REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO. 155 OF 2013 Mohd.

Haroon & Ors. Versus Union of India & Anr. WITH WRIT PETITION (CRL.) NOS. 158, 1 5, 1!0, 1!1, 1!", 181 1" , 20 OF 2013, WRIT PETITION (CRL.) NO. 11 OF 201# CONTEMPT PETITION (CRL.) NO.$$$$.OF 201# (D13!2) IN WRIT PETITION (CRL.) NO. 155 OF 2013 TRANSFERRED CASE (CI%IL) NOS. 123, 12# AND 125 OF 2013, TRANSFER PETITION (CI%IL) NOS. 1!50, 1825, 182 , 182!, 1828, 182", 1830 OF 2013 AND SPECIAL LEA%E PETITION (CI%IL) NO. 35#02 OF 2013 .... Respondent(s) .... Petitioner (s)

JUDGMENT
P.S&'(&)*+&,, CJI. 1) These writ petitions and other connected atters re!ate

to the riots that "ro#e out on the fatefu! da$ of %&.%'.(%1). The riots erupted in and around *istrict Mu+affarna,ar- Uttar Pradesh as a resu!t of co una! tension pre.ai!in, in the

cit$- which wrec#ed !i.es of a !ar,e nu "er of peop!e who

1 Page 1

f!ed fro

their ho es out of an/iet$ and fear.

()

It is asserted in these petitions that the co

una! riot

erupted in Mu+affarna,ar- 0ha !i and its ad1oinin, rura! areas after a Mahapancha$at which was or,ani+ed "$ the 2at co unit$ at 3a,!a cit$ Mandauron (% # s In awa$ the fro said

Mu+affarna,ar

%&.%'.(%1).

Mahapancha$at- o.er 1.4 !a#h persons fro

Uttar Pradesh-

Har$ana and *e!hi participated to oppose the incident which was occurred on (&.%5.(%1) in 6awa! .i!!a,e under 2ansath Tehsi! of Mu+affarna,ar "ecause of which .io!ence "ro#e out "etween two co unities and three $ouths were #i!!ed fro

"oth sides in the wa#e of a tri.ia! incident which had occurred ear!ier and the who!e incident was ,i.en a co una! co!our to incite passion.

))

It is the c!ai

of the petitioners herein that the !oca!

ad inistration instead of enforcin, the !aw a!!owed the con,re,ation not on!$ to ta#e p!ace- ne,!i,ent!$ and perhaps with certain a ount of co p!icit$- "ut a!so fai!ed to onitor

its proceedin,s. It is asserted in the petitions that since (&.%5.(%1) ore than (%% Mus!i s ha.e "een "ruta!!$ #i!!ed

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and around 4%% are sti!! 4% .i!!a,es of the 2at co Mus!i co unit$ is in

issin, in the spurt of the incident in unit$ do inated areas where the inorit$. It is the stand of the ore than 7%-%%%

petitioners that in the re ote .i!!a,es persons ha.e as#ed to

i,rated under threat and ha.e "een forci"!$

o.e out of the .i!!a,e otherwise the$ wou!d "e an$ thousand persons

#i!!ed. It is further a!!e,ed that

inc!udin, infants- chi!dren- wo en and e!der!$ are without food and she!ter in .arious .i!!a,es- and no faci!ities are "ein, ade a.ai!a"!e "$ the ad inistration. 8esides thisunitions ha.e It is a!so unities are ade9uate

hu,e i!!e,a! and unauthori+ed ar s and a

"een reco.ered in and around Mu+affarna,ar. pointed out that the disp!aced persons of a!! co co pe!!ed to !i.e in she!ter ca ps where

arran,e ents are "eco in, the pro"!e

of sur.i.a!.

7)

:onse9uent!$- se.era! writ petitions- under Artic!e )( of

the :onstitution- were fi!ed "$ .arious indi.idua!s;0upre e :ourt 8ar Association;3<Os see#in, for an inc!usi.e

protection for each .icti

whose funda enta! ri,hts ha.e

"een infrin,ed in the said riot "$ pra$in, for nu erous reha"i!itati.e- protecti.e and pre.enti.e easures to "e
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adhered to "$ "oth the 0tate and the :entra! <o.ern ent.

4)

There are .arious -./'0&1&2234&'*./) a"out the actua!

occurrence and reasons attri"uted to the cause "$ different co unit$ peop!e. It is re!e.ant to point out that an unit$ has a!so approached

association representin, 2at co

this :ourt hi,h!i,htin, their stand. It is stated that on the pressure of the other ,roup- innocent persons are "ein, pic#ed up and are "ein, incorporated in the =IR without conductin, an$ in9uir$ and the$ are "ein, arrested for none of their fau!ts. Thus- it is the stand of the petitioners in this petition that the 0tate has fai!ed in its dut$ to ensure the securit$ in the area.

>)

It is a!so pointed out that the 0tate <o.ern ent unit$ officers a!one fro the

transferred the 2at co

districts of Mu+affarna,ar and 0ha !i to other parts of the 0tate. It is their c!ai the that in order to re o.e the inds of the 2at co unit$ peop!e- it

apprehension fro

is desira"!e either to entrust the in.esti,ation to the :8I or to constitute 0IT co prisin, persons fro Uttar Pradesh. The$ a!so outside the 0tate of pra$ed for

predo inant!$

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re,istration of =IRs a,ainst a!! cu!prits inc!udin, powerfu! persons.

&)

0i i!ar petitions were a!so fi!ed in the Hi,h :ourt of

A!!aha"ad. In .iew of the si i!arit$ of the issues in.o!.ed in these petitions- .i+.- reasons for such .io!ence- reha"i!itation easures- co pensation for the !oss of !i.es and propertiesaction a,ainst offenders;cu!prits- a!! the atters pertainin, to

the said incidents fi!ed in the Hi,h :ourt of A!!aha"ad were directed to "e transferred to this :ourt "$ order dated 1'.%'.(%1).

W0*' P3'*'*./ 530'&*/*/4 '. R&53 C&)3)

5)

0erious a!!e,ations ha.e "een

ade a,ainst the 0tate

Po!ice for not pro.idin, ade9uate securit$ to wo en which resu!ted in se.era! rapes "ein, co co itted durin, the said

una! .io!ence. The petition a!so hi,h!i,hts the inaction

on the part of 0tate Po!ice a,ainst the rea! cu!prits and the indifferent attitude towards the .icti ?s reha"i!itation and securit$.

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')

Rape .icti s (0e.en) fi!ed @rit Petition (:ri ina!) 3o.

11 of (%17 for protection of their ri,ht to !ife under Artic!e (1. A!! the petitioners "e!on, to the inorit$ co unit$ who en una!

were "ruta!!$ ,an, raped and se/ua!!$ assau!ted "$ "e!on,in, to the other co unities durin, the co

.io!ence in Mu++afarna,ar and ad1acent districts.

It is the

assertion of the petitioners in this petition that their ho es were destro$ed and the$ were rendered ho e!ess with no roof o.er their heads- the$ !ost their earnin,s and it has "eco e difficu!t for the the se!.es. to ta#e care of their chi!dren and

1%) It is further p!eaded that due to the sti, a attached to the .icti s of se/ua! .io!ence- the a,on$ of ,an, rape and !oo in, fear of future assau!t- the petitioners were una"!e to pro pt!$ report the cri e of ,an, rape co itted a,ainst

the . It is the stand of the petitioners that the$ had "een disp!aced fro their .i!!a,es- na e!$- .i!!a,e =u,ana and

.i!!a,e Aa#h- hence- the$ cou!d not ,o to the po!ice station to !od,e the co p!aint of ,an, rape. It was further su" itted that in these circu stances- the de!a$ on the part of the petitioners in !od,in, =IR is reasona"!e and does not- in an$
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wa$- i pact on the .eracit$ of their co p!aints of ,an, rape.

11) It is further stated "$ the petitioners that after re,istration of =IR under 0ection 147 of the :ode of :ri ina! Procedure- 1'&)- (in short Bthe :ode?) and recordin, of state ents under 0ection 1>1- the !aw prescri"es that under 0ection 1>7(4A) of the :ode- for a!! se/ua! offences inc!udin, cri e of rape- the po!ice sha!! ha.e the state ent of the wo an a,ainst who the offence has "een co itted

recorded "efore a 2udicia! Ma,istrate as soon as the co ission of offence is "rou,ht to the notice of the po!ice.

It is stated that e.en thou,h Petitioner 3os. 1- )- 7- 4 and > had !od,ed the =IRs in 0epte "er- (%1) and Petitioner 3o. ( had !od,ed the =IR in ear!$ Octo"er- (%1)- the po!ice de!i"erate!$ and with mala fide intention dra,,ed the in.esti,ation. Their state ents under 0ection 1>7(4A) of the :ode were recorded as !ate as in *ece "er- (%1) after the de!a$ of a! ost three onths.

1() It is a!so hi,h!i,hted that 0ection 1>7A of the :ode pro.ides for edica! e/a ination of the rape .icti and

casts a statutor$ dut$ upon the po!ice to send the wo an

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a#in, the co p!aint of rape to a re,istered practitioner within twent$ four hours fro recei.in, infor ation re,ardin, the co offence. In the case of the

edica!

the ti e of

ission of such an in direct

petitioners-

contra.ention of this !e,a! pro.ision- the po!ice #nowin,!$ de!a$ed their edica! e/a ination. The petitioners are a!! edica!

arried wo en ha.in, chi!dren- hence- their

e/a ination a! ost (%C7% da$s after the incidents of ,an, rape is un!i#e!$ to pro.ide an$ perpetrated e.idence. It is

further pointed out that the petitioners were ,an, raped on %5.%'.(%1) whereas the edica! e/a ination was conducted

"etween ('.%'.(%1)C15.1%.(%1).

1)) In the case of Petitioner 3o.&- in spite of specific infor ation- there is no reason as to wh$ =IR was not re,istered. It was on!$ durin, the hearin, "efore this :ourton 1).%(.(%17- when the counse! for Petitioner 3o.& handed o.er the cop$ of the co p!aint to the counse! for the 0tatean =IR was re,istered on 15.%(.(%17

17) =urther- it is the ,rie.ance of the petitioners that =IRs of a!! the petitioners were re,istered under 0ection )&>* of the

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Indian Pena! :ode- 15>% (in short Bthe IP:?) a specific pro.ision re!atin, to ,an, rape. Thou,h 0ection )&>(()(,) of the IP: is s9uare!$ app!ica"!e to the cri es of ,an, rape that ha.e "een co co itted a,ainst the petitioners durin, the

una! .io!ence in 0epte "er- (%1)- the po!ice has

specifica!!$ o itted to inc!ude 0ection )&>(()(,) of the IP: in order to di!ute the case of the petitioners and to e/c!ude the !e,a! presu ption that the !aw raises throu,h 0ection 117A of the Indian D.idence Act- 15&( in fa.our of the petitioners. Thereforethe petitioners su" itted that "iased and

oti.ated in.esti,ation "$ the po!ice is c!ear and

anifest

and done with the so!e purpose of shie!din, the accused.

14) It is further su" itted that thou,h Petitioner 3os. 1C> na ed tota! (( en as accused in si/ =IRs- on!$ in =e"ruar$

(%17- one accused- na e!$- Vedpa!- who was na ed in =IR 3o. 1(% of (%1) was arrested. D.en after !apse of four and a ha!f onths- (1 na ed as accused "$ the petitioners of the una! .io!ence roa nor an$

heinous cri e of ,an, rape durin, co free. 3either

those persons were arrested

proceedin,s ha.e "een initiated under 0ection 5) of the :ode. The petitioners c!ai ed in the petition that the
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accused are roa in, free and en1o$in, the support of do inant co unit$- 6hap Pancha$at- po!itica! parties and

"esides "ecause of their c!oseness- the$ are a!so inti idatin, the .icti s. Thus- it is the stand of the petitioners that

un!ess the po!ice ,i.e protection to the .icti s and witnesses- it wou!d "e i possi"!e for the the persons in.o!.ed in the ,an, rape. to depose a,ainst

1>) The petitioners ha.e a!so disputed the c!ai

of the

0tate in dis"ursin, co pensation. It was asserted that the$ were not paid co pensation uch !ess the ade9uate ade for transfer of

co pensation. =urther- a pra$er was

cases of ,an, rape outside the 0tate of U.P. in the !ar,er interest of the societ$ and in order to ensure fair

in.esti,ation- prosecution and tria! of the cases re!atin, to Petitioner 3os. 1 to &. =ina!!$- the$ asserted in the petition that if the in.esti,ation is not transferred to 0IT co prisin, the officers of inte,rit$ fro the 0tates other than U.P.- there due to

cannot "e 1ustice for se/ua! .io!ence suffered "$ the inaction on the part of the 0tate of U.P.

D3'&*2) R34&06*/4 P3'*'*./)7

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1&) On the who!e- the fo!!owin, writ petitions;inter.ention app!ications;specia! !ea.e petition pertainin, to the aforesaid incidents- ha.e "een fi!ed in this :ourtE (a) @rit Petition (:r!.) 3os. 144- 145- 1>4- 1&%- 1&1- 1&'-

151 1'>- (%> of (%1) and @rit Petition (:r!.) 3o. 11 of (%17 (") :r!. M.P. 3os. 1'77(- (%(74- (%(7&- (>14>- (7(%(-

(>&%4- of (%1) in @rit Petition (:r!.) 3o. 144 of (%1) and :r!. M.P. 3os. 141>C1415 of (%17 in @rit Petition (:r!.) 3o. 144 of (%1)- :r!. M.P. 3o. 1'5&5 of (%1) in @rit Petition (:r!.) 3o. 1>4 of (%1)- :r!. M.P. 3os.1''&1- (%7>% of (%1) in @rit Petition (:r!.) 3o. 145 of (%1)- :r!. M.P. 3os. 14() of (%17('>4C('>> of (%17 in @rit Petition (:r!.) 3o. 1&% of (%1)- :r!. M.P. 3o. ()%&& of (%1) in @rit Petition (:r!.) 3o. 1&1 of (%1):r!. M.P. 3os. (71'( of (%1) in @rit Petition (:r!.) 3o.1&' of (%1)- :r!. M.P. 3o. 11(7 of (%17 in @rit Petition (:r!.) 3o. 1&' of (%1)- :r!. M.P. 3o. 15'4 of (%17 in @rit Petition (:r!.) 3o. 11 of (%17 and :r!. M.P. 3o..FF.of (%17 in @rit Petition (:r!.) 3o. 144 of (%1) (c) :onte pt Petition (:r!.) 3oFFF..of (%17 (*1)&() in

@rit Petition (:r!.) 3o. 144 of (%1)

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(d)

0pecia! Aea.e Petition (:i.i!) 3o. )47%( of (%1) the a"o.e atters- we were a!so ca!!ed upon the Hi,h :ourt of

15) Apart fro

to dea! with the fo!!owin, cases fro A!!aha"adE (a) (")

Transferred :ase (:i.i!) 3os. 1()- 1(7 and 1(4 of (%1) Transfer Petition (:i.i!) 3os. 1&4%- 15(4- 15(>- 15(&-

15(5- 15('- 15)% of (%1) R32*38) &/6 D*03-'*./)7 1') The re!iefs and directions sou,ht for in these are "road!$ c!assified as fo!!owsE (a) =irst!$- to direct the Union of India;Ministr$ of Ho e atters

Affairs and 0tate <o.ern ent to pro.ide ade9uate securit$ forces to ta#e a!! necessar$ and to pre.ent further co (") (c) easures to stop the ,enocide una! .io!ence.

0econd!$- to order a :8I In9uir$ into the who!e incident. Third!$- to constitute 0pecia! In.esti,ation Tea (0IT)

headed "$ i partia! e/perts of cri ina! in.esti,ation fro the 0tates other than Uttar Pradesh to in.esti,ate the

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incidents ha.in, ta#en p!ace fro

(&.%5.(%1) to %5.%'.(%1)

in Mu+affarna,ar and ad1oinin, districts. (d) =ourth!$- to ensure proper and ade9uate reha"i!itation

of the .icti s whose houses ha.e "een "urnt- properties ,ot da a,ed and to pro.ide i ediate te porar$

she!ters;transit ca ps- food and c!othin,. (e) =ifth!$- to issue direction to !od,e =IR a,ainst a!! persons

inc!udin, the ,o.ern ent officia!s who are responsi"!e for fai!ure to (f) aintain the !aw and order within ti e. to direct to pa$ ex-gratia re!ief of Rs.

0i/th!$-

(4-%%-%%%;C each to the #in of the deceased and Rs. 4-%%-%%%;C each to the in1ured fro Re!ief =und as we!! as fro Pradesh. (,) 0e.enth!$- to direct the 0tate <o.ern ent to ta#e stern the Pri e Minister?s

the corpus of the 0tate of Uttar

action a,ainst the persons responsi"!e for rape and other heinous offences and a!so to pro.ide reha"i!itation of the .icti s and (h) fro Aast!$- to appoint an independent :o ission apart

the one constituted "$ the 0tate <o.ern ent for

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i partia! in9uir$ into the incidents and su" it a report for pre.ention of such incidents in future and reha"i!itation easures for .icti s.

