

• Consequence: The Congress party’s secular image was irrevocably dented

Walled city Hyderabad witnessed one of the worst communal riots in 1990. The city’s proud record was besmirched beyond recognition. On 9 October 1990, the city police gunned down a notorious criminal and some politicians gave this a communal angle. As per the Justice Heeraman Singh Commission of Inquiry, this eventually resulted in communal clashes. The second trigger for the clashes was the arrest of LK Advani in Bihar on 23 October. After Advani’s arrest, the BJP and some Muslim organisations distributed provocative pamphlets in Hyderabad. More than 11 people were killed in the communal clashes that followed between 29 October and 1 November in Hyderabad and its neighbouring Ranga Reddy district. Communal tension between the two communities was at its peak and to worsen the situation, two rumours started doing the rounds in the city. One was of the stabbing of a poor Hindu hawker in Karwar area on 7 December and the second was about the discovery of the bodies of a woman and her child in the Sabzimandi area. As per official records, the massacre that followed resulted in the killing of 134 people and 300 getting severely injured. The unofficial count of the dead was between 200 and 300. There was a clear pattern to the killings, with women and children being particularly targeted. Many were burned alive or stoned to death.

Various reports indicated that the violence was encouraged by some Congress dissidents in order to precipitate the overthrowing of the then chief minister Chenna Reddy, who, indeed, was forced to step down after the riots.

COIMBATORE

COMBUSTION AT LARGE

December 1997 – February 1998

• Death toll: At least 70, in two phases

• Cause: From business rivalry to divisive strains, the combustion in the city was expertly manufactured

That business is thicker than blood was proved during the Coimbatore riots. The riots that took place in 1997-98 were, perhaps, unique in nature as they were triggered by mounting tension between the Hindu and Muslim communities over the rising graph of Muslim businesses in the city.

The extremist Hindutva outfit Hindu Munnani’s leader Rama Gopalan had come to Coimbatore several times, asking Hindus to purchase only from Hindu shops. Moreover, relations between the police and the Muslims were at an all-time low after the bombing of the RSS office in Madras in 1993. The police were constantly on the lookout for members of Al-Ummah, an organisation led by SA Basha, one of the prime suspects behind the blast. The trust deficit between the police and the Muslims came to a boiling point when three young Al-Ummah members murdered a police constable. A section of the police, in connivance with the Hindu Munnani, targetted Muslim establishments. The violence the ensued lead to the death of 20 people.

While the situation was returning to normal, on 14 February 1998, a series of bomb blasts occurred in Coimbatore in which around 50 persons were killed and 200 injured. The bombings were carried out by Al-Ummah members in retaliation for the killing of Muslims by the police in November-December 1997. In the hours following the explosions, Hindu mobs attacked Muslim shops and properties. The government had to send in the army.

A judicial committee formed on 7 April 2000 under Justice PR Gokulakrishnan to probe the serial bombings confirmed that Al-Ummah was responsible for the blasts. The committee tabled its final report in the Tamil Nadu Assembly on 18 May 2000 and its recommendations were accepted in principle by the state government. The trial began on 7 March 2002 and as many as 1,300 witnesses were examined. Basha was found guilty of hatching a criminal conspiracy to trigger a series of explosions and was sentenced to life along with 12 others.

SOPORE MASSACRE

VALLEY OF TEARS

6 January 1993

• Official toll: 55 killed in firing by the BSF

• Follow-up: Several BSF personnel were suspended and a CBI inquiry ordered; in 2013, the CBI filed a closure report saying the witnesses failed to identify the lawbreakers

• Status: A judicial commission headed by Justice Amarjeet Choudhary was constituted but its term expired before it could submit its report

Many human rights activists consider Sopore, a town in Baramulla district of Jammu and Kashmir, to be synonymous with State repression in the sensitive border state. It all started after militants attacked BSF personnel at Baba Yousuf Lane near Sopore on 6 January 1993, killing one of them. But what happened after that in the town was unheard of in Kashmir’s recent history. In retaliation to the attack by the militants, the BSF men went berserk killing 55 civilians. Some eyewitness accounts claimed that the troopers also set many houses on fire. The BSF men also attacked a bus, killing the driver and 15 passengers on the spot. The Indian government’s estimate was that 50 homes and 250 shops were burnt down, though human rights activists claim that more than 450 shops were destroyed.

Even as the massacre evoked sharp responses from human rights organisations across the world, the Indian government initially defended the security forces saying that the civilian casualties were the result of a gun battle with the militants. But there were hardly any takers for the government’s version in Kashmir. Despite a curfew being imposed, thousands of people thronged the streets to protest against the killings, forcing the government to constitute a one-member judicial commission under Justice Amarjeet Choudhary.

The commission’s term expired in 1994 before it could come out with a report and the government did not grant it an extension. Some BSF personnel were suspended to pacify the people of Kashmir and a CBI inquiry was also ordered. The CBI filed a closure report in the court in 2013 saying that the witnesses could not identify the culprits. The investigating agency’s submission in the court that the victims’ kin should not get access to the documents related to the case also drew flak from many quarters. The unending wait of the victims in Sopore bears testimony to how the judiciary often fails to deliver justice in cases of atrocities by agencies of the State.
War cry A Bajrang Dal activist with an iron rod shouts slogans during the mayhem in Gujarat 2002, Photo: AFP

War cry A Bajrang Dal activist with an iron rod shouts slogans during the mayhem in Gujarat 2002, Photo: AFP

GUJARAT RIOTS

THE UNENDING TRAGEDY

February-March 2002

• Death toll: At least 2,000

• Status: The wounds of Gujarat are yet to be healed and the changed complexion of the Centre has not helped; the apex court, however, seems keen to strike out for justice

The parallels between 1984 and 2002 are uncanny. Like Rajiv Gandhi’s ‘Newtonian’ logic, Narendra Modi, anointed in 2001 as the chief minister of Gujarat, described the killing of innocent Muslims in his state as a spontaneous reaction to the burning of Hindu train passengers at Godhra. Activists of the BJP and other Sangh Parivar outfits led the mobs at various places and some, such as Maya Kodnani, were rewarded with plum ministerial posts. The Gujarat Police used the same tactics as their Delhi counterparts to ensure that investigations in the major riot cases went nowhere. The big difference between the aftermaths of the two riots, of course, is the greater degree of intervention by the Supreme Court in the case of Gujarat. The court intervened proactively when it became apparent that Modi’s government was not going to provide justice.

The Gujarat riots have been interpreted subjectively rather than objectively, depending upon where you stand. Some analysts call it a genocide or pogrom, whereas others describe it as a carnage or riot. Whichever way one looks at it, what happened in Gujarat in 2002 left an indelible mark on the secular fabric of the country. Some people even accused Modi of directing the police to allow the mob frenzy to go unchecked.

