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Thursday, March 27, 2014

Riot cases of Muzaffarnagar - U.P.- Apex court gave directions to the State and Central Governments in respect of Directions relating to rape cases: Directions regarding other offences including murder: Financial Assistance/Rehabilitation measures: = Mohd. Haroon & Ors. .... Petitioner (s) Versus Union of India & Anr. .... Respondent(s) = 2014 (March. Part ) judis.nic.in/supremecourt/filename=41339

Riot cases of Muzaffarnagar - U.P.- 
Apex court gave directions to the State and Central Governments  in respect of 
Directions relating to rape cases:
Directions regarding other offences including murder: 
Financial Assistance/Rehabilitation measures: =
07.09.2013. The riots  erupted  in  and
around District  Muzaffarnagar,  Uttar  Pradesh  as  a  result  of  communal
tension prevailing in the city, which wrecked lives of  a  large  number  of
people who fled from their homes out of anxiety and fear.=

 It is  also  pointed  out  that  the
displaced persons of all communities are compelled to live in shelter  camps
where adequate arrangements are becoming the problem of survival.


4)     Consequently,  several  writ  petitions,  under  Article  32  of  the
Constitution,  were  filed  by   various   individuals/Supreme   Court   Bar
Association/NGOs seeking for an inclusive protection for each  victim  whose
fundamental rights have been infringed in  the  said  riot  by  praying  for
numerous rehabilitative, protective and preventive measures  to  be  adhered
to by both the State and the Central Government.=
There are various contra-allegations about the actual  occurrence  and
reasons attributed to the  cause  by  different  community  people.  =

  Considering the facts and circumstances of these cases, 
we are of  the
view that the victims in the given case should be  paid  a  compensation  of
Rs.  5  lakhs  each  for  rehabilitation  by  the  State  Government.    
We,
accordingly, direct the State Government to make payment of Rs. 5 lakhs,  in
addition to various other benefits, within 4 weeks from today.  
Further,  we
also wish to clarify that,  according  to  Section  357B,  the  compensation
payable by the State Government under Section 357A shall be in  addition  to
the payment of fine to the victim under Section 326A or Section 376D of  the
IPC.

Directions relating to rape cases:

90)   We have already noted various steps taken by the State in  respect  of
rape  cases.   
In  addition   to   the   same,   in   the   light   of   the
apprehensions/grievance expressed by the learned counsel for the  petitioner
in W.P. (Crl.) No. 11 of 2014, we issue the following directions:

  1)  The SIC is directed to arrest and produce before the  Court  all  the
  persons concerned in respect of petitioners in W.P. (Crl.) No. 11 of 2014
  as well as other affected victims within a time-bound manner.   They  are
  also directed to record the statement of the victims under Section 164 of
  the Code before a lady Magistrate even if they had made a  statement,  if
  they desire to make additional statement, the same  may  be  recorded  as
  requested.

  2)  The security cover provided to rape victims as furnished before  this
  Court shall  continue  till  they  desire  or  completion  of  the  trial
  whichever is later.

  3)  The victims of rape who are parties in W.P. (Crl.) No. 11 of 2014  as
  well as other rape victims are to be paid compensation  of  Rs.  5  lakhs
  each, in addition to various other  benefits,  by  the  State  Government
  within a period of 4 weeks from today.

  4)  The State is also directed to provide other financial  assistance  as
  well as any other scheme applicable to them for their betterment  and  to
  continue their normal avocation.

Directions regarding other offences including murder:

  1)   Sincere  efforts  shall  be  made  to  apprehend  all  the   accused
  irrespective  of  political  affiliation  and  produce  them  before  the
  appropriate court.

  2)  The particulars furnished by the State in respect of criminal  action
  taken against political persons shall be continued by placing  acceptable
  materials before the court concerned.

  3)  The reason given by the State Police that whenever efforts were  made
  to arrest the persons involved, women folk of their village form a  human
  chain and block the police in execution of their work is unacceptable and
  untenable.  If there is reliable material against a  person  irrespective
  of the community or religion, the police have to take sincere efforts  in
  arresting those persons and produce  them  before  the  court  concerned.
  There shall not be any let up and upon failure on the part of the police,
  action will be taken against the  officers  concerned.   The  victims  or
  aggrieved  persons  are  free  to  move  such  application   before   the
  jurisdictional court.

  4)  In respect of recovery of AK-47, 9 mm cartridges in village  Kirthal,
  the police have to identify the persons  concerned  and  proceed  against
  them under the provisions of IPC and Arms Act.

  5)  In respect of Case Crime No. 148/2013, P.S. Fugana,  Case  Crime  No.
  403/2013,  404/2013  P.S.  Jansath,  more  efforts  must  be  taken   for
  apprehending all the genuine accused and to produce them before the court
  for further action.

  6)  The investigating authorities should eschew communal bias and proceed
  against all the offenders irrespective  of  their  caste,  community  and
  religion.

  7)  In the case of murders, the  police  must  take  sincere  efforts  to
  identify  and  arrest  the  real  culprits  within  a  time-bound  manner
  preferably within a period of two months and report the same  before  the
  jurisdictional court concerned.

  8)  In heinous crimes, including murder cases, if any of the real accused
  was  granted  bail,  as  assured  before   this   Court,   the   District
  Administration has to take effective steps for cancellation of their bail
  in appropriate cases.

  9)  As assured before this Court, the persons  concerned  in  the  higher
  level to follow the letters issued to various  government  counsel/police
  officers/I.O. for apprehending the  real  accused  and  re-arresting  the
  released persons by getting appropriate orders from the court concerned.

  10)      The authorities concerned  should  continue  to  take  effective
  steps to locate the missing persons.

Financial Assistance/Rehabilitation measures:

  1)  Children who died in the violence as well as in the camps due to cold
  weather conditions shall be compensated  to  their  parents  as  that  of
  others.

  2)  The State is directed  to  identify  the  left  out  injured  persons
  (simple/grievous), next kin of the deceased  who  died  in  the  communal
  violence and settle the compensation agreed to  before  this  Court  (Rs.
  10,00,000 +                     Rs. 3,00,000 + Rs. 2,00,000 =  Total  Rs.
  15,00,000).  It is also directed to settle compensation for  the  damages
  caused to movable/immovable properties of the person concerned due to the
  violence if they have not already received the same.  Any of the  victims
  referred above such as  rape  victims  and  the  family  members  of  the
  deceased who died in the violence, if they have not received  any  amount
  so  far,  they  are  permitted  to  make  proper   application   to   the
  local/district authority concerned within a  period  of  one  month  from
  today.  If any such application is made, the  authorities  concerned  are
  directed to verify and after satisfaction  settle  the  eligible  amounts
  within a period of one month thereafter. The District  Administration  is
  also directed to implement Rani Lakshmibai  Pension  Yojana  to  eligible
  persons and consider the case of persons who were left out  or  who  have
  not made any such application till this date.  Any  of  the  victims,  if
  need arise, may also approach the District Legal Services  Authority  and
  the DLSAs are directed to provide necessary help to the  victims  in  the
  light of various directions referred above.

  3)  For any reason, after receipt of Rs. 5 lakhs those who want to settle
  to other places than the place of occurrence after change of mind and  in
  order to join their relatives and friends in the village/place where they
  lived at the time of violence, are permitted to resettle, in that  event,
  the State is directed not to recover the amount already  paid.   However,
  the State is free to ascertain the genuineness of those persons concerned
  in  their  effort  to  resettle  in  the  same   place.    The   District
  Administration has to make all endeavours for their  peaceful  return  to
  the same place in order to continue the same avocation along  with  their
  relatives and friends.

  4)  The officers who have grievance about their  transfer  on  vindictive
  ground from the district concerned to far away places are free to make  a
  representation to the competent authority within a period  of  one  month
  from today.  If any such representation  is  made  and  if  the  same  is
  acceptable, the competent authority is directed to take a fresh decision.



  5)  Adequate compensation should be paid to the farmers  who  lost  their
  source of livelihood, namely, tractors, cattles, sugarcane crops etc.  In
  this category, the farmers who were yet to get compensation for the  same
  are permitted to make  a  representation  within  one  month  from  today
  supported by materials to the local/district administration.  If any such
  representation is made, the same shall be  considered  and  disposed  off
  within a period of one month thereafter.

91)   Finally, we reiterate that it  is  the  responsibility  of  the  State
Administration in association with the intelligence agencies of  both  State
and Centre to prevent such recurrence of communal violence in  any  part  of
the State.  It is made clear that the officers responsible  for  maintaining
law and order, if found negligent, should be brought under the ambit of  law
irrespective  of  their  status.   It  is  important  that  the  relief,  as
enumerated above, not only be provided to all  needy  families  irrespective
of their religion but it should also be provided to only genuinely  affected
families.

92)   With the above directions, we dispose of  all  the  matters  including
the intervention applications.  However, the affected persons, if they  come
across any impediment in implementing the above  directions,  are  permitted
to highlight their grievance by filing application before this Court in  the
above matters after a period of two months from today.   It  is  made  clear
that  only  after  exhaustion  of  efforts  with  the  District  authorities
concerned, they  are  permitted  to  file  such  application  in  the  above
disposed off matters.  In those cases which have  not  been  transferred  to
this Court and are still pending before the High  Court  of  Allahabad,  the
parties are free to move  the  High  Court  for  disposal  of  the  same  in
accordance with the above directions.


       2014 (March. Part ) judis.nic.in/supremecourt/filename=41339 
P SATHASIVAM, RANJANA PRAKASH DESAI, RANJAN GOGOI


                                                         REPORTABLE
                        IN THE SUPREME COURT OF INDIA

                        CRIMINAL ORIGINAL JURISDICTION


                 1 WRIT PETITION (CRIMINAL) NO. 155 OF 2013


Mohd. Haroon & Ors.                                  .... Petitioner (s)

            Versus

Union of India & Anr.                     .... Respondent(s)

                                      2


                                 3     WITH


                  Writ Petition (Crl.) Nos. 158, 165, 170,
                       171, 179, 181 196, 206 of 2013,
                     Writ Petition (Crl.) No. 11 of 2014
             Contempt Petition (Crl.) No.………….of 2014 (D1372) In
                    Writ Petition (Crl.) No. 155 of 2013
           Transferred Case (Civil) Nos. 123, 124 and 125 of 2013,
 Transfer Petition (Civil) Nos. 1750, 1825, 1826, 1827, 1828, 1829, 1830 of
                                    2013
                                     AND
              Special Leave Petition (Civil) No. 35402 of 2013

                                      4

                               J U D G M E N T

P.Sathasivam, CJI.


1)    These writ petitions and other connected matters relate to  the  riots
that broke out on the fateful day of 07.09.2013. The riots  erupted  in  and
around District  Muzaffarnagar,  Uttar  Pradesh  as  a  result  of  communal
tension prevailing in the city, which wrecked lives of  a  large  number  of
people who fled from their homes out of anxiety and fear.


2)    It is asserted in these petitions that the communal  riot  erupted  in
Muzaffarnagar, Shamli and its adjoining rural areas  after  a  Mahapanchayat
which was organized by the Jat community at Nagla Mandaur, 20 kms away  from
Muzaffarnagar city on 07.09.2013.  In the said Mahapanchayat, over 1.5  lakh
persons from Uttar Pradesh, Haryana and Delhi  participated  to  oppose  the
incident which was occurred on 27.08.2013 in  Kawal  village  under  Jansath
Tehsil of Muzaffarnagar because of which  violence  broke  out  between  two
communities and three youths were killed from both sides in the  wake  of  a
trivial incident which had occurred  earlier  and  the  whole  incident  was
given a communal colour to incite passion.


3)     It  is  the  claim  of  the  petitioners  herein   that   the   local
administration instead of enforcing the law  allowed  the  congregation  not
only  to  take  place,  negligently  and  perhaps  with  certain  amount  of
complicity, but also failed to monitor its proceedings. It  is  asserted  in
the petitions  that  since  27.08.2013  more  than  200  Muslims  have  been
brutally killed and around 500  are  still  missing  in  the  spurt  of  the
incident in 50 villages of the  Jat  community  dominated  areas  where  the
Muslim community is in minority. It is the stand of the petitioners that  in
the remote villages more than 40,000 persons have migrated under threat  and
have been forcibly asked to move out of the village otherwise they would  be
killed. It is further alleged that many thousand persons including  infants,
children, women  and  elderly  are  without  food  and  shelter  in  various
villages, and no facilities are being made available by the  administration.
Besides this, huge illegal and unauthorized arms and ammunitions  have  been
recovered in and around Muzaffarnagar.  It is  also  pointed  out  that  the
displaced persons of all communities are compelled to live in shelter  camps
where adequate arrangements are becoming the problem of survival.


4)     Consequently,  several  writ  petitions,  under  Article  32  of  the
Constitution,  were  filed  by   various   individuals/Supreme   Court   Bar
Association/NGOs seeking for an inclusive protection for each  victim  whose
fundamental rights have been infringed in  the  said  riot  by  praying  for
numerous rehabilitative, protective and preventive measures  to  be  adhered
to by both the State and the Central Government.


5)    There are various contra-allegations about the actual  occurrence  and
reasons attributed to the  cause  by  different  community  people.   It  is
relevant to point out that an association  representing  Jat  community  has
also approached this Court highlighting their stand.  It is stated  that  on
the pressure of the other group, innocent persons are being  picked  up  and
are being incorporated in the FIR without conducting any  inquiry  and  they
are being arrested for none of their faults.  Thus, it is the stand  of  the
petitioners in this petition that the  State  has  failed  in  its  duty  to
ensure the security in the area.


6)    It is also pointed out that the State Government transferred  the  Jat
community officers alone from the districts of Muzaffarnagar and  Shamli  to
other parts of the State.  It is their claim that in  order  to  remove  the
apprehension from the minds of the Jat community  people,  it  is  desirable
either to entrust  the  investigation  to  the  CBI  or  to  constitute  SIT
comprising persons from outside the  State  of  Uttar  Pradesh.   They  also
predominantly  prayed  for  registration  of  FIRs  against   all   culprits
including powerful persons.


7)    Similar petitions were also filed in the High Court of Allahabad.   In
view of the similarity of the issues  involved  in  these  petitions,  viz.,
reasons for such violence, rehabilitation  measures,  compensation  for  the
loss of lives and properties, action  against  offenders/culprits,  all  the
matters pertaining to  the  said  incidents  filed  in  the  High  Court  of
Allahabad were directed to be transferred  to  this  Court  by  order  dated
19.09.2013.


Writ Petition pertaining to Rape Cases


8)    Serious allegations have been made against the State  Police  for  not
providing adequate security to women which resulted in several  rapes  being
committed during the said communal violence. The  petition  also  highlights
the inaction on the part of State Police against the real culprits  and  the
indifferent attitude towards the victim’s rehabilitation and security.


9)    Rape victims (Seven) filed Writ Petition (Criminal)  No.  11  of  2014
for  protection  of  their  right  to  life  under  Article  21.   All   the
petitioners belong to the minority community who were  brutally  gang  raped
and sexually assaulted by men belonging to the other communities during  the
communal violence in  Muzzafarnagar  and  adjacent  districts.   It  is  the
assertion of  the  petitioners  in  this  petition  that  their  homes  were
destroyed and they were rendered homeless with no  roof  over  their  heads,
they lost their earnings and it has become difficult for them to  take  care
of their children and themselves.