(%) The pra$ers sou,ht for "$ the petitioners in the aforesaid petitions are a!! in one wa$ or other see#in, for enforce ent of funda enta! ri,hts ,uaranteed under the :onstitution and it is the :onstitutiona! o"!i,ation of this :ourt to inter.ene and ad onish such .io!ation of hu an ri,hts and issue appropriate orders for reha"i!itation whi!e si u!taneous!$ issuin, directions to ensure that no

recurrence of this nature is witnessed "$ this countr$ in ti es to co e.

I/'30*, ,./*'.0*/4 .0630) *))936 :; '(*) C.90'7

(1) On 1(.%'.(%1)- this :ourt- on ,oin, throu,h .arious a!!e,ations !e.e!!ed in the petitions- too# on "oard the @rit Petition (:r!.) 3o. 144 of (%1) and the connected atters for

e/a inin, the issues. D.en at the pre!i inar$ hearin,- Mr. Ra.i P. Mehrotra- then standin, counse!- accepted notice on "eha!f of the 0tate of U.P. and its officers. After hearin, the

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ar,u ents

of

Mr.

<opa!

0u"ra aniu

and

Mr.

M.3.

6rishna ani- !earned senior counse! for the petitioners as we!! as *r. Ra1ee. *hawan- then !earned senior counse! for the 0tate of U.P.- this :ourt issued the fo!!owin, directionsE
GOn ,oin, throu,h .arious a!!e,ations !e.e!!ed in the writ petitions- we are inc!ined to e/a ine the atter. At present- we direct the 0tate of U.P. in association with the :entra! <o.ern ent to ta#e i ediate steps and ta#e char,e of a!! persons- who are stranded without food and water and set up re!ief ca ps pro.idin, a!! re9uired assistance. It is a!so directed to ensure that a!! stranded are ta#en to p!aces of safet$ and are ,i.en ini u a enities of food and water and to a#e ade9uate arran,e ents for their sta$- ti!! reha"i!itation and restoration ta#es p!ace in their respecti.e p!aces. It is further directed to pro.ide necessar$ edica! treat ent to a!! wounded and need$ persons and a!so whi!e !iftin, the to hospita!s- either at Meerut or Roor#ee- if re9uired hospita!s at *e!hi or an$ other suita"!e p!aces. The 0tate of U.P.- as we!! as the :entra! <o.ern entis directed to fi!e the co p!iance reports "$ their senior officers on the ne/t date of hearin,. Aearned counse! for the parties are per itted to fi!e additiona! docu ents. Aist on Monda$ (1>.%'.(%1)) at (.%% p. .H

(() A,ain-

when

this

"atch

of

cases

was

!isted

on

1'.%'.(%1)- after hearin, counse! for the petitioners as we!! as the respondentC0tate- this :ourt- in the interest of 1ustice and in .iew of the fact that this :ourt is onitorin, the entire

incident- directed that a!! cases pendin, on the fi!e of the Hi,h :ourt at A!!aha"ad "e transferred to this :ourt and further ade it c!ear that if there is an$ ,rie.ance pertainin,
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to the aforesaid incident- the$ are free to approach this :ourt for necessar$ re!ief;directions. =urther- this :ourt issued the fo!!owin, directionsE
GFThou,h- Mr. <opa! 0u"ra aniu - !earned senior counse! appearin, on "eha!f of the petitioners in @.P.(:r!.) 3o. 144 of (%1) after ta#in, us throu,h the co p!iance report;affida.its fi!ed "$ Respondent 3os. 1 and ( su" itted that the steps ta#en "$ the said respondents are inade9uate- howe.er- it cannot "e c!ai ed that the$ ha.e not ta#en effecti.e steps. Howe.er- on ,oin, throu,h the detai!s entioned in the respecti.e affida.its as we!! as the rep!$ fi!ed "$ the petitioners- we direct "oth the respondents .i+.- Union of India and 0tate of U.P. to pro.ide the re9uired assistance;faci!ities as directed in our order dated 1(.%'.(%1). *urin, the course of hearin,- !earned Attorne$ <enera! apart fro reiteratin, the stand ta#en in their affida.it assured this :ourt that the <o.ern ent of India is fu!!$ co itted to pro.ide a!! re9uired financia! assistance as we!! as securit$ easures for the i ediate and per anent re!ief to the stranded and affected persons. *r. Ra1ee. *hawan- !earned senior counse! appearin, for the 0tate of U.P.- after ta#in, us throu,h the .arious steps ta#en "$ the a!so assured this :ourt that apart fro the steps ta#en "$ the 0tate- the$ are ta#in, further steps for pro.idin, food- water- she!ter and edicines to a!! those affected persons. He a!so assured us that the 0tate <o.ern ent is ta#in, effecti.e steps for peacefu! resett!e ent of those stranded persons. The a"o.e state ent of "oth the respondents are here"$ recorded. In order to ascertain the further de.e!op ent and the steps ta#en "$ "oth the respondents- we ad1ourn the atter ti!! ne/t Thursda$- i.e.- (> th 0epte "er- (%1). Respondent 3os. 1 & ( are directed to fi!e further report on that da$. The petitioners as we!! as others who are aware of ore detai!s a"out the sufferin,s of the peop!e concerned are per itted to hand o.er a!! the detai!s to the standin, counse! for the 0tate of U.P.H

()) On (%.%'.(%1)- at the re9uest of !earned senior counse!

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for the 0tate of U.P.- this :ourt- in continuation of order dated 1'.%'.(%1) passed in the @.P. (:r!.) 3o. 144 of (%1) etc.directed to transfer @.P.3o. 5(5'(M8) of (%1) (PIA) and @.P.3o. 5>7)(M8) of (%1) (PIA) pendin, on the fi!e of Auc#now 8ench to this :ourt. @hen these atters ca e on

(>.%'.(%1)- after hearin, a!! the parties- this :ourt issued notice on the transferred cases as we!! as the cri ina! isce!!aneous petitions for inter.ention and direction

(:r!.M.P. 3os. (%(74 of (%1)- (%(7& of (%1) and (%7>% of (%1)) and in @rit Petition (:r!.) 3os. 1>4 of (%1) and 1&1 of (%1). This :ourt further directed the respondents to fi!e separate response on the steps ta#en for the we!fare of the .icti s and for their safe return to their ho es and a!so directed to furnish the detai!s re,ardin, cri ina! cases re,istered a,ainst the persons in.o!.ed in the incident. (7) On 1&.1%.(%1)- after hearin, a!! the parties inc!udin, the 0tate- this :ourt passed the fo!!owin, directionsE
GPursuant to our ear!ier direction- the 0tate of U.P. has fi!ed fourth- fifth and si/th reports in the for of an affida.it hi,h!i,htin, the steps ta#en "$ it. In addition to the sa e- the 0tate has a!so fi!ed a chart containin, the e/istin, ca ps and persons residin, there. On "eha!f of the Union of India- !earned Attorne$ <enera! has su" itted a report containin, .arious

17 Page 17

co unications fro <o.ern ent in the for is ta#en on record.

the :entra! and the 0tate of an affida.it in :ourt. The sa e

@.P.(:r!.) 3o. 151 of (%1) is ta#en on 8oard. D/e ption fro (%1) is a!!owed. fi!in, O.T. in @.P.(:r!.) 3o. 1&% of

Issue notice in the @.P.(:r!.)3o. 151 of (%1) fi!ed "$ A3HA* and @.P.(:r!.)3o. 1&% of (%1) fi!ed "$ :iti+ens for 2ustice and Peace & Ors. After hearin, a!! the counse! at the re9uest of Mr. Ra1ee. *hawan- !earned senior counse!- appearin, for the 0tate of U.P.- we intend to ,i.e sufficient ti e to respond the fresh writ petitions- the writ petitions as we!! as .arious app!ications in which we ha.e issued notice on the !ast hearin, date. @e direct the 0tate to fi!e a detai!ed response in re,ard to a!! the atters entionin, the steps ta#en up to 1&th 3o.e "er- (%1) and the future course of action to aintain peace and co una! har on$ th positi.e!$ "$ 15 3o.e "er- (%1). :ounse! for the petitioners are directed to ser.e notice on a!! the unser.ed respondents in the eanwhi!e. Aist a!! these (%1) at (.%% p. .H atters for hearin, on (1 st 3o.e "er-

(4) On

(1.1%.(%1)-

whi!e

,rantin,

sta$

of

further

proceedin,s in :.M. @rit Petition 3o. 4)5'1 of (%1) entit!ed Pankaj Kumar and Ors. vs. State of U.P. and Ors. pendin, in the Hi,h :ourt of 2udicature at A!!aha"ad- this :ourt issued the fo!!owin, directionsE
GIt is ade c!ear that an$ ,rie.ance pertainin, to the incident that too# p!ace on (& th Au,ust- (%1) at Mu+affarna,ar and near"$ p!aces a,,rie.ed persons are to approach on!$ to this :ourt for necessar$ re!ief;directions.H

(>) On (1.11.(%1)- a,ain- after hearin, a!! the parties- this :ourt passed the fo!!owin, orderE
18 Page 18

GThe 0tate of U.P. has so far fi!ed nine Reports with reference to the incident hi,h!i,htin, the steps ta#en and the fo!!ow up action. *urin, the course of the hearin,- it was "rou,ht to our notice the proceedin, 3o. 115;si/CP.:.V.:. I 1)C14((%) (%1)- dated (>th Octo"er- (%1) which was issued "$ Mr. *.0. 0har a- 0ecretar$- <o.ern ent of Uttar Pradesh- to the :o issioner0aharanpur :o issioner$0aharanpur. Aearned counse! appearin, for the petitioners point out that the direction issued for reha"i!itation of a particu!ar co unit$ (Mus!i fa i!ies) a!one are unaccepta"!e. @hen this was pointed out to *r. Ra1ee. *hawan!earned senior counse! appearin, for the 0tate of U.P.- he readi!$ a,reed for reca!!in, the said co unication and a!so ade a state ent that the concerned authorit$ wi!! reissue proper proceedin,s ta#in, care of a!! the affected persons in.o!.ed in the incident. It is a!so "rou,ht to our notice that e.en on the date of fi!in, of Di,hth Report on 15th 3o.e "er- (%1)- 4%(7 persons are sti!! residin, in the ca ps arran,ed "$ the 0tate. Thou,h- !earned senior counse! for the 0tate has pointed out that as on date the nu "er of persons in the ca ps are !i#e!$ to "e !esser- ta#in, note of the fact that si+ea"!e nu "er of persons are sti!! in the ca ps and considerin, the c!i atic conditions durin, winter onthswe direct the 0tate <o.ern ent to pro.ide necessar$ assistance; ateria!s to a!! the affected persons residin, in these ca ps. The 0tate of U.P. is directed to fi!e its response in @rit Petition (:r!.) 3o. 1&' of (%1)- in @rit Petition (:r!.)3o.1&1 of (%1)- in @rit Petition (:r!.)3o. 151 of (%1)in @rit Petition (:r!.)3o.1'> of (%1)- in @rit Petition (:r!.)3o. (%> of (%1)- 0.A.P.(c) 3o. )47%( of (%1) as we!! as :r!.M.P. 3oF..fi!ed in @rit Petition (:r!.)3os. 1&1 of (%1) and 1&' of (%1)- positi.e!$ on the ne/t date of hearin,. @ith re,ard to the co pensation for tractorssu,arcane crops- tu"eCwe!!s and other a,ricu!tura! products- !earned senior counse! for the 0tate- has readi!$ a,reed that if proper app!ication;representation is ade to the *istrict Ma,istrate of the concerned district- the sa e sha!! "e considered.

19 Page 19

The affida.it fi!ed "$ the Union of India dated (1 st 3o.e "er- (%1)- is ta#en on record. Aist these atters on 1( th *ece "er- (%1)- at (.%% p. . In the eanti e- the petitioners are directed to ta#e effecti.e steps to ser.e the unser.ed respondents in a!! the atters.H

(&) On 1(.1(.(%1)- a,ain- after hearin, a!! the parties inc!udin, the counse! for the 0tate- this :ourt fo!!owin, directionsE
GOn "eha!f of the 0tate of U.P.- a conso!idated co pi!ation of docu ents and the 0tatus Report ha.e "een fi!ed in @rit Petition (:r!.) 3o. 144 of (%1) and connected atters. The sa e is ta#en on record. In the @rit Petition (:r!.)3o. 144 of (%1)- the petitioners ha.e fi!ed :r!. Misc. Petition 3o. (>14> of (%1) pra$in, for certain directions. In the said app!ication "ased on the news report- the petitioners ha.e as#ed not on!$ direction to the respondents;0tate of U.P. "ut a!so for i p!e entation of our ear!ier orders. The infor ation which is entioned in para 5 is as fo!!owsE Para 5 GThat recent!$ .arious e!ectronic news a,encies !i#e India TV and I83 :hanne! has reported "etween %(.1(.(%1) to %&.1(.(%1) in specia! co.era,e ,i.in, the i a,es of the peop!es stru,,!in, for their !i.es in co!d in open s#$ in which ore sufferer are the s a!! chi!dren who were succu "ed to death as the$ cou!d not "ear the co!d te perature of the season. It has "een reported that ore than 4% chi!dren died on account of co!d as their parents who are riot .icti s is ha.in, no eans to protect their chi!dren. It is .er$ unfortunate for the countr$ !i#e India that the who!e countr$ is una"!e to sa.e e.en the s a!! chi!dren who were d$in, on account of their no fau!t. The death of .arious chi!dren which had a!so "een reported in .arious newspapers.H In @.P.(:r!.) 3o. 151 of (%1)- the petitioners "ased on another newspaper?s report as we!! as in.esti,ation "$ the se!.es furnished .arious detai!s a"out deaths in ca ps.

ade the

20 Page 20

In "oth these petitions- it is the ,rie.ance of the petitioners that in spite of our ear!ier directions- the 0tate <o.ern ent has not fu!!$ i p!e ented a!! directions in pro.idin, necessar$ he!p and assistance to the in ates of the ca ps particu!ar!$ to the chi!dren- a,ed persons and a!! affected persons. In .iew of the sa e- we direct the 0tate <o.ern ent to ascertain the correct position and fi!ed a detai!ed report on the ne/t date of hearin,. In the eanwhi!e- the 0tate <o.ern ent is directed to !oo# into the serious a.er ents in para 5 in :r!.M.P. 3o. (>14> of (%1) (which we ha.e e/tracted a"o.e) and ta#e necessar$ steps and pro.ide re9uired re edia! assistance at once. *r. Ra1i. *hawan- !earned senior counse! appearin, for the 0tate of U.P. assures this :ourt that necessar$ steps wi!! "e pro.ided "$ to orrow- i.e.- 1) th *ece "er- (%1) onwards. The a"o.e state ent is here"$ recorded. Ta#in, note of the co!d conditions in the forthco in, onths- we here"$ further direct the 0tate Ad inistration particu!ar!$ the district concerned to pro.ide necessar$ ateria!s inc!udin, edica! faci!ities for the in ates particu!ar!$ chi!dren in the ca ps as we!! as a!! those affected due to riots. *urin, the course of hearin,- counse! appearin, on "eha!f of .arious petitioners;or,ani+ations raised certain co p!aints;,rie.ances a"out the steps so far ta#en "$ the 0tate Ad inistration. The respecti.e counse! are per itted to hand o.er those detai!s to the standin, counse! for the 0tate of U.P. "$ to orrow- i.e.- 1) th *ece "er- (%1). The 0tate of directed to ta#e re edia! steps at once and fi!e their response on the ne/t date of hearin,. Post a!! the atters for fina! disposa! on (1 st 2anuar$(%17 at 1%.)% a. . as ite one. In the eanti e- parties are per itted to co p!ete their p!eadin,s.H

(5) =ina!!$-

on

(%.%(.(%17-

after

hearin,

e!a"orate

ar,u ents of Mr. Uda$ U. Aa!it- !earned senior counse! for the 0tate and Ms. 6a ini 2aiswa!- !earned counse! for the rape .icti s- this :ourt reser.ed the 1ud, ent in these atters.
21 Page 21

C.,52*&/-3 R35.0')7 (') The co ,i.en petitions were heard o.er 4 onths

encin, fro

1(.%'.(%1) and endin, on (%.%(.(%17. In

this interi

period- this :ourt issued nu erous directions for

onitorin, the situation at the p!ace of incidence. It is pointed out "$ !earned counse! appearin, for .arious parties that "ecause of .arious directions of this :ourt- the 0tate <o.ern ent initiated acti.e in.esti,ation- re!ief easures-

"oth in the ca ps as we!! as in she!ter ho es and pro.ided ore pro.isions for food- c!othes and edicines etc.- which is

hi,h!i,hted in the e!e.en :o p!iance Reports fi!ed "efore this :ourt o.er the period of ti e. )%) =ro the reports fi!ed "$ the 0tate <o.ern ent- we

cu!!ed out the fo!!owin, infor ation- which wi!! throw !i,ht on the reha"i!itati.e and pre.enti.e :entra! and the 0tate <o.ern ent. 1. A00&/43,3/') 8.0 R32*38 -&,5) A tota! nu "er of 45 ca ps were which71 such ca ps were ade functiona!- of in *istrict easures adopted "$ the

esta"!ished

Mu+affarna,ar and 1& ca ps in *istrict 0ha !i.

