Sunday, March 22, 2015

Times of India exposes: JUSTICE INDIA : All 16 UP cops accused in '87 Meerut massacre let off

Times of India exposes: JUSTICE INDIA


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Mar 22 2015 : The Times of India (Mumbai)
All 16 UP cops accused in '87 Meerut massacre let off

Sana Shakil

New Delhi:


42 Muslims Picked Up From Near Mosque & Shot

All 16 Uttar Pradesh cops who were accused of killing 42 Muslims in Meerut city were on Saturday acquitted in the 28-year-old Hashimpura massacre case by a Delhi trial court for want of evidence.Giving the accused the benefit of doubt in the sensational 1987 case, the court sa id there was lack of evidence, especially regarding the identity of the accused.
The detailed judgment of the court was not made available, but sources said the judge, in his order, said there were no doubts that the incident had occurred but there were many doubts if the accused were the actual culprits.
Fourteen of the 16 accused were present in the court, and expressed relief over the ruling. However, survivors and relatives of the victims said they were disappointed and would file an appeal.
Additional sessions judge Sanjay Jindal referred the case to the Delhi State Legal Services Authority for rehabilitation of the survivors.
All the 16 accused, who were out on bail, were Provincial Armed Constabulary personnel at the time of the incident. According to the prosecution, 19 PAC men came to Hashimpura on May 22, 1987, and picked up about 50 Muslims from a congregation of 500 outside a mosque.The victims were reportedly shot by the accused PAC men and their bodies thrown into a canal. The prosecution said 42 people had perished in the 1987 massacre in Meerut. In 2006, all the accused were put on trial and faced charges of murder, attempt to murder, tampering with evidence and conspiracy. However, three of the accused and many witnesses passed away during the trial.According to observers, the fact that crucial eyewitnesses either died or could not be traced led to no conviction in the case. Pertinently , the judge also said that there was lack of evidence regarding the identity of accused. The case was transferred to Delhi on the Supreme Courts's di rection in September 2002.The CB-CID of Uttar Pradesh police, which probed the case, had listed 161 people as witnesses. Those acquitted are Suresh Chand Sharma, Niranjan Lal, Kamal Singh, Budhi Singh, Basant Ballab, Kunwar Pal Singh, Budha Singh, Rambir Singh, Leela Dhar, Hambir Singh, Mokam Singh, Shami Ullaha, Sarwan Kumar, Jaipal Singh, Mahesh Prasad and Ram Dhayan. Except Mahesh Prasad and Kunwar Pal Singh, all were present in court for the hearing.
The prosecution said though the accused had been acquitted, there was no doubt about the occurrence of the incident. “The court has given benefit of the doubt to the accused regarding their identification and not regarding the incident. The fact that the court referred the case to Delhi Legal Service Authority for rehabilitation of the victims shows that the incident is not in doubt. I will give my report to the government. It is for the government to decide the further course of action as to whether the state wants to file an appeal,“ special public prosecutor Satish Tamta said.
The victims' families and some survivors termed the ruling “unfortunate“ and “denial of justice“. Babuddin, one of the survivors and eye-witnesses to the incident, said he could not recognise the PAC personnel in court as they were wearing helmets when the incident had occurred. “We are very sad as justice has been denied to us.I could not identify them before the court as they had worn helmets and nearly three decades have passed since the incident. Only because of this one mistake, the verdict was passed against us even though all other evidence was against them,“ he said.
Two other survivors and eye-witnesses--Usman and Mujibur Rehman were also disappointed. The verdict, however, was welcomed by the accused who said the long ordeal was finally over. “I am satisfied that justice is finally done. We faced the trial for last 28 years. During this time time, I failed to do anything for my family and kids. I was a head constable at the time of the alleged incident. I am going to retire soon and am still a head constable,“ 59-year-old Niranjan, one of the persons who was acquitted, said.
“We had to face such a long trial. That itself was a punishment despite the fact that I was not even present at the spot at the time of the incident. However, I am happy that the court finally did justice to us,“ another accused said. Advocates Salar M Khan and L D Mual, who appeared for several accused, said none of the eye witnesses had identified the accused in the court as those involved in the massacre.
Mar 22 2015 : The Times of India (Mumbai)
Hashimpura verdict opens old wounds
Sandeep Rai
Meerut:


`Waited For Hubby For Yrs, Only His Body Came Back'
Hashimpura for many of its residents is not just the name of a village, it is a word that translates into death and massacre.After all, it was here that 42 young Muslim men, who were taken away from their homes on the night of May 22, 1987, were found floating the next day in a nearby canal, their bodies riddled with bullets.
The men were mercilessly killed near the Murad Nagar canal and thrown into the water. Twenty-eight years later, when the Tis Hazari court in Delhi on Saturday acquitted all the 16 accused for want of evidence, there was a mournful quiet in the village near Meerut. Some, though, were angry , protesting loudly that it was a “massacre of justice“.
The Hashimpura massacre happened during the 1987 Hindu-Muslim riots in the city . On the night of May 22, 10 PAC personnel rounded up around 45 Muslim men and took them to the outskirts of Murad Nagar near the Upper Ganga Canal.The men were shot at point blank range and thrown into the canal. The incident led to a massive furore. In May 2000, 16 of the 19 accused surrendered (the rest had died of natural causes in the interim) but were later released on bail. The trial was then transferred by Supreme Court to the Tis Hazari court in Delhi.
Zaibun Nisha remembers vividly the one last look that her husband, Mohd Iqbal, gave her 28 years ago, moments before he was escorted by policemen on that fateful May night.She never saw him again. News came a few days later that Iqbal was among the 42 men that PAC personnel had picked up and later found in the canal. Zaibun was just 25 at that time and had delivered a baby girl two days earlier. Now 53, Zaibun said her wounds have been reopened.“Even 28 year later, I still dream of that night. I still see my husband giving me that one last look. I waited for him for years, but he never came back. His body did. This is nothing but a mockery of justice,“ she said, tears welling up in her eyes. Another resident of Hashimpura, Zarina, is inconsolable. She lost her husband and 16-year-old son in the mayhem. “Many were mercilessly beaten in Police Lines and then in jail. But at least some returned. My husband Zaheer and my son Javed never came back.“
TOI also met Zulfikar Nasir, a survivor. in the incident. “I was shot in the shoulder and thrown in the canal. But I managed to hold onto a bush and saved myself from being drowned,“ he said, hours after the verdict. “I saw people writhing in pain but could do nothing. I ran from there and reached a village where I was treated for my injuries. I went back home months later.“ Zulfikar added: “I am really pained to know about the verdict. I was one of the witnesses. And, here the court has set free the accused, for want of evidence.“
Mar 22 2015 : The Times of India (Mumbai)
`In 28 yrs, witnesses can die, forget details
Sana Shakil
New Delhi


Twenty eight years after the Hashimpura massacre in which over 40 Muslims were murdered in cold blood allegedly by Provincial Armed Constabulary (PAC) personnel, the verdict acquitting all the 16 accused for want of evidence was termed a “mockery of justice“ by legal experts.
The massacre had occurred in 1987 during riots in Meerut. The victims were allpicked up from the Hashimpura mohalla allegedly by the police personnel of 41st company of the PAC during a search operation. Legal luminaries say this case speaks volumes about faults with our judicial system as not only did the case take this long to reach its conclusion, the fact that no one was held accountable for the killings also raises questions on the credibility of the police force when it probes cases against its own men. The case was transferred to Delhi in 2002 after an SC order.
In its verdict on Saturday , the court did not dispute the occurrence of the killings and referred the matter to Delhi Legal Services Authority for rehabilitation of survivors.But acquitting 16 PAC men, the court said there was lack of evi dence regarding identity of the accused. Lawyers say the identification would have obviously been difficult as many survivors --who were waiting for justice and were key witnesses--had passed away during the prolonged trial.
“This case is a glaring example of how delays result in miscarriadge of justice. 28 years after the incident, witnesses either die or their memories fade away . It cannot be disputed that many lost their lives in this barbaric incident and yet not a single person has been found guilty . This is mockery of justice,“ noted criminal lawyer Majeed Memon said.
Counsel for the survivors and family members of victims, senior advocate Rebecca John said it was a classic example of justice delayed being justice denied. “Even after 28 years of the brutal killings, if we are unable to fix the accountability of this crime on anyone, we should hang our heads in shame. Many crucial witnesses died or could not be traced, Investigating officers died and important medical evidence got destroyed during the prolonged trial. This is a slap on the face of speedy justice in our country ,“ John said.
For the full report, log on to http:www.timesofindia.com
Mar 22 2015 : The Times of India (Mumbai)
Justice denied to us, say UP carnage survivors


