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.
-----------------------
1
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.=
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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