By TwoCircles.net staff reporter
Lucknow: UP govt. have assured that it will remove the Special Public Prosecutor attending to the Hashimpura case. 250 postcards from Hashimpura residents addressed to Ms. Mayawati, Chief Minister of UP urge action to remove the SPP.
A delegation consisting of former VC of Lucknow University Prof. Roop Rekha Verma, Magsaysay award winner and social worker Dr. Sandeep Panday, Madhavi Kukreja, Arundhati Dhuru and journalist Nasiruddin Haider Khan met the Principal Secretary (Home) of UP, Dr. J. N. Chambers Tuesday evening. Delegation expressed its concerns at the slow progress of the case and justice being denied for more than 20 years. Two petition signed by eminent personalities of India was given to Dr. Chambers.
One petition asked for the removal of Special Public Prosecutor Mr. Surinder Adlakha. The petition signed by Kuldip Nayar, Surendra Mohan, Teesta Setalvad, Mukul Sharma, Johnd Dayal, Salim Kidwai, Sanjay Kak among others. These eminent Indians called the performance of Mr. Adlakha as “very unsatisfactory” since his appointment. He was appointed by the previous U.P. government about 3 years ago.
The families of Hashimpura victims allege that the SPP has failed to prosecute this case effectively and rigorously. In fact, on July 31st 2006, the SPP was fined Rs. 5000 for failure to appear in the court for hearing. On many occasions the N.P.Kaushik, the presiding judge had verbally remarked that the SPP was not sufficiently prepared with his brief and was not familiar with documents on the case file, allege the petition.
Dr. J. N. Chambers have promised to replace the SPP, according to the delegation members. He is reported to have said that justice will be done and it will be expedited and that UP govt. is committed to the cause of justice. He has promised to ask Registrar General for expedition of this case. Dr. Chambers also promised to look into the CBCID investigation report and if there are not technical issues then it will be made public, he assured the delegation members.
In another petition delegation members urged the government to immediately dismiss 16 PAC men who have been accused for cold blooded murder of 43 Muslim men. All are being currently prosecuted in a Delhi
19 PAC men (paramilitary force of UP) have been accused of killing 43 Muslim men in Hashimpura, Meerut on 22nd May 1987. This is the worst instance of communally motivated custodial killings of independent India.
This case has dragged on for 20 years, none of the accused PAC men were dismissed from the job. 3 of the 19 charge-sheeted by CBCID have since died.
The petitions:
To
Ms. Mayawati
Hon’ble Chief Minister
Uttar Pradesh
Lucknow
Subject: Change of Special Public Prosecutor for the Hashimpura trial
On 22nd May 1987, the Provincial Armed Constabulary (PAC) arrested about 50 Muslim men from Hashimpura, Meerut and took them in a PAC truck to Upper Ganga canal and Hindon canal. There the 19 accused PAC men shot dead these innocent Muslim men and disposed off there bodies in the canals.
This is the worst case of communally motivated custodial killings in independent India. It is a matter of national shame that even after 20 years the guilty PAC men have not been punished. The present petition is an appeal from concerned citizens to the State to demonstrate its commitment to justice through rigorous prosecution of the PAC accused men.
In 1996 nine years after the attack, 19 PAC accused were charge sheeted by the CBCID for the mass killing of 43 men. Since the accused obstructed and delayed the case in Ghaziabad Court, U.P., the Supreme Court in 2002, finally transferred the case to Delhi. In 2006 charges of conspiracy to murder, attempt to murder, tampering with evidence etc. were framed against all the PAC accused.
16 surviving accused PAC men are now facing trial in the court of Shri H.S.Sharma, ASJ Delhi. Four eyewitnesses who survived this brutal massacre have courageously given evidence before the Trial Court. The Prosecution has cited 164 witnesses and after more than 20 years only the 4th Prosecution witness is being examined.
The previous U.P. Government had appointed Mr. Surinder Adlakha as the Special Public Prosecutor (SPP) for the Hashimpura trial, in Tis Hazari Court, Delhi. The performance of Mr. S. Adlakha over the last 3 years has been very unsatisfactory. Even the Court found his approach so casual that on 31.07.2006 the Hon’ble Trial Judge Shri N.P.Kaushik imposed a cost of Rs. 5000/- on the State of UP as the SPP failed to appear in the court for the hearing. The victim families of Hashimpura who attend the Court regularly are of the considered opinion that the SPP is not prosecuting this case effectively and rigorously. The victim families are extremely apprehensive that in a case where they are pitted against such powerful accused, the manner in which the prosecution is being conducted presently, the accused would get away with mass murder. On many occasions the Court of Shri N.P.Kaushik had verbally remarked that the SPP was not sufficiently prepared with his brief and was not familiar with documents on the case file.
A fair and effective prosecution is an important element of a fair trial. To maintain public confidence in the administration of justice and uphold the rule of the law it is essential that a Special Public Prosecutor of high professional standards and impeccable integrity be urgently appointed.
