Hashimpura case:HC voices concern over destruction of evidence

The Delhi High Court today expressed concern over claims of destruction of evidence regarding identity of the police personnel who were involved in the 1987 Hashimpura massacre and diversion of compensation meant for the imemdiate kin of the victims.
A bench of Justices Gita Mittal and Anu Malhotra termed it as "painful" that despite 42 people losing their lives in the massacre, the state government did not have the records about to whom weapons and bullets were issued on that day.
"We are informed that despite clear statutory provisions, the district level legal services authority was attempting to divert the aid to distant relatives who are disentitled to compensation.

"We are also told the pro rata distribution of the compensation among the dependants of the victims was being unfairly done. This cannot be countenanced," the court said, noting that the compensation was only meant to be disbursed to victims and their dependants.
While it did not pass any order regarding the evidence aspect, the court directed the secretary of the district legal services authority, which was disbursing the compensation, to put the distribution on hold till the next date of hearing on January 12, 2017.
It also directed the authority to place before it the list of people identified for payment of compensation.

During the brief hearing, senior advocate Rebecca John, who appeared for the victims, told the court that compensation was being disbursed to distant relatives and not the immediate kin or dependants of the victims and survivors of the massacre.

She and advocate Vrinda Grover, who appeared for the National Human Rights Commission, contended that people were called for identifying the accused nearly 20 years after the incident.
Both the advocates also alleged that the state did not carry out the elementary investigation and also destroyed evidence.
It was argued on behalf of NHRC and the victims that
investigation by the state was shoddy and that the Uttar Pradesh government had not furnished documents to establish identity of the accused. They said they will be seeking a reversal of the trial court's order acquitting the accused in the case.

Advocates Zafaryab Jilani and Ramkishor Singh Yadav, who appeared for the state government, refuted the allegations.
Rebecca John and Grover further argued that there were no guidelines in place for probe of custodial deaths and they were looking for guidance from the court in view of the "vacuum" in law.
On August 4 and October 6 this year, the high court had directed the state government to pay compensation to the kin of all the victims of the massacre for their rehabilitation.
On March 21, 2015, a trial court had given the benefit of doubt and acquitted 16 former Provincial Armed Constabulary personnel accused of killing 42 people in Meerut, saying lack of evidence has failed to establish their identification.

Nineteen people were named as accused and charges of offences of murder, attempt to murder, tampering with evidence and conspiracy were framed against 17 of them by the court here in 2006, after the case was transferred to Delhi on a Supreme Court direction in September 2002 following a petition by the families of the massacre victims and survivors.
16 accused acquitted in the case were alive while three other accused had died during the trial.