Failure of Criminal Justice System
The events that took place in Gujarat
prior to the Godhra tragedy, during and after it, and during and
following the state-sponsored carnage are marked by a singular and
shameful collapse of the criminal justice system.
1. Failure of Intelligence
conduct of the police machinery in Gujarat is marked by a lack of
intelligence about the likely commitment of offences against public
order, which was not collected from all over the state. The lack of
systematic surveillance on the conduct of kar sevaks going to and
fro from Ayodhya, for at least a month before the Godhra tragedy,
especially given their recorded propensities to break the law by
consistently provoking religious minorities and even behaving
aggressively with them, has been dealt with by the Tribunal extensively
in the chapter on Godhra.
2. Preventive Arrests
Godhra tragedy took place on the morning of February 27, 2002. The VHP
gave a call for a bandh on February 28. It was obvious that the
situation was tense and could get out of hand. The minimum that the
state does in similar situations is to effect preventive arrests of
persons who are likely to cause violence. Such lists are available with
all police stations. Such arrests are affected routinely, even if there
is the likelihood of a minor law and order problem. Leave alone other
parts of Gujarat, the preventive arrests made on February 27 in
Ahmedabad itself throw a light on the intentions of the police:
Police Station Arrests
The two persons arrested at Astodia
were both Muslims.
151 of the Criminal Procedure Code (CrPC) permits preventive arrests by
the police. It reads: "151(1). A police officer knowing of a design to
commit any cognizable offence may arrest, without orders from a
magistrate and without a warrant, the person so designing, if it appears
to such officer that the offence cannot be otherwise prevented."
Similarly section 3 of the National Security Act, 1980, allows
preventive arrests by the central or the state government of any person
likely to act in a manner prejudicial to the maintenance of public
order. The Gujarat police, by abdicating its responsibility in the
matter of preventive arrest, revealed not just its unprofessional
character and conduct. In the longer term, the failure of the law and
order machinery to act and to act fairly and swiftly, often against
politicians and their cadres, is reflective of the symptomatic erosion
that has taken place in the criminal justice system in India. Today it
would be no exaggeration to say, in the context of Gujarat, that the
criminal justice system in India has collapsed.
3. Police Participation in the Riots
Numerous cases have come to light that have exposed the conduct of
police personnel during the Gujarat carnage. Police either turned a
blind eye to the mass and systematic assaults by large mobs led by
political leaders or even actually participated in the violence.
the first 48 hours in the city of Ahmedabad, while the assaulting mobs
and their leaders clearly belonged to the lumpen, communal elements from
the Hindu community, police single-mindedly targeted innocent victims,
who were, overwhelmingly, Muslims. On February 28, 40 persons died in
police firing, out of whom 36 were Muslims. Besides, the Tribunal has
recorded evidence from all over Gujarat that shows a sinister pattern —
the police, despite being present, did nothing, especially during the
first few days, to stop the mobs. Detailed instances of police
misdemeanour have been extensively recorded by the Tribunal. It must be
noted here that inaction during such a situation is punishable under
section 166 of the Indian Penal Code (IPC).
4. Illegal Registration of FIRs
(Problems with FIRs)
Evidence from various towns and districts of Gujarat, recorded by the
Tribunal, reveals a shocking pattern of behaviour among the police in:
u their failure to record First Information Reports (FIRs);
u police complicity in not naming the accused despite
repeated insistence of the victims/survivors that all accused should be
u worst of all, their insistence on recording omnibus
FIRs for whole areas, regions and towns instead of separate detailed
ones for every crime and offence committed.
Section 154 of the CrPC deals with the
First Information Report of cognisable offences and is the first crucial
step in the prosecution of offenders.
4.2. Omnibus FIRs
It is a fundamental principle of
criminal law that every offence needs to be separately registered,
investigated and tried. Filing omnibus FIRs is one of the simplest ways
of avoiding detailed investigations and effective trials. In many cases
in Gujarat, where 80 or 90 shops have been burnt or a large number of
people have been killed, instead of filing separate FIRs in respect of
each incident, the police has registered collective FIRs, thus virtually
scuttling the possibility of detailed investigation or conviction. Apart
from this, many incidents, separated over time (sometimes days) and
place and concerning different victims and accused, have been clubbed
together. Moreover, when individuals came forward to lodge their FIRs,
they were told that the FIRs have already been recorded, and that no
second FIR was possible.