It all started with the burning of Coach S6 of the Sabarmati Express at the Godhra railway station on the morning of 27 February 2002. Fifty-seven people, including 25 women and 15 children, returning from a kar seva ceremony at the Babri Masjid site in Ayodhya were charred to death. The Gujarat government claimed that a mob of local Muslims had carried out the heinous crime. It constituted a judicial commission under Justice GT Nanavati to look into the reasons and conspiracy, if any, behind the carnage. Six years later, the commission submitted its report, largely upholding the government’s version of the incident.

When the UPA government came to power in 2004, Lalu Prasad Yadav, the then railway minister, constituted a committee to investigate the incident. This committee rejected the conspiracy theory and concluded that it was a case of accidental fire. It cited forensic reports to claim that the fire had started inside the train compartment. The Gujarat High Court, however, quashed the findings and concluded that the committee was constituted with mala fide intentions.

In February 2011, a court convicted 31 Muslims for the Godhra carnage, which is widely believed to be the trigger for the state-wide violence that followed in its wake.

The worst incident happened at Naroda Patiya in Ahmedabad. On 28 February, a mob of more than 1,000 activists of the Bajrang Dal and other Sangh Parivar outfits attacked the Muslim-dominated locality and killed 97 people. They looted and torched Muslim homes and gangraped women. The allegation that the Gujarat Police had connived with the mob was upheld by the court when it convicted Kodnani, who was the BJP MLA from Naroda constituency at the time of the incident and went on to become a minister in the Modi government from 2007 to 2009. A total of 32 people were convicted in the Naroda Patiya case.

The Gulbarg Society massacre also took place on 28 February. VHP and Bajrang Dal activists attacked the housing society where former Lok Sabha MP Ehsan Jafri lived. The 72-year-old Congress leader was killed along with 34 others. Many people went missing. It was later concluded that altogether about 70 people had been killed in the attack.

In 2007, TEHELKA did a sting operation (GUJARAT 2002: The Truth in the words of the men who did it) in which 14 VHP or Bajrang Dal activists — including Madan Chawal and Haresh Bhatt, who was the national coordinator of the Bajrang Dal in 2002 and went on to become the BJP MLA from Godhra — were caught on camera admitting their role in the riots. The Supreme Court appointed a Special Investigation Team (SIT) headed by former CBI director RK Raghavan after serious allegations were raised against the then Modi government. But in its final report, the SIT found nothing to suggest Modi’s involvement in abetting the violence. Human rights organisations, however, continue to cry foul about this report.
Remains of the day A Bodo man sits in a burnt down room at his home in Kokrajhar, Assam

Remains of the day A Bodo man sits in a burnt down room at his home in Kokrajhar, Assam

KOKRAJHAR RIOTS

ETHNIC CAULDRON

July 2012

• Cause: Tension between locals and perceived “illegal migrants” from Bangladesh, which has been a perennial problem in the state since the 1950s

• Status: Political pussyfooting and periodic flare-ups are endemic

What happened in July 2012 in Assam left the nation in a state of shock. It put the spotlight back on ethnic violence in Assam, which has so far claimed the lives of a huge number of people and displaced many more. The ethnic Bodo tribe has clashed with migrants, mainly Bangla-speaking Muslims, several times since the 1950s.

The violence in Kokrajhar, a district in lower Assam bordering West Bengal, Bangladesh and Bhutan, could easily find a place among the 10 biggest communal clashes in Independent India. On 20 July 2012, four Bodo youngsters were lynched in Kokrajhar, allegedly by Muslim migrants, and then the native Bodos encircled villages dominated by Bangla-speaking Muslims and torched Muslim houses. These incidents had a domino effect across the state. The riots went on unabated for several days and eventually left more than 80 people dead and more than 50,000 displaced.

Even as the violence spread across more than 400 villages, a blame game ensued with the state government holding the Centre responsible for the failure to halt the violence and vice-versa. On 27 July, Assam Chief Minister Tarun Gogoi accused the then UPA government of delaying the deployment of the army in the riot-hit areas. The then prime minister Manmohan Singh visited riot-affected Kokrajhar the very next day and called the violence “a blot on the face of India”.

An indefinite curfew and shoot-at-sight orders had been enforced in Kokrajhar district since 26 July, along with a night curfew in Chirang and Dhubri districts. The prime minister ordered an inquiry committee to be set up to look into the violence and directed the state government to provide security so that the affected people could return home.

According to media reports, the army was initially reluctant to deploy its troops and sought a clarification from the defence ministry as the situation “seemed to have communal overtones”. When the situation deteriorated rapidly and another request was made, the ministry authorised army deployment on 25 July.

On 7 August, the Centre ordered a CBI probe into the ethnic clashes in the state and on 19 September, the investigation agency made the first arrests — that of five young men who were accused of involvement in the alleged lynching of the Bodo youths on 20 July. However, nothing substantial came out of the CBI enquiry and the state continues to witness ethnic clashes from time to time.

MUZAFFARNAGAR VIOLENCE

MANUFACTURED MAYHEM

August – September 2013

• Cause: A seemingly minor incident flared up into a massive denouement

• Status: The saffron brigade used the riots to manipulate and polarise even as the Samajwadi Party government hemmed and hawed

The Muzaffarnagar riots can easily qualify as the worst phase of violence in Uttar Pradesh in recent history. This was the first time in the past two decades that the army had to be brought in to restore law and order. The last time the army had been deployed was to contain the riots that erupted in the aftermath of the Babri Masjid demolition.

The 2013 riots in Muzaffarnagar and neighbouring districts in western UP were the outcome of political one-upmanship between the BJP and the Samajwadi Party. Both the parties brazenly manipulated the people with an eye on the impending Assembly bypolls in the state.

The situation in the district started deteriorating since 27 August, when two young Jat men were beaten to death in Kawal village, following the killing of a Muslim youth. The clashes occurred over an alleged incident of eve-teasing.

The Jats organised a ‘panchayat’ in Jaansat town on 31 August and demanded action against those who killed the two young men from the community. They also asked for the removal of the superintendent of police of Shamli district for his allegedly partisan conduct and declared that a ‘mahapanchayat’ would be organised on 7 September in Nagla Mandaur if the demands were not met.

On 5 September, the BJP gave a call for ‘Muzaffarnagar bandh’. To pre-empt the ‘mahapanchayat’, the administration imposed prohibitory orders under Section 144 of the CrPC in the entire district and deployed the PAC and the Rapid Action Force.

As soon as reports of attacks on participants of the mahapanchayat started doing the rounds, the situation went out of control. The police had to beat a hasty retreat in many places as the well-armed rioters outnumbered them. The district administration immediately imposed curfew. At least 62 people, including 42 Muslims and 20 Hindus, were killed in the violence, 93 injured and more than 50,000 displaced from their homes and villages. The displaced people found shelter in ill-equipped relief camps, where some of the children died in the following winter due to the freezing cold.

