Author Topic: Justice for Muzzaffarnagar Case, State Struggle-न्याय की मांग- मुज्ज़फ्फर नगर  (Read 16845 times)

एम.एस. मेहता /M S Mehta 9910532720

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Dosto,
 
Who can forget October 1-2, 1994 that Black day when Uttarakhand State Formation activitests were going to Delhi to stage a dharna at Raj Ghat on Gandhi Jayanti, the following day, when alleged unprovoked police firing in the night of October 1 led to the death of six activists, and some women were allegedly raped and molested in the ensuing melee. Mulayam Singh Yadav was Chief Minister of Uttar Pradesh, when the incident occurred.
 
Now it has been more than 15 yrs but justice has not arrived at so far. The Culprits are still at large.
 
HISOTRY OF CASE
----------------
Case history (from wikipedia)
 
  • 1994: First Information Reports (FIRs), entails that the activists damaged public property, burnt shops and vehicles and tried to force their way through the barricades, forcing A.K. Singh, who was present at the spot, to order firing, leading to the death of six activists and several others getting injured [1].
  • 1995: The Allahabad High Court orders the Central Bureau of Investigation (CBI) on January 12, to probe into the issue, taking cognizance of the Uttarakhand Sangharsh Samiti's petition. The CBI later, examines 72 witnesses and files cases against 28 police personnel [2]. All the accused face charges under sections 376 (rape), 392 (robbery), 354 (assault or criminal force on women), 332 (voluntarily causing hurt), 509 (intent to insult the modesty of women) and 120 (b) (criminal conspiracy) of the Indian Penal Code (IPC) [3]. Though initially, the State government, then headed by Mulayam Singh Yadav, ordered a judicial inquiry by a retired judge, Justice Zaheer Hassan, which reported, 'the use of force was just and reasonable' [1]. Later, at the Uttaranchal High Court, the CBI admitted, "The case of the CBI in the charge-sheet is that the petitioner and other police officers under the garb of checking tried to stop the rallyists from going to Delhi, provoked them to resort to violence and when they dispersed after the use of rubber bullets, the remaining few protesters were unnecessarily shot dead." [1]
  • 2000: Rajnath Singh, Chief Minister of Uttar Pradesh under Section 197 of the Criminal Procedure Code (CrPC) in November, refuses CBI), the permission to prosecute then district magistrate Muzaffarnagar, Anant Kumar Singh [1].
  • 2003: July: Uttaranchal High Court quashes the CBI charge sheet and absolved then district magistrate Muzaffarnagar, Anant Kumar Singh in criminal proceedings [4]. Motivation by a widespread public uproar, the State government soon filed for a review petition, which resulted in the High Court recalling its own earlier order [1]. November: A CBI special court has convicted two Uttar Pradesh State police officials and a constable for killing a man while firing indiscriminately on a crowd of Uttarakhand demonstrators in 1994. The Sub-inspector, Ramesh Chand Chowdhary was sentenced to rigorous imprisonment for two years and fined Rs 2,000 while the other two — Anil Singh Manral and Bhopal Singh were awarded a seven years’ rigorous imprisonment and fined Rs 5,000 each [5].
  • 2005: A special CBI Judicial Magistrate, at Moradabad in Uttar Pradesh acquits the four police personnel had been accused of tampering with police records after the firing over alleged rioters [6].
  • 2007: July: A special CBI court in Muzaffarnagar acquittes, Rajendra Pal Singh, then city Superintendent of Police, in connection with the alleged police firing, refusing the agency permission to prosecute him without the Uttar Pradesh governor's consent. After prior refusal of the State Government to prosecute him, CBI later prosecutes him on a statement of co-accused in the case, Rajbir Singh, who was then the SHO of Chapar police. [2]. October: Uttarakhand Chief Minister Bhuvan Chandra Khanduri, visited the 'Sahid Samarak' at Rampur Tiraha at Muzaffarnagar, and announced that the state government will pursue all the five pending court cases, with greater dedicated.
Most suprising fact, there is no move from state Govt side also in this case.
 
Your views are solicited in this case please.
 