22 Page 22

In *istrict Mu+affarna,ar- the ca ps were esta"!ished in different .i!!a,es of two Tehsi!s- .i+.- Tehsi! 0adar and Tehsi! 8udhana. After sur.e$ of these ca ps "$ the *istrict ost of the disp!aced

Ad inistration- it was found that

fa i!ies were !i.in, in Madarsas- pri.ate ,har (houses) and other "ui!din,s. Re ainin, peop!e had ta#en refu,e at open p!aces "$ erectin, tents. After the sur.e$- )% re!ief ca ps were identified in Tehsi! 8udhana area and 11 re!ief ca ps in Tehsi! 0adar area and a *istrict Ae.e! Officer was deputed as a 3oda! Officer for each ca p. In addition to this- one po!ice officer was a!so desi,nated for each ca p. *etai!ed ,uide!ines and

instructions were issued to the concerned officers for ensurin, efficient and effecti.e runnin, of these ca ps. A Purchase and 0upp!$ :o ittee- co prisin, of

*istrict 0upp!$ Officer- *eput$ Re,iona! Mar#etin, Officer0achi. Mandi 0a iti- ARTO- 2oint :o issioner (:o ercia!

Ta/)- <enera! Mana,er of *istrict Industries :entre and <enera! Mana,er of Para, *air$ was for ed to purchase and supp!$ food,rains and other artic!es of dai!$ use to the fa i!ies !i.in, in ca ps. After ,ettin, dai!$ assess ent of
23 Page 23

their re9uire ents throu,h 3oda! Officers- food,rains and other ,oods were supp!ied "$ truc#s and other s a!! .ehic!es to the ca ps. The fa i!ies ,oin, "ac# fro certain ca ps durin, the ateria! for a

onth of *ece "er (%1) were pro.ided ration

period of 14 da$s so as to faci!itate their resett!e ent and reha"i!itation. An a ount of Rs.14(.'4 !acs was spent on the food,rains and other essentia! co odities pro.ided in the In

ca ps and afterwards in the *istrict Mu+affarna,ar.

addition to this- Rs. >1.77 !acs were spent on arran,e ents for au/i!iar$ ite s. In this anner- a tota! a ount of

Rs.(17.)' !acs has "een spent on the ite s supp!ied and the arran,e ents ade in the *istrict Mu+affarna,ar. ade in *istrict 0ha !i. In

0i i!ar arran,e ents were

*istrict 0ha !i a!so two Tehsi!s- .i+.- Tehsi! 0ha !i and Tehsi! 6airana were affected. 0i/ re!ief ca ps in Tehsi! 0ha !i and 11 ca ps in Tehsi! 6airana had "een identified. =ood,rains and other essentia! co odities worth Rs. )(.)' !acs and

i!# worth Rs.4).1% !acs ha.e "een pro.ided in the ca ps and to the fa i!ies ,oin, "ac# fro the ca ps for

resett!e ent and reha"i!itation. In addition to that- Rs.(&.>4

24 Page 24

!acs ha.e "een spent on other arran,e ents. Thus- a tota! a ount of Rs.11).%7 !acs has "een spent on the ite s supp!ied and the arran,e ents ade for the ca ps.

*istrict 8a,hpat has a!so reported an e/penditure of Rs.1.54 !acs for supp!$in, food,rains and other essentia! ite s for the peop!e who had ,one to the ca ps and ha.e now "een reha"i!itated in their .i!!a,es. A!! 71 ca ps in *istrict Mu+affarna,ar ha.e "een c!osed and ( ca ps and 7 sate!!ite ca ps are in operation in *istrict 0ha !i. A tota! nu "er of (>15 persons are !i.in, in these ca ps. The re!ief operations on the sa e sca!e are "ein, continued in these ca ps. The 0tate <o.ern ent has ,i.en directions to run the re ainin, ca ps and to ta#e a!! necessar$ essentia! co easures for pro.idin, food,rainsoditiesedica! faci!ities and i!#- other ateria!s

re9uired for she!ter fro !i.in, in such ca ps. (.

co!d etc. as !on, as the peop!e are

M36*-&2 8&-*2*'*3) '. '(3 */<9036 &/6 '(.)3 2*+*/4 */

'(3 -&,5) Medica! a "u!ances with a!! odern faci!ities were

25 Page 25

dep!o$ed for a!! the ca ps. Medica! and para edica! staff was dep!o$ed at a!! the ca ps to re,u!ar!$ conduct edica!

chec#up in the ca ps. Accordin, to the data pro.ided "$ the :hief Medica! Officer- Mu+affarna,ar- the conducted cu u!ati.e edica! tea s

edica! chec#Cup of (1-444 persons in

the ca ps. It was ensured that if an$ person in the ca p was found serious!$ i!! he was shifted i ediate!$ to the

*istrict Hospita! usin, a "u!ance and if re9uired he was referred to the Medica! :entre at *e!hi and Meerut. A su of Rs.>.)5 !acs in Mu+affarna,ar and Rs.17.'%

!acs in 0ha !i was spent towards treat ent of the persons in1ured in the incidents. =or "etter and specia!i+ed

treat ent- (1 in1ured persons were referred to hi,her edica! faci!ities at Meerut and 3ew *e!hi. Instructions were issued "$ the 0tate <o.ern ent that the treat ent of persons who ,ot in1ured durin, incidents of .io!ence is to "e done free of cost. One such person who went for his

treat ent to pri.ate faci!it$ has "een paid Rs.(.4 !acs fro the :hief Minister?s *iscretionar$ =und. In *istrict 0ha !i too- si i!ar arran,e ents were "$ the *istrict Ad inistration. ade

Accordin, to the data

26 Page 26

pro.ided "$ the :.M.O.- the cu u!ati.e ca ps.

edica! tea s conducted

edica! chec#Cup of ()-(7) persons in the

=e a!e doctors and A3Ms were dep!o$ed to the e/tent possi"!e for ta#in, care of the wo en especia!!$ the pre,nant and !actatin, identified and 77 of the others. )%) pre,nant wo en were were shifted to :o unit$ Hea!th

:entres (:H:)- Pri ar$ Hea!th :entres (PH:) or the *istrict Hospita! for safe de!i.eries in the district of Mu+affarna,ar. Additiona! nutrition was pro.ided under the I:*0 "$ the An,anwadi wor#ers to a!! those chi!dren who were "e!ow the a,e of > $ears and !i.in, in the ca ps. :h!orine ta"!ets and OR0 pac#ets were distri"uted on re,u!ar "asis. More than >7%%% ch!orine ta"!ets and near!$ &&4% OR0 pac#ets were distri"uted in the two districts. In addition to this- routine i uni+ation acti.it$ was a!so

carried out in the ca ps. 4&) chi!dren in Mu+affarna,ar and 11%& chi!dren in 0ha !i were .accinated durin, this period. In co p!iance with the directions ,i.en "$ this :ourtseparate tea s were constituted and dep!o$ed for specia!

27 Page 27

care of a!! those !i.in, in the ca ps especia!!$ wo en and chi!dren. =or the ca p at Aoi Vi!!a,e in Mu+affarna,ar- one ,enera! ph$sician- one pediatrician for the treat ent of chi!dren- one A3M;staff nurse- one para a "u!ance was put on dut$. edica! staff and

The ca p was c!osed on

)1.1(.(%1) "$ reha"i!itatin, a!! the fa i!ies. Ti!! then- )117 cu u!ati.e patients were treated in the ca ps of which 4%' were chi!dren- >4 chi!dren were .accinated- 414 ch!orine ta"!ets and 147 OR0 pac#ets were distri"uted. It has "een ensured that a!! those pre,nant wo en- who were !i.in, in the ca p "efore its c!osure wou!d "e ta#en to PH: 8udhana or *istrict =e a!e Hospita! for their de!i.eries. 0i i!ar!$- ) doctors- ) phar acists- ) A3Ms- ( ward "o$s- ( dri.ers with a "u!ances- 1 AA- 1 OTA and 1 0TA0 ha.e "een dep!o$ed for 7 ca ps in operation at Ma!a#pur6hur,an- 0unaiti and 8i"ipur Hatia. 14) patients inc!udin, 4' chi!dren ha.e "een treated in these ca ps. The persons- who ha.e "een shifted to different .i!!a,es for reha"i!itation- are "ein, trac#ed and "ein, pro.ided edica! faci!ities at their p!aces of sta$. In Mu+affarna,ar1>5 pre,nant wo en and 7'7> chi!dren ha.e "een
28 Page 28

e/a ined ai! ents. chi!dren fro

and 5>% chi!dren

were treated

for .arious

117 chi!dren were .accinated.

In 0ha !i- )(5

tota! 11(5 patients ha.e "een e/a ined durin,

!ast wee# in the ca ps. ). A00&/43,3/' .8 S&/*'&'*./ &/6 D0*/=*/4 W&'30

In order to ensure proper sanitation and c!ean!iness- fi.e sweepers were dep!o$ed for each ca p. It was ensured that the sweepers re ained dep!o$ed ti!! the ca ps were in p!ace. 6eepin, in .iew the !ar,e nu "er of wo en and o"i!e toi!ets were p!aced near the

chi!dren in the ca ps-

ca ps. In order to a.oid epide ic- spra$ of pesticides and other che ica!s was ensured. To #i!! os9uitoes- fo,,in,

was carried out near re!ief ca p at 2au!a. 0afe and c!ean drin#in, water was a!so supp!ied throu,h piped water supp!$ sche es- per anent tu"ewe!!s insta!!ed at the ca p sites- India Mar#edCII hand pu ps and water tan#ers fro the ur"an !oca! "odies situated near the ca ps.

:h!orine ta"!ets were distri"uted in a!! the ca ps as has "een descri"ed in the para,raph a"o.e. 7. A00&/43,3/' .8 T3/', D&0* &/6 B36)(33') 3'-.

29 Page 29

Thou,h

ost of the ca ps were situated in pucca a#eshift tents were

"ui!din,s !i#e Madarsas and 0choo!s-

a!so erected in 14 ca ps to pro.ide shed and she!ter. The disp!aced fa i!ies cou!d not "rin, an$ ite of dai!$ use with ediu

the - hence- two stee! p!ates- two stee! ,!asses- one si+e dari- two "ed sheets- one "uc#et- one

u,- one towe!-

i!# powder- "iscuit pac#ets were pro.ided to each and e.er$ fa i!$ in the ca ps. :!othes to wo en and chi!dren were a!so distri"uted in ca ps. In addition to that- two toi!et soaps- two washin, soaps- one tooth paste and #erosene oi! etc. were pro.ided to the fa i!ies !i.in, in the ca ps. The appro/i ate .a!ue of a"o.e entioned ,oods has crossed Rs. 1 crore. 1%7 9uinta!s of fire wood was supp!ied in the ca ps throu,h the *i.isiona! =orest Officer. Another 47 9uinta!s of firewood was supp!ied throu,h *istrict 0upp!$ Officer for its use as fue!. Apart fro in the ca ps. 4. A00&/43,3/' .8 8.6630 8.0 -&''23 A !ar,e nu "er of .i!!a,ers f!ed fro their houses out of this- 75 ,as c$!inders were pro.ided

fear !ea.in, "ehind their catt!e and ani a!s. These ani a!s were ta#en care of "$ the peop!e fro the co unit$. The
30 Page 30

Ani a! Hus"andr$ *epart ent was directed to pro.ide fodder to such catt!e with the he!p of .o!untar$ or,ani+ations. Identification of such .i!!a,es and catt!e was done and fodder was ade a.ai!a"!e. 0o far- 4>5.)% 9uinta!s of wheatCha$ Tea s of Veterinar$ *octors ha.e

has "een distri"uted.

treated )%1 catt!e so identified. >. F*/&/-*&2 A))*)'&/-3 :; G.+30/,3/' .8 U''&0 P0&63)( '. '(3 >.9/636 &/6 '(3 8&,*2*3) .8 63-3&)36 530)./) Accordin, to !etter 3o. 1%(&#;chhCsa.ni.pr.C

1);14(17)(%1) dated 1%.%'.(%1) and <o.ern ent Order 3o. =.A.C(C)>&;TenC'(C1%%()%)*;'(CHo e Po!ice0ectionC1(

dated (1.1(.1''(- financia! assistance to the fa i!ies of deceased and in1ured persons is to "e ,i.en at the fo!!owin, ratesE 1. In case of death death (. ). In case of serious in1ur$ In case of si p!e in1ur$ C C C Rs. 1%-%%-%%% per

Rs.4%-%%% per person Rs. (%-%%% per person

D*)'0*-' M9?&88&0/&4&0 )( persons "e!on,in, to this *istrict ha.e died in .arious incidents of .io!ence that too# p!ace on or after

31 Page 31

%&.%'.(%1).

Of these deceased persons- two dead "odies

are sti!! unidentified. Three persons were #i!!ed in c!ashes on (&.%5.(%1) in .i!!a,e 6awa!- Tehsi! 2ansath. One news

channe! reporter na ed Ra1esh Ver a died on %&.%'.(%1) in co una! .io!ence in Mu+affarna,ar cit$. =inancia!

assistance of Rs. 14 !acs was announced for his fa i!$. Thusa tota! su of Rs. ).)4 crores has "een pro.ided to the of Rs.

fa i!ies of )) persons. In addition to that- a tota! su

&.4% !acs was pro.ided to 14 persons in1ured serious!$. One person succu "ed to his in1uries and his fa i!$ has "een paid additiona! a ount of Rs. '.4 !acs. Thus- )7 fa i!ies of deceased persons ha.e "een paid Rs.).74 crores and the re ainin, 17 serious!$ in1ured persons were paid Rs.& !acs. A su of Rs.4.7% !acs has "een distri"uted to (& persons with

si p!e in1uries. D*)'0*-' S(&,2* 14 persons "e!on,in, to this *istrict died in the incident on or after %&.%'.(%1). Of these- 1) persons died in

incidents that too# p!ace in Mu+affarna,ar and ( persons died in the incidents within the *istrict on or after %&.%'.(%1). One person was #i!!ed in another c!ash that had
32 Page 32

occurred on %).%'.(%1) in the *istrict.

A tota! su

of

Rs.1.>% crore has "een pro.ided to the fa i!ies of a!! the 1> deceased persons. =or the in1ured persons- a tota! su of

Rs.7.4 !acs has "een pro.ided to ' serious!$ in1ured persons and a su of Rs.).(% !acs to 1> persons with si p!e in1uries.

D*)'0*-' S&(&0&/590 Three persons "e!on,in, to this *istrict died in the incidents on or after %&.%'.(%1)- of which one died in Mu+affarna,ar and ( died within the *istrict. A su of Rs. )%

!acs has "een pro.ided to a!! the ) fa i!ies. Moreo.er- a tota! su of Rs. (% !acs has "een pro.ided to 7 persons in1ured

serious!$. Apart fro these ) *istricts- as entioned a"o.e- under

the 0aharanpur *i.ision- ' persons who were #i!!ed- "e!on,ed to the three districts of the Meerut *i.ision. Accordin, to the report recei.ed fro these *istricts- Rs. 4% !acs were paid to

4 fa i!ies in *istrict Meerut- Rs. )% !acs to ) fa i!ies in 8a,hpat and Rs. 1% !acs to 1 fa i!$ in *istrict Hapur. One serious!$ in1ured person succu "ed to his in1uries in Meerut and his fa i!$ has "een paid additiona! financia! assistance

33 Page 33

of Rs. '.4 !acs.

Thus- a!! the 1% fa i!ies of the deceased

persons ha.e "een pro.ided ex gratia re!ief of Rs. 1 crore. In addition to this- 7 serious!$ in1ured persons in *istrict 8a,hpat ha.e "een paid Rs. ( !acs. Re ainin, ( serious!$ in1ured persons in *istrict Meerut ha.e "een paid an a ount of Rs. 1 !ac. 7 persons with si p!e in1uries in 8a,hpat ha.e "een paid Rs.%.5 !acs. *istrict Hapur has reported no in1ured person. In addition to the a"o.e- the 0tate <o.ern ent has sanctioned pension to the e!i,i"!e >) in1ured persons at the rate of Rs.7%%;C per onth under the Rani Aa/ i 8ai Pension

0che e under specia! circu stances. Thus- the <o.ern ent of Uttar Pradesh has paid Rs.>.)4 crores to the fa i!ies of >) deceased persons- Rs.1>.4% !acs to )) serious!$ in1ured persons- Rs.'.5% !acs to 7' persons with si p!e in1uries and pension to >) in1ured persons. &. F*/&/-*&2 A))*)'&/-3 :; G.+30/,3/' .8 I/6*& '. '(3 >.9/636 &/6 '(3 8&,*2*3) .8 63-3&)36 530)./) <o.ern ent of India has a!so sanctioned ex-gratia re!ief fro the Pri e Minister?s Re!ief =und at the rate of Rs.( !acs

per fa i!$ for the dependents or !e,a! heirs of the deceased

34 Page 34

and at the rate of Rs. 4%%%% for the serious!$ in1ured persons. Rs. 14 !acs ha.e "een sanctioned to the fa i!$ of 0ri Ra1esh Ver a- the 2ourna!ist- who was #i!!ed in the cit$ on %&.%'.(%1). )( fa i!ies in Mu+affarna,ar- 1> fa i!ies in 0ha !i- ) fa i!ies in 0aharanpur- 4 fa i!ies in Meerut- ) fa i!ies in 8a,hpat and 1 fa i!$ in Hapur ha.e "een paid Rs.1(% !acs. Rs. 1% !acs ha.e "een paid to the fa i!$ of Aate 0ri Ra1esh Ver a. Rs. 1>.4% !acs ha.e "een paid to )) serious!$ in1ured persons. Two cases- in which the in1ured persons ha.e diedha.e "een forwarded for further assistance of Rs.1.4% !ac per fa i!$. Thus- Rs.17>.4% !acs ha.e "een distri"uted to the in1ured persons and the !e,a! heirs of the deceased persons fro the funds ade a.ai!a"!e "$ the <o.ern ent of India.