The Supreme Court held the Samajwadi Party prima facie guilty of negligence in preventing the violence and ordered it to immediately arrest all the accused irrespective of their political affiliation.

pradyot@tehelka.com | bhoopesh@tehelka.com | anurag@tehelka.com

April 06, 2015

Announcement: Public Meeting on State Violence and the (Im)possibility of Justice: Lessons from Hashimpura (7th April @ Jamia Milia Islamia, Delhi)

Jamia Teachers’ Solidarity Association
and
Jamia Teachers’ Association

Invite you to a Public Meeting on State Violence and the (Im)possibility of Justice: Lessons from Hashimpura

Speakers:

Adv. Rebecca John (lawyer for the victims)
V.N. Rai, Retired IPS
Prof. Purushottam Agrawal, critic and commentator
Ajay Singh, senior journalist


7th April (Tuesday) / 2.30 pm onwards

JTA office, Next to Central Canteen, Main Campus
Jamia Milia Islamia [Delhi]

March 24, 2015

Hashimpura acquittals - implications for India’s democracy: Press release from Justice for Hashimpura Committee on 24 March 2015

Full text of the press release issued by Justice for Hashimpura Committee at its widely attended public meeting held at the Indian Social Institute in New Delhi on 24 March 2015. The meeting was opened with initial remarks by Prof. Apoorvanand and by Vrinda Grover, the widely respected human rights lawyer. Justice R. Sachhar (Former Chief justice of Delhi High court), Advocate Rebecca John, Shri W. Habibullah, Tapan Bose, Uma Chakravarty, Harsh Mander, Shabnam Hashmi, Kavita Krishnan, John Dayal, Kamal Chenoy, Usha Ramanathan expressed grave concern at the continuing state of impunity as they spoke in solidarity with the victims of Hashimpura killings. They also underlined the alarming consequences of the systematic and systemic failure of criminal justice system. They pointed out that the injustice for the Hashimpura victims was part of a growing pattern where victims of vulnerable, minority and marginalized communities such as Muslims, Christians, Dalits, Adivasis are being denied justice for the atrocities committed on them. This has serious implications for India’s democracy. The meeting concluded with a determination expressed by all to continue to seek justice and accountability for these targeted custodial killings.
[see Full text here: http://www.anhadin.net/article269.html

[photos below by Mukul Dube]

December 04, 2007

Hashimpura killings: Whatever happened?

From Tehelka Magazine, Vol 4, Issue 47, Dated Dec 08 , 2007

whatever happened to...

The Hashimpura Killings

The victims Await justice, the culprits hold It off

ON MAY 24, 1987, nearly 50 Muslim men were picked up by UP’s Provincial Armed Constabulary (PAC) from Meerut’s Hashimpura locality, driven to the banks of the Upper Ganga Canal in Muradnagar nearby, and shot in cold blood. All bodies were then dumped in the canal, 42 of them died. Twenty years later, there is still no justice for the victims. Although 19 policemen were booked, not much has happened in terms of bringing them to pay. Three of the policemen have since died, the rest are facing charges in a trial that has proceeded painfully slowly. Recently, relations of the victims filed hundreds of RTI applications to find out why those responsible for the Hashimpura massacre had not been punished. Many continue to be in active service. Responses to the RTI applications also revealed that the confidential reports of the accused did not carry any negative comment. On the contrary, these reports gave some of them congratulatory notings. Further documents obtained through RTI disclose that they were suspended very briefly in 1995 after the chargesheet was submitted. But within a year most of the accused PAC personnel were reinstated on flimsy and untenable grounds. Shockingly, the reinstatement orders disclose that they were being reinstated because the PAC required their services.

So are we to conclude that the PAC requires the services of men who have been charged with and are currently being prosecuted for the murder of over 42 innocent Muslim men? Some other PAC men were reinstated on the grounds that they were facing “financial hardships”. Of course, no thought was spared for the families of Hashimpura who were rendered destitute due to the custodial killings. They continue their struggle for justice.

September 22, 2007

Twenty years on ; Waiting For Justice, Hashimpura PART 1 and 2

Indian Express
September 21, 2007

Waiting For Justice, Hashimpura PART-1

43 Muslims killed in custody: 20 yrs later, postcards of pain go to Maya
MOYNA


MEERUT, SEPTEMBER 20 : In an endless wait, even a postcard could mean hope.

That’s what the residents of Hashimpura are clinging on to.

As many as 48 people, all Muslims, were dragged out of their houses by UP’s Provincial Armed Constabulary (PAC) and loaded into a truck for “questioning” on May 22, 1987. Only five of them returned to tell the tale of a carnage.

Numerous court hearings, petitions and 615 RTI applications later, the residents are now ready with 270 postcards, each signed by a family member of a victim, addressed to Chief Minister Mayawati. “These postcards are an attempt to make the government see our plight and assist us,” says Zulfikar Nasir, one of the five survivors.

During the communal violence that followed the reopening of Babri Masjid’s gates in 1987, over 400 people were picked up from this Muslim-dominated locality. All but 43 returned.

For two months, the families did not know what happened to those taken away. They ran from police station to police station. Most of the community believed they would return. “It was only when I saw the article in Chouthi Duniya in June that I started making the lists of the missing people and asking all those coming out of the jail if they had seen or heard of any of them’ Eventually, we realised our children had been murdered in cold blood,” says Jamaluddin, father of one of the victims.

Some bodies were discovered floating in the upper Ganga canal near Moradabad but the police said those were of riot victims. The story came out when Zulfikar Nasir, who escaped by feigning death, returned.

“Even 20 years later, our families have not got justice and that’s why today we are requesting the government to change the Special Public Prosecutor employed by them in our case,” says the postcard. Says Mohammad Usman, who was shot twice but survived by pretending to be dead, “The present lawyer does not even care enough to talk to any of us before or after the court proceedings and that is why we want him to be changed... The case needs an honest and committed lawyer if we are ever to see justice done.”

While Special Public Prosecutor Surendra Adlakha did not comment, Director General of the Crime Branch CID, Harmol Singh, said, “We are very serious about seeing a conclusion to this case and are trying present the case as best as possible.”

“Grief, hope and despair have taken turns to play with us and now we only wait for the guilty to be punished for killing our innocent children,” says Hajira who lost her 18-year-old son.

“In most cases, the earning member of the family was taken away, leaving helpless children and mothers or wives behind to fend for themselves,” says Zarina Begum. Zarina lost both her husband and eldest son. She has supported her remaining family by stitching clothes and working as a maid.

Sitting in the verandah of Nasir’s house with tears in her eyes, she says: “The deaths seem to have left a whole generation missing in our locality.”

