People's Democracy

HARYANA

When The State Turns Hostile 

Inderjit Singh

A SPONTANEOUS public outrage was recently seen over some witnesses turning hostile and the culprits going scot-free in the Jessica Lal murder case. A fresh trial has been ordered owing to the popular anger. The role of pliant police officials in tampering evidence is also being investigated for taking action against them. Zahira Sheikh, a key eyewitness in the most heinous Best Bakery case retracted from her original statement. Here the culprits could be convicted only when a fair trial was conducted out of Gujarat with the intervention of the Apex court. Although Zahira Sheikh was penalised for perjury and jailed, the real manipulators behind her volte-face were not brought to book thanks to the flaws in the existing judicial system. 
  
Consequently, appropriate changes are being contemplated in the criminal procedure code in order to remove the loopholes pertaining especially to the law of evidence. One can hope some concrete follow-up in this direction to minimise the systemic anomalies often exploited by the powerful and high profile criminals obviously in connivance with the investigating agency i.e. the police. 
  
This is how the aggrieved side is deprived of justice by influencing the witnesses through threats or allured by offering money etc., and making them hostile. But here is the peculiar scenario of the state itself often turning hostile in Haryana. Here are a few examples. No one was convicted for lynching five dalits on Oct 15, 2002 in Duleena as the state machinery was abetting in perpetrating the carnage. Another instance is that of Muslim families who were attacked on March16, 2002 in Loharu in Bhiwani district and their houses were put on fire by a communally motivated mob in the aftermath of Godhra episode. More than 30 persons were booked by the police in this case. Chautala government withdrew the case during the process of trial at the instance of the then union home minister, Lal Krishan Advani. 
  
Now again in one such diabolical act the public prosecutor surreptitiously moved an application in the court of additional district judge, Bhiwani on May 12 last. He has sought to withdraw criminal cases against certain activists of a khap panchayat. The proposed withdrawal of cases ‘in the public interest’ is being done on the directions of the Haryana government as the written submission itself reveals.   
The accused persons in this case are facing trial for burning down a hospital cum residence in Badhra village on December 12, 2002. It belonged to a well-reputed medical practitioner Sangwan couple. Prior to this, the caste panchayat had conspired in implicating Dr. Sumer Sangwan in a false rape case in which he was found innocent by the trial Court and acquitted. But the doctor couple had already suffered a lot as a result of forced social obstracism imposed by the self-styled caste panchayat. Now the victims are being denied the right to justice as the government is dubiously withdrawing the cases against the culprits. 
  
Let it be recalled that the High court has only recently issued a notice to Haryana government to clarify its attitude towards khap panchayats. The notice was issued in connection with half a dozen writs and public interest litigations filed on behalf of aggrieved persons victimised at the hands of illegal panchayats who are persecuting people with impunity. Even the Supreme court had issued such notice while hearing a case of similar nature a couple of months back. 
  
Premises mentioned in the application as justification for withdrawing the above case are very ridiculous. The state thinks that communal harmony of the area would be strengthened through this step. Let it be known that the khap panchayats are more active in this area and the leading accused in this case had also indulged in many illegal acts including violent attacks on muslim families in Loharu. Some of these very panchayatis were convicted by a Sub-divisional court at Charkhi Dadri only recently. Another interesting premise is that this would help in maintaining law and order in this area where various khaps/gotras are residing. How funny is the argument! Will it not embolden those very forces who have been posing a permanent threat to rule of law ? 
  
In yet another matter of denial of justice, three school girls of Mato Bhaini village, their poor parents and the complainant dalit sarpanch were forced into submission first in the village and then in a local court of sub-judge at Meham in Rohtak. The girls had complained against their teacher of perverted behaviour. It was one of the cases in the series that recently came to light. The police did not use required appropriate sections of the IPC and the defaulting teacher with strong political links was let loose to convene such self-styled panchayats for pressurising the complainant side. Even the judge virtually told the girls to change their statements in order to save their teacher’s carrier from being spoiled. All witnesses were made to change their statements except one girl who still stuck to her original version. Hence the case was adjourned for next date in July.   

A popular folk proverb in Haryana goes like this. What happens if a hedge guard put up around a crop for protection starts itself eating into it? Haryana government’s conduct is tantamount to validate this proverb not tacitly or covertly but officially and overtly now. Will the High court and Supreme court still wait for the Haryana government’s reply or act at least now?

Many mass organisations under the banner of Jan Sangharsh Samiti took out a protest demonstration on May 24 in Bhiwani and reminded Haryana government to desist from proceeding further in withdrawing this case and the victim Dr (Mrs) Anant Kaur threatened to sit on fast. 

Many distinguished personalities in this regard have expressed deep concern and have sent a written appeal to the Chief Justice of Punjab and Haryana High court urging upon him to intervene and restrain the Haryana state from withdrawing this case. These include Professor Suraj Bhan, D R Chaudhry, Jagmati Sangwan, Satish Kumar, Professor Baldev Singh, Professor Mahabir Sharma, Dr R S Dahiya, Professor Surender Kumar, Dr Prem Singh Dahiya, Professor Sudhir Sharma and Sabita.