42 Muslims Picked Up From Near Mosque & Shot
All 16 Uttar Pradesh cops who were accused of killing 42 Muslims in Meerut city were on Saturday acquitted in the 28-year-old Hashimpura massacre case by a Delhi trial court for want of evidence.Giving the accused the benefit of doubt in the sensational 1987 case, the court sa id there was lack of evidence, especially regarding the identity of the accused.
The detailed judgment of the court was not made available, but sources said the judge, in his order, said there were no doubts that the incident had occurred but there were many doubts if the accused were the actual culprits.
Fourteen of the 16 accused were present in the court, and expressed relief over the ruling. However, survivors and relatives of the victims said they were disappointed and would file an appeal.
Additional sessions judge Sanjay Jindal referred the case to the Delhi State Legal Services Authority for rehabilitation of the survivors.
All the 16 accused, who were out on bail, were Provincial Armed Constabulary personnel at the time of the incident. According to the prosecution, 19 PAC men came to Hashimpura on May 22, 1987, and picked up about 50 Muslims from a congregation of 500 outside a mosque.The victims were reportedly shot by the accused PAC men and their bodies thrown into a canal. The prosecution said 42 people had perished in the 1987 massacre in Meerut. In 2006, all the accused were put on trial and faced charges of murder, attempt to murder, tampering with evidence and conspiracy. However, three of the accused and many witnesses passed away during the trial.According to observers, the fact that crucial eyewitnesses either died or could not be traced led to no conviction in the case. Pertinently , the judge also said that there was lack of evidence regarding the identity of accused. The case was transferred to Delhi on the Supreme Courts's di rection in September 2002.The CB-CID of Uttar Pradesh police, which probed the case, had listed 161 people as witnesses. Those acquitted are Suresh Chand Sharma, Niranjan Lal, Kamal Singh, Budhi Singh, Basant Ballab, Kunwar Pal Singh, Budha Singh, Rambir Singh, Leela Dhar, Hambir Singh, Mokam Singh, Shami Ullaha, Sarwan Kumar, Jaipal Singh, Mahesh Prasad and Ram Dhayan. Except Mahesh Prasad and Kunwar Pal Singh, all were present in court for the hearing.
The prosecution said though the accused had been acquitted, there was no doubt about the occurrence of the incident. “The court has given benefit of the doubt to the accused regarding their identification and not regarding the incident. The fact that the court referred the case to Delhi Legal Service Authority for rehabilitation of the victims shows that the incident is not in doubt. I will give my report to the government. It is for the government to decide the further course of action as to whether the state wants to file an appeal,“ special public prosecutor Satish Tamta said.
The victims' families and some survivors termed the ruling “unfortunate“ and “denial of justice“. Babuddin, one of the survivors and eye-witnesses to the incident, said he could not recognise the PAC personnel in court as they were wearing helmets when the incident had occurred. “We are very sad as justice has been denied to us.I could not identify them before the court as they had worn helmets and nearly three decades have passed since the incident. Only because of this one mistake, the verdict was passed against us even though all other evidence was against them,“ he said.
Two other survivors and eye-witnesses--Usman and Mujibur Rehman were also disappointed. The verdict, however, was welcomed by the accused who said the long ordeal was finally over. “I am satisfied that justice is finally done. We faced the trial for last 28 years. During this time time, I failed to do anything for my family and kids. I was a head constable at the time of the alleged incident. I am going to retire soon and am still a head constable,“ 59-year-old Niranjan, one of the persons who was acquitted, said.
“We had to face such a long trial. That itself was a punishment despite the fact that I was not even present at the spot at the time of the incident. However, I am happy that the court finally did justice to us,“ another accused said. Advocates Salar M Khan and L D Mual, who appeared for several accused, said none of the eye witnesses had identified the accused in the court as those involved in the massacre.
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  • 1 comment:

    1. There is always a tough competition for govt jobs even the 3rd or 4th grade jobs like safai karmachari or kamatis. It is like doing seva for our country.

      ReplyDelete