Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

Hapur verdict, challenging vigilantism

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NA

Mains level: Religious Issues;

Why in the news? 

On 12 March 2024, in a first for Uttar Pradesh, a trial court in Hapur awarded life imprisonment in a case of cow protection-related lynching of a Muslim person.

  • Six years earlier, in June 2018, Qasim Qureshi was lynched to death, and Samiuddin was brutally assaulted, by a Hindu group in the Bajhera Khurd village, under the false accusation of cow slaughter.
Mob lynching is an act of premeditated extrajudicial killing by a group of people, often targeted against a particular individual or group. Mob lynching is based on some false information, unconfirmed rumours etc.

Key issues in the investigation as per judgment: 

  • Police Fabrication and Accountability: The court censures the police for fabricating the FIR, creating an alternative narrative of the incident, and failing to collect witness statements and conduct proper investigations. This raises questions about police accountability and their collusion with the accused.
  • Intent and Collusion: The judgment questions the police’s intent and alleges collusion of police personnel and investigating officers in protecting the accused. There are allegations of damaging video evidence and neglecting forensic investigations, highlighting potential corruption or bias within the police force.
  • Failure in Investigation: Despite eyewitnesses approaching officers, the police did not conduct an official identification parade, which aided the accused in securing bail. This failure indicates potential attempts by the police to misdirect the investigation.
  • State’s Role and Vigilante Violence: The conviction highlights the state’s role as not only a participant but also an enabler in the violence. It demonstrates how the state delegates illegal policing to vigilantes, with convictions having little material impact on the state’s involvement.

Way forward 

  • Need Accountability: Implement strict protocols for filing FIRs and conducting investigations to prevent fabrication of evidence.
  • Need for Fast-track courts: The lynching cases should be tried by fast-track courts with day-to-day hearings. It is important to punish the culprit with stringent punishment and conclusion of the cases within 6 months.
  • Enhancing Investigation: Mandate the conduct of official identification parades in all cases involving serious crimes to facilitate accurate witness identification.
  • Addressing State Complicity: Strengthen legal frameworks to hold state authorities accountable for their role in enabling or condoning vigilante violence.

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