According to
prosecution, Police, PAC and the Army had run a search operation during Meerut riots in the month
of Ramzaan on 22nd March,1987 at Hashimpura Mohalla in
front of Gulmarg Cinema on Hapur road and arrested around 50 persons of a
particular community and took them in trucks to Police Line. After sunset, PAC
personnel took the trucks to Ganga Cannal in Murad Nagar. Here the PAC shot
them dead one by one and dumped their dead bodies in canal. Hearing the
sound of bullets, other youths sitting in a truck tried to rebel but the PAC
open fired them with bullets. After the mass execution the truck was taken to Hindon River
in Ghaziabad
and the dead bodies were thrown into the River. Few of those who were shot
survived. Babudin, one of the survivors, reached Link Road Police Station and
lodged a report. Only after that Hashimpura incident came into the limelight.
The death of 42 innocents was an example of horrifying killing in custody. And
even the judgment that came after 28 years is very disappointing where all the accused are let free due to the inability of the witnesses to
identify the accused. This court decision that came after 28 years can be
called a distortion of justice. The reason of saying this is not to question
the intention of the Judiciary system in India . The courts depend on facts
and proof for delivering justice, which are to be firmly submitted to the court
by the search agencies. If 28 years ago the case has not been boldly build to
give justice to the deceased 42 people then it is the fault of intentional
sluggishness in investigation or the uselessness of CID. The court
released all the accused due to the failure of all the five witness to
recognize the culprits. It is to be considered that all the five
witnesses were the people who were allegedly taken prisoner with the other 42
people by the police. When the final judgment came at 3.30 pm on Saturday, thousands of people here were taken
aback. People were expecting that the accused will face strict punishment but
nobody ever expected that they will be released due to lack of evidence. Some
people believed that at least the accused will get lifelong imprisonment. The
devastated families regarded the Government as well as administration
responsible in this matter and said that they will keep up their fight for
justice. They will knock the doors of High Court. In the regime of Government,
administration and justice, we will get very less examples of such incidences
where in-between communal animosity the police arrest some innocent people and
then kill them one by one in the darkness of the night. Such a barbaric act can
be compared to Nazi and Hitler Regime or to the recent manslaughter in cast
wars in Bathani Tola, Lakshmanpur Bathe and Shankar Bigha areas of Bihar, where
the weaker section of the society have been repeatedly attacked by bullets of
the elite casts. The Hashimpura case has happened not in some remote place but
only within 50 to 60 kilometers from the country’s Capital. The massacre that
pressed the then Prime Minister Rajiv Gandhi to come to Hashimpura, the then
ruling congress party had insisted to give this case to CID for investigation
instead of the CBI. If the case had been properly investigated then today the
situation would have been absolutely different. If CID could not find the
uniformed culprits and punish them then it showcases its incompetence or its
bad intentions. Anyway this judgment can impart a wrong message. Country’s
internal and external enemies can try to cite this decision and manipulate a
certain community. But the truth is that such incident occurred not due to the
support or non support of a certain community but due to the flaws of the
system. This decision has underlined the implication of sluggishness of
the law and the need of improvement of the Police force. Until the flaws
in the Police and Judiciary system are removed, the fear of such decisions will
remain which will make a jest of justice. Undoubtedly the doors of upper courts
are open to the unfortunate families of Hashimpura but such incidences where a
minority community is targeted and then the investigation is handled with a
slack, gives a wrong image of such a country which is proud of its democratic
rule and law and order.
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