New Delhi, Oct 26: An independent fact-finding investigation into the lynching of Pehlu Khan, a dairy farmer, earlier this year by cow vigilantes has exposed how police tried to “weaken” the investigation by delaying filing of the FIR and invoking IPC sections of crimes with lesser punishment.
The investigation termed the police action as “monumental inefficiency” or a “deliberate attempt to weaken the cases against the accused gaurakshaks”.
In April, Khan, a dairy farmer from Jaisinghpur village in Haryana, was lynched by cow vigilantes in Behror of Alwar district in Rajasthan. He was returning home after purchasing two cows and two calves from a Jaipur cattle fair.
The murder caught national attention and Khan became the face of protests against the spate of lynchings across the country in the name of gauraksha or cow protection.
The independent investigation also revealed that the accused named in Khan’s “dying declaration” were not arrested and police failed to defend the arrests they made in court, as five of the seven got out on bail.
In July, Prime Minister Narendra Modi asked state governments to act against gaurakshaks indulging in violence.
The investigation report states that it has found that “police across the states are openly flouting the Prime Minister’s instructions, especially in the states that are ruled by Bharatiya Janata Party (BJP), be it Haryana, Gujarat, Jharkhand or Rajasthan.”
The report said that FIR was filed nine-and-half-hours after the incident, though the scene of the crime is only two km from the police station.
“The FIR claims that the police were informed of the attack at 3.54 a.m.” on April 2, but “according to the FIR the attack took place during 7 p.m.-10 p.m. on April 1”, and does not explain the delay, the report states.
Another major finding of the report was the invoking of IPC sections of crimes with lesser punishments among others.
“The FIR does not invoke Sec 307 of the IPC for the offence of “attempt to murder” which provides for imprisonment of 10 years to life. Instead, the FIR invokes Sec 308, which only takes cognisance of “attempt to culpable homicide not amounting to murder”, prescribing imprisonment of three to seven years,” the report said.
Also several sections of IPC which amount to criminal conspiracy, rioting with weapon, promoting religious enmity, which would have made the case stronger were ignored by police, according to the report.
“The pattern of behaviour exhibited by the police reflects either monumental inefficiency or a deliberate attempt to weaken the cases against the accused gaurakshaks, nearly all of whom are said to be connected with the BJP and its affiliates such as the Vishwa Hindu Parishad (VHP) and the Bajrang Dal,” the report read.
“Many of the accused have secured bail even though they have been charged with murder, that, too, committed in broad daylight. Their bail is even more surprising as the attackers took pictures and recorded videos of their acts which should anyway nail them without doubt,” it said.
The report states that it is hard to believe that the police could not trace the six accused named by Pehlu Khan in his “dying declaration” for five months after the incident.
“Khan named six of his attackers in a statement given to the police. But none was arrested. Police concluded that none of those named was involved in the attack. Those arrested were not named either in Khan’s statement or in the First Information Report (FIR). They got bail despite being charged with murder,” the report said.
“Their bail is even more surprising as the attackers took pictures and recorded videos of their acts which should anyway nail them without doubt,” the reports read.
The police failed to “defend the arrests” as five of the seven arrested secured bail, the report said.
As a way forward, the investigation suggests that the six men Khan named in his dying declaration should be arrested, a new FIR should be registered, and an investigation ordered into VHP and Bajrang Dal for involvement in Khan’s murder, among other measures.
The report has been endorsed by Alliance for Justice and Accountability, New York, Human Rights Law Network, New Delhi, and South Asia Solidarity Group, London. (IANS)
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With inputs from IndiaTomorrow.net
Addressing the press conference at the Press Club of India, eminent human rights lawyer Prashant Bhushan strongly denounced the way Rajasthan police handle the Pahlu Khan lynching case.
“In the name of Gau Raksha, army of goons has been formed. They are free to kill any one especially Muslim. Police is with them. Entire system is trying to protect Gau Rakshaks,” he alleged.
Criticizing the government he said: “Government is encouraging hooliganism. In such environment, neither democracy will survive nor law. If we don’t take stand we will be next.”
He announced that a protest petition will be filed seeking judicial probe into the Pahlu Khan case.
Speaking on the occasion, eminent civil rights activist Teesta Setalvad said: “We will file a protest petition in Pehlu Khan’s case. We will also form a committee against Gau Rakshaks. The case of Mohammad Akhlaq has been destroyed like this and many other cases like Junaid’s case.”
She demanded that the national minority panel should intervene. “The National Commission for Minorities is mandated to intervene.”
“As far as law is concerned, stringent laws were not invoked in the case like “attempt to murder”. And if it comes into the notice of court that investigation is not being done in right way, it can order a thorough probe under section 311. That is a lacuna here. We will send this report to be discussed in the Parliament as well as in the Rajasthan and Haryana assemblies. We will not wind up this case,” she said.
Addressing the press conference, former Additional Solicitor General of India Indira Jaising said: “It is not a shutdown case. It is going to continue. The Gau Rakshaks call themselves NGOs. There is a huge issue over here. All this is happening in the name of protecting animals. Why is it the responsibility of Gau Rakshaks to protect cows? Why can’t the police protect cows?”