Shakeel was only six-years old when the PAC jawans dragged his elder brother away from him. “The memory does not fade and is as clear as if it happened yesterday,” he says.

Pointing to a crack left by the rifles on the front door of his house, Shakeel, now 26, adds: “Even if we want to move on, we can’t... Memories are all around us.” He spends a considerable time every morning to comb his hair in a particular way to hide the deep rifle scars that occurred when he was shoved away from his brother.

Five houses away, in this U-shaped, two-laned mohalla, 34-year-old Riazuddin feels 1987 is still holding him back. While his brother who was taken away in the PAC truck never returned, Riazuddin was let off after a month. “I have been wanting to sell my property for a number of years but I get very poor offers because everyone feels “what if there is another riot, how will we ever escape with only two gates into or out of the locality on the main road,’” he says.

Despite all these years, the community hasn’t given up on each other. They have shared not just their grief but their resources including the compensation money, given earlier this year by the former UP CM Mulayam Singh Yadav,

as well.

And they have stood united and firm. Says Vrinda Grover, their lawyer: “Unlike the witnesses in other cases who are turning hostile or changing their testimony constantly, these people are intimately connected through common grief and loss.” The elders keep the bond intact. Says Jamaluddin, “We have controlled our children because violence begets nothing and we have faith in the justice system.”

Riazuddin says: “Till the older generation is around, we will not give up but after that it is hard to tell because the first priority for every person is to ensure food on his table.”

In the 20 long years, did the community ever feel like giving up the fight? “It has been long but there is always justice in the end and we are waiting for that. We want the culprits brought to book and nothing or no one can ever change our stand,” says Hajira whose son was murdered and husband beaten up badly. “Allah will ensure justice is done and till it is we will not give up hope.”

HOW THE CASE DRAGGED

• w May 1987

Communal violence in Meerut; CRPF, Army and Provincial Armed Constabulary brought in to control the situation.

May 22: Search and arrests all over Meerut, around 400 Muslims picked up. A week later, Zulfiqar Nasir, a survivor, speaks to the press.

1988

The UP Government orders an inquiry by the Crime Branch Central Investigation Department (CB CID).

• w February 1994

The CB CID submits report indicting 66 PAC men, report not made public.

• w February 1995

Family members of the victims file a writ petition before the Lucknow bench of Allahabad High Court requesting the trial of all the 66 PAC men, compensation for the family members and the release of the CID report.

• w 1996-2000

Charge-sheet filed against 19 PAC men at the court of Chief Judicial Magistrate, Ghaziabad; Six bailable and 17 non-bailable warrants issued against the 19 accused, but none of them appear before the Ghaziabad court. All 19 are in active service; 16 of the 19 accused surrender before the Ghaziabad court; Bail granted to all.

• w September, 2000

Following a petition filed by the families, the Supreme Court transfers the case to Delhi.

• w 2002 to 2004

Trial does not commence because the state fails to appoint a Special Public Prosecutor (SPP); The UP Government appoints and later withdraws an SPP as he lacks the professional qualifications; Surendra Adlakha appointed the new SPP

• w 2006

Charges framed against the accused for conspiracy to murder, attempt to murder, tampering with evidence at a sessions court in Delhi; SPP Adlakha fails to appear for the hearing, court imposes a fine of Rs 5,000; Testimonies of prosecution witnesses and survivors Zulfikar Nasir and Mohd Naeem recorded

• w 2007

The sessions court orders the hearing to be held on a day-to day basis from February 8. Testimony of third witness and survivor Mohd. Usman recorded, Fourth prosecution witness and survivor Mujibur Rehman begins his testimony in court; Case transferred twice to different Judges in the Sessions court in Delhi; Next date for hearing Rehman’s testimony fixed for November.

o o o

India Express
September 22, 2007

Waiting For Justice, Hashimpura PART-2

They lived to tell the tale of a massacre, if only someone hears
MOYNA

MEERUT, SEPTEMBER 21: Zulifkar Nasir cannot forget the darkest night in his life, the shouts, screams and gunshots.


The bullet scar on his upper left arm is a reminder.

Nasir says: “In the dark, I could not see anything and it was only from the sounds I was able to make out what was happening... I thought if I have to survive, I will have to pretend to be dead.”

That’s how he lived to tell the tale of the carnage_of 43 Muslim men who were picked up from Hashimpura on May 22, 1987 by UP’s Provincial Armed Constabulary (PAC).

They were taken to a deserted spot near Murad Nagar, 40 km from Hashimpura, along the Upper Ganga Canal. The headlights of the truck were switched off.

They were dragged out, one by one. Then the shooting began.

Nasir escaped once the PAC truck returned. He hid in a public urinal, 3 km from the spot of the shooting. In the morning, he reached Ghaziabad where his uncle stayed and later told the media about the night of May 22.

Nasir was then 17. Today, he runs a small iron workshop with which he supports his wife and three children. “We are citizens of this country and should be treated thus... The government ought to give us the same treatment as the victims of the 1984 riots,” he says.

Nasir is one of the five witnesses, all survivors, in the case. All of them are poor but haven’t moved a bit from their stand at a time high-profile cases fall flat because of hostile witnesses.

Nasir points to the peepal tree, the spot in Hashimpura where they were lined up before being bundled into the truck. He has not got any compensation as he is not considered a victim but that has not affected his commitment to the case. “I want to see justice done because what happened on that day was inhumanely cruel, and the guilty have to be punished for leaving generations scarred,” he says.

Nasir and other survivors have worked hard to keep the community together in their fight for justice. Says Mohammad Naim, 39, another survivor: “In most cases, the earning member of the family was taken away, leaving behind helpless children and mothers to fend for themselves.”

Forty-seven-year-old Moh-mad Usman, who was shot twice, is now a fruit vendor. Even in his daily struggle to support his wife and six children, Hussain, with a leg crippled in the shoot-out, finds time for the case. He says he wants to do his bit to “help punish the guilty for their inhuman acts.”

In February, a nervous Usman told a Delhi court about the night of May 22. “We were sorted out on the basis of our strength and physique. While the elders and children were picked out and set free, the young were grouped together and put in the yellow PAC trucks,” he told the court.

According to Usman, after three boys were pulled out from the truck and shot point blank, the others in the truck started screaming. So the PAC jawans opened fire. He was the, “fourteenth or fifteenth person to be shot and thrown into the stream.” He remembered how the shooting continued for 30 to 35 minutes. “After that, the PAC people got into the truck and left,” he told the court.

Usman has a haunted look in his eyes every time he describes how he escaped by pretending to be dead. “Two or three others like me were alive with bullet wounds—and on our way to the main road, we were stopped by two policemen on a motorcycle.” Usman recalls how the police agreed to help him only on the condition that he was to “never mention that the PAC shot at us.”