We urge that a new Special Public Prosecutor be urgently appointed for the case titled State vs. Surendra Pal Singh and others, pending in the Court of Shri H.S. Sharma, A.S.J. Delhi. The next date of hearing for recording of prosecution evidence is 13-16th November 2007.
Justice delayed should not become a case of justice denied for the victims of Hashimpura.
Sincerely
Name , Organisation/ Profession
Kuldip Nayar, Former Member of Parliament
Surendra Mohan, Former Member of Parliament
Pushkar Raj, for Peoples Union for Civil Liberties (PUCL)
Madhu Bhaduri , Former Ambassador of India
Teesta Setalvad , Co Editor Communalism Combat
Mukul Sharma , Director, Amnesty International India
Meenakshi Ganguly, Researcher, South Asia, Human Rights Watch
Dr. John Dayal, Member, National Integration Council, Govt. of India
Harsh Mander , Columnist/ social activist
Kirity Roy, President Bangla Manbadhikar Suraksha Manch (MASUM) Kolkata
Laxmi Murthy, Network of Women in Media (Co- national Coordiantor)
Tapan Bose, Secy. Gen. South Asia Forum for Human Rights
Prakash Rao , Convenor, Lok Raj Sangathan
Ningreichon, Covenor Naga Peoples Movement for Human Rights (NPMHR)
Arun Kumar, Prof. J.N.U. Delhi
Nandini Sundar , Prof. Delhi University
Nivedita Menon , Reader, Delhi University
Aditya Nigam , Fellow CSDS, Delhi
Amit Bahaduri, Former Prof. JNU, Delhi
Dr. Imrana Qadeer, Former Prof. JNU, Delhi
S.R. Kidwai , Former Prof. JNU, Delhi
Pratiksha Baxi , Assistant Professor, JNU, Delhi
Uma Chakravarti , Historian
Dilip Simeon , Fellow Nehru Memorial Library, Delhi
Sarda Balagopalan, Fellow CSDS Delhi
Shohini Ghosh , Film maker, Reader Jamia Millia University, Delhi
Kavita Panjabi , Reader, Jadavpur University, Kolkata
Professor Sushil Khanna, Kolkata
Professor Nirmal Chandra , Kolkata
Professor Mritinjoy Mohanty , Kolkata
Rajashri Dasgupta , Journalist, Kolkata
Kaushik Ghosh , University of Texas, USA
Dunu Roy , Director, Hazard Centre
Urvashi Butalia , Author and founder Zubaan publishing
Aseem Shrivastava , Independent Researcher /Columnist
Saba Dewan , Independent Film maker, Delhi
Sanjay Kak , Independent Film maker, Delhi
Amar Kanwar , Independent Film maker, Delhi
Shuddhabrata Sengupta , Raqs Media Collective/ Sarai, Delhi
Lalit Batra , Independent researcher, Delhi
Nagraj Adve , Social activist, Delhi
Bikram Jeet Batra , Advocate, Delhi
Salar M.Khan, Advocate, Delhi
Sukla Sen ,Ekta (Committee for Communal Amity)Mumbai
Gautam Sen
Jamal Kidwai , Delhi
Sudhir Pattnaik , Journalist, Orissa
Maulana Mohd. Yamin ,Convenor, Legal Advisory Committee, Hashimpura, Meerut
Dr. Harpal Singh , Member, Legal Advisory Committee, Hashimpura, Meerut
Apporvanand, Reader, Delhi University
Farha Naqvi, Journalist/ Activist
Kamal Mitra Chinoy, Professor, JNU
Anuradha Chinoy, Professor, JNU
Kashif-ul-Huda, Journalist
RoopRekha Verma, Saajhi Duniya
Sandeep Pandey, Magasassy award winner
Arundahti Dhuru, NAPM
Mamta Singh, Hamsafar support centre for Women
Jashodhara, Health Watch UP
Shahira Naim, Journalist
Mahendra, Masvaw
Dr. Sharib Rudaulvi, Ex Professor, JNU
Nishi Mehrotra, ERU
Jasveer Ahluwalia, Activist
Niti Saxena, AALI
Shakeela, Aghjaz-e-Insaf
Rakesh, IPTA
Dr. Naseem Iqtedar Ali,
Maheshwari, Vanangna
Hameeda, JanVikas
Madhavi Kuckreja, Activist
Nasiruddin, Journalist/Activist
To
Ms. Mayawati
Hon’ble Chief Minister
Uttar Pradesh
Lucknow
Subject: Immediate dismissal of PAC men charged with murder of 43 Muslim men, Hashimpura, Meerut, 22nd May 1987
We would like to draw your attention to the continuing impunity enjoyed by the perpetrators, of what ranks as the worst instance of communally motivated custodial killings in independent India – the murder of over 43 Muslim men of Hashimpura Meerut by the Provincial Armed Constabulary (PAC) on 22nd May 1987. It is shocking that even after 20 years not one of the 19 PAC accused have been dismissed from service for these mass killings. Information received through RTI applications reveals that no departmental enquiry was ever conducted against the accused by the PAC.