5. E,52.;,3/' '. '(3 6353/63/') .8 '(3 63-3&)36 530)./) The 0tate <o.ern ent decided to ,i.e e p!o$ ent to one e "er of the fa i!$ of the deceased persons accordin,

to his or her 9ua!ification. Tota! 45 persons "e!on,in, to > *istricts died in the incidents on or after %&.%'.(%1) and 4

35 Page 35

persons died in the incidents that had ta#en p!ace "efore that. A proposa! was ade for e p!o$ ent of dependents of

>1 persons #i!!ed in the incidents as ( dead "odies re ained unidentified. ( persons had died fro the sa e fa i!$ and

one person #i!!ed was a <o.ern ent e p!o$ee and his dependent wi!! "e considered as per G*$in, in HarnessH ru!es. Thus- the proposa! was sanctioned "$ the <o.ern ent for re ainin, 4' persons and a!! of the e p!o$ ent. Two new proposa!s- which were sent to the 0tate <o.ern ent with re,ard to ( serious!$ in1ured persons who succu "ed to their in1uries ha.e "een sanctioned and for a!ities are "ein, co p!eted to ,i.e the '. C./8*63/-3 :9*26*/4 ,3&)903) A detai!ed sur.e$ and ana!$sis of the fa i!ies disp!aced fro different .i!!a,es and !i.in, in ca ps was done. The e p!o$ ent. ha.e "een ,i.en

.i!!a,es fro

where disp!ace ent too# p!ace were di.ided

into three cate,oriesE (i) (ii) Vi!!a,es where no .io!ence too# p!ace. Vi!!a,es where no death was reported.

36 Page 36

(iii) Vi!!a,es where death was reported. =irst of a!!easures were ta#en to reha"i!itate and In this

return those peop!e who fe!! in the first cate,or$.

cate,or$- disp!ace ent had ta#en p!ace 1ust out of fear. Meetin,s with i portant and effecti.e persons fro co unities were or,ani+ed in which one co "oth the unit$ had Peace

assured the safet$ and securit$ of the other. :o ittees were constituted and their

eetin,s were 0enior

or,ani+ed at the 8!oc#- Tehsi! and *istrict !e.e!s.

officers !i#e *istrict Ma,istrate- 0uperintendent of Po!iceA*M- A0P- 0*M- :irc!e Officer and other functionaries fro the Re.enue and po!ice depart ents participated a!on, with the Vi!!a,e Pradhans and i portant pu"!ic persons fro the co unities. Tea s of officers were sent fro a!!

*istricts

of Meerut and 8a,hpat to con.ince and ta#e the persons !i.in, in the ca ps who "e!on,ed to the .i!!a,es of these districts. At one sta,e- the tota! nu "er of peop!e sta$in, in 45 ca ps in two districts had reached a fi,ure of 4%'44 of which (&1'5 persons were in 71 ca ps at Mu+affarna,ar and ()&4& persons in 1& ca ps at 0ha !i. As a resu!t of the

37 Page 37

efforts

ade "$ the ad inistration in ho!din, these

eetin,s

and pro.idin, oneCti e financia! assistance for reha"i!itationa!! the persons !i.in, in the ca ps in Mu+affarna,ar ha.e returned e!sewhere. As far as *istrict 0ha !i is concerned- 14 ca ps ha.e "een c!osed and ()&4& persons !i.in, in the ca ps ha.e either returned to their nati.e .i!!a,e or to the other p!aces of their choice after ,ettin, oneCti e assistance of Rs. 4 !acs. Re ainin, ( ca ps at Ma!a#pur (''% persons re ainin,) and 8arnawi ())% persons re ainin,) ha.e sp!it into 7 additiona! sate!!ite ca ps esta"!ished on the forest !and<aon 0a"ha !and or the <o.ern ent !and of .i!!a,es A#"arpur 0unhaiti (('& persons)- 6hur,an (4'4 persons)*a"hedi 6hurd ((%) persons) and 8i"ipur Hatia ((%) persons). Thus- (>15 persons are sti!! !i.in, in ( ca ps and 7 sate!!ite ca ps in the *istrict 0ha !i. ade to con.ince the e!sewhere. To ensure the safet$ and "ui!din, a fee!in, of Dfforts are "ein, either to their nati.e .i!!a,es or resett!ed

to ,o "ac# to their .i!!a,es or sett!e

confidence a on, those returnin, to the .i!!a,es- paraC

38 Page 38

i!iatr$ forces were dep!o$ed in those .i!!a,es. Pre.enti.e action was a!so ensured under the pro.isions of the :ode and effecti.e !e,a! action is "ein, ta#en with respect to the =IRs !od,ed for the incidents of riotin,. 3otices were issued to

>>1> persons in Mu+affarna,ar and 1&4> persons in 0ha !i under 0ection 1%&;111 of the :ode. persons in two districts4&') Out of these- 5)&( persons (75%( in

Mu+affarna,ar and ''1 in 0ha !i) ha.e "een "ound down under 0ection 1%&;11> of the :ode. In addition to this- )4> persons in Mu+affarna,ar and ()' persons in 0ha !i- there"$ tota!in, 4'4 persons ha.e "een arrested in connection with .arious =IRs for incidents of .io!ence- arson and !ootin, etc. Re,ardin, safet$ of their !i.es and securit$ of their properties- the 0tate has "rou,ht to our notice that necessar$ forces ha.e "een dep!o$ed in a!! the areas in which the co una! riots too# p!ace. The detai!s furnished

"$ the 0tate show that at present- the fo!!owin, forces dep!o$ed for !aw and order dut$E
Add!. 0P ) *$. 0P 11 Insp. )4 0.I ()5 H: 45 :onst. 177& H< 7%% PA: 5 :o$. ( PA.

39 Page 39

1%. O/3 '*,3 8*/&/-*&2 &))*)'&/-3 '. '(3 8&,*2*3) /.' 03'90/*/4 '. '(3*0 +*22&43) =a i!ies disp!aced fro > .i!!a,es in Mu+affarna,ar- i.e.adpur Raisin,h and

=u,ana- 6uta"a- 6ut"i- 6a#da- Moha

Mund"har and ) .i!!a,es in 0ha !i- i.e.- Aisadh- Aan# and 8aha.adi ha.e not a,reed to return to their nati.e .i!!a,es e.en after confidence "ui!din, easures and serious

persuasion. Their decision was found to "e 1ustified !ar,e!$ "ased on the fear e anatin, fro the #ind of incidents of

urders and arson that had happened in these .i!!a,es durin, the .io!ence that "ro#e out on & th and 5th 0epte "er(%1). The 0tate <o.ern ent.ide its order dated

(>.1%.(%1)- has decided to ,i.e a !u psu

,rant of Rs. 4

!acs per fa i!$ for their resett!e ent and reha"i!itation. Accordin, to the pre!i inar$ esti ates of houses in these .i!!a,es- an a ount of Rs.'% crores has "een sanctioned for 15%% fa i!iesRs.7).14 crores to 5>) fa i!ies out of '%1

such fa i!ies in Mu+affarna,ar and Rs.)5.7% crores to &>5 such fa i!ies in 0ha !i ha.e "een paid under the oneCti e financia! assistance for their reha"i!itation. In addition to

this- 1) fa i!ies in Mu+affarna,ar ha.e "een ,i.en part

40 Page 40

pa$ ent of Rs.( !acs each incurrin, Rs.(> !acs. Thus- 1>77 fa i!ies ha.e "een paid ti!! date and an a ount of Rs.51.51 crores has "een spent for their resett!e ent and

reha"i!itation. 11. C.,53/)&'*./ 8.0 *,,.+&:23 50.530'; 6&,&43 '. ,.+&:23 &/6

Assess ent was done for da a,e to the uninsured o.a"!e and i were o.a"!e propert$ durin, the riots. Dfforts

ade to assess the !oss "$ a tea

of 9ua!ified persons

in the presence of .icti s.

Photo,raph$ and .ideo,raph$

was a!so done durin, the process. Accordin, to the !atest reports- an a ount of Rs.1(7.%> !acs has "een paid in (1( cases- out of (1& sur.e$ed cases worth Rs.1(4 !acs. 0i i!ar!$- in *istrict Mu+affarna,ar- 7>4 o.a"!e properties ha.e "een assessed at Rs.1&>.77 !acs and the c!ai properties. of Rs.1&7.5( !acs has "een sett!ed for 74' Hence- the c!ai of >&1 properties out of >5(

tota! da a,ed

o.a"!e properties has a!read$ "een sett!ed

and an a ount of Rs.('5.55 !acs has a!read$ "een paid. As per the order dated (>.1%.(%1) re,ardin, oneCti e financia! assistance to the fa i!ies fro ' .i!!a,es- the

41 Page 41

co pensation for the da a,e to the i

o.a"!e properties of

these fa i!ies is inc!uded in the oneCti e assistance. Therefore- the co pensation for da a,e to i o.a"!e

propert$ has to "e paid in the re ainin, .i!!a,es on!$. 8esides- the a ount is to "e paid in two e9ua! insta! ents. A!! (7 cases identified in 0ha !i- a!! > cases identified in 8a,hpat and 44 out of 4> cases identified in Mu+affarna,ar ha.e "een paid the first insta! ent of Rs.4%.4> !acs. Thus- a tota! a ount of Rs. )7'.77 !acs has "een paid as

co pensation for the !oss of uninsured i o.a"!e propert$ !oss in ) districts.

o.a"!e and

E/(&/-36 C.,53/)&'*./7 )1) *urin, the course of hearin,- !earned senior counse! and the Additiona! Ad.ocate <enera! of U.P. appearin, for the 0tate assured this :ourt that the <o.ern ent wou!d consider enhancin, the a ount of co pensation to the .icti s of co una! .io!ence who had died and to the

parents of the deceased chi!dren "e!ow 4 $ears of a,e. )() It is "rou,ht to our notice that "$ <.O. dated 15.%(.(%17 issued "$ the Ho e 0ecretar$- <o.ern ent of U.P.- it has

42 Page 42

"een decided that the 0tate <o.ern ent wou!d pro.ide further co pensation of Rs. ) !a#hs in addition to the co pensation a!read$ pro.ided to the re!ati.es of the deceased and a co pensation of Rs. ( !a#hs to the parents of the deceased chi!dren "e!ow 4 $ears of a,e who died in the re!ief ca ps. ))) In addition to the sa e- the 0tate has a!so hi,h!i,hted other re!iefs that ha.e "een ,i.en to the riot .icti s for da a,e of i o.a"!e properties. The chart p!aced "efore us

shows the na es of the persons- father?s na e- t$pe of propert$- t$pe of da a,e- .a!ue of the propert$- na e of the .i!!a,e- district and the actua! a ount paid to those persons. The said chart a!so shows that in this cate,or$- 151 persons recei.ed .arious a ounts dependin, on the .a!ue of the propert$ !ost. Ai#ewise- the 0tate has a!so p!aced detai!s

re,ardin, financia! assistance to in1ured persons due to co una! .io!ence. The chart furnished shows that a"out Mu+affarna,ar- 0ha !i- 0aharanpur and

4) persons fro

8a,hpat were "enefitted. It a!so contains the na e of the in1ured persons- their fa i!$ detai!s and their fu!! address as we!! as the co pensation recei.ed fro the 0tate

43 Page 43

<o.ern ent. The 0tate has a!so p!aced particu!ars re,ardin, the "eneficiaries of Rani Aa#sh i"ai Pension Jo1ana re!atin, to persons who sustained in1uries "oth si p!e as we!! as ,rie.ous in co una! .io!ence. The chart a!so shows the

na e and detai!s of their fa i!$- a,e- fu!! particu!ars and the a ount paid for the period 0epte "er (%1) to March (%17. P(&)3 .8 I/+3)'*4&'*./7 )7) Apart fro the reha"i!itati.e and pre.enti.e easures-

certain concerns were a!so raised "$ the petitioners in re,ard to the inefficient in.esti,ation "$ 0tate Po!ice and !apse of procedura! !aws which !eads to ,ross .io!ation of ri,hts of .icti s. )4) Re,ardin, the stand of the petitioners that an$ fa!se

accused were shown as cu!prits- the 0tate has fi!ed a detai!ed note wherein it is stated that a tota! nu "er of 4>> cases are "ein, in.esti,ated "$ the 0pecia! In.esti,ation :e!! (0I:). It was su" itted that durin, in.esti,ation- it was o"ser.ed that an$ cases were fa!se and na ed in =IRs. an$ persons ha.e "een wron,!$

The in.esti,atin, officers found sufficient The 0tate has

,round and e.idence for their innocence.

pointed out that na es of a!! such persons- .i+.- 47' persons44 Page 44

ha.e "een re o.ed. Ti!! now- 75 re,istered cases ha.e "een found fa!se and the sa e were either e/pun,ed or re o.ed. 3a es of >' persons in urder cases ha.e "een found fa!se the accused !ist.

and their na es ha.e "een re o.ed fro

In addition to the a"o.e infor ation- the 0tate has furnished a !ist of accused found fa!se which contains 41> persons fro Hindu co unit$ and )) fro Mus!i - i.e.- a tota! nu "er of

47' persons. The 0tate has a!so furnished a !ist of e/pun,ed cases and the persons who were wron,!$ inc!uded. a,ain- the 0tate has Here

entioned the na es and addresses of

those persons- cri e nu "er- po!ice station- offences under .arious enact ents and districts. )>) It is further seen fro the infor ation furnished "$ the

0tate that at present 0I: is in.esti,atin, a tota! nu "er of 4>> cases re,istered durin, the co una! .io!ence in

Mu+affarnar,ar and ad1oinin, districts of 0ha !i- 8a,hpat0aharanpur and Meerut. Out of 4>> cases- 4)) cases are of Mu+affarna,ar- (& of 0ha !i and ( each of 8a,hpat0aharanpur and Meerut. Of these 4>> cases- 4' cases are of urder and rest are of arson- dacoit$- ,rie.ous in1ur$ and of isce!!aneous t$pe. 0i/ cases of rape ha.e a!so "een

45 Page 45

re,istered.

A!! rape cases are of Vi!!a,e =u,ana- Po!ice In a!! these cases- >7%)

0tation =u,ana- Mu+affarna,ar.

peop!e were na ed and (4) ca e to !i,ht. Of these- 47' accused were found fa!se. It was a!so o"ser.ed that persons were na ed in an$

ore than one case and a ca!cu!ation Ti!! in

of a!! these re.ea!ed that )5%) persons were na ed. date'57 persons cases. ha.e Rest "een of dec!ared the cases accused are

in.esti,ated in.esti,ation.

under

))& accused ha.e "een arrested and >1 )&7 3onC

persons ha.e surrendered "efore the :ourt.