10)   It is further pleaded that due to the stigma attached to  the  victims
of sexual violence, the agony of  gang  rape  and  looming  fear  of  future
assault, the petitioners were unable to promptly report the  crime  of  gang
rape committed against them.  It is the stand of the petitioners  that  they
had been displaced from their villages, namely, village Fugana  and  village
Lakh, hence, they could not go to the police station to lodge the  complaint
of gang rape.  It was further submitted that  in  these  circumstances,  the
delay on the part of the petitioners in lodging FIR is reasonable  and  does
not, in any way, impact on the veracity of their complaints of gang rape.


11)   It is further stated by the petitioners  that  after  registration  of
FIR under Section 154 of the Code of Criminal  Procedure,  1973,  (in  short
‘the  Code’)  and  recording  of  statements  under  Section  161,  the  law
prescribes that under Section 164(5A) of the Code, for all  sexual  offences
including crime of rape, the police shall have the statement  of  the  woman
against whom the offence has  been  committed  recorded  before  a  Judicial
Magistrate as soon as the commission of offence is brought to the notice  of
the police.  It is stated that even though Petitioner Nos. 1, 3, 4, 5 and  6
had lodged the FIRs in September, 2013 and Petitioner No. 2 had  lodged  the
FIR in early October, 2013, the  police  deliberately  and  with  mala  fide
intention  dragged  the  investigation.   Their  statements  under   Section
164(5A) of the Code were recorded as late as in  December,  2013  after  the
delay of almost three months.


12)   It is also highlighted that Section 164A  of  the  Code  provides  for
medical examination of the rape victim and casts a statutory duty  upon  the
police to send the woman making  the  complaint  of  rape  to  a  registered
medical practitioner within twenty four hours from  the  time  of  receiving
information regarding the commission of such an offence.   In  the  case  of
the petitioners, in  direct  contravention  of  this  legal  provision,  the
police knowingly delayed their medical  examination.   The  petitioners  are
all married women having children, hence, their medical  examination  almost
20-40 days after the incidents of gang  rape  is  unlikely  to  provide  any
perpetrated evidence.  It is further pointed out that the  petitioners  were
gang raped on 08.09.2013  whereas  the  medical  examination  was  conducted
between 29.09.2013-18.10.2013.


13)   In the case of Petitioner No.7,  in  spite  of  specific  information,
there is no reason as to why FIR was not registered.   It  was  only  during
the  hearing  before  this  Court,  on  13.02.2014,  when  the  counsel  for
Petitioner No.7 handed over the copy of the complaint  to  the  counsel  for
the State, an FIR was registered on 18.02.2014


14)   Further, it is the grievance of the petitioners that FIRs of  all  the
petitioners were registered under Section 376D of  the  Indian  Penal  Code,
1860 (in short ‘the IPC’)  a  specific  provision  relating  to  gang  rape.
Though Section 376(2)(g) of the IPC is squarely applicable to the crimes  of
gang rape that have  been  committed  against  the  petitioners  during  the
communal violence in September, 2013, the police  has  specifically  omitted
to include Section 376(2)(g) of the IPC in order to dilute the case  of  the
petitioners and to  exclude  the  legal  presumption  that  the  law  raises
through Section 114A of the Indian Evidence  Act,  1872  in  favour  of  the
petitioners.   Therefore,  the  petitioners  submitted   that   biased   and
motivated investigation by the police is clear and manifest  and  done  with
the sole purpose of shielding the accused.


15)   It is further submitted that though Petitioner Nos.  1-6  named  total
22 men as accused in six FIRs, only in February 2014, one  accused,  namely,
Vedpal, who was named in FIR No. 120  of  2013  was  arrested.   Even  after
lapse of four and a half months, 21 named as accused by the  petitioners  of
the heinous crime of gang rape during communal violence roam free.   Neither
those persons were arrested nor any proceedings have  been  initiated  under
Section 83 of the Code.  The petitioners claimed in the  petition  that  the
accused are roaming free and enjoying the  support  of  dominant  community,
Khap Panchayat, political parties and besides because  of  their  closeness,
they are also intimidating the victims.   Thus,  it  is  the  stand  of  the
petitioners that unless the  police  give  protection  to  the  victims  and
witnesses, it would be impossible for them to  depose  against  the  persons
involved in the gang rape.


16)   The  petitioners  have  also  disputed  the  claim  of  the  State  in
disbursing  compensation.   It  was  asserted  that  they  were   not   paid
compensation much less the adequate  compensation.  Further,  a  prayer  was
made for transfer of cases of gang rape outside the State  of  U.P.  in  the
larger interest of the society and in order to  ensure  fair  investigation,
prosecution and trial of the cases relating  to  Petitioner  Nos.  1  to  7.
Finally, they asserted in the petition that  if  the  investigation  is  not
transferred to SIT comprising the officers  of  integrity  from  the  States
other than U.P., there cannot be justice for  sexual  violence  suffered  by
them due to inaction on the part of the State of U.P.


Details Regarding Petitions:


17)     On   the   whole,   the   following   writ    petitions/intervention
applications/special leave petition pertaining to the  aforesaid  incidents,
have been filed in this Court:

(a)   Writ Petition (Crl.) Nos. 155, 158, 165, 170, 171, 179, 181  196,  206
of 2013 and Writ Petition (Crl.) No. 11 of 2014

(b)   Crl. M.P. Nos. 19442, 20245, 20247, 26156, 24202, 26705,  of  2013  in
Writ Petition (Crl.) No. 155 of 2013 and Crl. M.P. Nos.  1516-1518  of  2014
in Writ Petition (Crl.) No. 155 of 2013, Crl. M.P.  No.  19878  of  2013  in
Writ Petition (Crl.) No. 165 of 2013, Crl. M.P. Nos.19971, 20460 of 2013  in
Writ Petition (Crl.) No. 158 of 2013, Crl. M.P. Nos.  1523  of  2014,  2965-
2966 of 2014 in Writ Petition (Crl.) No. 170 of 2013, Crl.  M.P.  No.  23077
of 2013 in Writ Petition (Crl.) No. 171 of 2013, Crl.  M.P.  Nos.  24192  of
2013 in Writ Petition (Crl.) No.179 of 2013, Crl. M.P. No. 1124 of  2014  in
Writ Petition (Crl.) No. 179 of 2013, Crl. M.P. No. 1895  of  2014  in  Writ
Petition (Crl.) No. 11  of  2014  and  Crl.  M.P.  No..…….of  2014  in  Writ
Petition (Crl.) No. 155 of 2013

(c)   Contempt Petition (Crl.)  No………..of  2014  (D1372)  in  Writ  Petition
(Crl.) No. 155 of 2013

(d)   Special Leave Petition (Civil) No. 35402 of 2013

18)   Apart from the above matters, we were also called upon  to  deal  with
the following cases from the High Court of Allahabad:

(a)   Transferred Case (Civil) Nos. 123, 124 and 125 of 2013

(b)   Transfer Petition (Civil) Nos. 1750, 1825,  1826,  1827,  1828,  1829,
1830 of 2013

Reliefs and Directions:

19)   The reliefs and directions sought for in  these  matters  are  broadly
classified as follows:

(a)   Firstly, to direct the Union of India/Ministry  of  Home  Affairs  and
State Government to provide adequate security forces to take  all  necessary
measures to stop the genocide and to prevent further communal violence.

(b)   Secondly, to order a CBI Inquiry into the whole incident.

(c)   Thirdly, to constitute Special  Investigation  Team  (SIT)  headed  by
impartial experts of criminal  investigation  from  the  States  other  than
Uttar  Pradesh  to  investigate  the  incidents  having  taken  place   from
27.08.2013 to 08.09.2013 in Muzaffarnagar and adjoining districts.

(d)   Fourthly, to ensure proper and adequate rehabilitation of the  victims
whose houses  have  been  burnt,  properties  got  damaged  and  to  provide
immediate temporary shelters/transit camps, food and clothing.

(e)    Fifthly,  to  issue  direction  to  lodge  FIR  against  all  persons
including the government  officials  who  are  responsible  for  failure  to
maintain the law and order within time.

(f)   Sixthly, to direct to pay ex-gratia relief of Rs. 25,00,000/- each  to
the kin of the deceased and Rs. 5,00,000/- each  to  the  injured  from  the
Prime Minister’s Relief Fund as well as from the  corpus  of  the  State  of
Uttar Pradesh.

(g)   Seventhly, to  direct  the  State  Government  to  take  stern  action
against the persons responsible for rape  and  other  heinous  offences  and
also to provide rehabilitation of the victims and

(h)   Lastly, to appoint  an  independent  Commission  apart  from  the  one
constituted  by  the  State  Government  for  impartial  inquiry  into   the
incidents and submit a report for prevention of  such  incidents  in  future
and rehabilitation measures for victims.


20)   The prayers sought for by the petitioners in the  aforesaid  petitions
are all in one way or other seeking for enforcement  of  fundamental  rights
guaranteed under the Constitution and it is  the  Constitutional  obligation
of this Court to intervene and admonish such violation of human  rights  and
issue appropriate orders for  rehabilitation  while  simultaneously  issuing
directions to ensure that no recurrence of this nature is witnessed by  this
country in times to come.


Interim monitoring orders issued by this Court:


21)   On 12.09.2013,  this  Court,  on  going  through  various  allegations
levelled in the petitions, took on board the Writ Petition  (Crl.)  No.  155
of 2013 and the connected matters for examining  the  issues.  Even  at  the
preliminary hearing, Mr. Ravi P. Mehrotra, then standing  counsel,  accepted
notice on behalf of the State of U.P. and its officers.  After  hearing  the
arguments of Mr. Gopal Subramanium and Mr. M.N. Krishnamani, learned  senior
counsel for the petitioners as well  as  Dr.  Rajeev  Dhawan,  then  learned
senior counsel for the State  of  U.P.,  this  Court  issued  the  following
directions:

      “On going through various allegations levelled in the writ  petitions,
      we are inclined to examine the matter.   At  present,  we  direct  the
      State of U.P. in association  with  the  Central  Government  to  take
      immediate steps and take charge  of  all  persons,  who  are  stranded
      without food and water and set up relief camps providing all  required
      assistance.  It is also directed to ensure that all stranded are taken
      to places of safety and are given minimum amenities of food and  water
      and to make adequate arrangements for their stay, till  rehabilitation
      and restoration takes place in their respective places.  It is further
      directed to provide necessary medical treatment  to  all  wounded  and
      needy persons and also while lifting  them  to  hospitals,  either  at
      Meerut or Roorkee,  if  required  hospitals  at  Delhi  or  any  other
      suitable places.

            The State of  U.P.,  as  well  as  the  Central  Government,  is
      directed to file the compliance reports by their  senior  officers  on
      the next date of hearing.

            Learned counsel for the parties are permitted to file additional
      documents.

            List on Monday (16.09.2013) at 2.00 p.m.”
22)   Again, when this batch  of  cases  was  listed  on  19.09.2013,  after
hearing counsel for the petitioners as well as  the  respondent-State,  this
Court, in the interest of justice and in view of the fact  that  this  Court
is monitoring the entire incident, directed that all cases  pending  on  the
file of the High Court  at  Allahabad  be  transferred  to  this  Court  and
further made it clear that if there  is  any  grievance  pertaining  to  the
aforesaid incident, they are free  to  approach  this  Court  for  necessary
relief/directions. Further, this Court issued the following directions:
      “…Though, Mr. Gopal Subramanium, learned senior counsel  appearing  on
      behalf of the petitioners in W.P.(Crl.) No. 155 of 2013  after  taking
      us through the compliance report/affidavits filed by Respondent Nos. 1
      and 2 submitted that the steps  taken  by  the  said  respondents  are
      inadequate, however, it cannot be claimed that  they  have  not  taken
      effective steps.  However, on going through the details  mentioned  in
      the  respective  affidavits  as  well  as  the  reply  filed  by   the
      petitioners, we direct both the respondents viz., Union of  India  and
      State  of  U.P.  to  provide  the  required  assistance/facilities  as
      directed in our order dated 12.09.2013.

            During the course of hearing,  learned  Attorney  General  apart
      from reiterating the stand taken in their affidavit assured this Court
      that the Government  of  India  is  fully  committed  to  provide  all
      required financial assistance as well as  security  measures  for  the
      immediate and permanent relief to the stranded and affected persons.

            Dr. Rajeev Dhawan, learned  senior  counsel  appearing  for  the
      State of U.P., after taking us through the various steps taken by them
      also assured this Court that apart from the steps taken by the  State,
      they are taking further steps for providing food, water,  shelter  and
      medicines to all those affected persons.  He also assured us that  the
      State Government is taking effective steps for  peaceful  resettlement
      of  those  stranded  persons.   The  above  statement  of   both   the
      respondents are hereby recorded.

            In order to ascertain the  further  development  and  the  steps
      taken by both  the  respondents,  we  adjourn  the  matter  till  next
      Thursday, i.e., 26th September, 2013.   Respondent  Nos.  1  &  2  are
      directed to file further report on that day.

            The petitioners as well as others who are aware of more  details
      about the sufferings of the people concerned  are  permitted  to  hand
      over all the details to the standing counsel for the State of U.P.”

23)   On 20.09.2013, at the request of learned senior counsel for the  State
of U.P., this Court, in continuation of order  dated  19.09.2013  passed  in
the W.P. (Crl.) No. 155 of 2013 etc., directed to transfer W.P.No.  8289(MB)
of 2013 (PIL) and W.P.No. 8643(MB) of 2013 (PIL)  pending  on  the  file  of
Lucknow Bench to this Court.  When these matters came on  26.09.2013,  after
hearing all the parties, this Court issued notice on the  transferred  cases
as well  as  the  criminal  miscellaneous  petitions  for  intervention  and
direction (Crl.M.P. Nos. 20245 of 2013, 20247 of 2013  and  20460  of  2013)
and in Writ Petition (Crl.) Nos. 165 of 2013 and 171  of  2013.  This  Court
further directed the respondents to file  separate  response  on  the  steps
taken for the welfare of the victims and for  their  safe  return  to  their
homes and also directed to furnish  the  details  regarding  criminal  cases
registered against the persons involved in the incident.

24)   On 17.10.2013, after hearing all  the  parties  including  the  State,
this Court passed the following directions:

            “Pursuant to our earlier direction, the State of U.P. has  filed
      fourth,  fifth  and  sixth  reports  in  the  form  of  an   affidavit
      highlighting the steps taken by it.  In  addition  to  the  same,  the
      State has also filed a chart containing the existing camps and persons
      residing there.

            On behalf of the Union of India, learned  Attorney  General  has
      submitted a report containing various communications from the  Central
      and the State Government in the form of an affidavit  in  Court.   The
      same is taken on record.

            W.P.(Crl.) No. 181 of 2013 is taken on Board.

            Exemption from filing O.T. in W.P.(Crl.)  No.  170  of  2013  is
      allowed.

            Issue notice in the W.P.(Crl.)No. 181 of 2013 filed by ANHAD and
      W.P.(Crl.)No. 170 of 2013 filed by Citizens for Justice  and  Peace  &
      Ors.