He is still troubled about having giving in to the police pressure back in 1987. “If there is one thing I truly regret in my life, it is statement I made to the police 20 years ago absolving the PAC of their role in the killings.” But Usman believes that if he had not done so, he would not have survived.

Twenty years after the carnage, the court is hearing the testimony of the fourth survivor. Usman hopes he will see the end of the trial in his lifetime.

September 05, 2007

Hashimpura: 20 years later, accused cops yet to face action

Indian Express
September 05, 2007

Hashimpura: 20 years later, accused cops yet to face action

by Seema Chishti

New Delhi, September 4: Television clippings showing a motorcycle-borne officer of the Bhagalpur police force dragging a petty thief along may have brought police brutality sharply into focus, but in another matter, RTI pleas filed by relatives of victims of custodial killings 20 years ago have revealed how the police deal with one of their own when accused of flouting the law themselves.

Marking 20 years of the deaths of 42 Muslim men in custody at Hashimpura in Uttar Pradesh, their family lawyers had organised 615 RTI applications to be filed with the Police Armed Constabulary (PAC) in UP, to find out details of the status of 16 accused PAC officers and if they were still in service.

The responses received by lawyer Vrinda Grover this week have revealed some startling facts.

The Annual Confidential Report (ACR) of the 16 PAC officers, who were chargesheeted for the custodial killings and are being tried for murder (first in UP, and then by a Delhi Sessions Court since September 2000) reveal that of the 19 accused initially, other than the three who had died since the incident or those who have retired, all continue to remain in service. Not only this, the ACRs reveal that there is no trace of any misconduct on them. In fact, they have been praised for their work and some have been classified in the category of "ati uttam" or "excellent". For example, the ACR of chargesheeted PAC officer Ram Dhyan for 1987, after the CB CID started its inquiry, declares him to be a "smart aur swasth jawan hai, football team ka sadasya hai, is varsh do naqad puraskar paaye hain" (a smart and healthy jawan, who is a member of the football team, and has won two cash prizes this year).

In the same year, the ACR for another chargesheeted officer Budhi Raj reads; "kaam tatah aacharan ati uttam hai" (work and behaviour is excellent). Another chargesheeted jawan Samiullah's ACR for 1987 marks him out as "kaam aur aacharan achcha raha, satya nishtha pramaanit hai." (work and behaviour is good).

Says Grover: "Going through the detailed ACRs of the accused jawans really highlights how undependable and flawed the internal working of the police departments is. The internal checks and balances the police boasts about are these ACRs that are not only not critical, but laud those being tried in court for custodial killings."

Another shocking thing is that of the over 100 pages of documents given to RTI applicants, there are 19 pages of blank but attested sheets that have been given as part of the response to the applicants. The applicants intend going into appeal against this.

Two important questions remain unanswered, despite pointed questions being asked on these; one, the CB CID report (which was submitted to the state government in February 1994) has still not been made available, and the other, the names of the senior officer who had ordered the killing of the men picked up from Hashimpura in Meerut on May 22, 1987 is still a secret.

RTI revelations

• Twenty years on, no action taken, all chargesheeted still in service. ACRs praise accused jawans

• Several attested but blank sheets given out as response to RTI

• 1994 CB CID report still not made public about who ordered the firing on the 42 Muslim men in 1987

© 2007: Indian Express Newspapers (Mumbai) Ltd. All rights reserved throughout the world.

Press Release: Hashimpura killings: RTI response

Press Release

Hashimpura killings: RTI response

On 24th May 2007, to mark the twentieth anniversary of the communally motivated Hashimpura PAC custodial killings, victim families and survivors had filed 615 RTI applications in Lucknow.

613 RTI applications were 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). The survivors and families of the victims asked the State why the accused PAC men charged by a Delhi Sessions Court for the murder of 42 Muslim men, continue to be in active service of the PAC? Was any departmental inquiry initiated against them? Was any disciplinary action taken against them? Or were they rewarded with promotions in rank and emoluments? Were the 19 accused PAC men ever suspended from service? What were the grounds on which they were reinstated? They asked for copies of the Annual Confidential Report (ACR) of each of the accused persons to be made available.
In reply to these RTI applications some information

has been made available. The A.C.R. of the accused PAC men reveals that mass custodial killing of Muslims does not even invite a negative comment in the Report. To the contrary the ACR noting for the year 1987 gives the PAC accused a glowing and congratulatory report. The ACR of 14 of the PAC accused that has been supplied states for the year 1987, „ Kaam aur Aacharan Achha Hai. Satyanishtha Pramnit hai. Shreni Achha.‰. The career prospects of the accused were in no way hurt by the fact that the CBCID was enquiring into their role in the brutal killings of over 42 innocent Muslims.

The reply received from the State states that no Departmental Enquiry was ever conducted against any of the 19 PAC accused men, nor any disciplinary action taken. Was the mass killing of Muslims in custody not a cause serious enough to warrant a departmental enquiry?

Further documents obtained through RTI disclose that they were suspended very briefly in 1995 after the charge sheet was submitted by the CBCID. Within a year or more the accused PAC personnel were reinstated on flimsy and untenable grounds. Shockingly the reinstatement orders disclose that they were being reinstated, as the PAC required their services. So are we to conclude that the PAC requires the services of those men who have been charged with and are currently being prosecuted for the murder of over 42 innocent Muslim men. Other PAC men were reinstated as they were facing financial hardships. Of course no thought was spared for the families of Hashimpura who were rendered destitute due to the PAC custodial killings. The attitude and approach both of the State and the Police Department sends a clear signal condoning the communally motivated custodial killings and encouraging State impunity.

It is shocking to see that some of the documents supplied in reply are completely blank and the concerned officer has even attested the same. Such a brazen disregard for the rights of the people belies all claims of good and transparent governance.
RTI was also deployed to expose the complicity of the State and unmask the truth. The counsel for the victim families, Advocate Vrinda Grover, had filed 2 RTI applications with the Home Department. These RTI applications 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 was asked to reveal how many persons were indicted by the CBCID Report as complicit in the PAC killings and why did the State sanction criminal prosecution only against 19 PAC men and not all the others indicted in the CB CID Report? The RTI application also pointedly asks the reasons for the delay in the prosecution of the PAC accused and the names of those responsible for the same.
The response of the State to these 2 RTI applications is very disappointing. The CBCID report has not been made available nor have answers been given to any of the above questions. The State has simply chosen to stonewall and blatantly violate the citizens right to information.

Against this 4 Appeals and 4 Complaints were been filed under the RTI Act with the Appellate Authority.

On 3rd September 2007 the Appeals were argued before Mr. Harmol Singh Director General CBCID, in Lucknow, by Adv. Vrinda Grover who was accompanied by Magsaysay award winner Sandeep Pandey, journalist Nasiruddin Haider Khan and Vanagna activist Puneet Goel. The D.G. admitted that as per the RTI Act they ought to have answered the RTI's filed more than 3 months ago. The DG sought time and assured that information would be supplied shortly. The D.G. CBCID also assured the delegation that CBCID as the prosecuting agency would ensure that the criminal trial pending in Delhi court is prosecuted effectively and efficiently. Appeals are also pending before the State Information Commission. No date for hearing has yet been given.