4.3. FIRs Without Names of the Accused
Most of the FIRs which have been
filed, especially where the police are the informants, do not contain
the names of the accused and only say that an unidentified mob attacked.
There are a significant number of cases (see Detailed Annexures,
Volume III) where the victims actually named the accused but the
Gujarat police have refused to lodge their names in the FIRs. Instead,
the police took on the role of a partisan intermediary in the evidence
recorded from Naroda, Chamanpura, Ode, Sardarpura, Bharuch, Ankleshwar,
Vadodara, Mehsana, Himmatnagar, Sabarkantha and Banaskantha. In these
cases, the police told the complainants that the FIR would be lodged
only if the names of the accused were deleted. For example, at village
Por, 3 women and 3 children were killed. The victims have identified and
named 95 attackers but the police refused to include their names in the
FIRs. The detailed area-wise list of incidents is covered by the
Tribunal.(See section on Incidents of Violence, Volume I).
4.4. Deliberate Obfuscation of the
Identity of the Accused
In a number of other cases, hundreds
of victims have testified before the Tribunal, stating that though some
people have been named in the FIRs, they were not the persons actually
present at the site. This would not only subvert investigations by
casting serious doubts on the intentions of the complainant but would
also let the real accused go scot free.
Similar is the case with a number of
persons who have been arrested. Due to public pressure, some arrests had
to be made. To take an easy way out, the police has, in some areas,
arrested persons not at all connected with the crime and not even named
in the FIRs. This makes the case against the actual perpetrators very
All the above series of actions by the
police are offences under section 167 of the Indian Penal Code but the
Tribunal notes with shock that not a single police officer has been
charged under this section.
police has failed to respond to the threats and intimidation meted out,
as a matter of course by organisations affiliated closely to the ruling
party in Gujarat--theRSS/VHP and BD. Senior jurist, Shri Girishbhai
Patel was threatened in his home by young leaders of the VHP-BJP after
the genocide simply because of his staunch espousal of human rights
issues that in recent years has meant defending minority rights at great
risk to his person. It was not the police that checked the threats and
posturings but the intervention of Shri Arun Oza, state public
prosecutor who is a senior member of the RSS.
5. Minority community victimised
from targeting sections of the Muslim population with bullets, the
Gujarat police have further blackened their conduct by indiscriminate
arrests of innocent young Muslims all over the state. The Tribunal has
recorded details of these arrests and we estimate that at least 500
innocent Muslims languish in police lock-ups and jails of the state.
6. Unprofessional investigations
the Godhra tragedy and the post-Godhra carnage show up the criminal
justice system for tardy and loose investigations.
u The police, who are the investigating agency, have
simply not collected the forensic evidence in many of the mass crimes
that took place in Gujarat.
have not been recorded or not recorded properly. Irregularities in
search and seizure operations are amply evident.
u The list of victims and witnesses directly related
to different offences has not been compiled.
7. Real culprits not arrested
it is the Naroda Gaon, Naroda Patiya and Gulberg society mass killings
or the Sardarpura, Ode, Godasar, Pandharwada, Vishnagar, Unhava
massacres, the major masterminds who led the mobs and co-ordinated the
attacks, have not been arrested. State cabinet ministers who have been
named in FIRs are also scot free. The criminal justice system of Gujarat
has been especially lax with those among the accused and perpetrators of
mass crimes who belong to the BJP, VHP or Bajrang Dal. Even when they
have been named, these persons have not been arrested. For example, in
Bhavnagar, Shri Om Trivedi, the city VHP president and Shri Mansukh
Panjwani, a city BJP office-bearer, have been named as having led mobs
which set fire to 80 Muslim shops. Neither has been arrested.
Similarly, in Naroda Gaon in Ahmedabad, Dr. Jaideep Patel, leader of the
VHP and Sushri Maya Kotdani, MLA from the BJP, have been named as
perpetrators in a number of offences. But not only have they not been
arrested, they have in fact been discharged in respect of these
offences. State ministers Shri Ashok Bhatt, Shri Bharat Barot, Shri
Haren Pandya, Shri Narayan Laloo Patel, Shri Nitin Patel, Shri Prabhat
Singh Chavan and Shri Ranjitsingh Chawda too, have escaped any criminal
8. No identification parades
8.1. In a
number of cases, the victims could identify the perpetrators by sight as
they hailed from the neighbourhood, but did not know their names. It was
essential for the police to conduct identification parades in such
cases. But no such identification parades are known to have been
9. Combing Operations
9.1 A large
number of combing operations have been carried out in Muslim localities
and a number of persons have been arrested. However, given who the mass
offenders were, given the fact that it was the communal and lumpen
element among Hindus who were the aggressors in the post-Godhra carnage,
what was essential was that combing operations be carried out in
non-Muslim areas. If proper combing operations had been carried out in
these areas, a large amount of arms and ammunition like trishuls,
swords, gas cylinders, provocative leaflets, and later on, stolen goods
could have been recovered. But interestingly, no such operations have
been carried out. Even as the combing operations were being carried out,
the police resorted to indecent behaviour against women and children,
the real motive being to harass and humiliate them and to terrorise them
on the pretext of searching their houses.