A Delhi court has framed charges against all the PAC accused for participating in a criminal conspiracy to commit mass murder and they are being prosecuted for the same.
The present Government had upon assuming office promised the people of Uttar Pradesh that it would ensure that rule of law is observed in the State, that all are equal before the law and that no form of police brutality or highhandedness would be tolerated. For the confidence and faith of the people of Uttar Pradesh to be restored it is essential that all the surviving 16 PAC accused men be dismissed immediately under Article 311(2)(b) of the Indian Constitution. This will send a clear signal to the people that the U.P. Govt believes in protecting the lives of the Muslims and ensuring that the guilty are punished.
A list of the PAC accused men is enclosed. 3 accused PAC men have since died.
Sincerely
Name , Organisation/ Profession
Kuldip Nayar, Former Member of Parliament
Surendra Mohan , Former Member of Parliament
Pushkar Raj , for Peoples Union for Civil Liberties (PUCL)
Madhu Bhaduri , Former Ambassador of India
Teesta Setalvad, Co Editor Communalism Combat
Mukul Sharma, Director, Amnesty International India
Meenakshi Ganguly , Researcher, South Asia, Human Rights Watch
Dr. John Dayal, Member, National Integration Council, Govt. of India
Harsh Mander, Columnist/ social activist
Kirity Roy, President Bangla Manbadhikar Suraksha Manch (MASUM) Kolkata
Laxmi Murthy, Network of Women in Media (Co- national Coordiantor)
Tapan Bose, Secy. Gen. South Asia Forum for Human Rights
Prakash Rao , Convenor, Lok Raj Sangathan
Ningreichon, Covenor Naga Peoples Movement for Human Rights (NPMHR)
Arun Kumar, Prof. J.N.U. Delhi
Nandini Sundar , Prof. Delhi University
Nivedita Menon , Reader, Delhi University
Aditya Nigam , Fellow CSDS, Delhi
Amit Bahaduri , Former Prof. JNU, Delhi
Dr. Imrana Qadeer , Former Prof. JNU, Delhi
S.R. Kidwai , Former Prof. JNU, Delhi
Pratiksha Baxi , Assistant Professor, JNU, Delhi
Uma Chakravarti , Historian
Dilip Simeon , Fellow Nehru Memorial Library, Delhi
Sarda Balagopalan , Fellow CSDS Delhi
Shohini Ghosh , Film maker, Reader Jamia Millia University, Delhi
Kavita Panjabi , Reader, Jadavpur University, Kolkata
Professor Sushil Khanna , Kolkata
Professor Nirmal Chandra, Kolkata
Professor Mritinjoy Mohanty , Kolkata
Rajashri Dasgupta , Journalist, Kolkata
Kaushik Ghosh , University of Texas, USA
Dunu Roy , Director, Hazard Centre
Urvashi Butalia , Author and founder Zubaan publishing
Aseem Shrivastava , Independent Researcher /Columnist
Saba Dewan , Independent Film maker, Delhi
Sanjay Kak , Independent Film maker, Delhi
Amar Kanwar , Independent Film maker, Delhi
Shuddhabrata Sengupta , Raqs Media Collective/ Sarai, Delhi
Lalit Batra , Independent researcher, Delhi
Nagraj Adve , Social activist, Delhi
Bikram Jeet Batra , Advocate, Delhi
Salar M.Khan , Advocate, Delhi
Sukla Sen ,Ekta (Committee for Communal Amity)Mumbai
Gautam Sen
Jamal Kidwai , Delhi
Sudhir Pattnaik , Journalist, Orissa
Maulana Mohd. Yamin, Convenor, Legal Advisory Committee, Hashimpura, Meerut
Dr. Harpal Singh , Member, Legal Advisory Committee,Hashimpura, Meerut
Apporvanand, Reader, Delhi University
Farha Naqvi, Journalist/ Activist
Kamal Mitra Chinoy, Professor, JNU
Anuradha Chinoy, Professor, JNU
Kashif-ul-Huda, Journalist
RoopRekha Verma, Saajhi Duniya
Sandeep Pandey, Magasassy award winner
Arundahti Dhuru, NAPM
Mamta Singh, Hamsafar support centre for Women
Jashodhara, Health Watch UP
Shahira Naim, Journalist
Mahendra, Masvaw
Dr. Sharib Rudaulvi, Ex Professor, JNU
Nishi Mehrotra, ERU
Jasveer Ahluwalia, Activist
Niti Saxena, AALI
Shakeela, Aghjaz-e-Insaf
Rakesh, IPTA
Dr. Naseem Iqtedar Ali,
Maheshwari, Vanangna
Hameeda, JanVikas
Madhavi Kuckreja, Activist
Nasiruddin, Journalist/Activist