8ai!a"!e @arrants- 1'4 warrants under 0ection 5( of the :ode and ) #ur#i (attach ent) warrants of 0ection 5) of the :ode ha.e "een issued. :har,eCsheet has "een fi!ed a,ainst ()5 accused and :!osure Reports ha.e "een ,i.en a,ainst 1%( persons. C./)'*'9'*./ .8 '(3 SIC7 )&) A"out the constitution of 0I: and the in.esti,ation- the 0tate has hi,h!i,htedE
G0pecia! in.esti,ation ce!! was constituted in the onth of 0epte "er after the co una! .io!ence in the district Mu+affarna,ar and ad1oinin, district to in.esti,ate the cases re,istered durin, co una! .io!ence. As the tas# was .er$ dauntin, "ecause ost of the co p!ainant had 46 Page 46

ethod of

f!ed fro their .i!!a,es and had ta#en refuse in .arious re!ief ca ps and in their re!ati.es. The first tas# was to !ocate the co p!ainants and witnesses. This hardeous tas# was acco p!ished after ta#in, the !ist of persons sta$in, in ca ps and ,ettin, their o"i!e nu "ers. Thereafter- in9uirin, fro one person to another co p!ainants and witnesses were approached and their state ents were recorded. This o".ious!$ de!a$ed in.esti,ation to so e e/tent- "ut once the co p!ainants and witnesses were traced- in.esti,ation too# pace and .er$ soon in.esti,ation of a!! the cases wi!! "e co p!eted. *urin, in.esti,ation- 0I: used scientific ode of in.esti,ation. 0o e of the ethods which were used are as fo!!owsE 1. A !ar,e nu "er of persons were na ed in .arious cases re,istered. To confir the authenticit$ of co p!aint and accused person- !ocation of "oth co p!ainant and accused persons were co!!ected throu,h their o"i!e nu "ers. Mo"i!e no. of .arious persons were ana!$sed. :a!! detai!s were a!so app!ied to wor# out un#nown cases. (. In the .i!!a,e Aisad of P0 =u,hana death of 1) persons were reported. The "od$ of 11 persons out of 1) were not reco.ered and no traces of their "od$ were found. 0I: too# the he!p of =orensic 0cience Aa"orator$- Auc#now to find the traces of their death. =0A used scientific ethods to co!!ect si,n of so e "!ood. D.en thou,h (% da$s ha.e passed after the c!ai of death- =0A was successfu! in findin, si,n of so e "!ood "$ 8en1a in test. The "!ood sa p!es ha.e "een sent for e/a ination. *urin, in.esti,ation- so e suspicious s a!! pieces of "ones were reco.ered- which has "een sent for *3A and other scientific e/a ination. In one another case- *3A sa p!es ha.e "een sent to atch of the c!ai of death.H

)5) In support of the a"o.e stand- the 0tate has a!so p!aced copies of .arious orders passed "$ the 0I:. A003)' &/6 8.22.>195 &-'*./7 )') Re,ardin, arrest and fo!!owCup actions- the 0tate has fi!ed a !ist of arrested persons in co una! .io!ence in

47 Page 47

Mu+affarna,ar and ad1oinin, areas. na es of )%5 arrested persons

The !ist shows the in the *istricts of

Mu+affarna,ar and 0ha !i.

Here a,ain- the 0tate has

furnished the na es and addresses of arrested accused- the date on which the$ were arrested- offences under .arious enact ents- cri e nu "er- po!ice station- nature of the offence- district- etc. The 0tate has a!so indicated the

re!i,ion of the accused 1ust to show that actions were "ein, ta#en irrespecti.e of the caste- co unit$ or re!i,ion.

7%) The 0tate has a!so furnished a !ist of 4% persons who surrendered ()1 "e!on,in, to Hindu co unit$ and 1'

Mus!i ). Here a,ain- the 0tate has furnished the na es and addresses of accused- date of surrender- offences in.o!.edtit!e of the cri e- case nu "er- po!ice station and district etc. 71) In addition to the a"o.e particu!ars- the 0tate has a!so furnished detai!s a"out the action ta#en a,ainst accused persons in co una! .io!ence cases as on %5.%(.(%17. The

chart contains the detai!s of the nu "er of the accusednu "er of cri es- detai!s re,ardin, action ta#en- t$pes of offences- etc. districtCwiseThe 0tate a!so cata!o,ued these detai!s .i+.Mu+affarna,ar0ha !i8a,hpat48 Page 48

0aharanpur and Meerut. 7() The 0tate has a!so furnished the detai!s re,ardin, action "ein, ta#en a,ainst po!itica! persons. The !ist contains tota! (( persons in this cate,or$ ha.in, their na es and addresses- particu!ars re,ardin, po!itica! part$- post he!dsuch as- Minister;MP;MAA- :ri e nu "er- po!ice station.arious offences and particu!ars re,ardin, action ta#en- etc. 7)) In addition to the a"o.e particu!ars- the 0tate has a!so hi,h!i,hted .arious difficu!ties faced "$ the *istrict Po!ice in a#in, arrests. Accordin, to the - ri,ht fro da$ one- the

*istrict Po!ice has faced staunch opposition and stron, protests in a#in, arrests in riot cases. Man$ pancha$ats The

and dharnas ha.e "een or,ani+ed to resist arrests. accused fro "oth the co

unities ha.e found stron,

refu,e in respecti.e .i!!a,es. In so e cases- .i!!a,ers ha.e e.en attac#ed the po!ice parties to stop the fro a#in,

arrest. In the note su" itted to this :ourt- the$ hi,h!i,hted so e of the nota"!e episodes that too# p!ace on 14.1%.(%1)(1.1%.(%1)(>.1%.(%1)(5.1%.(%1)%1.11.(%1)-

(4.%1.(%17- (>.%1.(%17.

Accordin, to the 0tate- in those unit$ o"structed the

49 Page 49

da$s- wo en fo!# of the particu!ar co

po!ice fro hidin,.

enterin, their houses where the accused were 6hap pancha$ats pre.ented the po!ice fro

perfor in, their duties.

In spite of those protests and

o"structions- the 0tate has hi,h!i,hted that the *istrict Po!ice has "een persistent and di!i,ent in a#in, arrests of the

accused persons in riot cases and so far ))& accused persons ha.e "een arrested and >1 accused persons ha.e "een forced to surrender. The raid tea s fro stations are "ein, sent re,u!ar!$ to dedicated sur.ei!!ance tea respecti.e po!ice a#e arrests. A

has "een dep!o$ed with the

:ri e 8ranch to ,ather inte!!i,ence a"out the wherea"outs of the accused persons of serious riot offences. *espite

e/tre e ad.erse circu stances and stron, protests fro "oth co unities- the po!ice has ade persistent atte pts ade

to effect the arrests of the accused peop!e. The efforts "$ the district po!ice areE (i) :ontinuous raids I Tea s fro

.arious po!ice stations

!ed "$ senior po!ice officers ha.e "een conductin, raids for the accused on re,u!ar "asis. (ii) <atherin, of infor ation I To !ocate the accusedre!e.ant infor ation is "ein, ,athered- infor ers
50 Page 50

ha.e "een e p!o$ed and peop!e fro

the sa e

.i!!a,es ha.e "een identified who are wi!!in, to pro.ide infor ation a"out the accused peop!e. (iii) 0ur.ei!!ance and :ri e 8ranch support I In a#in,

arrests- the district po!ice ha.e a!so sou,ht support of sur.ei!!ance tea s and :ri e 8ranch e/perts to ,ather arrests. (i.) 0e.era! eetin,s are "ein, conducted in affected infor ation a"out accused to faci!itate

.i!!a,es to ,enerate confidence a on,st the .i!!a,ers and to ensure the that innocent peop!e wi!! not "e

harassed- to "!unt their resistance a"out arrests. (.) Meetin,s co are a!so to arran,ed faith "etween and the fee!in, two of

unities

restore

"rotherhood. 0uch efforts are "ein,

ade to a!ienate

the actua! accused peop!e who are desperate!$ tr$in, to find support fro their co unit$.

(.i) The po!ice has a!so "een see#in, re!e.ant and ti e!$ court orders and ha.e "een i p!e entin, court processes and attach ent orders to ount pressure

51 Page 51

on the accused. (.ii) :ounse!in, efforts are "ein, ade so that the fa i!$

e "ers and supporters of the accused peop!e can "e con.inced to offer arrests or surrender of accused persons "efore the :ourt. (.iii) In so e suita"!e cases- reward is a!so dec!ared on the accused to ount pressure. of e/perienced po!ice personne! for is dep!o$ed to ,ather re!e.ant

(i/) A dedicated tea each accused

infor ation a"out his wherea"outs- hidin, p!acesrefuse- and support "ase to effect arrests. 77) Re,ardin, ar s and a unitions- reco.er$ of A67&

cartrid,es- etc.- particu!ar!$- in .i!!a,e 6irtha!- Po!ice 0tation Ra a!a- *istrict 8a,hpat- the 0tate has hi,h!i,hted thatE
GOn 11;%);1) Ra a!a po!ice was on !aw and order dut$ and was patro!!in, in .i!!a,e 6irtha! P0 Ra a!a. Irshad s;o =a#ruddin- 0hoai" s;o Munsa"- Kahid s;o I9"a!- 8asiruddin s;o I9ra a!! residents of .i!!a,e 6irtha! P0 Ra a!a ounted an unpro.o#ed attac# on the patro!!in, part$ with "ric#"ats and caused o"struction in the dischar,e of dut$. In this incidentone consta"!e 5)( :P Vi1a$ 6u ar was ,rie.ous!$ in1ured. In this connection- 0HO Ra a!a 0hri Ra1ender 0in,h re,istered a :ase :ri e 3u "er (7>;1) u;s )%&- )4)- )7 IP: a,ainst the a"o.eC entioned four persons at P0 Ra a!a. In the conte/t of the a"o.eC entioned incident- 0HO Ra a!a 0hri Ra1endra 0in,h was en,a,ed in chec#in, and fris#in, of suspicious persons in 52 Page 52

.i!!a,e 6irtha!. *urin, this chec#in, one Ro1uddin s;o =a#ruddin r;o .i!!a,e 6irtha! P0 Ra a!a was arrested and one c p )14 "ore- 71 cartrid,es of A6 7& rif!e- 17 cartrid,es of ' pisto! were reco.ered fro his possession. In this connection- one case cri e nu "er (7';1) u;s (4 Ar s Act was re,istered at P0 Ra a!a. The case cri e nu "er (7>;1) u;s )%&- )4)- )7 IP: was in.esti,ated "$ 0I 0hri Vi1endra 0in, Panwar- a!! the four na ed accused were arrested- one c p )14 "ore with cartrid,e- one !icenced ,un with cartrid,es were reco.ered and- fina!!$- char,eCsheet nu "er 1();1) dated 1';1%;1) was su" itted to the concerned court a,ainst a!! the four na ed accused. 0i i!ar!$- the case cri e nu "er (7';1) u;s (4 Ar s Act was du!$ in.esti,ated "$ 0I 0hri 0u"hash :hand. *urin, the in.esti,ation the arrested person Ro1uddin to!d the IO that the A6 7& and ' cartrid,es "e!on,ed to his "rother I9"a! who had "een dischar,ed fro 80= on poor hea!th ,round. On co in, to !i,ht his "rother I9"a! s;o =a#ruddin was interro,ated "$ the IO "ut no pro,ress was ade "ecause I9"a! denied that the reco.ered cartrid,es "e!on,ed to hi and no other independent incri inatin, e.idence cou!d "e co!!ected durin, in.esti,ation a,ainst hi . On co p!etion of in.esti,ation- char,eCsheet nu "er 1(%;1) was su" itted to the concerned :ourt on 1(;1%;1). The atter was in.esti,ated "$ 0I 0hri 0u"hash :hand. On co p!etion of in.esti,ation- char,eCsheet nu "er 1(%;1) dated 1(;1%;1) has "een su" itted to the concerned court. *urin, the in.esti,ation a!! the four na ed accused were arrested and sent to 1ai!. One c p with one cartrid,e )14 "ore- one !icensed ,un with cartrid,e were reco.ered fro the . @hen ade9uated e.idence was co!!ected a,ainst the accused- char,eCsheet nu "er 1();1) dated 1';1%;1) was su" itted to the concerned court.H

74) In respect of a!!e,ations re!atin, to :ri e 3o. 175;1) under 0ections 17&- 175- 17' and )'> IP:- P0 =u,hanaMu+affarna,ar- it is statedE
GThe a"o.e case was re,istered "$ *i!sad s;o 0a#ee! r;o

53 Page 53

Vi!!. 8ahawadi P;s =u,hana that on 5.%'.1) his father was forci"!$ ta#en awa$ "$ na ed persons and was #i!!ed. The case was in.esti,ated "$ Insp. Matadin Ver a. @hen In9uest report and post orte report was sou,ht- no record of In9uest and Post orte was found either in Po!ice 0tation or in :MO office. The state ent of co p!ainant was recorded. He said that he had identified the chhared "od$ of his father and "uried in the ,ra.e$ard. After ,oin, throu,h records of po!ice station- it was found that one postC orte report was e/tra attached in the =IR of case cri e no. 17);1) of P;s =u,hana which was re!ated to the incident of .i!!a,e Aa# and no c!ai ant of that postC orte e/isted neither an$one had c!ai ed that so e"od$ is issin, fro .i!!a,e. Thus- it was assu ed that since there was ,reat co otion after the riots and ore than 1) corpes were "rou,ht to P0- so e ista#e i,ht ha.e occurred in writin, the p!ace of incident in in9uest report. 0o- the post orte report was attached to the case no. 175;1). 8utthere was one ano a!$ that the a,e in Post orte report of deceased was (4 $ears- "ut the a,e of deceased in :r. 3o. 175;1) was ore than 74 $ears. 8ut- fortunate!$ since the postC orte report attached was of an un#nown "od$its tooth- hair and other parts of the "od$ were preser.ed for *3A ana!$sis. The co p!ainant has not turned up in spite of repeated re9uest "oth in written and persona! "$ the in.esti,atin, officer for pro.idin, "!ood sa p!es necessar$ for the test.H

7>) In the case of :ri e 3o. 7%);1)- Po!ice 0tation 2ansathMu+affarna,ar- the 0tate has infor ed this :ourt thatE
GOn (&C%5C1)- 0achin s;o 8isan 0in,h and <aura. 0;o Ra.indra 0in,h "oth resident of Ma!i#pura p;s 2ansath were #i!!ed in .i!!a,e 6awa! P;s 2ansath. In this re,ard- a"o.e case was re,istered a,ainst > persons. Out of si/ na ed persons- ( were arrested and ) surrendered "efore the court. :har,esheet no. 154;1) dated (7C11C1) has "een fi!ed a,ainst 4 accused. In.esti,ation a,ainst one person is ,oin, on.H

7&) In the case of :ri e 3o. 7%7;1)- Po!ice 0tation 2ansathMu+affarna,ar- the 0tate has infor ed this :ourt thatE
GOn (&C%5C1)- 0ahnawa1 s;o 0a!i r;o 6awa! was #i!!ed in 54 Page 54

.i!!a,e 6awa!. In this re,ard- the a"o.e case was re,istered in which 5 persons were na ed inc!udin, 0achin and <aura. who were #i!!ed in the .i!!a,e 6awa!. *urin, in.esti,ation- it was found that no person of the na e Jo,endra s;o Prah!ad r;o Ma!i#pura (who was na ed accused) e/ists in Ma!i#pura. One another person 3itin s;o Ra.inder whose na e was !ater on ,i.en throu,h affida.it "$ witnesses had died si/ onths "efore the incident. Ti!! now a,ainst rest si/ persons- no e.idence of their in.o!.e ent in cri e has "een found.H

75) Re,ardin, a!!e,ations- .i+.- co

una! "ias- the 0tate-

whi!e den$in, a!! those a!!e,ations- furnished a !ist of arrested persons in co ad1oinin, districts. una! .io!ence in Mu+affarna,ar and

Here a,ain- it is furnished that the

nu "er of tota! arrested persons are ))7- out of which- (4> "e!on,ed to Hindu co co unit$ and &5 "e!on,ed to Mus!i

unit$. In addition to the sa e- the$ a!so furnished the

na es and addresses of the arrested accused- date of arrestoffences in.o!.ed- case nu "er- po!ice station and district etc. In addition to the sa e- the$ a!so furnished present unit$Cwise and

status of cases under in.esti,ation- co

districtCwise. It a!so shows the tota! re,istered cases in the districts of Mu+affarna,ar- 0ha !i- 8a,hpat- 0aharanpurMeerut in the po!ice stations as )1>- fro the ca ps (4%-

nu "er of cases re,istered "$ Mus!i s 7'(- nu "er of cases re,istered "$ Hindus 7%- cases re,istered "$ the po!ice )7true cases found ti!! date 415- nu "er of na ed persons in
55 Page 55

those cases >177- a on, those persons 44'& "e!on,ed to Hindu co unit$ and 47& "e!on,ed to Mus!i co unit$-

nu "er of persons a,ainst who

e.idence found '57- etc.

F.22.>195 &-'*./ */ R&53@M.23)'&'*./ C&)3)7 7') :o in, to the a!!e,ations re!atin, to rape and inaction on the part of the po!ice in apprehendin, the accused as we!! as for protection of the .icti s- the 0tate has fi!ed an Action Ta#en Report. In that report- it was entioned that in :: 3o.

1&' of (%1)- Po!ice 0tation =u,ana- out of 4 accused- the$ arrested on!$ one and in respect of re ainin, 7- nonC"ai!a"!e warrants were issued and steps were ta#en for dec!arin, the as a"sconders under 0ection 5( of the :ode. Insofar as

:: 3o. )%% of (%1)- Po!ice 0tation =u,ana is concerned- > persons were arra$ed as accused "ut none was arrested so far and nonC"ai!a"!e warrants and proceedin,s under 0ection 5( of the :ode are pendin, a,ainst a!! of the . As re,ards :: 3o. )>% of (%1)- Po!ice 0tation =u,ana- out of 1( accused persons- none was arrested. 0i i!ar!$- in :: 3o. )>1 of (%1)Po!ice 0tation =u,ana- two persons were shown as accused. Here a,ain- none of the was arrested.