            After hearing all the counsel  at  the  request  of  Mr.  Rajeev
      Dhawan, learned senior counsel, appearing for the State  of  U.P.,  we
      intend to give sufficient time to respond the  fresh  writ  petitions,
      the writ petitions as well as various applications in  which  we  have
      issued notice on the last hearing date.  We direct the State to file a
      detailed response in regard to all the matters  mentioning  the  steps
      taken up to 17th November, 2013 and the future  course  of  action  to
      maintain peace and communal harmony positively by 18th November, 2013.



            Counsel for the petitioners are directed to serve notice on  all
      the unserved respondents in the meanwhile.

            List all these matters for hearing on  21st  November,  2013  at
      2.00 p.m.”

25)   On 21.10.2013, while granting stay  of  further  proceedings  in  C.M.
Writ Petition No. 53891 of 2013 entitled Pankaj Kumar and Ors. vs. State  of
U.P. and Ors. pending in the High Court of  Judicature  at  Allahabad,  this
Court issued the following directions:

      “It is made clear that any grievance pertaining to the  incident  that
      took place on 27th August, 2013 at  Muzaffarnagar  and  nearby  places
      aggrieved persons are to approach only to  this  Court  for  necessary
      relief/directions.”

26)   On 21.11.2013, again,  after  hearing  all  the  parties,  this  Court
passed the following order:

            “The State of U.P. has so far filed nine Reports with  reference
      to the incident highlighting the steps taken and the follow up action.

            During the course of the hearing, it was brought to  our  notice
      the proceeding No.  118/six-P.C.V.C.  –  13-15(20)  2013,  dated  26th
      October,  2013  which  was  issued  by  Mr.  D.S.  Sharma,  Secretary,
      Government  of  Uttar  Pradesh,  to   the   Commissioner,   Saharanpur
      Commissionery, Saharanpur.

            Learned counsel appearing for the petitioners point out that the
      direction issued for rehabilitation of a particular community  (Muslim
      families) alone are unacceptable.

            When this was pointed out to Dr. Rajeev Dhawan,  learned  senior
      counsel appearing for  the  State  of  U.P.,  he  readily  agreed  for
      recalling the said communication and also made a  statement  that  the
      concerned authority will reissue proper proceedings taking care of all
      the affected persons involved in the incident.

            It is also brought to our notice that even on the date of filing
      of Eighth Report on  18th  November,  2013,  5024  persons  are  still
      residing in the camps arranged by the State.  Though,  learned  senior
      counsel for the State has pointed out that as on date  the  number  of
      persons in the camps are likely to be lesser, taking note of the  fact
      that sizeable number of persons are still in the camps and considering
      the climatic conditions during winter  months,  we  direct  the  State
      Government  to  provide  necessary  assistance/materials  to  all  the
      affected persons residing in these camps.

            The State of U.P. is directed  to  file  its  response  in  Writ
      Petition (Crl.) No. 179 of 2013,  in  Writ  Petition  (Crl.)No.171  of
      2013, in Writ  Petition  (Crl.)No.  181  of  2013,  in  Writ  Petition
      (Crl.)No.196  of  2013,  in  Writ  Petition  (Crl.)No.  206  of  2013,
      S.L.P.(c) No. 35402 of 2013 as well as Crl.M.P.  No…..filed  in   Writ
      Petition (Crl.)Nos. 171 of 2013 and 179 of  2013,  positively  on  the
      next date of hearing.

            With regard to the compensation for tractors,  sugarcane  crops,
      tube-wells and other agricultural products, learned senior counsel for
      the    State,    has     readily     agreed     that     if     proper
      application/representation is made to the District Magistrate  of  the
      concerned district, the same shall be considered.

            The affidavit filed by the Union of India dated  21st  November,
      2013, is taken on record.

            List these matters on 12th December, 2013, at 2.00 p.m.   In the
      meantime, the petitioners are directed  to  take  effective  steps  to
      serve the unserved respondents in all the matters.”

27)   On 12.12.2013, again, after hearing  all  the  parties  including  the
counsel for the State, this Court made the following directions:

            “On behalf of the State of U.P., a consolidated  compilation  of
      documents and the Status Report  have  been  filed  in  Writ  Petition
      (Crl.) No. 155 of 2013 and connected matters.  The same  is  taken  on
      record.

            In the Writ Petition (Crl.)No. 155 of 2013, the petitioners have
      filed Crl. Misc. Petition  No.  26156  of  2013  praying  for  certain
      directions.  In the said application based on  the  news  report,  the
      petitioners have asked not only direction to the respondents/State  of
      U.P.  but  also  for  implementation  of  our  earlier  orders.    The
      information which is mentioned in para 8 is as follows:

      Para 8

      “That recently various electronic news agencies like India TV and  IBN
      Channel has reported  between  02.12.2013  to  07.12.2013  in  special
      coverage giving the images of the peoples struggling for  their  lives
      in cold in open sky in which more sufferer are the small children  who
      were succumbed to death as they could not bear the cold temperature of
      the season.  It has been reported that more than 50 children  died  on
      account of cold as their parents who are riot  victims  is  having  no
      means to protect their children.   It  is  very  unfortunate  for  the
      country like India that the whole country is unable to save  even  the
      small children who were dying on account of their no fault.  The death
      of  various  children  which  had  also  been  reported   in   various
      newspapers.”

            In W.P.(Crl.) No. 181 of 2013, the petitioners based on  another
      newspaper’s report as well as investigation  by  themselves  furnished
      various details about deaths in camps.

            In both these petitions, it is the grievance of the  petitioners
      that in spite of our earlier directions, the State Government has  not
      fully implemented all  directions  in  providing  necessary  help  and
      assistance to the inmates of the camps particularly to  the  children,
      aged persons and all affected persons.  In view of the same, we direct
      the State Government to ascertain the correct  position  and  filed  a
      detailed report on the next date of hearing.

            In the meanwhile, the State Government is directed to look  into
      the serious averments in para 8 in Crl.M.P. No. 26156 of  2013  (which
      we have extracted above) and take necessary steps and provide required
      remedial assistance at once.  Dr. Rajiv Dhawan, learned senior counsel
      appearing for the State of U.P.  assures  this  Court  that  necessary
      steps will be provided by tomorrow, i.e., 13th December, 2013 onwards.
       The above statement is hereby recorded.

            Taking note of the cold conditions in the forthcoming months, we
      hereby  further  direct  the  State  Administration  particularly  the
      district concerned to provide necessary  materials  including  medical
      facilities for the inmates particularly children in the camps as  well
      as all those affected due to riots.

            During the course of hearing, counsel  appearing  on  behalf  of
      various petitioners/organizations raised certain complaints/grievances
      about the steps  so  far  taken  by  the  State  Administration.   The
      respective counsel are permitted to hand over  those  details  to  the
      standing counsel for  the  State  of  U.P.  by  tomorrow,  i.e.,  13th
      December, 2013.  The State of directed to take  remedial steps at once
      and file their response on the next date of hearing.

            Post all the matters for final disposal on 21st January, 2014 at
      10.30 a.m. as item one.

            In  the  meantime,  parties  are  permitted  to  complete  their
      pleadings.”

28)   Finally, on 20.02.2014, after hearing elaborate arguments of Mr.  Uday
U. Lalit, learned senior counsel for  the  State  and  Ms.  Kamini  Jaiswal,
learned counsel for the rape victims, this Court reserved  the  judgment  in
these matters.

Compliance Reports:

29)    The  given  petitions  were  heard  over  5  months  commencing  from
12.09.2013 and ending on 20.02.2014. In  this  interim  period,  this  Court
issued numerous directions for monitoring the  situation  at  the  place  of
incidence. It is pointed  out  by  learned  counsel  appearing  for  various
parties that  because  of  various  directions  of  this  Court,  the  State
Government initiated active investigation,  relief  measures,  both  in  the
camps as well as in shelter homes and provided  more  provisions  for  food,
clothes and medicines etc., which is highlighted in  the  eleven  Compliance
Reports filed before this Court over the period of time.

30)   From the reports filed by the State  Government,  we  culled  out  the
following information, which will throw  light  on  the  rehabilitative  and
preventive measures adopted by the Central and the State Government.

1.  Arrangements for Relief camps

      A total number of 58 camps were made functional,  of  which,  41  such
camps were established in District Muzaffarnagar and 17  camps  in  District
Shamli.

      In District Muzaffarnagar, the camps  were  established  in  different
villages of two Tehsils, viz.,  Tehsil  Sadar  and  Tehsil  Budhana.   After
survey of these camps by the District  Administration,  it  was  found  that
most of the  displaced  families  were  living  in  Madarsas,  private  ghar
(houses) and other buildings.  Remaining people had  taken  refuge  at  open
places by erecting tents.

      After the survey, 30 relief camps were identified  in  Tehsil  Budhana
area and 11 relief camps in Tehsil Sadar area and a District  Level  Officer
was deputed as a Nodal Officer for each camp.   In  addition  to  this,  one
police officer was also designated for each camp.  Detailed  guidelines  and
instructions were issued to the concerned officers  for  ensuring  efficient
and effective running of these camps.

      A  Purchase  and  Supply  Committee,  comprising  of  District  Supply
Officer, Deputy Regional  Marketing  Officer,  Sachiv  Mandi  Samiti,  ARTO,
Joint Commissioner (Commercial Tax), General Manager of District  Industries
Centre and General Manager of Parag Dairy was formed to purchase and  supply
foodgrains and other articles of daily use to the families living in  camps.
  After  getting  daily  assessment  of  their  requirements  through  Nodal
Officers, foodgrains and other goods  were  supplied  by  trucks  and  other
small vehicles to the camps.

      The families going  back  from  certain  camps  during  the  month  of
December 2013 were provided ration material for a period of 15  days  so  as
to  facilitate  their  resettlement  and  rehabilitation.   An   amount   of
Rs.152.95 lacs was spent on the foodgrains and other  essential  commodities
provided in the camps and afterwards  in  the  District  Muzaffarnagar.   In
addition to this, Rs. 61.44 lacs were spent on  arrangements  for  auxiliary
items.  In this manner, a total amount of Rs.214.39 lacs has been  spent  on
the items supplied and the arrangements made in the District Muzaffarnagar.

      Similar arrangements  were  made  in  District  Shamli.   In  District
Shamli also two  Tehsils,  viz.,  Tehsil  Shamli  and  Tehsil  Kairana  were
affected.  Six relief camps in Tehsil Shamli and 11 camps in Tehsil  Kairana
had been identified.  Foodgrains and other essential commodities  worth  Rs.
32.39 lacs and milk worth Rs.53.10 lacs have been provided in the camps  and
to  the  families  going  back  from  the   camps   for   resettlement   and
rehabilitation.  In addition to that,  Rs.27.65  lacs  have  been  spent  on
other arrangements.  Thus, a total amount of Rs.113.04 lacs has  been  spent
on the items supplied and the arrangements made for the camps.

      District Baghpat has also reported an expenditure of Rs.1.85 lacs  for
supplying foodgrains and other essential items for the people who  had  gone
to the camps and have now been rehabilitated in their villages.

      All 41 camps in District Muzaffarnagar have been closed  and  2  camps
and 4 satellite camps are in operation in District Shamli.  A  total  number
of 2618 persons are living in these camps.  The  relief  operations  on  the
same scale are being continued in these camps.   The  State  Government  has
given directions to run the  remaining  camps  and  to  take  all  necessary
measures  for  providing  foodgrains,  milk,  other  essential  commodities,
medical facilities and materials required for  shelter  from  cold  etc.  as
long as the people are living in such camps.

2.    Medical facilities to the injured and those living in the camps

      Medical ambulances with all modern facilities were  deployed  for  all
the camps.  Medical and paramedical staff was deployed at all the  camps  to
regularly conduct medical checkup in  the  camps.   According  to  the  data
provided by the Chief Medical  Officer,  Muzaffarnagar,  the  medical  teams
conducted cumulative medical check-up of 21,555 persons in  the  camps.   It
was ensured that if any person in the camp was found seriously  ill  he  was
shifted  immediately  to  the  District  Hospital  using  ambulance  and  if
required he was referred to the Medical Centre at Delhi and Meerut.

      A sum of Rs.6.38 lacs in Muzaffarnagar and  Rs.14.90  lacs  in  Shamli
was spent towards treatment of the persons injured in  the  incidents.   For
better and specialized  treatment,  21  injured  persons  were  referred  to
higher medical facilities  at  Meerut  and  New  Delhi.   Instructions  were
issued by the State  Government  that  the  treatment  of  persons  who  got
injured during incidents of violence is to be done free of cost.   One  such
person who went for his treatment to private facility has been  paid  Rs.2.5
lacs from the Chief Minister’s Discretionary Fund.

      In  District  Shamli  too,  similar  arrangements  were  made  by  the
District Administration.  According to the data provided by the C.M.O.,  the
medical teams conducted cumulative medical check-up  of  23,243  persons  in
the camps.

      Female doctors and ANMs were  deployed  to  the  extent  possible  for
taking care of the women especially  the  pregnant  and  lactating  mothers.
303 pregnant women were identified and 44 of them were shifted to  Community
Health Centres (CHC), Primary Health Centres (PHC) or the District  Hospital
for safe deliveries in the district of Muzaffarnagar.  Additional  nutrition
was provided under the ICDS by the Anganwadi workers to all  those  children
who were below the age of 6 years and living in the camps.

      Chlorine tablets and ORS packets were distributed  on  regular  basis.
More  than  64000  chlorine  tablets  and  nearly  7750  ORS  packets   were
distributed  in  the  two  districts.   In   addition   to   this,   routine
immunization activity was also carried out in the camps.   573  children  in
Muzaffarnagar and 1107  children  in  Shamli  were  vaccinated  during  this
period.

      In compliance with the directions given by this Court, separate  teams
were constituted and deployed for special care of all those  living  in  the
camps especially women and  children.   For  the  camp  at  Loi  Village  in
Muzaffarnagar, one general physician, one pediatrician for the treatment  of
children, one ANM/staff nurse, one para medical staff and ambulance was  put
on duty.  The camp was  closed  on  31.12.2013  by  rehabilitating  all  the
families.  Till then, 3114 cumulative patients were treated in the camps  of
which 509 were children, 65 children were vaccinated, 515  chlorine  tablets
and 154 ORS packets were distributed.  It has been ensured  that  all  those
pregnant women, who were living in the camp  before  its  closure  would  be
taken to PHC Budhana or District Female Hospital for their deliveries.

      Similarly, 3 doctors, 3 pharmacists, 3 ANMs, 2 ward  boys,  2  drivers
with ambulances, 1 LA, 1 OTA and 1 STLS have been deployed for  4  camps  in
operation at Malakpur, Khurgan, Sunaiti and  Bibipur  Hatia.   153  patients
including 59 children have been treated in these camps.

       The  persons,  who  have  been  shifted  to  different  villages  for
rehabilitation, are being tracked and being provided medical  facilities  at
their places of  stay.   In  Muzaffarnagar,  168  pregnant  women  and  4946
children have been examined  and  860  children  were  treated  for  various
ailments.  114 children were  vaccinated.   In  Shamli,  328  children  from
total 1128 patients have been examined during last week in the camps.

