Justice delayed is justice denied?

Hameed Ashraf | NT

Bengaluru: The State government approved the Bengaluru Urban Deputy Commissioner's inquiry report into KG Halli and DJ Halli riots after a full three-year gap.

Families of several under trials who claim their kin have been wrongfully implicated in the case breathed easy as they learned of the development.

The accused have been arrested under the stringent Unlawful Activities (Prevention) Act (UAPA) charges.

Case dates back to 2020

The riots took place in the northeast locality of Bengaluru on August 11, 2020.

Trouble began when the then Pulakeshi Nagar MLA Murthy’s nephew P Naveen published a Facebook post insulting the prophet of Islam.

Muslim protesters, including Social Democratic Party of India (SDPI) members, turned up at DJ Halli police station and demanded an FIR be registered against Naveen.

They claimed there was a deliberate delay in the filing of the case due to Naveen's political connections and rioting erupted on the spot. Police responded with tear gas shells and lathi-charge killing four and injuring 15. Moreover, 75 cops were hurt in the violence.

Rioting and arson also broke out near KG Halli police station and Murthy’s house was set on fire. Section 144 was imposed in the area. Locals alleged between 200 to 800 Muslim youths were picked up, including innocents.

Guardians approached Murthy to have their wards released but to no avail. Following that, many Muslims in the constituency, including Ulema (Islamic scholars) had opposed Murthy’s candidature. Congress top brass agreed and gave the Pulakeshi Nagar ticket to AC Srinivas for the May Assembly polls.

A miffed Murthy contested on a BSP ticket and lost to Srinivas.

Many still jailed, others out

Although many of them were released on various grounds, at least 37 men are still awaiting their trial at Parappana Agrahara Central Prison in Bengaluru.

Advocate Mohammed Tahir said that there is no easy answer to the problem which lies in the structure and functioning of the justice delivery system, right from the police to the courts and jails.

The system somehow lacks accountability for miscarriage of justice which leaves the under trials in the lurch.

Kin allege injustice

The relatives of Masood, an accused in the case, told NT that their kin was innocent.

“He had gone to DJ Halli Police Station to file a complaint against Naveen. However, there was a mob already gathered outside the station which resorted to violence. Masood was thrashed by the mob for supporting the cops. Later the police appreciated his efforts and assured to send him back home with security. However he was arrested and was labelled antinational,” claimed a relative on the condition of anonymity.

Shafiullah, father of another accused added: “My son was only 23 years old when he was arrested. He was working at a call centre and was at home the whole night. At around 3 am, the cops barged into our house and took him away, with them stating that he was one of the suspects.”

Sanaa, a resident of DJ Halli, whose husband was arrested by the police, said she found CCTV video of her husband entering her apartment hours before the riots began but has been unable to use the footage in court to prove her husband’s innocence as her lawyers have told her it can only be done when the case enters the evidence stage of the trial since the charges were filed under UAPA.

Delays galore

The primary reason offered by the court for not coming out with the order soon enough was that both defence and prosecution were delving deep into the charge sheet and accompanying evidence.

There are other factors such as lack of evidence, delayed hearings and retirement of judges which further causes postponements. Advocate Tahir highlighted that the families of the accused are not aware of the legal process which is why they get into trouble sometimes.

“Most of the accused persons and their families are illiterate or semi-illiterate and come from socio-economically weaker sections of the society,” he said.