M S Mehta
 

एम.एस. मेहता /M S Mehta 9910532720

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Latest news.
=-------------------

विशेष अदालत ने की सीबीआई की खिंचाई 
मुजफ्फरनगर, गुरूवार, 13 जनवरी 2011( 18:40 IST )
 
मुजफ्फरनगर में साल 1994 में उत्तराखंड के निहत्थे प्रदर्शनकारियों पर हुई पुलिस गोलीबारी के मामले में दोषियों पर मुकदमा चलाए जाने की सीबीआई की धीमी प्रक्रिया को लेकर यहाँ की एक विशेष अदालत ने जाँच एजेंसी की खिंचाई की है।

विशेष दंडाधिकारी पीएन पांडे ने सीबीआई के निदेशक अमर प्रताप सिंह के नाम एक पत्र जारी कर शिकायत की कि एजेंसी दोषी पुलिस अधिकारियों के खिलाफ कार्रवाई को लेकर राज्य सरकार से अनुमति पत्र प्राप्त करने में नाकाम रही है।

इस मामले में आठ पुलिसवालों के खिलाफ पुलिस रिकॉर्ड से छेड़छाड़ करने का आरोप है। 

http://hindi.webdunia.com/news/news/regional/1101/13/1110113079_1.htm


लोक तंत्र के इतिहास का सबसे बड़ा काला दिन! निर्दोष लोगो के साथ दुराचार किया गया! उत्तराखंड राज्य के आन्दोलनकारियों के साथ पुलिस ने ना केवल गोलिया बरसाई बल्कि महिलाओ के साथ बलात्कार भी किया!

उत्तराखंड की जनता इस घटना के दोषियों को कभी माफ़ नहीं करेगी!

दुःख होता है.. राज्य बनाने के बाद सत्ता के सुख भोग रहे लोग इस घटना को भूल चुके है, और दोषी खुले काम घूम रहे है! दोषियों को सजा मिलेंगे के बजाय उनका सम्मान हो रहा है !

जरा याद करो उनको कुर्वानी...

हमारे देश की न्याय प्रणाली --....

केवल शर्म करो.. शर्म करो..... छि छि....


Himalayan Warrior /पहाड़ी योद्धा

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I am really shocked that there is no move in this case. People ruling in Uttarakhand are only plying with the dream of the State Martyres.

How can one forget such a un-humane incident.


अब तो लगता है, इस मामले में न्याय मिलाने की कोई उम्मीद नहीं है!


एम.एस. मेहता /M S Mehta 9910532720

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Pyara Uttrakhand
Pyara Uttrakhand देश की व्यवस्था व संस्कृति पर एक कलंक है मुजफरनगर काण्ड-94

प्यारा उत्तराखण्ड समाचार पत्र व उत्तराखण्ड जनता संघर्ष मोर्चा निरंतर इसको लेकर आंदोलनरत है। इस काण्ड को भुला कर इन जनप्रति रूपि गुनाहगारों को सम्मानित करने वाले तमाम सामाजिक संगठनों को भी धिक्कार
March 4 at 11:52pm · 

एम.एस. मेहता /M S Mehta 9910532720

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Just go throught the detailed information on this issue.
----------------------------------------------------------------------

THE STATES

State of limbo

PURNIMA S. TRIPATHI
in Dehra Dun

Uttaranchal's preoccupation with the October 1994 police firing on pro-statehood activists stands in the way of the State moving ahead and tackling real issues facing it. 



ON October 2, 1994, activists who were on their way to Delhi to attend a rally to press for the creation of a separate Uttarakhand State were fired upon by the Uttar Pradesh Police. Ever since, the incident is put to use on its anniversary by politicians, particularly those of Uttaranchal, the State formed with almost the same areas as were sought to constitute Uttarakhand.



 
A protest by the CPI(M) in New Delhi on October 10, 1994, against the police firing on Uttarakhand activists in Muzaffarnagar.

The ritual has got added impetus this year with the Uttaranchal High Court quashing on July 22 the charge of culpable homicide, among others, against Anant Kumar Singh, who was the District Magistrate of Muzaffarnagar at the time of the firing. The facts of the case, which have been meticulously recorded by the High Court in its order, indicate that the Bharatiya Janata Party (BJP) and the Congress(I) have their share of responsibility for the turn of events.

However, the two parties are blaming each other for the officer's acquittal. BJP leader and Union Agriculture Minister Rajnath Singh, who was the Chief Minister of Uttar Pradesh from October 2000 to March 2002, refused permission to the Central Bureau of Investigation (CBI) in November 2000 to prosecute A.K. Singh, a fact that had a bearing on the High Court's order. But the BJP demands an apology from the Congress(I) for "not handling the prosecution properly".

The order has come at a time when there is a Congress(I) government in Uttaranchal, but that has not prevented the Congress from demanding Rajnath Singh's dismissal from the Union Council of Ministers. The State unit of the Congress plans to hold a rally in Delhi on October 2 and present a memorandum to the Prime Minister with 15 lakh signatures, demanding Rajnath Singh's dismissal.


V.V. KRISHNAN
 
Uttaranchal Chief Minister N.D. Tiwari. His indifferent style of functioning has come in for much criticism.

The firing incident seems to be etched in the State's collective psyche. On the night of October 1-2, 1994, busloads of Uttarakhand activists were stopped at Rampur Tiraha on the Muzaffarnagar bypass road for checking their vehicles because the Union Home Ministry and the Delhi Police had sent instructions to the U.P. Police that the activists be prevented from entering Delhi with weapons. The activists reportedly resisted and pelted the police and officials of the administration with stones.