3.    Arrangement of Sanitation and Drinking Water

In order to ensure proper sanitation and  cleanliness,  five  sweepers  were
deployed for each camp.  It was ensured that the sweepers remained  deployed
till the camps were in place.  Keeping in view the  large  number  of  women
and children in the camps, mobile toilets were placed near  the  camps.   In
order to avoid  epidemic,  spray  of  pesticides  and  other  chemicals  was
ensured.   To kill mosquitoes, fogging was carried out near relief  camp  at
Jaula.

      Safe and clean drinking water was also supplied  through  piped  water
supply schemes, permanent tubewells  installed  at  the  camp  sites,  India
Marked-II hand pumps and water tankers from the urban local bodies  situated
near the camps.  Chlorine tablets were distributed in all the camps  as  has
been described in the paragraph above.

4.    Arrangement of Tent, Dari and Bedsheets etc.

      Though most of  the  camps  were  situated  in  pucca  buildings  like
Madarsas and Schools, makeshift tents were  also  erected  in  15  camps  to
provide shed and shelter.  The displaced families could not bring  any  item
of daily use with them, hence, two steel  plates,  two  steel  glasses,  one
medium size dari, two bed sheets, one  bucket,  one  mug,  one  towel,  milk
powder, biscuit packets were provided  to  each  and  every  family  in  the
camps.  Clothes to women and children were also distributed  in  camps.   In
addition to that, two toilet soaps, two washing soaps, one tooth  paste  and
kerosene oil etc. were provided to the families living in  the  camps.   The
approximate value of abovementioned goods has  crossed  Rs.  1  crore.   104
quintals of fire wood was supplied  in  the  camps  through  the  Divisional
Forest Officer.  Another  54  quintals  of  firewood  was  supplied  through
District Supply Officer for its use  as  fuel.   Apart  from  this,  48  gas
cylinders were provided in the camps.

5.    Arrangement of fodder for cattle

      A large number of  villagers  fled  from  their  houses  out  of  fear
leaving behind their cattle and animals.  These animals were taken  care  of
by the people from the  community.   The  Animal  Husbandry  Department  was
directed to provide fodder  to  such  cattle  with  the  help  of  voluntary
organizations.  Identification of such villages  and  cattle  was  done  and
fodder was made available.  So far, 568.30 quintals of  wheat-hay  has  been
distributed.  Teams  of  Veterinary  Doctors  have  treated  301  cattle  so
identified.

6.    Financial Assistance by Government of Uttar  Pradesh  to  the  wounded
and the families of deceased persons

       According  to  letter  No.  1027k/chh-sa.ni.pr.-13/15(14)2013   dated
10.09.2013  and  Government  Order  No.   F.A.-2-367/Ten-92-100(30)D/92-Home
Police, Section-12 dated 21.12.1992, financial assistance  to  the  families
of deceased and injured persons is to be given at the following rates:

1.    In case of death            -     Rs. 10,00,000 per death

2.    In case of serious injury   -     Rs.50,000 per person

3.    In case of simple injury    -     Rs. 20,000 per person



District Muzaffarnagar

      32 persons belonging to this District have died in  various  incidents
of violence that took place on  or  after  07.09.2013.   Of  these  deceased
persons, two dead bodies are still unidentified.  Three persons were  killed
in clashes on  27.08.2013  in  village  Kawal,  Tehsil  Jansath.   One  news
channel reporter named Rajesh Verma died on 07.09.2013 in communal  violence
in Muzaffarnagar city.  Financial assistance of Rs. 15  lacs  was  announced
for his family.  Thus, a total sum of Rs. 3.35 crores has been  provided  to
the families of 33 persons.  In addition to that, a total sum  of  Rs.  7.50
lacs was provided to 15 persons injured seriously.  One person succumbed  to
his injuries and his family has been  paid  additional  amount  of  Rs.  9.5
lacs.  Thus, 34 families of deceased persons have been paid  Rs.3.45  crores
and the remaining 14 seriously injured persons were paid Rs.7 lacs.   A  sum
of Rs.5.40 lacs has been distributed to 27 persons with simple injuries.

District Shamli

      15 persons belonging to this District  died  in  the  incident  on  or
after 07.09.2013.  Of these, 13 persons died in incidents  that  took  place
in Muzaffarnagar and 2 persons died in the incidents within the District  on
or after 07.09.2013.  One person  was  killed  in  another  clash  that  had
occurred on 03.09.2013 in the District.  A total sum of  Rs.1.60  crore  has
been provided to the families of all  the  16  deceased  persons.   For  the
injured persons, a  total  sum  of  Rs.4.5  lacs  has  been  provided  to  9
seriously injured persons and a sum of  Rs.3.20  lacs  to  16  persons  with
simple injuries.

District Saharanpur

      Three persons belonging to this District died in the incidents  on  or
after 07.09.2013, of which one died in Muzaffarnagar and 2 died  within  the
District.  A sum of Rs. 30 lacs has been provided to  all  the  3  families.
Moreover, a total sum of Rs. 20 lacs has been provided to 4 persons  injured
seriously.

       Apart  from  these  3  Districts,  as  mentioned  above,  under   the
Saharanpur Division, 9 persons  who  were  killed,  belonged  to  the  three
districts of the Meerut Division.  According to  the  report  received  from
these Districts, Rs. 50 lacs were paid to 5  families  in  District  Meerut,
Rs. 30 lacs to 3 families in  Baghpat  and  Rs.  10  lacs  to  1  family  in
District Hapur.  One seriously injured person succumbed to his  injuries  in
Meerut and his family has been paid additional financial assistance  of  Rs.
9.5 lacs.  Thus, all the 10 families  of  the  deceased  persons  have  been
provided ex gratia relief of Rs. 1 crore.  In addition to this, 4  seriously
injured persons in District Baghpat have been paid Rs. 2 lacs.  Remaining  2
seriously injured persons in District Meerut have been  paid  an  amount  of
Rs. 1 lac.  4 persons with simple injuries in Baghpat have been paid  Rs.0.8
lacs.  District Hapur has reported no injured person.

      In addition to the above, the State Government has sanctioned  pension
to the eligible 63 injured persons at the rate of Rs.400/- per  month  under
the Rani Laxmi Bai Pension Scheme under special circumstances.

      Thus, the Government of Uttar Pradesh has paid Rs.6.35 crores  to  the
families of 63 deceased persons,  Rs.16.50  lacs  to  33  seriously  injured
persons, Rs.9.80 lacs to 49 persons with simple injuries and pension  to  63
injured persons.

7.    Financial Assistance by Government of India to  the  wounded  and  the
families of deceased persons

      Government of India has also  sanctioned  ex-gratia  relief  from  the
Prime Minister’s Relief Fund at the rate of Rs.2 lacs  per  family  for  the
dependents or legal heirs of the deceased and at the rate of Rs.  50000  for
the seriously injured persons.  Rs. 15 lacs  have  been  sanctioned  to  the
family of Sri Rajesh Verma, the Journalist, who was killed in  the  city  on
07.09.2013.

      32 families in Muzaffarnagar, 16 families in  Shamli,  3  families  in
Saharanpur, 5 families in Meerut, 3 families in  Baghpat  and  1  family  in
Hapur have been paid Rs.120 lacs.  Rs. 10 lacs have been paid to the  family
of Late Sri Rajesh Verma.  Rs. 16.50 lacs have been  paid  to  33  seriously
injured persons.  Two cases, in which the injured persons  have  died,  have
been forwarded for further assistance of Rs.1.50 lac per family.

      Thus, Rs.146.50 lacs have been distributed to the injured persons  and
the legal heirs of the deceased persons from the  funds  made  available  by
the Government of India.

8.    Employment to the dependents of the deceased persons

      The State Government decided to give employment to one member  of  the
family of the deceased  persons  according  to  his  or  her  qualification.
Total 58 persons belonging to 6 Districts died in the incidents on or  after
07.09.2013 and 5 persons died in the incidents that had taken  place  before
that.  A proposal was made  for  employment  of  dependents  of  61  persons
killed in the incidents as 2 dead bodies remained unidentified.   2  persons
had died from the same  family  and  one  person  killed  was  a  Government
employee and his dependent will be considered  as  per  “Dying  in  Harness”
rules.  Thus, the proposal was sanctioned by the  Government  for  remaining
59 persons and all of them have been given employment.

      Two new proposals, which  were  sent  to  the  State  Government  with
regard to 2 seriously injured persons who succumbed to their  injuries  have
been  sanctioned  and  formalities  are  being  completed   to   give   them
employment.

9.    Confidence building measures

      A  detailed  survey  and  analysis  of  the  families  displaced  from
different villages and living in camps was done.  The  villages  from  where
displacement took place were divided into three categories:

(i)   Villages where no violence took place.

(ii)  Villages where no death was reported.

(iii) Villages where death was reported.

      First of all, measures were taken to  rehabilitate  and  return  those
people who fell in the first category.  In this category,  displacement  had
taken place just  out  of  fear.   Meetings  with  important  and  effective
persons from both the communities were organized in which one community  had
assured the safety  and  security  of  the  other.   Peace  Committees  were
constituted and their meetings were  organized  at  the  Block,  Tehsil  and
District levels.  Senior officers like District  Magistrate,  Superintendent
of Police, ADM, ASP, SDM, Circle Officer and other  functionaries  from  the
Revenue and police departments participated along with the Village  Pradhans
and important public persons from all the communities.   Teams  of  officers
were sent from Districts of Meerut and Baghpat  to  convince  and  take  the
persons  living  in  the  camps  who  belonged  to  the  villages  of  these
districts.

      At one stage, the total number of people staying in 58  camps  in  two
districts had reached a figure of 50955 of which 27198 persons  were  in  41
camps at Muzaffarnagar and 23757 persons  in  17  camps  at  Shamli.   As  a
result of the efforts made by the administration in holding  these  meetings
and providing one-time financial  assistance  for  rehabilitation,  all  the
persons living in the camps in Muzaffarnagar have returned either  to  their
native villages or resettled elsewhere.

      As far as District Shamli is concerned, 15 camps have been closed  and
23757 persons living in the camps  have  either  returned  to  their  native
village or to the other  places  of  their  choice  after  getting  one-time
assistance of Rs. 5 lacs.   Remaining  2  camps  at  Malakpur  (990  persons
remaining) and Barnawi (330 persons remaining) have split into 4  additional
satellite camps established on the forest  land,  Gaon  Sabha  land  or  the
Government land of villages Akbarpur Sunhaiti (297  persons),  Khurgan  (595
persons), Dabhedi Khurd (203  persons)  and  Bibipur  Hatia  (203  persons).
Thus, 2618 persons are still living in 2 camps and 4 satellite camps in  the
District Shamli.  Efforts are being made to convince  them  to  go  back  to
their villages or settle elsewhere.

      To ensure the safety and building a feeling of confidence among  those
returning to the villages,  para-miliatry  forces  were  deployed  in  those
villages.  Preventive action was also ensured under the  provisions  of  the
Code and effective legal action is being taken  with  respect  to  the  FIRs
lodged for the incidents of rioting.  Notices were issued  to  6616  persons
in Muzaffarnagar and 1756 persons in Shamli under  Section  107/111  of  the
Code.  Out of these, 8372 persons in two districts, 5793  persons  (4802  in
Muzaffarnagar and 991 in Shamli) have been bound down under Section  107/116
of the Code.  In addition to this, 356  persons  in  Muzaffarnagar  and  239
persons in Shamli, thereby  totaling  595  persons  have  been  arrested  in
connection with various FIRs for incidents of violence,  arson  and  looting
etc.

      Regarding safety of their lives and security of their properties,  the
State has brought to our notice that necessary forces have been deployed  in
all the  areas  in  which  the  communal  riots  took  place.   The  details
furnished by the State show that at present, the following  forces  deployed
for law and order duty:

|Addl. SP|Dy. SP  |Insp.   |S.I     |HC      |Const.  |HG      |PAC     |
|3       |11      |35      |238     |58      |1447    |400     |8 Coy. 2|
|        |        |        |        |        |        |        |PL.     |




10.   One time financial assistance to the families not returning  to  their
villages

      Families displaced from 6 villages  in  Muzaffarnagar,  i.e.,  Fugana,
Kutaba, Kutbi, Kakda, Mohammadpur Raisingh and Mundbhar and  3  villages  in
Shamli, i.e., Lisadh, Lank and Bahavadi have not agreed to return  to  their
native  villages  even  after  confidence  building  measures  and   serious
persuasion.  Their decision was found to be justified largely based  on  the
fear emanating from the kind of incidents of  murders  and  arson  that  had
happened in these villages during the violence that broke  out  on  7th  and
8th  September,  2013.   The  State  Government,  vide   its   order   dated
26.10.2013, has decided to give a lumpsum grant of Rs.  5  lacs  per  family
for their resettlement and rehabilitation.   According  to  the  preliminary
estimates of houses in these villages, an amount of Rs.90  crores  has  been
sanctioned for 1800 families,  Rs.43.15 crores to 863 families  out  of  901
such families in Muzaffarnagar and Rs.38.40 crores to 768 such  families  in
Shamli have been paid under the  one-time  financial  assistance  for  their
rehabilitation.  In addition to this,  13  families  in  Muzaffarnagar  have
been given part payment of Rs.2 lacs each incurring Rs.26 lacs.  Thus,  1644
families have been paid till date and an amount of Rs.81.81 crores has  been
spent for their resettlement and rehabilitation.

11.   Compensation for damage to movable and immovable property

      Assessment was done for damage to the uninsured movable and  immovable
property during the riots.  Efforts were made to assess the loss by  a  team
of  qualified  persons  in  the  presence  of  victims.    Photography   and
videography was also done during the process.

      According to the latest reports, an amount of Rs.124.06 lacs has  been
paid in 212 cases, out of 217 surveyed cases worth Rs.125 lacs.   Similarly,
in District Muzaffarnagar, 465 movable  properties  have  been  assessed  at
Rs.176.44 lacs and the claim of Rs.174.82 lacs  has  been  settled  for  459
properties.  Hence, the claim of 671 properties out  of  682  total  damaged
movable properties has already been settled and an amount of Rs.298.88  lacs
has already been paid.

      As  per  the  order  dated  26.10.2013  regarding  one-time  financial
assistance to the families from 9 villages, the compensation for the  damage
to the immovable properties of these families is included  in  the  one-time
assistance.  Therefore, the compensation for damage  to  immovable  property
has to be paid in the remaining villages only.  Besides, the  amount  is  to
be paid in two equal instalments.  All 24 cases identified in Shamli, all  6
cases  identified  in  Baghpat  and  55  out  of  56  cases  identified   in
Muzaffarnagar have been paid the first instalment of Rs.50.56 lacs. Thus,  a
total amount of Rs. 349.44 lacs has been paid as compensation for  the  loss
of uninsured movable and immovable property loss in 3 districts.

Enhanced Compensation:

31)    During  the  course  of  hearing,  learned  senior  counsel  and  the
Additional Advocate General of U.P. appearing for  the  State  assured  this
Court  that  the  Government  would  consider  enhancing   the   amount   of
compensation to the victims of communal violence who had  died  and  to  the
parents of the deceased children below 5 years of age.