10. Rape Victims
women have been molested and raped. The investigations by various civil
society groups, including the evidence recorded by the Tribunal, suggest
that as many as 250 young girls and women were victims of gross sexual
crimes. It was incumbent upon the law and order machinery to facilitate
speedy medical examinations of the victims. But this was not done. Thus,
there is no medical proof of rape. Secondly, a number of women have
complained that though they informed the police about rape, the FIR does
not mention rape at all.
11. No Action Against Errant Media
and Gujarat Samachar have especially played a very
provocative role in the carnage. Most fact-finding reports, including
the Editors’ Guild report, have found them guilty of generating communal
propaganda against Muslims. The police has sufficient powers under
section 153 B of the Indian Penal Code to take penal action against
these papers. The editors and the authors could have been arrested but
not even a complaint has been lodged against them.
12. No Action Against the VHP/Bajrang
12.1. It is
obvious that the VHP and Bajrang Dal played a major role in the carnage.
Their leaders have made highly provocative statements and have justified
the carnage. Again, they could have been arrested under section 153B of
the Penal Code but this has not been done. SIMI (Students Islamic
Movement of India) has been banned. The VHP and Bajrang Dal could also
have been banned by the state or the central government for inflaming
communal passions under POTA and under the Unlawful Activities
(Prevention) Act. But this has not happened.
13. Non-implementation of NHRC
Tribunal notes and records with concern the callous indifference with
which the interim and final recommendations of the NHRC have been
regarded by the criminal justice system in Gujarat. When the National
Human Rights Commission, presided over by a retired Chief Justice of the
Supreme Court, visits Gujarat, meets victims and officials and makes
certain elementary recommendations, one would expect that a government
which is keen to bring about normalcy would at least accept these
recommendations. But even this has not been done. Police are the accused
in many of the cases. NHRC, for instance, recommends that at least five
such cases be handed over to the CBI (Central Bureau of Investigation)
for investigation. Even this has not been done.
the existing provisions of Indian criminal law, if applied with
stringent regard to the rule of law, could have helped ensure that the
entire carnage was avoided. None of the more than 2,000 persons who died
would have died if the State had implemented the letter of the law.
14. Disturbed Areas (Special Courts)
section 3 of this Act, any area within the state can be declared as
Disturbed Area –
"Where a state government is satisfied
that there was, or there is, in any area within a state extensive
disturbance of the public peace and tranquility, by reason of
differences or disputes between members of different religious,
racial, language or regional groups or castes or communities, it
may, by notification in the official Gazette, declare such area to be a
an area is declared as disturbed, all scheduled offences within the
notified area have to be tried quickly by specially designated judges.
Murder and rape are some of the scheduled offences.
14.2. If the
affected areas in Gujarat had been declared as Disturbed Areas, the
prosecution of the cases would have been quick and, possibly, effective.
section 3(2) of the Act limits any notification to incidents that have
taken place three months prior to it being issued, today this provision
of law cannot be invoked. Thus, now the opportunity under this law is
15. The Prevention of Damage to Public
Property Act, 1984
this Act, any person who commits mischief in respect of public property
can be imprisoned for a period of up to 5 years. Though a majority of
the violence, arson and looting has been in respect of Muslim property,
there have been certain major incidents of targeting public property.
The office of the state minorities commission at Gandhinagar and the
shrine of Wali Gujarati are two of the many instances of public
properties, in respect of which mischief has been committed. However, to
the best of our knowledge, no case under this Act has been registered
against any one.
16. Status of Criminal Investigations
into Major Massacres
Partisan language in chargesheets filed by the police
The overtly partisan behaviour of the
Gujarat police can be assessed from the language contained in the
chargesheets related to the major incidents of mass massacre. For
instance, the chargesheet filed in the Gulberg society killings, where
no less than 60-70 persons were brutally killed, virtually begins with a
defence of the accused and paints the victims as instigators.