Vrinda Grover
Advocate
New Delhi
09810806181 (m)

August 30, 2007

Hashimpura massacre the continuing injustice



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.

May 26, 2007

Hashimpura massacre: 615 under RTI

(The Times of India
26 May, 2007)

Hashimpura massacre: 615 under RTI

by Rakesh Mohan Chaturvedi/TIMES NEWS NETWORK


LUCKNOW: It was almost 20 years ago that the personnel of Uttar Pradesh Provincial Armed Constabulary (PAC) shot dead 42 Muslims of Hashimpura mohalla in Meerut. These men were picked up by the PAC men after a riot broke out in Meerut on May 22, 1987.

Since then the families of the victims have been fighting for justice with no success. However, the Right to Information Act has given them a new hope.

On Thursday, the families of the Hashimpura case met DIG, DC Pandey, in the UP DGP's office. They submitted 613 applications under the Right to Information Act.

Two more applications were filed in connection with the case by activist Vrinda Grover."This is a record of sorts as far as number of RTI applications on one issue are concerned,"said Grover.

In all, 50 men had been picked up by the PAC men, led by Platoon Commander, Surinder Pal Singh on May 22, 1987 after the communal riots in Meerut were controlled.

These men were taken to the Upper Ganga Canal, Murad Nagar, and the Hindon Canal. Here these men were shot at and their bodies were thrown into the canal. While 42 men died and two were permanently disabled, six of them survived to tell their tale.

After the press and NGOs raised a hue and cry, this case was transferred to the CB-CID in 1988. The investigation was dragged on for about six years after which 19 PAC men were indicted.

"These men were from the lower ranks and the seniors were spared,"Grover informed. In the past 20 years since the massacre, three of the 19 men are dead. This includes the platoon commander, Surinder Pal Singh.

Grover feels that the CB-CID report should be made public as it had indicted more people than were made public later.

"There was an unprecedented delay in the investigation which shows that some men were shielded under pressure,"she argued. Once the details tumble out under the RTI Act, some skeletons in the police cupboard will be come out.

May 22, 2007

Press Invite: Right to Information application Hashimpura Lucknow

Press Invite

22nd May 2007 marks the death anniversary of the Hashimpura Victims and the 20th year of continuing injustice, impunity of the State and the gross failure of the legal system to punish perpetrators of mass crimes. On 22 nd May 1987, the Provincial Armed Constabulary committed the worst incident of communal custodial killings in independent India. Over 40 Muslim men of Mohalla Hashimpura, Meerut were shot dead and their bodies thrown into the Upper Ganga canal and Hindon canal. After a transfer order of the Supreme Court, it was only last year that a Delhi Court framed charges of murder, conspiracy, attempt to murder etc. against all the19 PAC accused. 3 survivors have since given eyewitness accounts of the PAC custodial killings. For twenty years the families of the victims and the survivors have been battling against all odds to secure justice for mass crimes.

For the first time in India, 615 Right to Information applications will be filed by the victim families, challenging the impunity of the P.A.C. and seeking accountability from the State. They are asking the State to tell them why these PAC accused have not been suspended from service while being prosecuted for custodial murders? What departmental proceedings and disciplinary action, if any, were initiated against them? Why was there a delay of almost a decade in even charge sheeting the PAC accused? Why were most of those indicted by the CB CID Report let off the hook? They are asking for the CBCID Inquiry Report into the PAC killings to be made public.

It is this courage and spirit of the people to unmask the truth that can halt the present regime of fake encounters, custodial deaths and communal killings, which pose a grave threat to Indian democracy and human rights.

24th May, 2007 at 10.30.a.m.

DGP Office, 1 Tilak Marg, Lucknow

Families of victims and survivors of Hashimpura will file 615 RTI applications supported by a delegation of the Citizens of Lucknow

Press Conference

Press Club, Lucknow

4:00 p.m.


Panelists: Survivors and families of victims of Mohalla Hashimpura, Meerut

Roop Rekha Verma (Sanjhi Duniya, Ex. Vice Chancellor Lucknow University)
Saleem Kidwai (Historian & Writer Lucknow)
Sharib Rudavli (Retd. Prof. of Urdu, JNU Delhi)
Sandeep Pandey (RTI Activist)
S.R. Darapuri (Retd. I.G.Police)
Vrinda Grover (Advocate, Hashimpura Case)
Nasiruddin (Journalist &Activist)


Contact-
Madhavi Kuckreja
VANANGANA
9415104361-M
3019228-O

May 14, 2007

Hashimpura: 20 years on, justice still awaited



A Hindustan Times report on the ongoing struggle for justice, by the families of the Hashimpura killings by the UP PAC, in May 1987. For the last 20 years they have been challenging the impunity enjoyed by the Police.

December 17, 2006

Meerut - Hashimpura Killings: Brutaalised but not broken

HindustanTimes.com
December 17, 2006

BRUTALISED, BUT NOT BROKEN

by Harsh Mander

The police bullet pierced through his shoulder, stunning him with pain. If it had entered his body just a few inches lower, he would have died, like the forty other young men that the constables had bundled into the truck with him. They took him for dead, throwing him into the canal. Zulfikar was then 17 years old.

A few hours earlier, constables of the Provincial Armed Constabulary (PAC) had surrounded Hashimpura, a working class and predominantly Muslim colony of factory workers and weavers in Meerut. It was the evening of May 22, 1987, and the city was still smouldering with the fires of more than a month of embittered and brutal rioting, that had left many slain by police bullets and burning alive, hundreds of homes, factories, shops and vehicles gutted, and people of both communities convulsed with sullen hate and anger.

The PAC forced all the residents of Hashimpura out of their homes onto the road, and searched their homes, randomly smashing their furniture and valuables. It was the sacred month of Ramzan, and most were still observing the ritual fasting as they tensely cowered for hours outside their homes. Almost all the able-bodied men, totalling 324 according to official records, all Muslim, were arrested and crowded into police trucks. They were first driven to police lock-ups, where they were beaten with police batons. They were then shifted to jails, where they were attacked by prisoners, leaving five dead.

In Hashimpura, after the strong able-bodied men were arrested and driven away, nearly 50 among the teenaged and old men who remained behind were then rounded up by the PAC constables into a yellow truck. Many of their loved ones wailed as they were driven away. Yet, none dreamed that this would be the last time that they would see most of them alive.