32)   It is brought to our notice that by G.O. dated  18.02.2014  issued  by
the Home Secretary, Government of U.P., it has been decided that  the  State
Government would provide further compensation of Rs. 3 lakhs in addition  to
the compensation already provided to the relatives of  the  deceased  and  a
compensation of Rs. 2 lakhs to the parents of the deceased children below  5
years of age who died in the relief camps.

33)   In addition to the same, the State has also highlighted other  reliefs
that  have  been  given  to  the  riot  victims  for  damage  of   immovable
properties. The chart placed before us  shows  the  names  of  the  persons,
father’s name, type of property, type of  damage,  value  of  the  property,
name of the village, district and the actual amount paid to  those  persons.
The said chart also shows  that  in  this  category,  181  persons  received
various amounts depending on the value of the property lost.  Likewise,  the
State has also placed details  regarding  financial  assistance  to  injured
persons due to communal violence.  The chart furnished shows that  about  53
persons from Muzaffarnagar, Shamli, Saharanpur and Baghpat were  benefitted.
 It also contains the name of the injured persons, their family details  and
their full address as well as  the  compensation  received  from  the  State
Government.   The  State  has  also   placed   particulars   regarding   the
beneficiaries of Rani Lakshmibai Pension  Yojana  relating  to  persons  who
sustained injuries both simple as well as  grievous  in  communal  violence.
The chart also shows the  name  and  details  of  their  family,  age,  full
particulars and the amount paid for  the  period  September  2013  to  March
2014.

Phase of Investigation:

34)    Apart  from  the  rehabilitative  and  preventive  measures,  certain
concerns were also raised by the petitioners in regard  to  the  inefficient
investigation by State Police and lapse of procedural laws  which  leads  to
gross violation of rights of victims.

35)   Regarding the stand of the petitioners that many  false  accused  were
shown as culprits, the State has filed a detailed note wherein it is  stated
that a total number of 566 cases  are  being  investigated  by  the  Special
Investigation Cell (SIC).  It was submitted that  during  investigation,  it
was observed that many cases were false and many persons have  been  wrongly
named in FIRs.  The  investigating  officers  found  sufficient  ground  and
evidence for their innocence.  The State has pointed out that names  of  all
such  persons,  viz.,  549  persons,  have  been  removed.   Till  now,   48
registered cases have been found false and the same were either expunged  or
removed.  Names of 69 persons in murder cases  have  been  found  false  and
their names have been removed from the accused list.   In  addition  to  the
above information, the State has furnished a list  of  accused  found  false
which contains 516 persons from Hindu community and 33 from Muslim, i.e.,  a
total number of 549 persons.   The  State  has  also  furnished  a  list  of
expunged cases and the persons who were wrongly included.  Here  again,  the
State has mentioned the names and addresses of those persons, crime  number,
police station, offences under various enactments and districts.

36)   It is further seen from the information furnished by  the  State  that
at present SIC is investigating a  total  number  of  566  cases  registered
during the communal violence in Muzaffarnargar and  adjoining  districts  of
Shamli, Baghpat, Saharanpur and Meerut.  Out of 566 cases, 533 cases are  of
Muzaffarnagar, 27 of Shamli and 2 each of Baghpat,  Saharanpur  and  Meerut.
Of these 566 cases, 59 cases are of murder and rest are of  arson,  dacoity,
grievous injury and of miscellaneous type.  Six  cases  of  rape  have  also
been registered.  All rape cases  are  of  Village  Fugana,  Police  Station
Fugana, Muzaffarnagar.  In all these cases, 6403 people were named  and  253
came to light.  Of these,  549  accused  were  found  false.   It  was  also
observed that  many  persons  were  named  in  more  than  one  case  and  a
calculation of all these revealed that 3803 persons were named.  Till  date,
984 persons have been declared accused in investigated cases.  Rest  of  the
cases are under investigation.   337  accused  have  been  arrested  and  61
persons have surrendered before the Court.  374 Non-Bailable  Warrants,  195
warrants under Section 82 of the Code and 3 kurki (attachment)  warrants  of
Section 83 of the Code  have  been  issued.   Charge-sheet  has  been  filed
against 238  accused  and  Closure  Reports  have  been  given  against  102
persons.

Constitution of the SIC:

37)   About the constitution of SIC and the  method  of  investigation,  the
State has highlighted:

      “Special investigation cell was constituted in the month of  September
      after  the  communal  violence  in  the  district  Muzaffarnagar   and
      adjoining district to investigate the cases registered during communal
      violence.   As  the  task  was  very  daunting  because  most  of  the
      complainant had fled from their  villages  and  had  taken  refuse  in
      various relief camps and in their relatives.  The first  task  was  to
      locate  the  complainants  and  witnesses.   This  hardeous  task  was
      accomplished after taking the list of persons  staying  in  camps  and
      getting their mobile numbers.  Thereafter, inquiring from  one  person
      to another  complainants  and  witnesses  were  approached  and  their
      statements were recorded.  This  obviously  delayed  investigation  to
      some extent, but once the  complainants  and  witnesses  were  traced,
      investigation took pace and very soon investigation of all  the  cases
      will be completed.

            During investigation, SIC used scientific mode of investigation.
       Some of the methods which were used are as follows:

      1. A large number of persons were named in various  cases  registered.
      To confirm the authenticity of complaint and accused person,  location
      of both complainant and accused persons were collected  through  their
      mobile numbers.  Mobile no. of various persons  were  analysed.   Call
      details were also applied to work out unknown cases.

      2. In the village Lisad  of  PS  Fughana  death  of  13  persons  were
      reported.  The body of 11 persons out of 13 were not recovered and  no
      traces of their body were  found.   SIC  took  the  help  of  Forensic
      Science Laboratory, Lucknow to find the traces of  their  death.   FSL
      used scientific methods to collect sign of some blood.  Even though 20
      days have passed after the claim  of  death,  FSL  was  successful  in
      finding sign of some blood by Benjamin test.  The blood  samples  have
      been sent for  examination.   During  investigation,  some  suspicious
      small pieces of bones were recovered, which has been sent for DNA  and
      other scientific examination.  In one another case, DNA  samples  have
      been sent to match of the claim of death.”

38)   In support of the above stand, the State has  also  placed  copies  of
various orders passed by the SIC.

Arrest and follow-up action:

39)   Regarding arrest and follow-up actions, the State has filed a list  of
arrested persons in communal violence in Muzaffarnagar and adjoining  areas.
 The list shows the names of  308  arrested  persons  in  the  Districts  of
Muzaffarnagar and Shamli.  Here again, the State  has  furnished  the  names
and addresses of arrested accused, the date on  which  they  were  arrested,
offences under various enactments, crime number, police station,  nature  of
the offence, district, etc.  The State has also indicated  the  religion  of
the accused just to show that actions were being taken irrespective  of  the
caste, community or religion.

40)   The State has also furnished a list of 50 persons who surrendered  (31
belonging to Hindu community and 19 Muslim).   Here  again,  the  State  has
furnished the names and addresses of accused, date  of  surrender,  offences
involved, title of the crime, case number, police station and district etc.

41)   In addition to the above particulars, the  State  has  also  furnished
details about the action taken against accused persons in communal  violence
cases as on 08.02.2014.  The chart contains the details  of  the  number  of
the accused, number of crimes, details  regarding  action  taken,  types  of
offences, etc.  The  State  also  catalogued  these  details  district-wise,
viz., Muzaffarnagar, Shamli, Baghpat, Saharanpur and Meerut.

42)   The State has also furnished the details regarding action being  taken
against political persons.  The list  contains  total  22  persons  in  this
category having their names and addresses, particulars  regarding  political
party, post held, such as, Minister/MP/MLA, Crime  number,  police  station,
various offences and particulars regarding action taken, etc.

43)   In addition to the above particulars, the State has  also  highlighted
various difficulties  faced  by  the  District  Police  in  making  arrests.
According to them, right  from  day  one,  the  District  Police  has  faced
staunch opposition and strong protests in  making  arrests  in  riot  cases.
Many panchayats and dharnas have been  organized  to  resist  arrests.   The
accused from both the communities have found  strong  refuge  in  respective
villages.  In some cases, villagers have even attacked  the  police  parties
to stop them from making arrest.  In the note submitted to this Court,  they
highlighted some of the notable episodes  that  took  place  on  15.10.2013,
21.10.2013,  26.10.2013,  28.10.2013,  01.11.2013,  25.01.2014,  26.01.2014.
According to the  State,  in  those  days,  women  folk  of  the  particular
community obstructed  the  police  from  entering  their  houses  where  the
accused were hiding.  Khap panchayats prevented the police  from  performing
their duties.  In spite of those protests and obstructions,  the  State  has
highlighted that the District Police has been  persistent  and  diligent  in
making arrests of the accused persons in riot cases and so far  337  accused
persons have been arrested and  61  accused  persons  have  been  forced  to
surrender.  The raid teams from respective police stations  are  being  sent
regularly to make arrests.  A dedicated surveillance team has been  deployed
with the Crime Branch to gather intelligence about the  whereabouts  of  the
accused  persons  of  serious  riot  offences.   Despite   extreme   adverse
circumstances and strong protests from  both  communities,  the  police  has
made persistent attempts to effect the arrests of the accused  people.   The
efforts made by the district police are:

     i) Continuous raids – Teams from various police stations led by senior
        police officers have been  conducting  raids  for  the  accused  on
        regular basis.

    ii)  Gathering  of  information  –  To  locate  the  accused,  relevant
        information is being gathered, informers  have  been  employed  and
        people from the same villages have been identified who are  willing
        to provide information about the accused people.

   iii) Surveillance and Crime Branch support  –  In  making  arrests,  the
        district police have also sought support of surveillance teams  and
        Crime  Branch  experts  to  gather  information  about  accused  to
        facilitate arrests.

    iv) Several meetings  are  being  conducted  in  affected  villages  to
        generate confidence amongst the villagers and to ensure  them  that
        innocent people will not be harassed,  to  blunt  their  resistance
        about arrests.

     v) Meetings are also arranged between the two communities  to  restore
        faith and feeling of brotherhood.  Such efforts are being  made  to
        alienate the actual accused people who are  desperately  trying  to
        find support from their community.

    vi) The police has also been seeking relevant and timely  court  orders
        and have been implementing court processes and attachment orders to
        mount pressure on the accused.

   vii) Counseling efforts are being made so that the  family  members  and
        supporters of the accused people can be convinced to offer  arrests
        or surrender of accused persons before the Court.

  viii) In some suitable cases, reward is also declared on the  accused  to
        mount pressure.

    ix) A dedicated team of experienced police personnel for  each  accused
        is deployed to gather relevant information about  his  whereabouts,
        hiding places, refuse, and support base to effect arrests.

44)   Regarding arms and ammunitions, recovery  of  AK47  cartridges,  etc.,
particularly, in village Kirthal, Police Station Ramala,  District  Baghpat,
the State has highlighted that:

      “On 11/03/13  Ramala  police  was  on  law  and  order  duty  and  was
      patrolling in village Kirthal PS Ramala.  Irshad s/o Fakruddin, Shoaib
      s/o Munsab, Zahid s/o Iqbal, Basiruddin s/o  Iqram  all  residents  of
      village  Kirthal  PS  Ramala  mounted  an  unprovoked  attack  on  the
      patrolling  party  with  brickbats  and  caused  obstruction  in   the
      discharge of duty.  In this incidentone constable 832 CP  Vijay  Kumar
      was grievously injured.  In this connection, SHO Ramala Shri  Rajender
      Singh registered a Case Crime Number  246/13  u/s  307,  353,  34  IPC
      against the above-mentioned four persons at PS Ramala.  In the context
      of the above-mentioned incident, SHO Ramala Shri  Rajendra  Singh  was
      engaged in checking and frisking  of  suspicious  persons  in  village
      Kirthal.  During this checking one Rojuddin s/o Fakruddin r/o  village
      Kirthal PS Ramala was arrested and one cmp 315 bore, 41 cartridges  of
      AK 47 rifle, 14 cartridges of 9 mm  pistol  were  recovered  from  his
      possession.  In this connection, one case crime number 249/13  u/s  25
      Arms Act was registered at PS Ramala.

      The case crime number 246/13 u/s 307, 353, 34 IPC was investigated  by
      SI Shri  Vijendra  Sing  Panwar,  all  the  four  named  accused  were
      arrested, one cmp 315 bore  with  cartridge,  one  licenced  gun  with
      cartridges were recovered and,  finally,  charge-sheet  number  123/13
      dated 19/10/13 was submitted to the concerned court  against  all  the
      four named accused.

      Similarly, the case crime number 249/13  u/s  25  Arms  Act  was  duly
      investigated by SI Shri Subhash Chand.  During the  investigation  the
      arrested person Rojuddin told the IO that the AK 47 and 9mm cartridges
      belonged to his brother Iqbal who had been discharged from BSF on poor
      health ground.  On coming to light his brother Iqbal s/o Fakruddin was
      interrogated by the IO but no progress was made because  Iqbal  denied
      that the recovered cartridges belonged to him and no other independent
      incriminating evidence could be collected during investigation against
      him.

      On  completion  of  investigation,  charge-sheet  number  120/13   was
      submitted  to  the  concerned  Court  on  12/10/13.   The  matter  was
      investigated  by  SI   Shri   Subhash   Chand.    On   completion   of
      investigation, charge-sheet number  120/13  dated  12/10/13  has  been
      submitted to the concerned court.

      During the investigation all the four named accused were arrested  and
      sent to jail.  One cmp with one cartridge 315 bore, one  licensed  gun
      with cartridge were recovered from them.  When adequated evidence  was
      collected  against  the  accused,  charge-sheet  number  123/13  dated
      19/10/13 was submitted to the concerned court.”

45)   In respect of allegations relating to Crime No. 148/13 under  Sections
147, 148, 149 and 396 IPC, PS Fughana, Muzaffarnagar, it is stated:

      “The above case was registered by Dilsad s/o Sakeel r/o Vill. Bahawadi
      P/s Fughana that on 8.09.13 his father  was  forcibly  taken  away  by
      named persons and was killed.  The  case  was  investigated  by  Insp.
      Matadin Verma.  When Inquest report and post mortem report was sought,
      no record of Inquest and Postmortem was found either in Police Station
      or in CMO office.  The statement of complainant was recorded.  He said
      that he had identified the chhared body of his father  and  buried  in
      the graveyard.  After going through records of police station, it  was
      found that one post-mortem report was extra attached  in  the  FIR  of
      case crime no. 143/13 of P/s Fughana which was related to the incident
      of village Lak and no claimant of  that  post-mortem  existed  neither
      anyone had claimed that somebody is missing from  village.   Thus,  it
      was assumed that since there was great commotion after the  riots  and
      more than 13 corpes were  brought  to  PS,  some  mistake  might  have
      occurred in writing the place of incident in inquest report.  So,  the
      post mortem report was attached to the case no.  148/13.   But,  there
      was one anomaly that the age in Postmortem report of deceased  was  25
      years, but the age of deceased in Cr. No.  148/13  was  more  than  45
      years.  But, fortunately since the post-mortem report attached was  of
      an unknown body, its tooth, hair and other  parts  of  the  body  were
      preserved for DNA analysis.  The complainant  has  not  turned  up  in
      spite of  repeated  request  both  in  written  and  personal  by  the
      investigating officer for providing blood samples  necessary  for  the
      test.”