"It was after the firing by Jafri on
members of the mob (of 23,000) that the mob got violent and attacked the
locality". This recording of the offence is shocking to say the least.
Gulberg society was under a violent siege since 7.30 a.m. on February
28; the commissioner of police, Shri PC Pandey visited Shri Jafri at
10.30 a.m. and assured him protection; the crowds grew ominously by
11.30 a.m.; and finally Shri Jafri gave himself up to the aggressors, in
order to save innocent men, women and children who had sought shelter in
his home, at 2.30 p.m.
16.2. In a
similar misrepresentation, the Tribunal records with horror the way the
Naroda Patiya chargesheet reads: "The unruly crowd at Naroda Patiya went
on the rampage after a mini-truck driven by a Muslim ran over a Hindu
youth and the mutilated body of a Hindu was recovered from the area… the
crowd was anguished by the incident."
17. Progress of Major Cases
Sardarpura massacre, Mehsana: Thirty-three persons, mostly
women and children, were burnt alive in a small room in Sardarpura
village in Mehsana district. In all, there are 46 accused and they have
been released on bail following four different applications filed before
the additional sessions judge, Mehsana, Judge DR Shah. Four applications
have also been filed by representatives of the survivors, for
cancellation of bail of the accused. The public prosecutor (PP) in the
district court, Shri Dilip Trivedi, is also a general secretary of the
Vishwa Hindu Parishad, Mehsana district. (He gave an extremely
provocative statement on February 28 to the Sandesh daily). The
four applications for cancellation of bail are on the grounds that after
being released on bail, the accused attacked a mosque in the same
Sardarpura area. (FIR no. 110/2002 dated May 13 is lodged with the
Vijapur police station.). The PP did not take any interest in the
cancellation of bail. The High Court has issued notices in all these
four matters filed under section 439(2) of CrPC. Chargesheets have been
filed. This case and the conduct of the PP reveals the clear and
criminal anti-constitutional conduct.
Deepla Darwaja, Visnagar, Mehsana district: Eleven persons were
hacked or burnt to death. Thereafter, with a view to destroy the
evidence, the culprits collected their remains and dumped them in a lake
situated in a Patel community area. Two cancellation of bail
applications have been filed against the 43 accused who were released on
bail. Predictably, the same PP (Shri Trivedi who is also general
secretary of the district VHP) who never objects to bail applications by
the VHP and the BJP, had, registered his ‘no objection’ to bail being
given to the accused in this case as well. These applications have made
several pleas, the main ones being that the police conduct in
non-registration of names of the accused, deliberate non-recording of
panchnamas and subsequent failure to help locate the victims’
bodies, all ensured that easy bail was obtained. Prima facie,
there appears to be biased police conduct, a patent example of culpable
negligence. A special criminal application has also been made
challenging the same.
Gomtipur police atrocities case, Ahmedabad: This case pertains to
the death of six persons in reprisal killings by the police on April 21,
after a police constable was killed at Danilimda. Significantly, there
were no disturbances in the area on that day and no members of the
majority community reside anywhere around where the victims were
targeted or shot dead. The police killed Sushri Hanifabibi Bashir Ahmed
Sheikh (42), a woman residing at Modi Chawl, for no reason. So also,
Shri Kalubhai Sheikh (20), male, residing at Jhoolta Minara, Ahmedi
society, was shot dead. He suffered a head injury and died on the spot.
Sushri Naziabibi and Shri Mehmood Husein Sheikh (daughter and father)
aged 18 and 42 respectively residing at Patel Chawl, Kamdar Maidan were
similarly killed. Sushri Naziabi was cooking in the kitchen. Her father
was shot at in the same incident, outside the house. Shri Abrar Ahmed
Hanif Qureshi (22), male, was killed in the compound when the police
aimed from a hole in the gate and shot him. He suffered neck injury and
died on the spot. Similarly, one Shri Mehboobbhai Sultanbhai Sheikh (22)
was shot after the police entered the chawl from a private house. All
the post-mortem reports show that the victims died as a result of
fire-arm injuries. Yet, no FIR has been filed. Four different
applications have been filed before the Gujarat High Court on behalf of
the victims and supported by the Islamic Relief Committee, praying for
special investigation by the crime branch and inquiry against the
culprits/police constables and for compensation. They are all pending.