56 Page 56

4%) Insofar as rape case pertainin, to :: 3o. )%% of (%1)the 0tate has furnished the fo!!owin, detai!sE *ate of incident I %5.%'.(%1) *ate of reportin, I (>.%'.(%1) Offences C under 0ections )'4- )'&- )&>*- 14)A- 7)> IP: Po!ice 0tation I =u,ana- Mu+affarna,ar P!ace of Incident I Vi!!a,e =u,ana *ate of edica! e/a ination I ('.%'.(%1)

*ate of the state ent under 0ection 1>1 :r.P: I (4.1%.(%1) *ate of state ent under 0ection 1>7 :r.P: I %'.1(.(%1) 41) In the said case- an =IR was !od,ed statin, that si/ na ed cuprits co itted the a"o.e cri e. As re,ards

pro,ress of the case- it is statedE

GThe first in.esti,ation was ta#en "$ 0I Dsa 0in,h of P;s =u,hana and it was transferred to Insp. *har pa! 0in,h of 0I:. As there was no Aad$ Po!ice Officer in 0I:- the in.esti,ation was ta#en "$ Insp. Ma!a Jada. of 0I: on 15.1%.1). 0tate ent under 1>1 :rP: was recorded on (4.1%.1) as ear!ier atte pt to contact .icti cou!d not "e ade as she had ,one to *e!hi with her hus"and. On %5.11.1) scene of cri e was .isited a!on, with the .icti . In her 1>1 :r.P: state ent and in =IR there was so e contradiction as in =IR she has said that si/ person has raped her "ut in 1>1 :rpc state ent she said that on!$ 7 person raped her and she does not #now rest of the person. =urther her ca!! detai!s did not atch 1>1 state ent. Her state ent had to "e .erified and contradiction needed proper 1ustification. Therefore- the in.esti,atin, officer had to in.esti,ate the case cautious!$. Aater on state ent of other witnesses were recorded. 0tate ent under 1>7 :rpc was recorded on %'.1(.1). After 1>7 :rpc state ent so e other state ent had to "e ta#en. Re9uisition of arrest was sent to the po!ice station 57 Page 57

on %(.%1.17 and 38@ was ta#en a,ainst a!! si/ accused. @arrant under 5( :rpc has "een ta#en a,ainst a!! the accused. Raids were conducted to arrest the accused on %7.%1.17- %4.%1.17- (%.%1.17. =urther raids are ,oin, on to arrest the accused.H

4() As re,ards rape case pertainin, to :: 3o. )>% of (%1)the 0tate has furnished the fo!!owin, detai!sE *ate of incident I %5.%'.(%1) *ate of reportin, I %1.1%.(%1) Offences C under 0ections 17&- 175- 17'- 74(- )4(- )&>* IP: Po!ice 0tation I =u,ana- Mu+affarna,ar P!ace of Incident I Vi!!a,e =u,ana *ate of edica! e/a ination I 15.1%.(%1)

*ate of the state ent under 0ection 1>1 :r.P: I (4.1%.(%1) *ate of state ent under 0ection 1>7 :r.P: I 11.1(.(%1)

4)) In the said case- an =IR was !od,ed statin, that 1> na ed cuprits co itted the a"o.e cri e. As re,ards

pro,ress of the case- it is statedE

GThe in.esti,ation was started "$ 0I R.0. 8ha,aur of P;0 =u,hana on %'.1%.1). It was ta#en "$ Insp. Ma!a Jada. of 0I: on 15.1%.1). The state ent under 1>1 :rpc was recorded on (4.1%.1) as the .icti had ,one to *e!hi. The state ent under 1>1 :rpc and =IR were contradictor$ as no. of persons accused of rape differed fro =IR. Therefore- her state ent had to "e .erified cautious!$. P!ace of incident was .isited on %5.1%.1) as she was not a.ai!a"!e on other date. 0tate ent under 1>7 :rpc was 58 Page 58

recorded on 11.1(.1). :a!! detai!s of o". 3o. did not atch with the incident. =urther state ent of other witnesses has to "e ta#en to corro"orate the incident as accordin, to =IR her hus"and- =ather in !aw- "rother in !aw and other in !aw a!! were present at the ti e of incident. After co!!ectin, a!! e.idence re9uisition of arrest was ,i.en on 15.%1.17 to !oca! po!ice station. 38@ was ta#en and sent on ().%1.17 and warrant under 5( :rpc was ta#en on (&.%1.17. Raids were conducted on 15.%1.17- 1'.%1.17 and on other dates in spite of stron, resistance fro !oca! .i!!a,ers.H

47) Re,ardin, rape case pertainin, to :: 3o. 1&' of (%1)the 0tate has furnished the fo!!owin, detai!sE *ate of incident I %5.%'.(%1) *ate of reportin, I ((.%'.(%1) Offences C under 0ections )'4- )7(- 7)>- 14)A- 4%>- )&>* IP: Po!ice 0tation I =u,ana- Mu+affarna,ar P!ace of Incident I Vi!!a,e =u,ana *ate of edica! e/a ination I ('.%'.(%1)

*ate of the state ent under 0ection 1>1 :r.P: I (7.1%.(%1) *ate of state ent under 0ection 1>7 :r.P: I %'.1(.(%1) 44) In the said case- =IR was !od,ed a,ainst 4 na ed cu!prits. As re,ards pro,ress of the case- it is statedE
GThe case was re,istered on ((.%'.1) at P;0 =u,hana Mu+affarna,ar "$ the .icti . The in.esti,ation was initia!!$ started "$ 0I Ani! 6u ar 2a$ant of 0I: on )%.%'.(%1) since at that ti e there was no Aad$ Po!ice Officer attached to the 0I:. Medica! of the .icti was done on ('.1%.(%1) "$ the !oca! po!ice. The in.esti,ation of the case was ta#en o.er "$ Aad$ Po!ice Officer Inspector Ma!a Jada. on 15.1%.1). On (7.1%.1) state ent under 1>1 :rpc was recorded as ear!ier atte pts on (1.1%.1)

59 Page 59

and ().1%.1) to record her state ent cou!d not "e ade as the .icti had ,one to *e!hi. On 5.11.1) the scene of the cri e was inspected. Dar!ier atte pt to contact her fai!ed as she has ,one to so e re!ations. In her state ent na e of other witnesses a!so appeared "ut the$ cou!d not "e contacted. :a!! detai!s of .icti was a!so ta#en to .erif$ the state ent ,i.en "$ her son and the .icti . The state ent of .icti differed fro =IR as in =IR it was written that the cu!prits ca e fro roof of the House "ut in her state ent she said that the$ cau,ht her on the road. 0he cou!d not e.en identif$ the scene of cri e. 8esides this there were so e contradictions in her state ent which needed proper .erification as she had stated that her do estic ani a!s were sto!en "ut it was found durin, in.esti,ation that she has ta#en her do estic ani a!s "ac# fro one inha"itants of .i!!. =u,hana. The c!othes worn "$ her on the date of the incident cou!d not "e reco.ered as she said that she had thrown it. Her 1>7 :rpc state ent was re,istered on %'.1(.1). The ear!ier atte pts to re,ister her state ent u;s 1>7 :rpc cou!d not succeed "ecause she was not a.ai!a"!e e.en thou,h 0afina was sent to her under section 1>% :rpc. In her 1>7 :rpc state ent she accused a!! the 4 na ed person of co ittin, the cri e. The state ents of other witnesses were a!so recorded. Therefore- it too# so e ti e to ensure that innocent persons a$ not "eco e cu!prit and proper sufficient e.idence is co!!ected to prosecute the offenders and a!! contradiction shou!d ha.e proper and reasona"!e 1ustification. Re9uisition of arrest under 44 :rpc a,ainst a!! %4 cu!prit was issued on 15C%1C17. 38@ was issued a,ainst accused on (%.%1.17. On (7.%1.17 one accused Vedpa! was arrested. On (&.%1.17 @arrant under 5( :rpc was ta#en. Meanwhi!e atte pts to arrest the accused was ade on 15.%1.17- 1'.%1.17 and e.en after (&.%1.17- thou,h under se.ere protest fro .i!!a,ers. =urther raids are "ein, ade to arrest the accused. 3o case of arson was found.H

4>) It is seen fro

the a"o.e particu!ars that a tota! nu "er

of si/ cases of rape were re,istered at the po!ice station =u,ana of *istrict Mu+affarna,ar. The cases were re,istered after ore than (% da$s fro the date of incident. Accordin,

to the 0tate- in.esti,ation in a!! the si/ cases is a! ost

60 Page 60

co p!ete.

After ta#in, the state ent of .icti s under

0ection 1>1 of the :ode- scene of cri e has "een .isited "$ the in.esti,atin, officer a!on, with other officers. Medica!

e/a ination of a!! the .icti s has "een done and state ents of a!! the .icti s ha.e "een recorded under 0ection 1>7 of the :ode. It is further seen that a!thou,h 71 persons were na ed in a!! the si/ cases- in.esti,ation and the state ent of .icti s under 0ection 1>7 of the :ode refers on!$ to (( persons. On!$ one accused had "een arrested in the case of :.:. 3o. 1&' of (%1) and proc!a ation under 0ection 5( of the :ode has "een issued a,ainst rest of the (1 accused persons. It is a!so seen that raids are "ein, conducted "$ !oca! po!ice to arrest the re ainin, accused. 4&) The particu!ars furnished further show that a tota! se.en cases of o!estation were re,istered durin, the co una!

.io!ence. After in.esti,ation and recordin, the state ent of co p!ainant and the soCca!!ed .icti s- it was found that there was no case of o!estation. :har,es of o!estation in

a!! the se.en cases were found fa!se. Out of se.en cases- in fi.e cases- other char,es of dacoit$ and in1ur$ were a!so found fa!se as the co p!ainants denied occurrence of an$

61 Page 61

such incident. In rest of the three cases- act of dacoit$ was c!ai ed "$ the co p!ainant. Orders of arrest in :r!. 3o. ('' of (%1) ha.e "een ,i.en a,ainst fi.e persons. In :r!. 3o. (47 of (%1)- co p!ainant stated in.o!.e ent of 1' out of (( na ed persons of co ittin, dacoit$ and arson. =our fresh

na es were a!so ,i.en. In.esti,ation is ,oin, on to find out the authenticit$ of in.o!.e ent of accused person in this case. 0i i!ar!$- in :r!. 3o. )1( of (%1)- co p!ainant had

na ed 17 persons "ut in state ent under 0ection 1>1 of the :ode- denied the char,es of o!estation. The scene of cri e

showed arson in the house. Thou,h the co p!ainant has not entioned an$ act of arson in the house- the in.esti,atin, officer has added the re!e.ant 0ection in his in.esti,ation. In.esti,ation is ,oin, on to find the in.o!.e ent of four na ed persons. 45) In addition to the sa e- the 0tate has a!so fi!ed detai!s of o!estation cases- such as nu "er of persons in.o!.edar$ of =IRs- pro,ress of the

offences- po!ice station- su case- etc.

4') Re,ardin, the a!!e,ation that in the re!ief ca p rape has "een co itted- "ased on the infor ation- :ase 3o. 4)&
62 Page 62

of (%1) under 0ections )&>(,) and 4%> IP: has "een re,istered a,ainst 0achin and 0ushi! and the in.esti,ation of the sa e has "een initiated "$ 6awarpa! 0in,h Inspector in char,e. *urin, the in.esti,ation- "oth a!!e,ed accused

0achin and 0ushi! ha.e "een arrested and sent to the 1ai! on %).11.(%1). 8oth the accused are in 1ai!. In the

in.esti,ation- proper and sufficient e.idence ha.e "een found a,ainst "oth the accused and char,eCsheet 3o. &) of (%1) dated %5.1(.(%1) has "een presented to the court concerned. >%) Apart fro the a"o.e particu!ars- the 0tate has a!so ade under @e

p!aced the actua! state ent of rape .icti s

0ection 1>7 of the :ode "efore the court concerned. ha.e a!so perused the sa e.

>1) @ith re,ard to .arious a!!e,ations raised in @rit Petition (:ri ina!) 3o.11 of (%17 re!atin, to the rape .icti s- a re9uest for recordin, fresh state ent under 0ection 1>7 of the :ode was ade. Respondin, to this- the 0tate has ade "$ Petitioner 3o. 7 under

infor ed that the state ent

0ection 1>7 of the :ode had not supported her .ersion in =IR 3o. 171 of (%1) and :ase :ri e 3o. ('> of (%1). *urin, the
63 Page 63

course of ar,u ents- !earned senior counse! for the 0tate a,reed to record the state ent of Petitioner 3o.7 "efore a !ad$ Ma,istrate if the petitioner is wi!!in, to appear. It is

c!arified "$ the 0tate that pursuant to the a"o.e state entthe I.O. concerned ,ot in touch with Petitioner 3o.7 on 1&.%(.(%17 and e/p!ained the circu stances to her for a#in, a fresh state ent under 0ection 1>7 of the :ode to a !ad$ Ma,istrate. Howe.er- accordin, to the respondentC a#e a fresh state ent

0tate- Petitioner 3o.7 dec!ined to

under 0ection 1>7 of the :ode "efore the !ad$ Ma,istrate as re9uested. In addition to the sa e- counse! for the 0tate has a!so "rou,ht to our notice the state ent of Petitioner 3o.7 and .ideo proceedin,s which are a.ai!a"!e with the 0tate for perusa! as and when desired "$ this :ourt. >() Re,ardin, the !ac# of securit$ co.er to the rape .icti son "eha!f of the 0tate- it is "rou,ht to our notice that the 0tate of U.P. has pro.ided securit$ co.er to a!! the rape .icti s- e/cept Petitioner 3o.7 in whose case =ina! Report has "een fi!ed. It is a!so "rou,ht to our notice that Petitioner 3o.1 and her hus"and had "een pro.ided securit$ ear!ier. It is a!so stated that a!! the rape .icti s refused securit$ co.er

64 Page 64

"ein, pro.ided "$ a !ad$ consta"!e and on seein, the sensiti.it$ of the one atter- the 0tate has pro.ided the with

a!e and one fe a!e securit$ personne!.

As per the

ateria!s p!aced- the fo!!owin, are the detai!s of the securit$ personne! pro.ided to the petitionersE
0.3o. 1. Petitioner 3o. Petitioner 3o.1 Particu!ars <unner :onsta"!e 3o. )%7 ar ed po!ice Ra.i 6u ar;Aad$ :onsta"!e 3o. 5'% 3isha <unner :onsta"!e 3o. ()5 ar ed po!ice Ani! 6u ar;Aad$ :onsta"!e 3o. 11'4 An1u!a <unner :onsta"!e 3o. )1) ar ed po!ice 3arendra 6u ar ;Aad$ :onsta"!e 3o. 14& 6ashtina <unner :onsta"!e 3o. 44 ar ed po!ice Arun 6u ar;Aad$ :onsta"!e 3o. 1''1 0a.ita <unner :onsta"!e 3o. )1' ar ed po!ice Vineet 6u ar;Aad$ :onsta"!e 3o. 1)%( Meena#shi <unner :onsta"!e 3o. ()( ar ed po!ice Ra.ish;Aad$ :onsta"!e 3o. 1%() 8harti

(.

Petitioner 3o.(

).

Petitioner 3o.)

7.

Petitioner 3o.4

4.

Petitioner 3o.>

>.

Petitioner 3o.&

>)) Re,ardin, nonCre,istration of =IR on the co p!aint sent "$ Petitioner 3o.&- the 0tate has infor ed this :ourt that =IR 3o. 15 of (%17 "ein, :ase :ri e 3o. )& of (%17 under 0ections )&>* and 4%> of the IP: at Po!ice 0tation =u,ana

65 Page 65

stands re,istered e.en on 15.%(.(%17. It is a!so "rou,ht to our notice that the fo!!owin, accused persons- .i+.- 6u!deepMahesh.eer and 0i#andar ha.e "een said co case cri e and in.esti,ation ade accused in the had a!read$ "een

enced.

As on date- Petitioner 3o. & has a!so "een a!e and one fe a!e securit$ personne!.

pro.ided with one

>7) In respect of arrest of accused persons in cases re!ated to the offence of rape- the 0tate has hi,h!i,hted that so far 4% tea s of po!ice personne! ha.e "een constituted. Dach tea tea is !ed "$ a 0u"CInspector and has (C) consta"!es. Dach has "een a!!otted )C7 accused and has "een ,i.en a

specific ti e fra e to affect these arrests since durin, the raids- it has "een found that the accused persons are not sta$in, in their nati.e .i!!a,es. These tea s wi!! trac# the !ocation and ha.e a focussed strate,$ of arrestin, tar,etted persons. In addition to the sa e- it is hi,h!i,hted that two co panies of the 0tate Para i!itar$ =orce ha.e "een ear ar#ed for assistin, these arrestin, s9uads. Additiona! 0P- :ri e- Mu+affarna,ar has "een operations. ade inCchar,e of arrest

It is a!so assured to this :ourt that despite

resistance to arrests- po!ice has successfu!!$ conducted raids

66 Page 66

on the houses and pro"a"!e p!aces of hidin, in .i!!a,es on re,u!ar "asis.

