Hashimpura massacre: A perfect case of miscarriage of justice, legal expert says
http://timesofindia.indiatimes.com/india/Hashimpura-massacre-A-perfect-case-of-miscarriage-of-justice-legal-expert-says/articleshow/46649022.cms?
Delhi court acquits 16 UP police personnel accused in Hashimpura massacre.
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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.
READ ALSO: For lack of evidence, all 16 accused walk free
The massacre had occurred on May 22, 1987 during riots in Meerut city and the victims were picked up from the Hashimpura mohalla of the city allegedly by the police personnel of 41st company of the PAC during a search operation. Legal luminaries say this case speaks volumes about the faults with our judicial system as not only the case took 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 investigates cases against its own men.
READ ALSO: Hashimpura massacre — rifles given to PAC
The case was transferred to Delhi in 2002 after a Supreme Court order. In the verdict pronounced on Saturday, the court did not dispute the occurrence of killings and even referred the matter to Delhi Legal Services Authority for rehabilitation of survivors. But the court, while acquitting 16 PAC men, said there was lack of evidence regarding identity of the accused. Lawyers say the identity of accused would obviously been have difficult as many survivors—who were yearning for justice and were crucial eyewitnesses in the case, 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 a large number of people lost their lives in this barbaric homicidal 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 this case was a classic example of justice delayed being justice denied. "The victims are devastated by the verdict. Even after 28 years of the brutal killings, if we are unable to fix the accountability of this gruesome 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.
Relatives of a 1987 Hashimpura massacre victim. (TOI photo)
She added that the prosecuting agency is to be blamed for lack of evidence on which ground the court acquitted all the accused. "This is an act of dereliction of duty on the part of Uttar Pradesh police, the probe agency, as the case was against its own men. For fifteen years, when the case was being tried in a court in Uttar Pradesh, the case did not even move a step ahead," John said. Observers say state, governments, PAC, accused and even courts to a certain extent—for failing to monitor a speedy trial in the case, are responsible for the unusual delay in the case. The inquiry for this incident which was conducted by Crime Branch-CID took seven long years for completion and the inquiry report was finally submitted in 1994.
Relatives of 1987 Hashimpura massacre victims hold photos of those killed. (TOI photo)
In 1996, the chargesheet was finally filed before a Chief Judicial Magistrate (CJM), Ghaziabad in 1996 by Crime Branch of CID. Even after being chargesheeted, summoned several times and even after issuance of warrants against them, till 2002 none of the accused appeared in the court. The case was transferred to Delhi in September 2002 by the order of Supreme Court following a petition by the families of the massacre victims and survivors. The Uttar Pradesh government then took four long years to appoint a government advocate in the case. In July 2006, after the appointment of a public prosecutor, a sessions court framed charges framed charges of murder, attempt to murder, criminal conspiracy, abduction, unlawful confinement, assault, tampering with evidence against all the accused.
READ ALSO: For lack of evidence, all 16 accused walk free
The massacre had occurred on May 22, 1987 during riots in Meerut city and the victims were picked up from the Hashimpura mohalla of the city allegedly by the police personnel of 41st company of the PAC during a search operation. Legal luminaries say this case speaks volumes about the faults with our judicial system as not only the case took 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 investigates cases against its own men.
READ ALSO: Hashimpura massacre — rifles given to PAC
The case was transferred to Delhi in 2002 after a Supreme Court order. In the verdict pronounced on Saturday, the court did not dispute the occurrence of killings and even referred the matter to Delhi Legal Services Authority for rehabilitation of survivors. But the court, while acquitting 16 PAC men, said there was lack of evidence regarding identity of the accused. Lawyers say the identity of accused would obviously been have difficult as many survivors—who were yearning for justice and were crucial eyewitnesses in the case, 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 a large number of people lost their lives in this barbaric homicidal 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 this case was a classic example of justice delayed being justice denied. "The victims are devastated by the verdict. Even after 28 years of the brutal killings, if we are unable to fix the accountability of this gruesome 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.
Relatives of a 1987 Hashimpura massacre victim. (TOI photo)
She added that the prosecuting agency is to be blamed for lack of evidence on which ground the court acquitted all the accused. "This is an act of dereliction of duty on the part of Uttar Pradesh police, the probe agency, as the case was against its own men. For fifteen years, when the case was being tried in a court in Uttar Pradesh, the case did not even move a step ahead," John said. Observers say state, governments, PAC, accused and even courts to a certain extent—for failing to monitor a speedy trial in the case, are responsible for the unusual delay in the case. The inquiry for this incident which was conducted by Crime Branch-CID took seven long years for completion and the inquiry report was finally submitted in 1994.
Relatives of 1987 Hashimpura massacre victims hold photos of those killed. (TOI photo)
In 1996, the chargesheet was finally filed before a Chief Judicial Magistrate (CJM), Ghaziabad in 1996 by Crime Branch of CID. Even after being chargesheeted, summoned several times and even after issuance of warrants against them, till 2002 none of the accused appeared in the court. The case was transferred to Delhi in September 2002 by the order of Supreme Court following a petition by the families of the massacre victims and survivors. The Uttar Pradesh government then took four long years to appoint a government advocate in the case. In July 2006, after the appointment of a public prosecutor, a sessions court framed charges framed charges of murder, attempt to murder, criminal conspiracy, abduction, unlawful confinement, assault, tampering with evidence against all the accused.
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