46)    In  the  case  of  Crime  No.   403/13,   Police   Station   Jansath,
Muzaffarnagar, the State has informed this Court that:

      “On 27-08-13, Sachin s/o Bisan Singh and  Gaurav  S/o  Ravindra  Singh
      both resident of Malikpura p/s Jansath were killed  in  village  Kawal
      P/s Jansath.  In this regard, above  case  was  registered  against  6
      persons.  Out of six named persons, 2 were arrested and 3  surrendered
      before the court.  Chargesheet no.  185/13  dated  24-11-13  has  been
      filed against 5 accused.  Investigation against one  person  is  going
      on.”

47)    In  the  case  of  Crime  No.   404/13,   Police   Station   Jansath,
Muzaffarnagar, the State has informed this Court that:

      “On 27-08-13, Sahnawaj s/o Salim  r/o  Kawal  was  killed  in  village
      Kawal.  In this regard, the above  case  was  registered  in  which  8
      persons were named including Sachin and Gaurav who were killed in  the
      village Kawal.  During investigation, it was found that no  person  of
      the name Yogendra s/o Prahlad r/o Malikpura (who  was  named  accused)
      exists in Malikpura.  One another person Nitin s/o Ravinder whose name
      was later on given through affidavit by witnesses had died six  months
      before the incident.  Till now against rest six persons,  no  evidence
      of their involvement in crime has been found.”

48)   Regarding allegations, viz., communal bias, the State,  while  denying
all those allegations, furnished a list  of  arrested  persons  in  communal
violence in Muzaffarnagar  and  adjoining  districts.   Here  again,  it  is
furnished that the number of total arrested persons are 334, out  of  which,
256 belonged to Hindu community and 78 belonged  to  Muslim  community.   In
addition to the same, they also furnished the names  and  addresses  of  the
arrested accused, date of arrest, offences  involved,  case  number,  police
station and district etc.  In addition to  the  same,  they  also  furnished
present status of cases under investigation,  community-wise  and  district-
wise.  It also  shows  the  total  registered  cases  in  the  districts  of
Muzaffarnagar, Shamli, Baghpat, Saharanpur, Meerut in  the  police  stations
as 316, from the camps 250, number  of  cases  registered  by  Muslims  492,
number of cases registered by Hindus 40, cases registered by the police  34,
true cases found till date 518, number  of  named  persons  in  those  cases
6144, among those persons 5597 belonged to Hindu community and 547  belonged
to Muslim community, number of persons  against  whom  evidence  found  984,
etc.


Follow-up action in Rape/Molestation Cases:

49)   Coming to the allegations relating to rape and inaction  on  the  part
of the police in apprehending the accused as well as for protection  of  the
victims, the State has filed an Action Taken Report.   In  that  report,  it
was mentioned that in CC No. 179 of 2013, Police Station Fugana,  out  of  5
accused, they arrested only one and in respect of remaining 4,  non-bailable
warrants were issued and steps were taken for declaring them  as  absconders
under Section 82 of the Code.   Insofar  as  CC  No.  300  of  2013,  Police
Station Fugana is concerned, 6 persons were arrayed as accused but none  was
arrested so far and non-bailable warrants and proceedings under  Section  82
of the Code are pending against all of them.   As  regards  CC  No.  360  of
2013, Police Station Fugana, out of 12 accused persons, none  was  arrested.
Similarly, in CC No. 361 of 2013, Police Station Fugana,  two  persons  were
shown as accused.  Here again, none of them was arrested.

50)   Insofar as rape case pertaining to CC No. 300 of 2013, the  State  has
furnished the following details:

Date of incident – 08.09.2013

Date of reporting – 26.09.2013

Offences - under Sections 395, 397, 376D, 153A, 436 IPC

Police Station – Fugana, Muzaffarnagar

Place of Incident – Village Fugana

Date of medical examination – 29.09.2013

Date of the statement under Section 161 Cr.PC – 25.10.2013

Date of statement under Section 164 Cr.PC – 09.12.2013

51)   In the said case, an FIR was lodged stating  that  six  named  cuprits
committed the above crime.  As regards progress of the case, it is stated:

      “The first investigation was taken by SI Esam Singh of P/s Fughana and
      it was transferred to Insp. Dharmpal Singh of SIC.  As  there  was  no
      Lady Police Officer in SIC, the investigation was taken by Insp.  Mala
      Yadav of SIC on 18.10.13.  Statement under 161 CrPC  was  recorded  on
      25.10.13 as earlier attempt to contact victim could not be made as she
      had gone to Delhi with her husband.  On 08.11.13 scene  of  crime  was
      visited along with the victim.  In her 161 Cr.PC statement and in  FIR
      there was some contradiction as in FIR she has said  that  six  person
      has raped her but in 161 Crpc statement she said that  only  4  person
      raped her and she does not know rest of the person.  Further her  call
      details did not match 161 statement.  Her statement had to be verified
      and  contradiction  needed  proper  justification.    Therefore,   the
      investigating officer had to investigate the case  cautiously.   Later
      on statement of other witnesses were recorded.   Statement  under  164
      Crpc was recorded on 09.12.13.  After 164 Crpc  statement  some  other
      statement had to be taken.  Requisition of  arrest  was  sent  to  the
      police station on 02.01.14 and NBW was taken against all six  accused.
      Warrant under 82 Crpc has been taken against all the  accused.   Raids
      were conducted to arrest the accused on 04.01.14, 05.01.14,  20.01.14.
      Further raids are going on to arrest the accused.”



52)   As regards rape case pertaining to CC No. 360 of 2013, the  State  has
furnished the following details:

Date of incident – 08.09.2013

Date of reporting – 01.10.2013

Offences - under Sections 147, 148, 149, 452, 352, 376D IPC

Police Station – Fugana, Muzaffarnagar

Place of Incident – Village Fugana

Date of medical examination – 18.10.2013

Date of the statement under Section 161 Cr.PC – 25.10.2013

Date of statement under Section 164 Cr.PC – 11.12.2013



53)   In the said case, an FIR was lodged  stating  that  16  named  cuprits
committed the above crime.  As regards progress of the case, it is stated:

      “The investigation was started by SI R.S. Bhagaur of  P/S  Fughana  on
      09.10.13.  It was taken by Insp. Mala Yadav of SIC on  18.10.13.   The
      statement under 161 Crpc was recorded on 25.10.13 as  the  victim  had
      gone  to  Delhi.   The  statement  under  161  Crpc   and   FIR   were
      contradictory as no. of persons accused of  rape  differed  from  FIR.
      Therefore, her statement had to  be  verified  cautiously.   Place  of
      incident was visited on 08.10.13 as she was  not  available  on  other
      date.  Statement under  164  Crpc  was  recorded  on  11.12.13.   Call
      details of  mob.  No.  did  not  match  with  the  incident.   Further
      statement of other witnesses  has  to  be  taken  to  corroborate  the
      incident as according to FIR her husband, Father in  law,  brother  in
      law and mother in law all were present at the time of incident.  After
      collecting all evidence requisition of arrest was given on 18.01.14 to
      local police station.  NBW was taken and sent on 23.01.14 and  warrant
      under 82  Crpc  was  taken  on  27.01.14.   Raids  were  conducted  on
      18.01.14, 19.01.14 and on other dates in spite  of  strong  resistance
      from local villagers.”

54)   Regarding rape case pertaining to CC No. 179 of 2013,  the  State  has
furnished the following details:

Date of incident – 08.09.2013

Date of reporting – 22.09.2013

Offences - under Sections 395, 342, 436, 153A, 506, 376D IPC

Police Station – Fugana, Muzaffarnagar

Place of Incident – Village Fugana

Date of medical examination – 29.09.2013

Date of the statement under Section 161 Cr.PC – 24.10.2013

Date of statement under Section 164 Cr.PC – 09.12.2013

55)   In the said case,  FIR  was  lodged  against  5  named  culprits.   As
regards progress of the case, it is stated:

      “The case was registered on 22.09.13 at P/S Fughana  Muzaffarnagar  by
      the victim.  The investigation was initially started by SI Anil  Kumar
      Jayant of SIC on 30.09.2013 since at  that  time  there  was  no  Lady
      Police Officer attached to the SIC.  Medical of the victim was done on
      29.10.2013 by the local police.  The investigation  of  the  case  was
      taken over by Lady Police Officer Inspector Mala  Yadav  on  18.10.13.
      On 24.10.13 statement under 161 Crpc was recorded as earlier  attempts
      on 21.10.13 and 23.10.13 to record her statement could not be made  as
      the victim had gone to Delhi.  On 8.11.13 the scene of the  crime  was
      inspected.  Earlier attempt to contact her failed as she has  gone  to
      some relations.   In  her  statement  name  of  other  witnesses  also
      appeared but they could not be contacted.  Call details of victim  was
      also taken to verify the statement given by her son  and  the  victim.
      The statement of victim differed from FIR as in  FIR  it  was  written
      that the culprits came from roof of the House but in her statement she
      said that they caught her on the road.  She could  not  even  identify
      the scene of crime.  Besides this there were  some  contradictions  in
      her statement which needed proper verification as she had stated  that
      her domestic animals were stolen but it was found during investigation
      that she has taken her domestic animals back from one  inhabitants  of
      vill. Fughana.  The clothes worn by her on the date  of  the  incident
      could not be recovered as she said that she had thrown  it.   Her  164
      Crpc statement was registered on 09.12.13.  The  earlier  attempts  to
      register her statement u/s 164 Crpc could not succeed because she  was
      not available even though Safina was sent to  her  under  section  160
      Crpc.  In her 164 Crpc statement she accused all the 5 named person of
      committing the crime.  The statements of  other  witnesses  were  also
      recorded.  Therefore, it  took  some  time  to  ensure  that  innocent
      persons may not become  culprit  and  proper  sufficient  evidence  is
      collected to prosecute the offenders and all contradiction should have
      proper and reasonable justification.  Requisition of arrest  under  55
      Crpc against all 05 culprit was issued on 18-01-14.   NBW  was  issued
      against accused on 20.01.14.   On  24.01.14  one  accused  Vedpal  was
      arrested.  On 27.01.14 Warrant under 82  Crpc  was  taken.   Meanwhile
      attempts to arrest the accused was made on 18.01.14, 19.01.14 and even
      after 27.01.14, though under severe protest from  villagers.   Further
      raids are being made to arrest the accused.   No  case  of  arson  was
      found.”

56)   It is seen from the above particulars  that  a  total  number  of  six
cases of rape were registered at  the  police  station  Fugana  of  District
Muzaffarnagar.  The cases were registered after more than 20 days  from  the
date of incident.  According to the State,  investigation  in  all  the  six
cases is almost complete.  After  taking  the  statement  of  victims  under
Section  161  of  the  Code,  scene  of  crime  has  been  visited  by   the
investigating officer along with other  officers.   Medical  examination  of
all the victims has been done and statements of all the  victims  have  been
recorded under Section 164 of the Code.  It is further  seen  that  although
41 persons were named in all the six cases, investigation and the  statement
of victims under Section 164 of the Code refers only to  22  persons.   Only
one accused had been arrested in the case  of  C.C.  No.  179  of  2013  and
proclamation under Section 82 of the Code has been issued  against  rest  of
the 21 accused persons.  It is also seen that raids are being  conducted  by
local police to arrest the remaining accused.

57)   The particulars furnished further show that a  total  seven  cases  of
molestation  were  registered   during   the   communal   violence.    After
investigation and recording the statement of complainant and  the  so-called
victims, it was found that there was no  case  of  molestation.  Charges  of
molestation in all the seven cases were found false.  Out  of  seven  cases,
in five cases, other charges of dacoity and injury were also found false  as
the complainants denied occurrence of any such incident.   In  rest  of  the
three cases, act of dacoity was  claimed  by  the  complainant.   Orders  of
arrest in Crl. No. 299 of 2013 have been given  against  five  persons.   In
Crl. No. 254 of 2013, complainant stated involvement of 19 out of  22  named
persons of committing dacoity and arson.  Four fresh names were also  given.
 Investigation is going on to find out the authenticity  of  involvement  of
accused  person  in  this  case.   Similarly,  in  Crl.  No.  312  of  2013,
complainant had named 14 persons but in statement under Section 161  of  the
Code, denied the charges of molestation.  The scene of  crime  showed  arson
in the house.  Though the complainant has not mentioned any act of arson  in
the house, the investigating officer has added the relevant Section  in  his
investigation.  Investigation is going on to find the  involvement  of  four
named persons.

58)   In addition  to  the  same,  the  State  has  also  filed  details  of
molestation cases, such as number  of  persons  involved,  offences,  police
station, summary of FIRs, progress of the case, etc.

59)   Regarding the allegation  that  in  the  relief  camp  rape  has  been
committed, based on the information, Case No. 537  of  2013  under  Sections
376(g) and 506 IPC has been registered against Sachin  and  Sushil  and  the
investigation of the same has been initiated by Kawarpal Singh Inspector  in
charge.  During the investigation, both alleged accused  Sachin  and  Sushil
have been arrested and sent to the jail on  03.11.2013.   Both  the  accused
are in jail.  In the investigation,  proper  and  sufficient  evidence  have
been found against both the accused and charge-sheet No. 73  of  2013  dated
08.12.2013 has been presented to the court concerned.

60)   Apart from the above  particulars,  the  State  has  also  placed  the
actual statement of rape victims made under Section 164 of the  Code  before
the court concerned.  We have also perused the same.

61)   With regard to various allegations raised in Writ Petition  (Criminal)
No.11 of 2014 relating to the rape victims, a request  for  recording  fresh
statement under Section 164 of the Code was made.  Responding to  this,  the
State has informed that  the  statement  made  by  Petitioner  No.  4  under
Section 164 of the Code had not supported her version  in  FIR  No.  141  of
2013 and Case Crime No. 296  of  2013.   During  the  course  of  arguments,
learned senior counsel for the State  agreed  to  record  the  statement  of
Petitioner No.4 before a lady Magistrate if the  petitioner  is  willing  to
appear.  It is clarified by the State that pursuant to the above  statement,
the I.O. concerned got in touch  with  Petitioner  No.4  on  17.02.2014  and
explained the circumstances to  her  for  making  a  fresh  statement  under
Section 164 of the Code to a lady Magistrate.   However,  according  to  the
respondent-State, Petitioner No.4 declined to make a fresh  statement  under
Section 164 of the  Code  before  the  lady  Magistrate  as  requested.   In
addition to the same, counsel for the State has also brought to  our  notice
the statement of Petitioner No.4 and video proceedings which  are  available
with the State for perusal as and when desired by this Court.