Zulfikar and others thought that they too would be driven to the police station. They panicked when the truck instead began to drive them out of the city; they shouted hopelessly but there were none to heed their cries in the shrouds of curfew. The truck rumbled to a halt more than an hour later near the banks of the Upper Ganga Canal in Muradnagar, Ghaziabad. By then, the sun had set. The terrified men packed in the truck still did not know what the men in khaki planned for them.

The man nearest the edge was first pulled down, and the sound of rifle-fire echoed through the uneasy silence; he fell, and his body was dragged to the canal and thrown in. A second man was then pulled down, and met the same fate. Zulfikar was the third. The bullet passed through his shoulder; he too collapsed, but was alive. He held his breath, and the constables took him for dead, and flung him also into the canal. He floated briefly, but soon found himself tangled in some weeds, which he grabbed and silently waited with intense foreboding, blood flowing from his bullet wound into the water.

By then, the men in the truck comprehended the terrible truth of what was happening, and they raised a great uproar. The constables panicked, and changed track. They mounted the truck and opened fire blindly, killing at least half the men there. They dragged out the bodies and threw them into the canal. The remaining men fell silent in cold terror, recalling their God and those they loved, certain now that they would not escape alive.

Zulfikar listened as the truck finally drove away. He came to know later that they then drove to the Hindon Canal, and completed the massacre of the remaining men. Of the nearly 50 men who the PAC picked up, only six survived. A policeman later testified to seeing the blood-stained PAC truck enter the premises of the camp of the PAC.

Zulkifar finally pulled himself out of the canal an hour later, and hid in a urinal. He had to continue his fast amid the stench of urine and his throbbing shoulder the next 24 hours, until he felt it was safe to slink to the home of a relative the next night. Days later, he took a bus to the home of Syed Shahabuddin, MP, in Delhi, and together they broke the story of the massacre in a press conference to a (briefly) outraged world.

Meanwhile, many bodies were found floating in the canal. The Superintendent of Police, Ghaziabad, VN Rai, insisted on filing police complaints, even though the top political and police leadership reportedly wanted to suppress the story for fear of a rebellion in the forces. In 1988, the state government directed the Crime Branch Central Investigation Department (CBCID) to investigate, but its report, submitted six years later in 1994, was never made public, and no charges were initially framed.

However, the survivors and members of the families of those killed moved the Supreme Court in 1995 to make the report public and to prosecute those indicted in it. The court refused to intervene, and instead asked the petitioners to approach the High Court. The case remains unresolved in the High Court, but the state government finally bowed to pressure in 1996 by filing criminal chargesheets against 19 PAC personnel. Not a single senior official is included in the chargesheet. Even the 19 of the accused from the lower ranks of the PAC were not arrested, despite 23 non-bailable arrest warrants. They were in active service, but the government pleaded that they were ‘absconding’ throughout!

Ultimately, rights activist Iqbal Ansari and relatives of those slaughtered applied to the Supreme Court to transfer the case, in the interests of justice, from Uttar Pradesh to Delhi, which it ordered in September 2002. More years were allowed to pass over the wrangle of which government should appoint the special public prosecutor. The case continued to be adjourned on technical grounds, enabled by a reluctant public prosecutor appointed by the Uttar Pradesh government. Human rights lawyers Vrinda Grover and Rebecca John took up the reins as their advocates.

It was finally in May 2006, 19 years almost to the day after the massacre, that charges were finally framed against the accused. Three of the accused have died, the remaining 16 appear in every hearing in the cramped untidy Tis Hazari courtroom and listen tensely to the statements of the survivors — but continue in active service. A large number of residents of Hashimpura crowd the courtroom. All working class people, many widowed and aged, unsupported by any organisation, gather money from their own savings for travel for every court hearing, only to give wordless strength to each other as they speak out their harrowing truths in court.

Zulfikar, now 36, knows that the battle in the courts will be arduous. Yet, he still longs above all for justice. “Those who did this zulm must be punished. We do not want our children to see such a day again. It is for this that we fight.” Some fear that they may still lose the case, but their lawyer Vrinda Grover counters, “The survivors and their families have already won. By their brave resolute epic fight. By bringing 16 PAC men to court every hearing. If the case is dismissed, it is the country that will lose. But not them. They have already won.”

Harsh Mander is the convenor of Aman Biradari, a people’s campaign for secularism, peace and justice.

September 27, 2006

Meerut: Hashimpura Muslim Massacre Trial Reopens

Hashimpura Muslim Massacre Trial Reopens: Can Justice
Be Expected?

by Azim A. Khan Sherwani

The criminal proceedings against the accused in the
notorious Hashimpura massacre case have recently
reopened in New Delhi's Tis Hazaree Court. It is a
chilling reminder of the apathy of the state towards
access to justice for Muslims that it has taken
nineteen long years for this to happen. While the
Å’mainstream‚ media is awash with reports about the
courts pronouncing judgments in cases related to the
1993 Mumbai serial blasts, it is remarkably silent on
the continued denial to justice of the hapless Muslim
victims of the gory Hashimpura massacre in which
agencies of the state were directly involved. This
fits into a pattern˜Muslim victims of state and
Hindutva violence appear to stand little chance of
securing justice. Nor does the Indian political class
as a whole and the Å’mainstream‚ media, influential
sections of which are unabashedly Islamophobic, appear
concerned about their plight.

In May 1987 policemen belonging to the Uttar Pradesh
Provincial Armed Constabulary (PAC) shot dead 42
Muslim men, most of them youths, including some
minors, from the Hashimpura locality in Meerut. The
massacre occurred in the wake of the communal riots
that broke out in Meerut in April that year after the
Rajiv Gandhi government decided to open the gates of
the Babri Masjid to allow Hindus to worship therein.
The violence was brought under control in a few days.
In May, however, Meerut exploded again.

The violence this time was unprecedented and a massive
force, including the Army, was deployed in the
affected areas. Curfew was imposed and PAC personnel
conducted searches in several Muslim localities in the
city. On May 22, 1987, they booked hundreds of Muslim
youth from Hashimpura, although there was no rioting
in that area of Meerut city. Nineteen PAC personnel,
under platoon commander Surinder Pal Singh, took about
50 Muslim youths, most of them daily wage labourers
and poor weavers, in a PAC truck from Hashimpura to
the Upper Ganga Canal in Murad Nagar, Ghaziabad,
instead of taking them to the police station. They
shot them dead in cold blood and threw their bodies
into the canal. The PAC personnel then drove ahead in
their truck to the Hindon Canal in Makanpur and shot
dead several other Muslim youths they had taken with
them. Two of the persons who survived the Hindon Canal
massacre and managed to escape lodged an FIR at the
Link Road Police Station. One of the four others who
managed to escape the massacre at the Upper Ganga
Canal filed an FIR at the Murad Nagar police station.