A-'*./ '&=3/ */ ,90630 &/6 .'(30 .883/-3)7 >4) Re,ardin, urders which occasioned durin, the

.io!ence- the 0tate has fi!ed a co pi!ation containin, !ist of na ed accused who were found fa!se in particu!ars furnished "$ the urder cases. The

show that a"out &% persons

(47 Hindus and 1> Mus!i s) were shown as accused and after in.esti,ation it was found that the$ were fa!se!$ i p!icated. In the Action Ta#en Report dated %5.%(.(%17-

under the caption G urder casesH- the 0tate has furnished infor ation that in Mu+affarna,ar0ha !i8a,pat-

0aharanpur- Meerut- 54& persons were i p!icated and after in.esti,ation the$ identified the tota! true accused as ))&out of which '7 persons were arrested- 17 surrendered- > reported dead and nonC"ai!a"!e warrants are pendin, a,ainst 1'5- 0ection 5( proceedin,s pendin, a,ainst 11'- 0ection 5) proceedin,s pendin, a,ainst ) and > persons were detained under the 3ationa! 0ecurit$ Act. The detai!s furnished further

67 Page 67

show that a tota! of 4' cases are "ein, in.esti,ated "$ 0I:. In these cases- &71 persons were na ed and 11> persons were "rou,ht to !i,ht. a,ainst ))& persons. Of these- e.idence has "een found Re9uisition of arrest has "een sent

a,ainst (5' accused. '7 accused ha.e "een arrested and 17 ha.e surrendered "efore the :ourt. > accused died durin, in.esti,ation. 3onC"ai!a"!e warrants a,ainst 1') accused

ha.e "een issued and action under 0ection 5( of the :ode has "een ta#en a,ainst 11> accused. Action under 0ection 5) of the :ode has "een ta#en a,ainst ) accused. :har,eC sheet was fi!ed a,ainst 44 accused. &% persons were found fa!se. :ases a,ainst 74% persons na ed;"rou,ht to !i,ht are under in.esti,ation. >>) In addition to the sa e- the 0tate has a!so furnished detai!s showin, the na es of the accused found true in urder cases. It shows that a tota! nu "er of )(( accused were co found truewhich consists co of (5> fro Hindu

unit$ and )> fro

Mus!i

unit$. The chart a!so

shows the na es and residentia! particu!ars- cri e nu "erpo!ice station- other detai!s a"out action a,ainst those accused. The 0tate a!so fi!ed !ist of surrendered accused in

68 Page 68

urder cases which co es to tota! 1) persons (7 fro co unit$ and ' fro Mus!i co unit$)a!!

Hindu fro

Mu+affarna,ar district. The chart a!so shows the na es and residentia! particu!ars- case nu "er- po!ice station- offences under .arious enact ents- date of surrender- etc. C&/-322&'*./ .8 B&*27 >&) Re,ardin, cance!!ation of "ai! orders- on hearin, the counse! for the petitioners- this :ourt sou,ht detai!s of cance!!ation of "ai! and action underta#en "$ the 0tate with re,ard to those accused who ha.e "een ,ranted "ai! either "$ the :ourt of Ma,istrate or 0essions :ourt. In response to the sa e- the 0tate has furnished that a,ainst (> accused persons- the 0tate has o.ed for cance!!ation of "ai! "efore

the :ourt of 0essions. In addition to the sa e- the 0tate has a!so p!aced a chart showin, the detai!s of cases in which the 0tate has o.ed "efore the :ourt of 0essions. The detai!s

furnished show that in (> cases in which the accused persons were char,ed with .arious offences under IP: read with :ri ina! A end ent Act- thou,h court concerned has ,ranted "ai!- the 0tate has o.ed an app!ication for

cance!!ation of the sa e. The 0tate Authorities are directed

69 Page 69

to pursue the sa e effecti.e!$.

It is a!so "rou,ht to our

notice that in another set of petitions where the accused persons ha.e "een ,ranted "ai! "$ the co petent court- the 0tate has a!read$ ,i.en appro.a! to fi!e app!ication for cance!!ation of "ai! "efore the Hi,h :ourt and the

<o.ern ent counse! has "een instructed that necessar$ action detai!s of a$ "e ta#en for o.in, such app!ications. The

o.in, app!ications for cance!!ation of "ai! a,ainst

4& accused persons to "e fi!ed "efore the Hi,h :ourt are furnished "efore this :ourt for our perusa!. The <o.ern ent counse! has a!so "rou,ht to our notice such ,o.ern ent orders instructin, for o.in, such app!ications for

cance!!ation. *urin, the course of hearin,- the counse! for the 0tate has a!so "rou,ht to our notice <o.ern ent Order dated %'.%1.(%17 for cance!!ation of the "ai! of A+ad and others in :ase :ri e 3o. 714 of (%1). >5) *urin, the course of hearin,- .arious counse! appearin, for the petitioners su" itted that "ai! has "een ,ranted to so e accused persons as the 0tate had not stron,!$ opposed their "ai! app!ications. 8$ drawin, our attention to certain docu ents p!aced "efore us- the counse! for the 0tate has

70 Page 70

pointed out that the Additiona! Pu"!ic Prosecutor had opposed the ,rant of "ai! then and there. >') Re,ardin, action ta#en a,ainst persons "e!on,in, to .arious po!itica! parties- it is hi,h!i,hted that the 0tate <o.ern ent has ta#en strict action a,ainst a!! the accused persons irrespecti.e of their po!itica! affi!iation. Aearned

counse! for the 0tate has pointed out that e.en the 0tate <o.ern ent in.o#ed the pro.isions of 3ationa! 0ecurit$ Act where.er re9uired. It is pointed out that the pro.isions of

3ationa! 0ecurit$ Act were in.o#ed a,ainst 11 persons. Mr. 0an,eet 0o - MAA- 82P and Mr. 0uresh Rana- MAA- 82P were a on,st those 11 persons. The chart produced "$ the 0tate for our consideration shows that a,ainst 11 persons hai!in, fro *istricts Mu+affarna,ar- 0ha !i and 8a,hpat detention

under 3ationa! 0ecurit$ Act was c!ai ed and the appropriate 8oard appro.ed fi.e detention orders and disappro.ed >. &%) In addition to the sa e- the 0tate of U.P. has o.ed

app!ication for cance!!ation of "ai! in re!ation to Mr. 6adir Rana- M.P. 80P- Mr. 0uresh Rana- MAA- 82P- Mr. 6unwar 8hartendu- MAA- 82P and Mr. 0h$a assured that a,ainst Aa!. The 0tate has a!so 0o - MAA 82P an
71 Page 71

Mr. 0an,eet

app!ication for cance!!ation of "ai! wi!! "e

o.ed "$ the 0tate

of UP "efore the A!!aha"ad Hi,h :ourt. It is a!so "rou,ht to our notice that a,ainst Mr. 0an,eet 0o - a case :ri e 3o. 555;1) under 0ections 14)A- 7(%- 1(%8 and >>AD of the IT Act read with &th :ri ina! Aaw A end ent Act was !od,ed in which it was a!!e,ed that the accused had up!oaded a fa!se and inf!a ator$ .ideo c!ippin, intended to incite co una!

.io!ence in the 0tate. In this re,ard- it is su" itted that the said c!ippin, was up!oaded on the socia! we"siteC=ace"oo# which has its ser.er in the U0. It is su" itted that the

re9uest for pro.idin, the detai!s of the IP address of the co puter which has "een used to up!oad the said .ideo is "ein, ade to the said co pan$ fo!!owin, the pro.isions of

0ection 1>>A of the :ode. Aetter dated (>.11.(%1)- written "$ the Under 0ecretar$- <o.ern ent of India to the Ho e *epart ent- 0tate of U.P. is a!so p!aced "efore us. F.22.>195 &-'*./ */*'*&'36 8.0 M*))*/4 P30)./)7 &1) @ith re,ard to the a!!e,ations re,ardin, persons- the 0tate has p!aced were tota! (7 reported issin,

ateria!s to show that there

issin, persons- out of which ) ha.e

"een traced and ha.e returned to their houses and ( dead

72 Page 72

"odies ha.e "een found.

Re ainin, 1' persons are sti!!

issin, and the 0tate ad inistration has assured that necessar$ steps ha.e "een ta#en for the sa e. If an$ person is dec!ared dead in ter s of Re,istration of 8irths and *eaths Act- 1'>' and the Indian D.idence Act- the 0tate wi!! consider for pa$in, co pensation to the #ith and #in of their fa i!ies. W(3'(30 */+3)'*4&'*./ :; SIT@CBI *) 03A9*0367 &() Re,ardin, the c!ai for transfer of in.esti,ation to

specia!i+ed a,enc$ !i#e the :entra! 8ureau of In.esti,ation (:8I) or 0pecia! In.esti,ation Tea (0IT) or transfer of tria!

outside the 0tate of U.P.- it is usefu! to refer the princip!es enunciated "$ this :ourt in .arious decisionsEC &)) In Common Cause, A Registered Society .s. Union of India and Others- (1''') > 0:: >>&- whi!e considerin, the scope and a "it of a cri ina! case "ein, tried or to direct an in.esti,ation "$ the :8I- a threeC2ud,e 8ench of this :ourt he!d as underEC
B1!#. The other direction- na e!$- the direction to :8I to in.esti,ate Gan$ other offenceH is who!!$ erroneous and cannot "e sustained. O".ious!$- direction for in.esti,ation can "e ,i.en on!$ if an offence is- pri a facie- found to ha.e "een co itted or a person?s in.o!.e ent is pri a facie esta"!ished- "ut a direction to :8I to in.esti,ate

73 Page 73

whether an$ person has co itted an offence or not cannot "e !e,a!!$ ,i.en. 0uch a direction wou!d "e contrar$ to the concept and phi!osoph$ of GAI=DH and GAI8DRTJH ,uaranteed to a person under Artic!e (1 of the :onstitution. This direction is in co p!ete ne,ation of .arious decisions of this :ourt in which the concept of GAI=DH has "een e/p!ained in a anner which has infused GAI=DH into the !etters of Artic!e (1.H

&7) In Secretary,

inor Irrigation ! Rura" #ngineering

Services, U.P. and Others .s. Sahngoo Ram Arya and Another- ((%%() 4 0:: 4(1- a,ain- considerin, the power of the Hi,h :ourt under Artic!e ((> to direct an in9uir$ "$ the :8I- this :ourt he!d thusE
B5. @hi!e none can dispute the power of the Hi,h :ourt under Artic!e ((> to direct an in9uir$ "$ :8I- the said power can "e e/ercised on!$ in cases where there is sufficient ateria! to co e to a pri a facie conc!usion that there is a need for such in9uir$. It is not sufficient to ha.e such ateria! in the p!eadin,s. On the contrar$- there is a need for the Hi,h :ourt on consideration of such p!eadin,s to co e to the conc!usion that the ateria! "efore it is sufficient to direct such an in9uir$ "$ :8I. This is a re9uire ent which is c!ear!$ deduci"!e fro the 1ud, ent of this :ourt in the case of Common Cause.

&4) In State of $est %enga" and Others .s. Committee for Protection of &emocratic Rights, $est %enga" and Others- ((%1%) ) 0:: 4&1- a :onstitution 8ench of this :ourt whi!e considerin, direction of Hi,h :ourt under Artic!e ((> or this :ourt under Artic!e )(- directin, the :8I to in.esti,ate co,ni+a"!e offence in a 0tate without the consent of the 0tate <o.ern ent- e/p!ained its scope and per issi"i!it$.
74 Page 74

A on, .arious reasons- the direction in para &% is re!e.ant which is as underE
!0. 8efore partin, with the case- we dee it necessar$ to e phasise that despite wide powers conferred "$ Artic!es )( and ((> of the :onstitution- whi!e passin, an$ orderthe :ourts ust "ear in ind certain se!fCi posed !i itations on the e/ercise of these constitutiona! powers. The .er$ p!enitude of the power under the said artic!es re9uires ,reat caution in its e/ercise. Insofar as the 9uestion of issuin, a direction to :8I to conduct in.esti,ation in a case is concerned- a!thou,h no inf!e/i"!e ,uide!ines can "e !aid down to decide whether or not such power shou!d "e e/ercised "ut ti e and a,ain it has "een reiterated that such an order is not to "e passed as a atter of routine or ere!$ "ecause a part$ has !e.e!!ed so e a!!e,ations a,ainst the !oca! po!ice. This e/traordinar$ power ust "e e/ercised sparin,!$cautious!$ and in e/ceptiona! situations where it "eco es necessar$ to pro.ide credi"i!it$ and insti! confidence in in.esti,ations or where the incident a$ ha.e nationa! and internationa! ra ifications or where such an order a$ "e necessar$ for doin, co p!ete 1ustice and enforcin, the funda enta! ri,hts. Otherwise :8I wou!d "e f!ooded with a !ar,e nu "er of cases and with !i ited resourcesa$ find it difficu!t to proper!$ in.esti,ate e.en serious cases and in the process !ose its credi"i!it$ and purpose with unsatisfactor$ in.esti,ations.H

&>) @ith these princip!es- !et us test whether the case on hand- particu!ar!$- at this 1uncture is re9uired to "e entrusted to :8I or 0IT to "e for ed with personne! fro other 0tates.

&&) A! ost a!! the petitioners- either .icti s- 3<Os- persons hai!in, fro that re,ionpra$ed for an independent una!

in.esti,ation of the entire incident re!atin, to co

.io!ence and the su"se9uent action either "$ the 0pecia!

75 Page 75

In.esti,ation Tea

(0IT) consistin, of officers fro

outside

U.P. or "$ the independent A,enc$ !i#e :8I. @e ha.e a!read$ referred and ad.erted to the ,rie.ance of .arious ,roup of persons- or,ani+ations as we!! as the stand ta#en "$ the Union of India and specific stand ta#en "$ the 0tate of Uttar Pradesh inc!udin, ha.in, ta#en appropriate action a,ainst the cu!pritsreha"i!itation easures for the .icti s-

co pensation for the !oss of properties- "oth i

o.a"!e and

o.a"!e- for in1uries- "oth si p!e and ,rie.ous- and fata! The 0tate has a!so hi,h!i,hted the steps ta#en in una! .io!ence and

cases.

respect of rape .icti s due to the co reha"i!itation

easures for those .icti s. In addition to the

sa e- the 0tate has a!so hi,h!i,hted the cases fi!ed a,ainst the persons concerned irrespecti.e of their po!itica!

affi!iations- cases fi!ed a,ainst po!itica! persons- either MAA;MPs and the status as on date. &5) It is not in dispute that su"se9uent to the incident that too# p!ace on %&.%'.(%1) and afterwards- in and around Mu+affarna,ar- a !ar,e nu "er of persons- particu!ar!$.i!!a,ers fro within and nei,h"ourin, districts- f!ed fro

their ho es out of fear and too# she!ter in re!ief ca ps in

76 Page 76

.arious .i!!a,es of two districts of Mu+affarna,ar and 0ha !i. It is a!so seen that tota! 45 ca ps were which 71 ca ps were esta"!ished ade functiona! of in the district

Mu+affarna,ar and 1& in the district 0ha !i. &') The incidents of co una! distur"ance f!ared up unit$ to

so eti es on f!i s$ ,rounds "!a in, one co other. @hate.er

a$ "e- after the Mahapancha$at that too#

p!ace on %&.%'.(%1)- certain incidents such as e.e teasin, of other co unit$ ,ir!s fo!!owed "$ urders had ta#en p!ace.

=urther- inas uch as thousands of peop!e ,athered at a particu!ar p!ace in order to ta#e re.en,e or reta!iate- it is e/pected "$ the 0tate inte!!i,ence a,encies to apprise the 0tate <o.ern ent and the *istrict Ad inistration in

particu!ar- to pre.ent such co

una! .io!ence. Thou,h the

:entra! <o.ern ent e.en on da$ one infor ed this :ourt throu,h the Attorne$ <enera! for India that a!! necessar$ he!p- "oth financia!!$ and for aintainin, !aw and order- had

"een pro.ided to the 0tate- there is no authoritati.e infor ation to this :ourt whether there was an$ ad.ance inti ation to the 0tate a"out the co una! .io!ence.