62)   Regarding the lack of security cover to the rape  victims,  on  behalf
of the State, it is brought to  our  notice  that  the  State  of  U.P.  has
provided security cover to all the rape victims, except Petitioner  No.4  in
whose case Final Report has been filed.  It is also brought  to  our  notice
that Petitioner No.1 and her husband had  been  provided  security  earlier.
It is also stated that all the rape victims  refused  security  cover  being
provided by a lady constable and on seeing the sensitivity  of  the  matter,
the  State  has  provided  them  with  one  male  and  one  female  security
personnel.  As per the materials placed, the following are  the  details  of
the security personnel provided to the petitioners:

|S.No.  |Petitioner No.      |Particulars                         |
|1.     |Petitioner No.1     |Gunner Constable No. 304 armed      |
|       |                    |police Ravi Kumar/Lady Constable No.|
|       |                    |890 Nisha                           |
|2.     |Petitioner No.2     |Gunner Constable No. 238 armed      |
|       |                    |police Anil Kumar/Lady Constable No.|
|       |                    |1195 Anjula                         |
|3.     |Petitioner No.3     |Gunner Constable No. 313 armed      |
|       |                    |police Narendra Kumar /Lady         |
|       |                    |Constable No. 157 Kashtina          |
|4.     |Petitioner No.5     |Gunner Constable No. 55 armed police|
|       |                    |Arun Kumar/Lady Constable No. 1991  |
|       |                    |Savita                              |
|5.     |Petitioner No.6     |Gunner Constable No. 319 armed      |
|       |                    |police Vineet Kumar/Lady Constable  |
|       |                    |No. 1302 Meenakshi                  |
|6.     |Petitioner No.7     |Gunner Constable No. 232 armed      |
|       |                    |police Ravish/Lady Constable No.    |
|       |                    |1023 Bharti                         |




63)   Regarding non-registration of FIR on the complaint sent by  Petitioner
No.7, the State has informed this Court that FIR No. 18 of 2014  being  Case
Crime No. 37 of 2014 under Sections 376D  and  506  of  the  IPC  at  Police
Station Fugana stands registered even on 18.02.2014.  It is also brought  to
our notice that the following accused  persons,  viz.,  Kuldeep,  Maheshveer
and  Sikandar  have  been  made  accused  in  the  said   case   crime   and
investigation had already been commenced.  As on date, Petitioner No. 7  has
also been provided with one male and one female security personnel.

64)   In respect of arrest of  accused  persons  in  cases  related  to  the
offence of rape, the State has highlighted that so far 50  teams  of  police
personnel have been constituted.  Each team is led by  a  Sub-Inspector  and
has 2-3 constables.  Each team has been allotted 3-4 accused  and  has  been
given a specific time frame to affect these arrests since during the  raids,
it has been found that the accused persons are not staying in  their  native
villages.  These teams will track the location and have a focussed  strategy
of arresting targetted persons.  In addition to the same, it is  highlighted
that two companies of the State Paramilitary Force have been  earmarked  for
assisting these arresting squads.  Additional SP, Crime,  Muzaffarnagar  has
been made in-charge of arrest operations.  It is also assured to this  Court
that despite resistance to arrests, police has successfully conducted  raids
on the houses and probable places of hiding in villages on regular basis.



Action taken in murder and other offences:

65)   Regarding murders which occasioned during the violence, the State  has
filed a compilation containing list of named accused who  were  found  false
in murder cases.  The particulars furnished  by  them  show  that  about  70
persons (54  Hindus  and  16  Muslims)  were  shown  as  accused  and  after
investigation it was found  that  they  were  falsely  implicated.   In  the
Action Taken Report dated 08.02.2014, under the caption “murder cases”,  the
State has furnished  information  that  in  Muzaffarnagar,  Shamli,  Bagpat,
Saharanpur, Meerut, 857 persons  were  implicated  and  after  investigation
they identified the total true accused as 337, out of which 94 persons  were
arrested, 14 surrendered, 6 reported  dead  and  non-bailable  warrants  are
pending against 198, Section 82 proceedings pending against 119, Section  83
proceedings pending  against  3  and  6  persons  were  detained  under  the
National Security Act.  The details furnished further show that a  total  of
59 cases are being investigated by SIC.  In these cases,  741  persons  were
named and 116 persons were brought to light.  Of these,  evidence  has  been
found against 337 persons.  Requisition of arrest has been sent against  289
accused.  94 accused have been arrested and 14 have surrendered  before  the
Court.  6 accused died during investigation.  Non-bailable warrants  against
193 accused have been issued and action under Section 82  of  the  Code  has
been taken against 116 accused.  Action under Section 83  of  the  Code  has
been taken against 3 accused.  Charge-sheet was filed  against  55  accused.
70 persons were found false.  Cases against  450  persons  named/brought  to
light are under investigation.

66)   In addition to the same, the State has also furnished details  showing
the names of the accused found true in murder cases.  It shows that a  total
number of 322 accused were found true, which  consists  of  286  from  Hindu
community and 36 from Muslim community.  The chart also shows the names  and
residential particulars, crime number, police station, other  details  about
action against those accused.  The State  also  filed  list  of  surrendered
accused in murder cases which comes  to  total  13  persons  (4  from  Hindu
community and 9 from Muslim community),  all  from  Muzaffarnagar  district.
The chart also shows the names and  residential  particulars,  case  number,
police station, offences under various enactments, date of surrender, etc.

Cancellation of Bail:

67)   Regarding cancellation of bail orders, on hearing the counsel for  the
petitioners, this Court sought details of cancellation of  bail  and  action
undertaken by the State with regard to those accused who have  been  granted
bail either by the Court of Magistrate or Sessions Court.   In  response  to
the same, the State has furnished  that  against  26  accused  persons,  the
State has moved for cancellation of bail before the Court of  Sessions.   In
addition to the same, the State has also placed a chart showing the  details
of cases in which the State has moved before the  Court  of  Sessions.   The
details furnished show that in 26 cases in which the  accused  persons  were
charged with various offences under IPC read with  Criminal  Amendment  Act,
though court concerned has granted bail, the State has moved an  application
for cancellation of the same.  The State Authorities are directed to  pursue
the same effectively.  It is also brought to our notice that in another  set
of petitions where the  accused  persons  have  been  granted  bail  by  the
competent court, the State has already given approval  to  file  application
for cancellation of bail before the High Court and  the  Government  counsel
has been instructed that necessary action  may  be  taken  for  moving  such
applications.  The details of moving applications for cancellation  of  bail
against 57 accused persons to be filed before the High Court  are  furnished
before this Court for our perusal.  The Government counsel has also  brought
to  our  notice  such  government  orders  instructing   for   moving   such
applications for cancellation.  During the course of  hearing,  the  counsel
for the State  has  also  brought  to  our  notice  Government  Order  dated
09.01.2014 for cancellation of the bail of Azad and  others  in  Case  Crime
No. 415 of 2013.

68)   During the course  of  hearing,  various  counsel  appearing  for  the
petitioners submitted that bail has been granted to some accused persons  as
the State had not strongly opposed their bail applications.  By drawing  our
attention to certain documents placed before us, the counsel for  the  State
has pointed out that the Additional Public Prosecutor had opposed the  grant
of bail then and there.

69)   Regarding action taken against persons belonging to various  political
parties, it is highlighted  that  the  State  Government  has  taken  strict
action against all the  accused  persons  irrespective  of  their  political
affiliation.  Learned counsel for the State has pointed out  that  even  the
State Government invoked the provisions of National  Security  Act  wherever
required.  It is pointed out that the provisions of  National  Security  Act
were invoked against 11 persons.  Mr. Sangeet Som, MLA, BJP and  Mr.  Suresh
Rana, MLA, BJP were amongst those 11 persons.  The  chart  produced  by  the
State for our consideration shows  that  against  11  persons  hailing  from
Districts  Muzaffarnagar,  Shamli  and  Baghpat  detention  under   National
Security Act was claimed and the appropriate Board approved  five  detention
orders and disapproved 6.

70)   In addition to the same, the State of U.P. has moved  application  for
cancellation of bail in relation to Mr. Kadir Rana,  M.P.  BSP,  Mr.  Suresh
Rana, MLA, BJP, Mr. Kunwar Bhartendu, MLA,  BJP  and  Mr.  Shyam  Lal.   The
State has also assured that against Mr. Sangeet Som, MLA BJP an  application
for cancellation of bail will be  moved  by  the  State  of  UP  before  the
Allahabad High Court.  It is also brought to our  notice  that  against  Mr.
Sangeet Som, a case Crime No. 888/13 under  Sections  153A,  420,  120B  and
66AE of the IT Act read with 7th Criminal Law Amendment Act  was  lodged  in
which it was alleged that the accused had uploaded a false and  inflammatory
video clipping intended to incite communal violence in the State.   In  this
regard, it is submitted that the said clipping was uploaded  on  the  social
website-Facebook which has its server in the US.  It is submitted  that  the
request for providing the details of the IP address of  the  computer  which
has been used to upload the said video is being made  to  the  said  company
following the  provisions  of  Section  166A  of  the  Code.   Letter  dated
26.11.2013, written by the Under Secretary, Government of India to the  Home
Department, State of U.P. is also placed before us.

Follow-up action initiated for Missing Persons:

71)   With regard to the allegations regarding missing  persons,  the  State
has placed materials to show that  there  were  total  24  reported  missing
persons, out of which 3 have been traced and have returned to  their  houses
and 2 dead bodies have been found.  Remaining 19 persons are  still  missing
and the State administration has assured  that  necessary  steps  have  been
taken  for  the  same.   If  any  person  is  declared  dead  in  terms   of
Registration of Births and Deaths Act, 1969 and  the  Indian  Evidence  Act,
the State will consider for paying compensation  to  the  kith  and  kin  of
their families.

Whether investigation by SIT/CBI is required:

72)   Regarding the claim  for  transfer  of  investigation  to  specialized
agency  like  the  Central  Bureau  of  Investigation   (CBI)   or   Special
Investigation Team (SIT) or transfer of trial outside the State of U.P.,  it
is useful to refer the  principles  enunciated  by  this  Court  in  various
decisions:-

73)   In Common Cause, A Registered Society vs. Union of India  and  Others,
(1999) 6 SCC 667, while considering the scope and ambit of a  criminal  case
being tried or to direct an investigation by the CBI,  a  three-Judge  Bench
of this Court held as under:-

      “174. The other direction, namely, the direction to CBI to investigate
      “any other offence” is  wholly  erroneous  and  cannot  be  sustained.
      Obviously, direction for investigation can be given only if an offence
      is,  prima  facie,  found  to  have  been  committed  or  a   person’s
      involvement is prima facie established, but  a  direction  to  CBI  to
      investigate whether any person has committed an offence or not  cannot
      be legally given. Such a direction would be contrary  to  the  concept
      and philosophy of “LIFE” and “LIBERTY” guaranteed to  a  person  under
      Article 21 of the Constitution. This direction is in complete negation
      of various decisions of this Court in which the concept of “LIFE”  has
      been explained in a manner which has infused “LIFE” into  the  letters
      of Article 21.”

74)   In Secretary, Minor Irrigation & Rural Engineering Services, U.P.  and
Others  vs.  Sahngoo  Ram  Arya  and  Another,  (2002)  5  SCC  521,  again,
considering the power of the High Court  under  Article  226  to  direct  an
inquiry by the CBI, this Court held thus:

      “5. While none can dispute the power of the High Court  under  Article
      226 to direct an inquiry by CBI, the said power can be exercised  only
      in cases where there is sufficient material to come to a  prima  facie
      conclusion that there is a need for such inquiry. It is not sufficient
      to have such material in the pleadings. On the contrary,  there  is  a
      need for the High Court on consideration of such pleadings to come  to
      the conclusion that the material before it  is  sufficient  to  direct
      such an inquiry by  CBI.  This  is  a  requirement  which  is  clearly
      deducible from the judgment of this Court in the case of Common Cause.


75)   In State of West Bengal and Others vs.  Committee  for  Protection  of
Democratic Rights, West Bengal and Others, (2010) 3 SCC 571, a  Constitution
Bench of this Court while considering direction of High Court under  Article
226 or this Court  under  Article  32,  directing  the  CBI  to  investigate
cognizable offence in a State without the consent of the  State  Government,
explained  its  scope  and  permissibility.   Among  various  reasons,   the
direction in para 70 is relevant which is as under:

      70. Before parting with the case, we deem it  necessary  to  emphasise
      that despite wide powers conferred by  Articles  32  and  226  of  the
      Constitution, while passing any order, the Courts must  bear  in  mind
      certain  self-imposed   limitations   on   the   exercise   of   these
      constitutional powers. The very plenitude of the power under the  said
      articles requires great  caution  in  its  exercise.  Insofar  as  the
      question of issuing a direction to CBI to conduct investigation  in  a
      case is concerned, although no inflexible guidelines can be laid  down
      to decide whether or not such power should be exercised but  time  and
      again it has been reiterated that such an order is not to be passed as
      a matter of routine or  merely  because  a  party  has  levelled  some
      allegations against the local police. This extraordinary power must be
      exercised sparingly, cautiously and in exceptional situations where it
      becomes necessary to provide  credibility  and  instil  confidence  in
      investigations  or  where  the  incident   may   have   national   and
      international ramifications or where such an order  may  be  necessary
      for doing complete  justice  and  enforcing  the  fundamental  rights.
      Otherwise CBI would be flooded with a large number of cases  and  with
      limited resources, may find it difficult to properly investigate  even
      serious cases and in the process lose its credibility and purpose with
      unsatisfactory investigations.”

76)   With  these  principles,  let  us  test  whether  the  case  on  hand,
particularly, at this juncture is required to be entrusted to CBI or SIT  to
be formed with personnel from other States.

77)   Almost all the petitioners,  either  victims,  NGOs,  persons  hailing
from that region, prayed for an  independent  investigation  of  the  entire
incident relating to communal violence and the subsequent action  either  by
the Special Investigation Team (SIT) consisting  of  officers  from  outside
U.P. or by the independent Agency like CBI.  We have  already  referred  and
adverted to the grievance of various  group  of  persons,  organizations  as
well as the stand taken by the Union of India and specific  stand  taken  by
the State  of  Uttar  Pradesh  including  having  taken  appropriate  action
against the culprits, rehabilitation measures for the victims,  compensation
for the loss of properties, both movable and immovable, for  injuries,  both
simple and grievous, and fatal cases.  The State has  also  highlighted  the
steps taken in respect of rape victims due  to  the  communal  violence  and
rehabilitation measures for those victims.  In addition  to  the  same,  the
State has also highlighted the cases filed  against  the  persons  concerned
irrespective of their political affiliations, cases filed against  political
persons, either MLA/MPs and the status as on date.

78)   It is not in dispute that subsequent to the incident that  took  place
on 07.09.2013 and afterwards, in and around Muzaffarnagar,  a  large  number
of persons, particularly, villagers from within and neighbouring  districts,
fled from their homes out of fear  and  took  shelter  in  relief  camps  in
various villages of two districts of Muzaffarnagar and Shamli.  It  is  also
seen that total 58 camps  were  made  functional  of  which  41  camps  were
established in the district Muzaffarnagar and 17 in the district Shamli.