The horrific incident outraged sections of the media
and Muslim organisations. The People's Union for
Democratic Rights (PUDR) filed a writ petition in the
Supreme Court seeking more compensation to the
families of the victims and an inquiry into the
incident. The Supreme Court directed the state
government to pay an additional compensation of a mere
Rs.20,000 to the families of each of the victims. In
1988, the state government ordered an inquiry by the
Crime Branch Central Investigation Department (CBCID).

During the CBCID inquiry, Sub-Inspector Virendra
Singh, who was in charge of the Link Road Police
Station, related that when he received information
about what had happened he set off towards the Hindon
Canal. On his way, he saw a PAC truck heading back
from the place where the massacre had taken place. He
then tried chasing the truck and saw it enter 41st
Vahini, a camp of the PAC. The gatekeeper on night
duty stopped it. Soon, Vibhuti Narain Rai,
Superintendent of Police, Ghaziabad, and Naseem Zaidi,
District Magistrate, Ghaziabad, reached 41st Vahini.
They tried getting the truck traced through senior PAC
officers, but to no avail.

The CBCID identified 13 of the 16 bodies recovered
from the Hindon Canal and filed a charge sheet against
19 PAC personnel under Section 197 of the Criminal
Procedure Code (CrPC). Since most of the accused were
public servants, the state government's sanction under
Section 197 was needed to prosecute them. The
policemen were accused of murder, attempt to murder
and destruction of evidence. The charge sheet was
filed before the Chief Judicial Magistrate (CJM),
Ghaziabad.

The CJM issued summons to the accused, asking them to
appear before the court. When the accused did not
appear before the court, bailable warrants were issued
six times between January 1997 and February 1998.
Later, non-bailable warrants were issued 17 times
between April 1998 and April 2000. But the accused
evaded the summons and warrants.

Finally, as a consequence of the pressure of the
Supreme Court, 16 of the 19 accused surrendered before
the court in May 2000, 13 years after the incident.
However, although their bail applications were
initially rejected by the CJM, the accused managed to
obtain bail from the court of the District Judge,
Ghaziabad. While granting bail, the Judge claimed that
since the accused were members of the PAC there was no
chance of them absconding. Since then, the case has
been repeatedly delayed. In 2001, on the petition
filed by the victims before the Supreme Court, the
case was transferred from Ghaziabad to New Delhi as
the conditions there, it was argued, would be more
conducive to the trial. The Supreme Court transferred
the case to the Tis Hazari Court and ordered for day-
to-day hearing. But the case could not be argued
because the Uttar Pradesh government deliberately
delayed the appointment of the Special Public
Prosecutor (SPP). "We are at loss to understand why
the state has been taking this matter so casually and
why we were not informed over all these years the
correct position," a three-Judge Bench, headed by the
then Chief Justice A.S. Anand, lamented while hearing
a petition on the Meerut riots.

The state government had time and again failed to
comply with the directions of the apex court. The
first of these directives was made in 1996 while
hearing a petition drawing the court's attention to
the riots and the massacre in Hashimpura. The
petitioner had demanded to know what the government
had done on the basis of the recommendations of the
Justice CD Parekh Commission, which had been earlier
constituted by the state government to look into the
violence in Meerut. In this context, the Supreme Court
observed:

"We wish to emphasise that any further lapse or
failure to do the needful on the part of the state
would invite not only adverse comments from this court
but may require the personal presence of the Home
Secretary in this court to explain the lapses with a
view also to consider the question of starting
proceedings for contempt of court by the delinquents."

The court put on record that due to the
non-cooperative attitude of the state government in
the matter, "the case still remained in the
preliminary stages", although 14 years had passed
since the filing of the petition.

In February 2004, the Supreme Court issued a notice to
the Director-General of Police (DGP) and the Chief
Secretary of UP to appear before it in person.
Initially, the Special Public Prosecutor (SPP)
appointed by the UP government took no interest in
discharging his duties. The victims were clearly
dissatisfied with his functioning and so he was
removed after they complained. In November 2004, the
government appointed Surinder Adlakha, a less than
mediocre lawyer, as SPP. Recently, on 15th June 2006,
when the case started in the Tis Hazari Court, the
Additional Session Judge, N.P Kaushik, wrote very
strong words against the ill- preparedness of the SPP.


One of the lawyers representing the Hashimpura
complainants, Vrinda Grover, feels that the victims
have the right to be consulted before the SPP is
appointed. She accuses the UP government of
deliberately causing miscarriage of justice in the
case by trying to create hurdles in the proceedings
and appointing a lethargic and professionally
incompetent SPP. The case has not been properly
investigated and more evidence could easily have been
collected from the site of the massacre.

As the apathetic attitude of the government to the
case of the hapless Muslims of Hashimpura seems to
suggest, it is not just the fanatic Hindutva lobby,
including the BJP that is indifferent, if not hostile,
to the plight of Muslims repeatedly denied justice.
Today, UP is ruled by Mulayam Singh Yadav's Samajwadi
Party and a Congress-Left combine rules India. The
present MLA and Minister in UP government from Meerut,
a Muslim elected on the Samajwadi Party ticket, too,
has shown little or no concern to take up the cause of
the victims of the Hashmipura massacre, so supine are
many self-proclaimed Muslim 'leaders', who are
answerable to their parties rather than to their own
constituencies, concerned more about their own
personal political gains than about issues afflicting
the community.

Access to justice in riot and carnage cases is a
distant dream for Muslims in India. The Hashimpura
massacre is a part of a long series of cases of denial
of justice to Muslims. Vibhuti Narain Rai, who was
the Superintendent of Police, Ghaziabad, when the
massacre took place, states very clearly in his
pioneering book 'Combating Communal
Conflicts--Perception of Police Neutrality During
Hindu-Muslim Riots in India' that most of the police
personnel posted in Meerut saw the riots as a result
of Muslim "mischief", while ignoring or overlooking
the role of Hindutva groups in fanning them. They
claimed that Meerut had become a "mini-Pakistan"
because of "Muslim intransigence" and that it was
necessary to teach the community a lesson. He argues
for combating such deeply-rooted communal prejudices
among the police and insists on the need for adequate
Muslim representation in the police services. Yet,
communal biases remain firmly entrenched, as reflected
in the State's reluctance to prosecute guilty police
personnel in the Hashimpura trial.

There is a desperate need to scrutinise the role of
public prosecutors who, in many trials related to
communal riots and anti-Muslim pogroms, take a leading
role in facilitating impunity to the accused. In the
wake of the state-sponsored massacres of Muslims in
2002, Gujarat witnessed the same kind of modus
operandi adopted by the state, resulting in mass
acquittals of Hindus accused in heinous cases. This
calls for Muslim organisations to work along with
human rights groups as well as organisations
representing other marginalised communities to carry
on the struggle for justice.
==========================================
The writer is based in Delhi and writes on issues
related to human rights & peace building. He may be
contacted on azimsherwani@gmail.com