Bhavnagari case, Ahmedabad: On February 28, when many areas of
Ahmedabad and the state of Gujarat were being attacked, a large mob of
5-7,000 had targeted the Paldi area of Ahmedabad. Dr. Bhavnagari, a
respected doctor, and his son lived in Delite Apartments at Paldi, which
was also severely attacked and damaged by the mobs. Dr. Bhavnagari owns
a licensed gun and is also an ace shooter, being a member of the
National Rifle Shooters’ Association. When the mob advanced close and
threatened the doctor and his family, he used his gun and fired. Two
persons were injured and later, one fell victim to the bullets.
The police arrested Dr. Bhavnagari,
despite there being a strong case under section 76 onwards of the Indian
Penal Code, which permits a person firing in self-defence when his life
is endangered. The police also filed an FIR against both Dr. Bhavnagari
and his son on the ground that both had fired. The son surrendered to
the police in late March.
Though the police met one of those who
survived the bullets on March 3, they recorded his statement only on
March 14. In his statement, the young man stated that both father and
son had fired, in which two persons died. Applications for anticipatory
bail, filed for both father and son were rejected in the City Civil and
Sessions Court, Ahmedabad. The bail applications were then pending
before the Gujarat High Court. In its report, the police stated: "If he
had not fired, he would have died. A mob of 1,500-2,000 had attacked the
building; shops were burning; they had deadly weapons and it was only
when sections of this mob climbed the staircase of Delite Apartments
that Dr. Bhavnagari and his son fired." When this report was filed in
the Sessions Court, Shri Chetan Shah, advocate for the VHP (he is
appearing for them in all their cases), asked to be joined as party.
Magistrate Purani turned down the application saying that he had no
locus standi. The matter for deliberation on the police report under
section 159 was pending. Meanwhile, 90 days had passed since Dr.
Bhavnagari’s arrest. Under section 167(2) of the CrPC, if no chargesheet
has been filed within three months, a person has to be released. Both
appeals for bail came up before the HC. Granting bail, the judge,
Justice Behram J Sethna passed strictures against two police officers —
additional commissioner of police Shri Satish Sharma and police
inspector Shri NH Joshi — for filing the report, which only stated the
truth. It appears that the learned judge recommended departmental action
against the police officers, which we consider as rather unwarranted.
Best Bakery Case: In the Best Bakery Case in Vadodara where 12
persons were killed by a mob of around 1,000 people, the police have
played a shocking role by booking one Muslim, Shri Yasin Alibhai Khokhar,
among others, and charging him with murder, robbery and arson.
18. Investigations into Godhra Tragedy
the Godhra tragedy, the Gujarat police initially arrested 62 persons,
including at least seven boys, all said to be under the age of 16. They
were booked under the Prevention of Terrorism Act (POTA) by the
government railway police (GRP) for the February 27 attack on the
Sabarmati Express at Godhra. Following public outrage, the application
of POTA to these seven boys was withdrawn. But all the accused,
including the seven boys, still faced charges of murder, attempt to
murder, criminal conspiracy, arson, rioting and damaging public
property. Family members of the arrested minors were not informed, in
direct contravention of the orders of the Supreme Court in the Joginder
Singh case. The boys are: Haroon Iqbal, Farooq Kharadi, Firozkhan Pathan
(residents of Signal Falia); Asif Kader, Altaf Diwan and Naseer Pathan
(residents of Vejalpur Road); and Hasankhan Pathan of Dahod. The
attitude of the police after arresting these minors was telling. The
inspector of Godhra town police station, Shri K Trivedi said it was not
possible to check their ages at the time of arrest. "They were seen near
the site of the incident, so we arrested them. The rest will be taken
care of by the judiciary," he said.
Hasankhan Pathan, who is a Class IX
student in Dahod in the Panchmahal district, 150 km. away, had come to
Godhra to meet his aunt and uncle on February 26. His date of birth
according to school records is October 31, 1986. Evidence recorded by
the Tribunal records his relative Hussain Khan Pathan as saying: "In the
morning, he was playing with some other local boys, including Firoz and
Mustaq, when they heard of something going on near the railway track.
They got scared and came inside their houses. After a few hours, the
police came and picked up Hasan near Ali Masjid, on charges of mass
murder." Under the Juvenile Justice Act, minors below 16 years of age
have to be sent to a juvenile home, not to a police lock-up. "But they
have been kept in police custody, along with the other accused in this
case. We showed the age-proof documents of these minors to the police,
but they did not listen to us," said Shri Soukat I Samor, a senior
advocate, who represents some of the accused. This is one more instance
of police misconduct in the context of the Godhra tragedy and the
carnage that followed.