According to the First Information Reports (FIRs), the activists also damaged public property, burnt shops and vehicles and tried to force their way through the barricades, forcing A.K. Singh, who was present at the spot, to order firing. Six activists were killed and several others injured. There were also allegations that women activists were molested by policemen in the melee that followed.

Although the State government, then headed by Mulayam Singh Yadav, ordered a judicial inquiry by a retired judge, Justice Zaheer Hassan, the Allahabad High Court ordered the CBI to conduct another inquiry. The judicial inquiry submitted its report in June 1996 with the verdict that "the use of force was just and reasonable". The CBI, for its part, came up with a different analysis, which was recorded by the Uttaranchal High Court in these words: "The case of the CBI in the charge-sheet is that the petitioner and other police officers under the garb of checking tried to stop the rallyists from going to Delhi, provoked them to resort to violence and when they dispersed after the use of rubber bullets, the remaining few protesters were unnecessarily shot dead."



 
Mulayam Singh Yadav, who was the Chief Minister of Uttar Pradesh during the 1994 firing incident.

The Bench, comprising Justice P.C. Verma and Justice M.M. Ghildiyal, however, remained unconvinced by the CBI arguments, and said that the CBI had left many questions unanswered. For example, if the administration had first tried to disperse the mob by using mild force, why would it then resort to killing once the mob started dispersing, the Judges asked. They also wanted to know how the CBI could describe the situation as "normal" when it had admitted in its own charge-sheet that the rallyists had pelted the police and other officials with stones and were trying to force their way through the barricades, refusing to be checked.

That, especially when there were already reports from districts such as Saharanpur, Hardwar and Dehra Dun that they had resorted to violence, broken barricades and snatched policemen's rifles, could not be described as a "normal" situation, the Judges noted in the order. Besides, the Judges said, the CBI had not challenged in any court of law the November 2000 refusal of the U.P. government to prosecute A.K. Singh under Section 197 of the Criminal Procedure Code (CrPC). The order said the State government had refused sanction for prosecution "after coming to a decision that action taken by the petitioner was in discharge of his official duty and no offence was committed by him... The High Court has categorically observed that the action taken by the District Magistrate was in good faith."

The Judges also noted that the order "taking cognisance by the Special Judicial Magistrate is without jurisdiction and bad in law and its continuance will be an abuse of process of court".


S. SUBRAMANIUM
 
Union Agriculture Minister Rajnath Singh. The State Congress(I) is demanding his dismissal from the Union Cabinet.

The order, predictably enough, resulted in an uproar in the State. A string of dharnas, demonstrations and bandhs followed. Succumbing to public pressure, the State government filed for a review of the order. This resulted in the High Court recalling its own order. "Ours is a popular government, and so public sentiments have to be taken into account," explained a senior official of the State.

The emphasis on October 1994 has meant that public attention has been deflected from the non-performance of the government, which was elected to power one and a half years ago with a clear mandate. What makes the non-performance more glaring is the fact that the government is headed by N.D. Tiwari, who is described as " Vikas Purush" for the remarkable results he produced during his stints as the Chief Minister of undivided Uttar Pradesh.

"There are schemes galore, no doubt. They came to power with big promises, riding the anti-incumbency factor. But the promises have remained just promises. They have not even begun to be translated into reality," noted a senior political observer.

Senior State government officials, though, reel off names of projects "on the anvil". The "char dhaam" tourist circuit, seeking to improve the infrastructure of the four important pilgrimage centres of Badrinath, Kedarnath, Gangotri and Yamunotri; an international ski resort complex in Dayara Bugyal in Uttarkashi; the development of the historic "George Everest" estate in Mussoorie; and ropeway projects at key tourist destinations are just a few of the projects proposed in the tourism sector, which the State hopes to develop as a major industry.

Besides, a tourism policy that would allow residents to keep "paying guests" in their houses, among other things, is being planned.



 

On the cards is also a new education policy, with emphasis on Information Technology. A memorandum of understanding (MOU) has been signed with Microsoft Corporation for imparting computer education. This scheme, however, has incited much ridicule, with BJP leaders chuckling that expensive computers are being transported on mule backs to remote areas where there is no electricity or other infrastructure. The BJP has gone to the extent of demanding a CBI inquiry into the "computer scam".

State Congress(I) leaders admit that there are no funds to implement the plans. "The State is facing a resource crunch. The Centre has not given us a penny of the package it had announced for the State earlier," said Surendra Kumar Agrawal, State Congress(I) spokesman. Besides, he said, the Congress(I) inherited from the BJP a State that had no administrative machinery in place. "Even administrative departments were not there. We are first putting a system in place," Agrawal explained. The State government has demanded Rs.50,000 crores from the Centre as a special package.