Ai#ewise- thou,h the 0tate has enu erated se.era! aspects

77 Page 77

in the for

of e!e.en co p!iance reports- there is no

infor ation to this :ourt whether the *istrict Ad inistration was sounded a"out the proposed action "etween the two co unities. Had the :entra! and 0tate inte!!i,ence

a,encies s e!t these pro"!e s in ad.ance and a!erted the *istrict Ad inistration- the unfortunate incidents cou!d ha.e "een pre.ented. Thus- we prima facie ho!d the 0tate ,o.ern ent responsi"!e for "ein, ne,!i,ent at the initia! sta,e in not anticipatin, the co una! .io!ence and for

ta#in, necessar$ steps for its pre.ention. 5%) At this 1uncture- .i+.- after a period of si/ onths-

whether an a,enc$ other than the 0tate is to "e directed to in.esti,ate and ta#e appropriate steps. @e ha.e a!read$

noted .arious circu stances under which the court can entrust in.esti,ation to a,enc$ other than the 0tate such as 0IT or :8I. @e ha.e to #eep in ind- as o"ser.ed "$ the

:onstitution 8ench referred to supra- that no inf!e/i"!e ,uide!ines can "e !aid down to decide whether or not such power shou!d "e e/ercised. Howe.er- this :ourt reiterated that such order is not to "e passed as a atter of routine or

ere!$ "ecause a part$ has !e.e!!ed so e a!!e,ations

78 Page 78

a,ainst the 0tate po!ice. In other words- this e/traordinar$ power ust "e e/ercised sparin,!$- cautious!$ and in

e/ceptiona! situations where it "eco es necessar$ to pro.ide credi"i!it$ or insti!! confidence in in.esti,ation or where such an order enforcin, i a$ "e necessar$ for doin, co p!ete 1ustice in the funda enta! ri,hts. Apart fro this-

ediate!$ after the occurrence- @rit Petition (:r!.) 3o. 144

of (%1) ca e to "e fi!ed in this :ourt e.en in the first wee# of 0epte "er- (%1). Pursuant to the sa e- this :ourt- after ta#in, note of the i portance of the issues- .i+.an$

peop!e !ost their !i.es and properties- sufferin,s of "oth co unities and chi!dren- issued .arious directions to the @e ha.e a!read$

0tate and the :entra! <o.ern ent.

e/tracted those orders in the ear!ier part of our 1ud, ent. 51) It is re!e.ant to note that "ased on .arious orders of this :ourt- e.en after the incident- the 0tate itse!f has constituted a 0pecia! In.esti,ation :e!! (0I:). It is a!so "rou,ht to our

notice that a tota! of 4>> cases are "ein, in.esti,ated "$ the 0I: and after notin, that an$ cases were fa!se and an$

persons were wron,!$ na ed in the =IRs- 47' na es ha.e "een re o.ed. A tota! of 75 re,istered cases ha.e "een

79 Page 79

found fa!se and ha.e "een re o.ed fro

the records. It is

a!so "rou,ht to our notice that na es of >' persons in urder cases ha.e "een found fa!se and those na es ha.e a!so "een re o.ed fro the arra$ of parties. The detai!s

furnished "$ the 0tate a!so show that after constitution of the 0I: in 0epte "er- it in9uired a"out a!! those persons who had f!ed fro their .i!!a,es and had ta#en refu,e in .arious

re!ief ca ps and noted their pro"!e s "$ ta#in, !ist of such persons sta$in, in ca ps and ,ettin, their o"i!e nu "ers.

The 0I: a!so recorded the state ents of the co p!ainants and witnesses. @e ha.e a!read$ referred to the tota! nu "er of arrested persons in co una! .io!ence in Mu+affarna,ar

and ad1oinin, areas- !ist of tota! surrendered accused in the in.esti,ated cases- nu "er of persons a,ainst who was ta#en due to co action

una! .io!ence- detai!s re,ardin,

po!itica! persons- difficu!ties faced "$ the *istrict Po!ice in a#in, arrests- detai!s re,ardin, reco.er$ of A6C7& and ' MM cartrid,es in .i!!a,e 6irtha! P.0. Ra o!a- *istrict 8a,hpat. The$ a!so p!aced the detai!s a"out the steps ta#en in respect of case :ri e 3o. 175 of (%1) (=a,ana- Mu+affarna,ar) and 7%);(%1) (2anath- Mu+affarna,ar). In the !ist of persons- 0I:

80 Page 80

a!so noted co etc.

unit$Cwise affi!iation of their po!itica! parties

5() In respect of cases of rape- the 0tate has assured this :ourt that the$ are ta#in, effecti.e steps to apprehend a!! the accused and in pro.idin, securit$ co.er to the rape .icti s. 4% tea s of po!ice personne! ha.e "een constituted in order to arrest the accused persons in rape and other cases. The 0tate has a!so fi!ed detai!s and pro,ress of rape and o!estation cases- state ent of rape .icti s under

0ection 1>7 of the :ode etc. 5)) @e ha.e a!read$ noted that action had "een ta#en a,ainst 11 persons under the pro.isions of the 3ationa! 0ecurit$ Act as we!! as persons "e!on,in, to .arious po!itica! parties. The 0tate has a!so furnished the detai!s re,ardin, (7 issin, persons out of which ) ha.e "een traced and is issin,

ta#in, effecti.e steps for tracin, the re ainin, persons. 57) In respect of separate chart

urder cases- the 0tate has fi!ed a the !ist of accused persons-

showin,

.erification of persons concerned who were in.o!.ed- !ist of

81 Page 81

surrendered accused in

urder cases as we!! as .arious The

other steps for apprehendin, the re ainin, accused. 0tate has a!so hi,h!i,hted it is that ta#in, throu,h their

pu"!ic for

prosecutors;

counse!-

effecti.e

steps

cance!!ation of "ai! in those heinous cri es in which persons in.o!.ed ha.e secured "ai!. 54) In the !i,ht of .arious steps ta#en "$ the 0tate- facts and fi,ures- statistics supported "$ ateria!s coup!ed with

the .arious princip!es enunciated in the decisions referred a"o.e- we are of the .iew that there is no need to either constitute 0IT or entrust the in.esti,ation to the :8I at this 1uncture. Howe.er- we are conscious of the fact that effecti.e and strin,ent ore

easures are to "e ta#en "$ the

0tate ad inistration for which we are issuin, se.era! directions hereunder.

%*-'*, C.,53/)&'*./ */ R&53 C&)3)7 5>) As a !on, ter easure to cur" such cri es- a !ar,e

societa! chan,e is re9uired .ia education and awareness. The <o.ern ent wi!! ha.e to for u!ate and i p!e ent po!icies in order to up!ift the socioCecono ic conditions of

82 Page 82

wo en- sensiti+ation of po!ice and other concerned parties towards the need for ,ender e9ua!it$ and it ust "e done

with focus in areas where statistica!!$ there is hi,her percenta,e of cri es a,ainst wo en. 5&) 3o co pensation can "e ade9uate nor can it "e of an$ respite for the .icti s "ut as the 0tate has fai!ed in protectin, such serious .io!ation of funda enta! ri,hts- the 0tate is dut$ "ound to pro.ide co pensation- which a$

he!p in .icti s? reha"i!itation. The hu i!iation or the reputation that is snuffed out cannot "e reco pensed "ut then so!ace. 55) In (%%'- a new 0ection )4&A was introduced in the :ode which casts a responsi"i!it$ on the 0tate <o.ern ents to for u!ate 0che es for co pensation to the .icti s of cri e in coordination with the :entra! <o.ern ent whereaspre.ious!$- 0ection )4& ru!ed the fie!d which was not andator$ in nature and on!$ the offender can "e directed to pa$ co pensation to the .icti under this 0ection. Under onetar$ co pensation wi!! at !east pro.ide so e

the new 0ection )4&A- the onus is put on the *istrict Ae,a! 0er.ice Authorit$ or 0tate Ae,a! 0er.ice Authorit$ to

83 Page 83

deter ine the 9uantu

of co pensation in each case.

Howe.er- no ri,id for u!a can "e e.o!.ed as to ha.e a unifor a ount- it shou!d .ar$ in facts and circu stances of

each case. 3e.erthe!ess- the o"!i,ation of the 0tate does not e/tin,uish on pa$ ent of co pensation- reha"i!itation of .icti is a!so of para ount i portance. The suffers due to the co enta! trau a

that the .icti

ission of such heinous

cri e- reha"i!itation "eco es a

ust in each and e.er$ case.

5') :onsiderin, the facts and circu stances of these caseswe are of the .iew that the .icti s in the ,i.en case shou!d "e paid a co pensation of Rs. 4 !a#hs each for reha"i!itation "$ the 0tate <o.ern ent. @e- accordin,!$- direct the 0tate <o.ern ent to a#e pa$ ent of Rs. 4 !a#hs- in addition to toda$. =urther-

.arious other "enefits- within 7 wee#s fro

we a!so wish to c!arif$ that- accordin, to 0ection )4&8- the co pensation pa$a"!e "$ the 0tate <o.ern ent under 0ection )4&A sha!! "e in addition to the pa$ ent of fine to the .icti under 0ection )(>A or 0ection )&>* of the IP:.

D*03-'*./) 032&'*/4 '. 0&53 -&)3)7 '%) @e ha.e a!read$ noted .arious steps ta#en "$ the 0tate

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in respect of rape cases. In addition to the sa e- in the !i,ht of the apprehensions;,rie.ance e/pressed "$ the !earned counse! for the petitioner in @.P. (:r!.) 3o. 11 of (%17- we issue the fo!!owin, directionsE 1) The 0I: is directed to arrest and produce "efore the :ourt a!! the persons concerned in respect of petitioners in @.P. (:r!.) 3o. 11 of (%17 as we!! as other affected .icti s within a ti eC"ound anner. The$ are a!so directed to

record the state ent of the .icti s under 0ection 1>7 of the :ode "efore a !ad$ Ma,istrate e.en if the$ had state ent- if the$ desire to sa e ade a

a#e additiona! state ent- the

a$ "e recorded as re9uested.

() The securit$ co.er pro.ided to rape .icti s as furnished "efore this :ourt sha!! continue ti!! the$ desire or co p!etion of the tria! whiche.er is !ater. )) The .icti s of rape who are parties in @.P. (:r!.) 3o. 11 of (%17 as we!! as other rape .icti s are to "e paid co pensation of Rs. 4 !a#hs each- in addition to .arious other "enefits- "$ the 0tate <o.ern ent within a period of 7 wee#s fro toda$.

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7) The 0tate is a!so directed to pro.ide other financia! assistance as we!! as an$ other sche e app!ica"!e to the for their "etter ent and to continue their nor a!

a.ocation. D*03-'*./) 034&06*/4 .'(30 .883/-3) */-296*/4 ,906307 1) 0incere efforts sha!! "e ade to apprehend a!! the

accused irrespecti.e of po!itica! affi!iation and produce the "efore the appropriate court.

() The particu!ars furnished "$ the 0tate in respect of cri ina! action ta#en a,ainst po!itica! persons sha!! "e continued "$ p!acin, accepta"!e concerned. )) The reason ,i.en "$ the 0tate Po!ice that whene.er efforts were ade to arrest the persons in.o!.ed- wo en a hu an chain and "!oc# the ateria!s "efore the court

fo!# of their .i!!a,e for

po!ice in e/ecution of their wor# is unaccepta"!e and untena"!e. If there is re!ia"!e ateria! a,ainst a person

irrespecti.e of the co

unit$ or re!i,ion- the po!ice ha.e

to ta#e sincere efforts in arrestin, those persons and produce the "efore the court concerned. There sha!! not

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"e an$ !et up and upon fai!ure on the part of the po!iceaction wi!! "e ta#en a,ainst the officers concerned. .icti s or a,,rie.ed persons are free to app!ication "efore the 1urisdictiona! court. 7) In respect of reco.er$ of A6C7&- ' cartrid,es in The

o.e such

.i!!a,e 6irtha!- the po!ice ha.e to identif$ the persons concerned and proceed a,ainst the of IP: and Ar s Act. 4) In respect of :ase :ri e 3o. 175;(%1)- P.0. =u,ana:ase :ri e 3o. 7%);(%1)- 7%7;(%1) P.0. 2ansathefforts ore under the pro.isions

ust "e ta#en for apprehendin, a!! the ,enuine "efore the court for further

accused and to produce the action.

>) The in.esti,atin, authorities shou!d eschew co

una!

"ias and proceed a,ainst a!! the offenders irrespecti.e of their caste- co &) In the case of unit$ and re!i,ion. urders- the po!ice ust ta#e sincere

efforts to identif$ and arrest the rea! cu!prits within a ti eC "ound anner prefera"!$ within a period of two onths

and report the sa e "efore the 1urisdictiona! court

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concerned. 5) In heinous cri es- inc!udin, urder cases- if an$ of the

rea! accused was ,ranted "ai!- as assured "efore this :ourt- the *istrict Ad inistration has to ta#e effecti.e steps for cance!!ation of their "ai! in appropriate cases. ') As assured "efore this :ourt- the persons concerned in the hi,her !e.e! to fo!!ow the !etters issued to .arious ,o.ern ent counse!;po!ice officers;I.O. for apprehendin, the rea! accused and reCarrestin, the re!eased persons "$ ,ettin, appropriate orders fro 1%) the court concerned.

The authorities concerned shou!d continue to ta#e issin, persons.

effecti.e steps to !ocate the

F*/&/-*&2 A))*)'&/-3@R3(&:*2*'&'*./ ,3&)903)7 1) :hi!dren who died in the .io!ence as we!! as in the ca ps due to co!d weather conditions sha!! "e

co pensated to their parents as that of others. () The 0tate is directed to identif$ the !eft out in1ured persons (si p!e;,rie.ous)- ne/t #in of the deceased who died in the co una! .io!ence and sett!e the

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co pensation a,reed to "efore this :ourt (Rs. 1%-%%-%%% L Rs. )-%%-%%% L Rs. (-%%-%%% M Tota! Rs. 14-%%-%%%). It is a!so directed to sett!e co pensation for the da a,es caused to o.a"!e;i o.a"!e properties of the person

concerned due to the .io!ence if the$ ha.e not a!read$ recei.ed the sa e. An$ of the .icti s referred a"o.e such as rape .icti s and the fa i!$ e "ers of the deceased

who died in the .io!ence- if the$ ha.e not recei.ed an$ a ount so far- the$ are per itted to a#e proper

app!ication to the !oca!;district authorit$ concerned within a period of one onth fro toda$. If an$ such app!ication is

ade- the authorities concerned are directed to .erif$ and after satisfaction sett!e the e!i,i"!e a ounts within a period of one onth thereafter. The *istrict Ad inistration is a!so

directed to i p!e ent Rani Aa#sh i"ai Pension Jo1ana to e!i,i"!e persons and consider the case of persons who were !eft out or who ha.e not ade an$ such app!ication ti!! this a$ a!so approach

date. An$ of the .icti s- if need arise-

the *istrict Ae,a! 0er.ices Authorit$ and the *A0As are directed to pro.ide necessar$ he!p to the .icti s in the !i,ht of .arious directions referred a"o.e.

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)) =or an$ reason- after receipt of Rs. 4 !a#hs those who want to sett!e to other p!aces than the p!ace of occurrence after chan,e of ind and in order to 1oin their re!ati.es and

friends in the .i!!a,e;p!ace where the$ !i.ed at the ti e of .io!ence- are per itted to resett!e- in that e.ent- the 0tate is directed not to reco.er the a ount a!read$ paid. Howe.er- the 0tate is free to ascertain the ,enuineness of those persons concerned in their effort to resett!e in the sa e p!ace. The *istrict Ad inistration has to a#e a!!

endea.ours for their peacefu! return to the sa e p!ace in order to continue the sa e a.ocation a!on, with their re!ati.es and friends. 7) The officers who ha.e ,rie.ance a"out their transfer on .indicti.e ,round fro p!aces are free to the district concerned to far awa$

a#e a representation to the co petent onth fro toda$. If an$

authorit$ within a period of one such representation is

ade and if the sa e is accepta"!e-

the co petent authorit$ is directed to ta#e a fresh decision. 4) Ade9uate co pensation shou!d "e paid to the far ers who !ost their source of !i.e!ihood- na e!$- tractors90 Page 90

catt!es- su,arcane crops etc. In this cate,or$- the far ers who were $et to ,et co pensation for the sa e are per itted to toda$ a#e a representation within one "$ ateria!s to the onth fro !oca!;district ade- the

supported

ad inistration.

If an$ such representation is

sa e sha!! "e considered and disposed off within a period of one onth thereafter.

'1) =ina!!$- we reiterate that it is the responsi"i!it$ of the 0tate Ad inistration in association with the inte!!i,ence a,encies of "oth 0tate and :entre to pre.ent such

recurrence of co is

una! .io!ence in an$ part of the 0tate. It aintainin,

ade c!ear that the officers responsi"!e for

!aw and order- if found ne,!i,ent- shou!d "e "rou,ht under the a "it of !aw irrespecti.e of their status. It is i portant that the re!ief- as enu erated a"o.e- not on!$ "e pro.ided to a!! need$ fa i!ies irrespecti.e of their re!i,ion "ut it shou!d a!so "e pro.ided to on!$ ,enuine!$ affected fa i!ies. '() @ith the a"o.e directions- we dispose of a!! the inc!udin, the inter.ention app!ications. atters

Howe.er- the

affected persons- if the$ co e across an$ i pedi ent in i p!e entin, the a"o.e directionsare per itted to
91 Page 91

hi,h!i,ht their ,rie.ance "$ fi!in, app!ication "efore this :ourt in the a"o.e toda$. It is atters after a period of two onths fro

ade c!ear that on!$ after e/haustion of efforts

with the *istrict authorities concerned- the$ are per itted to fi!e such app!ication in the a"o.e disposed off atters. In

those cases which ha.e not "een transferred to this :ourt and are sti!! pendin, "efore the Hi,h :ourt of A!!aha"ad- the parties are free to o.e the Hi,h :ourt for disposa! of the

sa e in accordance with the a"o.e directions.

FFF.FFFFFFFFFF:2I. (P. SATHASI%AM) FFF.FFFFFFFFFFF2. (RANJANA PRACASH DESAI) FFF.FFFFFFFFFFF2. (RANJAN GOGOI) 3D@ *DAHIN MAR:H (>- (%17.

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