Godhra police failed in their first major case, when additional sessions
judge Viram Y Desai acquitted all 73 accused of all charges against them
on September 22, 2002. The judge accused the police of extracting the
names of the accused from those who were arrested first, and the
investigating officer (IO) of fabricating evidence. He expressed doubts
over whether one of the incidents occurred at all. These findings by the
judge cast a major cloud on the conduct of the police in the Godhra
Following the Godhra incident, these
73 who were arrested, were charged with conspiracy, rioting, arson,
inciting communal passions, attacking the police, robbery, etc. All the
Hindus got bail, whereas most of the Muslims (accused of burning
property belonging to their own community, including a mosque and
school), remained in custody till the trial was over. Some of them
continue to be in custody on the charge of burning the train. The
witnesses for the prosecution were all policemen. The prosecutor argued
that since the area was under curfew at the time of these incidents of
violence, it was difficult to find independent witnesses. Hence, the
testimony of the policemen should be believed, as also the panchnamas
made on the spot by them.
judge found that none of the charges were proved because of the conduct
of the investigating officer (IO) who first brought in a set of accused
persons to the police station, who in turn named others as co-accused,
who were later arrested in combing operations. The judge held that this
revealed that "there is no concrete evidence against the 73 accused, who
were picked up out of 2,000 people." This verdict of the Sessions Judge
points out several serious lacunae in police investigations.
(See Detailed Annexures, Volume III).
19. Medico-Legal Issues
the post-Godhra carnage, government and municipal hospitals that gave
post-mortem reports recorded shocking lapses when detailing causes of
injury in the case of police firings. The post-mortem reports in such
cases mention nothing about injury by bullets but state that death was
due to injury and shock. These lapses, we hope, were not deliberate, as
otherwise it would legitimately invite the criticism that hospitals in
Gujarat are not different from other public institutions, which have
20. Role of the Judiciary
20.1. The Tribunal records
that the overall conduct of the judiciary, higher and lower, when in
times of serious law and order breakdown and when complete anarchy
prevails, is decidedly wanting. While we are clear that, as a rule,
courts cannot play the role of the legislature or the executive and take
charge of the maintenance of public order, there comes a time when the
judiciary is looked upon as the last resort. At such times, and such
moments were evident during the Gujarat carnage and remain important to
date, the judiciary is expected to rise to the full capability of its
constitutional obligations and duties and take swift and clear suo
motu action, if necessary, to restore the belief of the
disillusioned, marginalised and alienated sections of our population,
who have been victims of state sponsored massacres. In not doing so, the
courts fail in their primary duty. We state with regret that the
casualness with which matters relating to the Gujarat carnage have been
handled by the court(s), high and low, is a matter of serious concern
for the rule of law and the survival of constitutional principles in any
real sense in this country. Even open acts of threat, against two high
court judges belonging to the minority community, did not stir the high
judiciary into any action against the government. This is a sad
reflection on the judiciary, which in the past, had considered the
slapping of a magistrate a sufficient enough reason to invoke the
contempt jurisdiction of the Apex Court!
The evidence shows that the investigation process
was totally inactive, in that,
There was no recording of complaints made by affected persons,
incidents were taking place.
u FIRs were recorded after several days.
u Even the recorded FIRs contained incorrect versions and
not the versions as
reported by the complainants.
u The names of the culprits, even when disclosed, were
u In fact, the complainants were told not to name the
accused, otherwise the
complaints would not be recorded.
u The FIRs of individual victims were not recorded and
containing several incidents were recorded, which would deny
and stall the delivery of criminal justice.
u In many cases, the panchnamas
of the scenes of offence have not been made. The forensic
evidence has not been collected.
u The leaders of the mob violence have not yet been
u The police participated in the violence and, in spite
of clear and well-docu
mented evidence against the police, no policeman has been
prosecuted or pro
ceeded against otherwise.
u Search and seizure of weapons and looted material have
not been effected at
despite direct evidence of armed mobs committing the crimes.
u Most of the prosecutors who are in charge of these
cases owe allegiance to the
organisations perpetrating the crimes, with the result that the
victims have no con
fidence in the due process of law.
the evidence recorded, many persons, politicians and officials
been repeatedly mentioned by witnesses, as directly taking part
violence on innocent victims and also leading the mobs.