The irony of the situation is that the BJP is also caught in the Muzaffarnagar syndrome and is unable to raise other issues with any conviction. All it talks about is an apology from the Congress(I) for failing to get justice for the people of Uttaranchal. There have been no dharnas or demonstrations by the BJP demanding employment schemes or roads or drinking water for people in remote rural areas. The BJP is still struggling to find its feet in this State, which it had inherited after the State's creation in November 2000. It is now reworking its strategy and planning a mass people-to-people contact programme. But the party is so torn with infighting that it remains to be seen how effective the programme will be.

Even as party spokesman Ramesh Pokhriyal Nishank elaborated to this correspondent what the BJP was planning for the future, groups of BJP workers from different parts of the State were almost exchanging blows at the party office, over some election-related issues.

The BJP has failed to be an effective Opposition owing to its inability to highlight real issues, such as the controversial appointment of revenue officials (patwaris), in which large-scale corruption is alleged. Another issue is a land scam. It is rumoured that revenue land in prime locations has been sold off to private builders at throwaway prices. In the power sector too, there are allegations of corruption to the tune of Rs.50 crores. "I raised this issue in the Assembly, but the Chief Minister kept quiet. There has been no action, no inquiry, nothing," said Nishank.

Law and order is equally bad. A State once known for its peaceful environment is now no stranger to murders every other day. There have been 22 murders in the last eight months in Dehra Dun district alone. But there is nothing to suggest that the government is aware of the problem. "We don't feel safe even during day time now. It was never like this before. One could walk on Dehra Dun roads any time of the day or night even with crores of rupees and fearing nothing. Not any more," said a prominent businessman.

The problems that descended on this idyllic city, Dehra Dun, once it became the State capital - such as overcrowding on the roads, crumbling infrastructure and poor law and order - which the people thought would be handled better by the Congress government than the BJP, have remained as they were. "Having been the Chief Minister of undivided Uttar Pradesh, Tiwari shows little interest in Uttaranchal. This is reflected in his indifferent style of working," said a political observer.

 http://www.hinduonnet.com/fline/fl2020/stories/20031010002704600.htm


एम.एस. मेहता /M S Mehta 9910532720

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It has been more than 10 yrs but there is no move in this case.

The muzaffar Nagar incident of the worst incident in the history of democracy. It is dishearting to note  that the case has been pending since long.


पंकज सिंह महर

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कुछ वे भी थीं -----प्रकाश थपलियाल

(हिमालयी क्षेत्र के उत्तराखंड राज्य को पाने के लिए लोगों को बहुत संघर्ष करना पड़ा थी। उस संघर्ष के दौरान कई कविताएं भी लिखीं गईं, जो कि विभिन्न पत्र-पत्रिकाओं में छपी। )

आसमान में उड़ता हवाई जहाज
तो देख लिया था
... अब एक बार, मरने से पहले
अवश्य देखनी है रेलगाड़ी
कुछ वे लोग थे
कुछ वे लोग थे
जो पढ़ते थे ढिबरी की रोशनी में प्रतियोगिता की किताब
और सिलवाते थे नई पैंट-कमीज
कि परीक्षा के लिए शहर जाना है
कुछ वे लोग थे
जो जिंदगी भर फौज में खपने के बाद
तांबे-पीतल के तमगे रखे हुए थे पोटली में
कि लाल किला में पहनेंगे शान से वर्षों बाद
कुछ वे भी थीं
जो रैणी और फाटा रामपुर में
चला चुकी थीं पेड़ों को बचाने का आंदोलन
और
जुबानी पहना आई थी चूड़िया कई बार
डी एम साब को
लेकिन, जो सवाल सुनने वह बंदूक वहीं
गन्ने के पेड़ हत्यारे का हाथ नहीं रोक सकते।
ज्यादा से ज्यादा वे खुद गोली के आगे आकर
चला सकते हैं एक आंदोलन
बहनों का कर्ज चुकाने के लिए
कुछ वे लोग थे
जो कश्मीर और पंजाब की बात करने वालों को
सुनने से, पहले ही
नकार देते थे कहकर गद्दार
आज दो अक्टूबर की सुबह
पहली बार
उन गद्दारों के बीच पा रहे थे खुद को
और
पूछ रहे थे उनसे
तुमने कितनी बार देखा है रामपुर का तिराहा
तुम्हें क्या मालूम है किधर जाना है?


एम.एस. मेहता /M S Mehta 9910532720

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There is saying in English..

Justice delayed is justice denied. The same thing is happening here. It has been more than a decade time, there is no justice for those who were killed by police.

 

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