79)   The incidents of communal disturbance flared up  sometimes  on  flimsy
grounds blaming  one  community  to  other.   Whatever  may  be,  after  the
Mahapanchayat that took place on 07.09.2013, certain incidents such  as  eve
teasing of other community  girls  followed  by  murders  had  taken  place.
Further, inasmuch as thousands of people gathered at a particular  place  in
order  to  take  revenge  or  retaliate,  it  is  expected  by   the   State
intelligence agencies to apprise  the  State  Government  and  the  District
Administration in particular, to prevent  such  communal  violence.   Though
the Central Government even on day  one  informed  this  Court  through  the
Attorney General for India that all necessary  help,  both  financially  and
for maintaining law and order, had been provided to the State, there  is  no
authoritative information to  this  Court  whether  there  was  any  advance
intimation to the State about the communal violence.  Likewise,  though  the
State has enumerated several  aspects  in  the  form  of  eleven  compliance
reports, there  is  no  information  to  this  Court  whether  the  District
Administration was  sounded  about  the  proposed  action  between  the  two
communities.  Had the Central and State intelligence  agencies  smelt  these
problems  in  advance  and  alerted   the   District   Administration,   the
unfortunate incidents could have been prevented. Thus, we prima  facie  hold
the State government responsible for being negligent at  the  initial  stage
in not anticipating the communal violence and  for  taking  necessary  steps
for its prevention.

80)   At this juncture, viz., after a  period  of  six  months,  whether  an
agency other than the State is  to  be  directed  to  investigate  and  take
appropriate steps.  We have already noted various circumstances under  which
the court can entrust investigation to agency other than the State  such  as
SIT or CBI.  We have to keep in mind, as observed by the Constitution  Bench
referred to supra, that no inflexible guidelines can be laid down to  decide
whether or  not  such  power  should  be  exercised.   However,  this  Court
reiterated that such order is not to be passed as a  matter  of  routine  or
merely because a party has  levelled  some  allegations  against  the  State
police.   In  other  words,  this  extraordinary  power  must  be  exercised
sparingly,  cautiously  and  in  exceptional  situations  where  it  becomes
necessary to provide credibility or instill confidence in  investigation  or
where such  an  order  may  be  necessary  for  doing  complete  justice  in
enforcing the fundamental rights.  Apart from this,  immediately  after  the
occurrence, Writ Petition (Crl.) No. 155 of 2013 came to be  filed  in  this
Court even in the first week of September,  2013.   Pursuant  to  the  same,
this Court, after taking note of the importance of the  issues,  viz.,  many
people lost their lives and properties, sufferings of both  communities  and
children,  issued  various  directions  to  the  State   and   the   Central
Government.  We have already extracted those orders in the earlier  part  of
our judgment.

81)   It is relevant to note that based on various  orders  of  this  Court,
even after  the  incident,  the  State  itself  has  constituted  a  Special
Investigation Cell (SIC).  It is also brought to our notice that a total  of
566 cases are being investigated by the  SIC  and  after  noting  that  many
cases were false and many persons were wrongly named in the FIRs, 549  names
have been removed.  A total of 48 registered cases  have  been  found  false
and have been removed from the records.  It is also brought  to  our  notice
that names of 69 persons in murder cases have been  found  false  and  those
names have also been  removed  from  the  array  of  parties.   The  details
furnished by the State also show that  after  constitution  of  the  SIC  in
September, it inquired about all those  persons  who  had  fled  from  their
villages and had taken refuge  in  various  relief  camps  and  noted  their
problems by taking list of such persons staying in camps and  getting  their
mobile numbers.  The SIC also recorded the statements  of  the  complainants
and witnesses.  We have already referred to the  total  number  of  arrested
persons in communal violence in Muzaffarnagar and adjoining areas,  list  of
total surrendered accused in  the  investigated  cases,  number  of  persons
against whom action was taken due to communal  violence,  details  regarding
political persons, difficulties faced  by  the  District  Police  in  making
arrests, details regarding recovery of AK-47 and 9 MM cartridges in  village
Kirthal P.S. Ramola, District Baghpat.  They also placed the  details  about
the steps  taken  in  respect  of  case  Crime  No.  148  of  2013  (Fagana,
Muzaffarnagar)  and  403/2013  (Janath,  Muzaffarnagar).   In  the  list  of
persons, SIC  also  noted  community-wise  affiliation  of  their  political
parties etc.

82)   In respect of cases of rape, the State has  assured  this  Court  that
they are taking  effective  steps  to  apprehend  all  the  accused  and  in
providing security cover to the rape victims.  50 teams of police  personnel
have been constituted in order to arrest the accused  persons  in  rape  and
other cases.  The State has also filed details  and  progress  of  rape  and
molestation cases, statement of rape victims under Section 164 of  the  Code
etc.

83)   We have already noted that action had been taken  against  11  persons
under the provisions of  the  National  Security  Act  as  well  as  persons
belonging to various political parties.  The State has  also  furnished  the
details regarding 24 missing persons out of which 3 have been traced and  is
taking effective steps for tracing the remaining missing persons.

84)   In respect of murder cases, the  State  has  filed  a  separate  chart
showing the list of accused persons, verification of persons  concerned  who
were involved, list of surrendered  accused  in  murder  cases  as  well  as
various other steps for apprehending the remaining accused.  The  State  has
also highlighted that through  their  public  prosecutors/  counsel,  it  is
taking effective steps for cancellation of bail in those heinous  crimes  in
which persons involved have secured bail.

85)   In the light of various steps taken by the State, facts  and  figures,
statistics supported  by  materials  coupled  with  the  various  principles
enunciated in the decisions referred above, we are of the  view  that  there
is no need to either constitute SIT or entrust the investigation to the  CBI
at this  juncture.   However,  we  are  conscious  of  the  fact  that  more
effective  and  stringent  measures  are  to   be   taken   by   the   State
administration for which we are issuing several directions hereunder.


Victim Compensation in Rape Cases:

86)   As a long term measure to curb such crimes, a  large  societal  change
is required via education  and  awareness.   The  Government  will  have  to
formulate and implement policies  in  order  to  uplift  the  socio-economic
conditions of women, sensitization of police  and  other  concerned  parties
towards the need for gender equality and it  must  be  done  with  focus  in
areas where statistically there  is  higher  percentage  of  crimes  against
women.

87)   No compensation can be adequate nor can it be of any respite  for  the
victims but as the State has failed in protecting such serious violation  of
fundamental rights, the State is duty bound to provide  compensation,  which
may help in victims’ rehabilitation. The humiliation or the reputation  that
is snuffed out cannot be recompensed but then monetary compensation will  at
least provide some solace.
88)   In 2009, a new Section 357A was introduced in the Code which  casts  a
responsibility  on  the  State  Governments   to   formulate   Schemes   for
compensation to the victims  of  crime  in  coordination  with  the  Central
Government whereas, previously, Section 357 ruled the field  which  was  not
mandatory  in  nature  and  only  the  offender  can  be  directed  to   pay
compensation to the victim under this Section.  Under the new Section  357A,
the onus is put on the District  Legal  Service  Authority  or  State  Legal
Service Authority to determine the quantum of  compensation  in  each  case.
However, no rigid formula can be evolved as to have  a  uniform  amount,  it
should vary in facts and circumstances  of  each  case.   Nevertheless,  the
obligation of the State does not  extinguish  on  payment  of  compensation,
rehabilitation of victim  is  also  of  paramount  importance.   The  mental
trauma that the victim suffers due to the commission of such heinous  crime,
rehabilitation becomes a must in each and every case.

89)   Considering the facts and circumstances of these cases, we are of  the
view that the victims in the given case should be  paid  a  compensation  of
Rs.  5  lakhs  each  for  rehabilitation  by  the  State  Government.    We,
accordingly, direct the State Government to make payment of Rs. 5 lakhs,  in
addition to various other benefits, within 4 weeks from today.  Further,  we
also wish to clarify that,  according  to  Section  357B,  the  compensation
payable by the State Government under Section 357A shall be in  addition  to
the payment of fine to the victim under Section 326A or Section 376D of  the
IPC.

Directions relating to rape cases:

90)   We have already noted various steps taken by the State in  respect  of
rape  cases.   In  addition   to   the   same,   in   the   light   of   the
apprehensions/grievance expressed by the learned counsel for the  petitioner
in W.P. (Crl.) No. 11 of 2014, we issue the following directions:

  1)  The SIC is directed to arrest and produce before the  Court  all  the
  persons concerned in respect of petitioners in W.P. (Crl.) No. 11 of 2014
  as well as other affected victims within a time-bound manner.   They  are
  also directed to record the statement of the victims under Section 164 of
  the Code before a lady Magistrate even if they had made a  statement,  if
  they desire to make additional statement, the same  may  be  recorded  as
  requested.

  2)  The security cover provided to rape victims as furnished before  this
  Court shall  continue  till  they  desire  or  completion  of  the  trial
  whichever is later.

  3)  The victims of rape who are parties in W.P. (Crl.) No. 11 of 2014  as
  well as other rape victims are to be paid compensation  of  Rs.  5  lakhs
  each, in addition to various other  benefits,  by  the  State  Government
  within a period of 4 weeks from today.

  4)  The State is also directed to provide other financial  assistance  as
  well as any other scheme applicable to them for their betterment  and  to
  continue their normal avocation.

Directions regarding other offences including murder:

  1)   Sincere  efforts  shall  be  made  to  apprehend  all  the   accused
  irrespective  of  political  affiliation  and  produce  them  before  the
  appropriate court.

  2)  The particulars furnished by the State in respect of criminal  action
  taken against political persons shall be continued by placing  acceptable
  materials before the court concerned.

  3)  The reason given by the State Police that whenever efforts were  made
  to arrest the persons involved, women folk of their village form a  human
  chain and block the police in execution of their work is unacceptable and
  untenable.  If there is reliable material against a  person  irrespective
  of the community or religion, the police have to take sincere efforts  in
  arresting those persons and produce  them  before  the  court  concerned.
  There shall not be any let up and upon failure on the part of the police,
  action will be taken against the  officers  concerned.   The  victims  or
  aggrieved  persons  are  free  to  move  such  application   before   the
  jurisdictional court.

  4)  In respect of recovery of AK-47, 9 mm cartridges in village  Kirthal,
  the police have to identify the persons  concerned  and  proceed  against
  them under the provisions of IPC and Arms Act.

  5)  In respect of Case Crime No. 148/2013, P.S. Fugana,  Case  Crime  No.
  403/2013,  404/2013  P.S.  Jansath,  more  efforts  must  be  taken   for
  apprehending all the genuine accused and to produce them before the court
  for further action.

  6)  The investigating authorities should eschew communal bias and proceed
  against all the offenders irrespective  of  their  caste,  community  and
  religion.

  7)  In the case of murders, the  police  must  take  sincere  efforts  to
  identify  and  arrest  the  real  culprits  within  a  time-bound  manner
  preferably within a period of two months and report the same  before  the
  jurisdictional court concerned.

  8)  In heinous crimes, including murder cases, if any of the real accused
  was  granted  bail,  as  assured  before   this   Court,   the   District
  Administration has to take effective steps for cancellation of their bail
  in appropriate cases.

  9)  As assured before this Court, the persons  concerned  in  the  higher
  level to follow the letters issued to various  government  counsel/police
  officers/I.O. for apprehending the  real  accused  and  re-arresting  the
  released persons by getting appropriate orders from the court concerned.

  10)      The authorities concerned  should  continue  to  take  effective
  steps to locate the missing persons.

Financial Assistance/Rehabilitation measures:

  1)  Children who died in the violence as well as in the camps due to cold
  weather conditions shall be compensated  to  their  parents  as  that  of
  others.

  2)  The State is directed  to  identify  the  left  out  injured  persons
  (simple/grievous), next kin of the deceased  who  died  in  the  communal
  violence and settle the compensation agreed to  before  this  Court  (Rs.
  10,00,000 +                     Rs. 3,00,000 + Rs. 2,00,000 =  Total  Rs.
  15,00,000).  It is also directed to settle compensation for  the  damages
  caused to movable/immovable properties of the person concerned due to the
  violence if they have not already received the same.  Any of the  victims
  referred above such as  rape  victims  and  the  family  members  of  the
  deceased who died in the violence, if they have not received  any  amount
  so  far,  they  are  permitted  to  make  proper   application   to   the
  local/district authority concerned within a  period  of  one  month  from
  today.  If any such application is made, the  authorities  concerned  are
  directed to verify and after satisfaction  settle  the  eligible  amounts
  within a period of one month thereafter. The District  Administration  is
  also directed to implement Rani Lakshmibai  Pension  Yojana  to  eligible
  persons and consider the case of persons who were left out  or  who  have
  not made any such application till this date.  Any  of  the  victims,  if
  need arise, may also approach the District Legal Services  Authority  and
  the DLSAs are directed to provide necessary help to the  victims  in  the
  light of various directions referred above.

  3)  For any reason, after receipt of Rs. 5 lakhs those who want to settle
  to other places than the place of occurrence after change of mind and  in
  order to join their relatives and friends in the village/place where they
  lived at the time of violence, are permitted to resettle, in that  event,
  the State is directed not to recover the amount already  paid.   However,
  the State is free to ascertain the genuineness of those persons concerned
  in  their  effort  to  resettle  in  the  same   place.    The   District
  Administration has to make all endeavours for their  peaceful  return  to
  the same place in order to continue the same avocation along  with  their
  relatives and friends.

  4)  The officers who have grievance about their  transfer  on  vindictive
  ground from the district concerned to far away places are free to make  a
  representation to the competent authority within a period  of  one  month
  from today.  If any such representation  is  made  and  if  the  same  is
  acceptable, the competent authority is directed to take a fresh decision.



  5)  Adequate compensation should be paid to the farmers  who  lost  their
  source of livelihood, namely, tractors, cattles, sugarcane crops etc.  In
  this category, the farmers who were yet to get compensation for the  same
  are permitted to make  a  representation  within  one  month  from  today
  supported by materials to the local/district administration.  If any such
  representation is made, the same shall be  considered  and  disposed  off
  within a period of one month thereafter.

91)   Finally, we reiterate that it  is  the  responsibility  of  the  State
Administration in association with the intelligence agencies of  both  State
and Centre to prevent such recurrence of communal violence in  any  part  of
the State.  It is made clear that the officers responsible  for  maintaining
law and order, if found negligent, should be brought under the ambit of  law
irrespective  of  their  status.   It  is  important  that  the  relief,  as
enumerated above, not only be provided to all  needy  families  irrespective
of their religion but it should also be provided to only genuinely  affected
families.

92)   With the above directions, we dispose of  all  the  matters  including
the intervention applications.  However, the affected persons, if they  come
across any impediment in implementing the above  directions,  are  permitted
to highlight their grievance by filing application before this Court in  the
above matters after a period of two months from today.   It  is  made  clear
that  only  after  exhaustion  of  efforts  with  the  District  authorities
concerned, they  are  permitted  to  file  such  application  in  the  above
disposed off matters.  In those cases which have  not  been  transferred  to
this Court and are still pending before the High  Court  of  Allahabad,  the
parties are free to move  the  High  Court  for  disposal  of  the  same  in
accordance with the above directions.



                                                          ……….…………………………CJI.

                                  (P. SATHASIVAM)


                             ……….……………………………J.

                                  (RANJANA PRAKASH DESAI)


                                  ……….……………………………J.

                                  (RANJAN GOGOI)

NEW DELHI;
MARCH 26, 2014.
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