Hashimpura acquittal: SC should take notice of ‘miscarriage of justice’

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By Mumtaz Alam, IndiaTomorrow.net,
New Delhi, 26 March 2015: Civil rights activists and social groups are aghast at the acquittal of all accused policemen in the 1987 Hashimpura massacre case. They have termed the acquittal as another massacre of the victims as well the justice and urged the Uttar Pradesh government to challenge the verdict and provide full compensation to the victims.

Eminent civil rights activist Kavita Krishnan said the acquittal is “shameful and shocking”. “It’s a comment on the shameful failure of our criminal justice system and delay as well as the injustice at the end of 28 years is a comment on the state of our political system as well,” said Kavita talking to IndiaTomorrow.net at Jantar Mantar where All India People’s Forum organized a protest demonstration against the acquittal of all the accused police personnel of Provincial Armed Constabulary (PAC) of Uttar Pradesh.

Acquittal in Hashimpura massacre is massacre of Justice

Kavita blamed successive governments of Uttar Pradesh for injustice to the families of the 42 men of Hashimpura locality of Meerut district who were killed by a PAC battalion on 22 May 1987.

“The acquittal has come because of a deliberate, calculated destruction and weakening of evidence and delay of the process by the successive state governments – of Congress, Samajwadi Party, BSP and BJP. All are complicit. The blood of Hashimpura is on the hands of all those political parties,” she said.

“I really think of it (acquittal) as another massacre. Because if that was massacre of Hashimpura people, this is massacre of justice,” said Kavita.

“As people of the country we have to acknowledge and affirm that what happened in Hashimpura and what the survivors are saying is true. We believe them and we stand by them. We are Hashimpura is something everyone all over the country should make it their job to say,” she added.

Accused could have been punished on basis of circumstantial evidence

Lawyer-activist ND Pancholi expressed shock at the verdict and said that the accused could have been punished at least on the basis of circumstantial evidence.

“The judgement is very unfortunate that we had not expected for. We had full hope that people fighting for justice for so many years will get justice but we were surprised at hearing the judgement that all accused have been acquitted while it was an incident which happened before the people,” Adv. Pancholi told IndiaTomorrow.net.


(from 2nd in front row) Rights activists ND Pancholi, Navaid Hamid, Inamur Rahman

“All know who did it. Despite all, merely on technical ground that they were not identified the accused were released while it was known these people were from the same battalion. At least on the basis of circumstantial evidence, they could have been convicted,” said Adv. Pancholi who practices law at Delhi High Court.

Supreme Court should take notice of Hashimpura acquittal

Eminent community leader and rights activist Navaid Hamid said the apex court of the country should intervene in the Hashimpura case.

“The Supreme Court of the country should take notice of this miscarriage of justice by a lower court because it is not an ordinary case. The verdict is not only the re-murder of the victims, it is murder of justice. It is murder of the law. It is murder of the whole system on which a common citizen believes,” he told IndiaTomorrow.net.

“Every government which has been in power, irrespective of party, is responsible for this miscarriage because from day one, the administration was biased towards the victims and was supporting the culprits,” alleged Navaid.

Why is Akhilesh Yadav govt. of UP silent?

“Because it is the paramount duty of the government to safeguard the constitution, the Akhilesh Yadav government of Uttar Pradesh has a responsibility to challenge this verdict. Why is Akhilesh government silent on the compensation to the victims? If Akhilesh government has any conscience they should announce compensation on lines of 1984 riot victims to the victims of Maliana and Hashimpura,” demanded Navaid, former Member of National Integration Council.

All India People’s Forum also blamed the governments of Uttar Pradesh for injustice to the Hashimpura victims.

“The acquittal of the perpetrators of the cold-blooded killing of 42 Muslims, after a futile 28 year wait for justice, speaks volumes about the sorry state of India’s criminal justice systems, and the lack of commitment of its political class and police machinery to basic secular, democratic values and norms,” it said in a statement.

“Why did subsequent Governments of UP, headed by the SP or BSP never act against the accused PAC men, instead promoting them,” it asked.

Chronology of Hashimpura case

— Massacre took place on 22nd May 1987
— FIR lodged on 22nd May 1987
— Charge sheet filed on 20th May 1996
— Supreme Court transferred the Trial from U.P. to Delhi in September 2002
— Charges framed against the accused PAC men for murder and criminal conspiracy in May 2006
— Survivor Zulfikar Nasir gives evidence in court as Prosecution Witness No.1 on 4th September 2006
— Present Special Public Prosecutor appointed in February 2008
— Last Prosecution Witness examined on 8th December 2011
— Prosecution evidence closed in 2014
— Statements of accused recorded on 23rd May 2014
— Defense evidence recorded on 6th August 2014
— Final Arguments heard from 13th August 2014 – 8th January 2014
— Judgment pronounced on 21st March, 2015

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