NHRC calls for action taken report from the Government of Uttar Pradesh over the findings and recommendations of its investigation team about exodus of families from Kairana area (21.09.2016)
New Delhi, 21st September, 2016
The National Human Rights Commission, NHRC has considered entire material placed on record, including the report of Investigation Division team of the Commission on a complaint that families of a particular religion are leaving Kairana area of Western UP due to fear of criminals. The Commission has asked the Chief Secretary and Director General of Police, Government of Uttar Pradesh to submit an action taken on the observations and recommendations of the team within 8 weeks. The proceeding, including the findings and recommendations of the NHRC's investigation team, is as below:
"The Commission received a complaint from Miss Monika Arora, Advocate, Supreme Court of India and convener of an NGO stating that families of a particular religion are leaving Kairana area of Western UP due to fear of criminals. It had been alleged that a woman belonging to Kashyap caste was abducted, gangraped and killed, yet no action was taken by the police against the offenders. Two of the businessmen viz. Shankar and Raju both brothers were shot dead by the criminals in broad day light in the market when they did not pay protection money to the criminals. A petrol pump was also looted in the area and when the police chased the criminals, the constable was short dead and the criminals managed to flee. It has been further alleged that about 250 families have migrated and left their homes out of the fear of the criminals who enjoy political patronage. A Prayer has been made for immediate intervention by the Commission in the matter.
Upon perusal, the Commission vide proceedings dated 10.6.2016 observed and directed as under : -
"The allegations made are serious in nature. Let a notice be sent to the Chief Secretary, Government of UP and Director General of Police, UP calling for a report within four weeks. In the meanwhile the Deputy Inspector General, Investigation Division of the Commission is requested to immediately depute the team of its officers for a spot enquiry in the matter covering all the allegations made in the complaint and submit the report within two weeks."
Pursuant to the directions of the Commission, a team consisting of Dy.S.P. Ravi Singh, W/Inspector Suman Kumari, Inspector Saroj Tiwari and Inspector Arun Kumar carried out spot enquiry and has submitted report. During inquiry team visited different places in Kairana Town, Shamli, UP, Muzaffarnagar, UP and Panipat, Haryana. The team also examined relevant witnesses, victims, independent witnesses, concerned police officials and SDM. Copies of relevant records were also obtained and analyzed. Team also obtained list of 346 displaced families/persons from P.S. to the MP, Kairana. Out of that list 3 residential localities were selected and at random atleast six alleged victims/displaced families/persons were chosen for verification. The team also had telephonic verification from atleast four displaced families mentioned in the above list who had migrated to distant places such as Dehradun (Uttarakhand) and Surat (Gujarat) from Kairana Town. Team during inquiry found as under :-
1. It was found to be correct that the victim Smt. Guddi @ Surendri (Kashyap family), as mentioned in the complaint, was kidnapped on 4.4.2016 and was subsequently murdered by Kurban, Mohsin and others.
2. The matter was reported to the police of PS Kairana on 5/4/2016 by Sh. Sangat, husband of the victim Smt. Guddi @ Surendri, but the police neither registered an FIR in this regard nor started to search for Smt. Guddi @ Surendri the same day i.e. on 5.4.2016.
3. On 7/4/2016, the dead body of the victim Smt. Guddi @ Surendri was found near the bank of river Yamuna in village Mobai, PS-Kairana with injuries/boils, in decomposed condition. After the dead body was found, the police registered Case FIR No. 227/2016 under S. 364 IPC PS Kairana on the complaint dated 5.4.2016 of Shri Sangat and started investigation.
4. The IO of the case recorded the statements of Sh. Samaydin and Sh. Abbas of the same Village Akbarpur Sunheti u/s 161 Cr.P.C. on 8.4.2016 that they had seen Smt. Guddi @ Surendri along with Sh. Kurban, Mohsin, Sh. Ankush (nephew of victim Smt. Guddi) and Sh. Ramender ('Devar' of victim Smt. Guddi) last time on 4.4.2016.
5. Accordingly, the police started the search for all the 04 accused persons namely Sh. Kurban, Mohsin, Ankush and Ramender.
6. Subsequently, on 13.4.2016, the IO of the case arrested Sh. Kurban and Sh. Mohsin who also disclosed about the involvement of Sh. Ankush and Sh. Ramender.
7. On the other hand, Sh. Sangat and his family members claimed that their relatives Sh. Ankush and Sh. Ramender were working along with other family members and villagers in the sugarcane fields of village Bitana, Tehsil Gohana, District Sonipat, Haryana till 6.4.2016. However, police failed to arrest Sh. Mustafa and Sh. Abbas of his village even after he submitted a complaint in this regard.
8. The IO of the case also did not visit District Sonipat to verify whether Sh. Ankush and Sh. Ramender were working in the sugar can field of Village Bitana District Sonipat, Haryana as claimed by the Kashyap family.
9. The IO/SO of PS Kairana instead conducted a house search to arrest them and also made inquiry from the family members without the presence of any women police staff or any independent witnesses.
10. Smt. Munesh, mother of Sh. Ankush alleged that the police of PS Kairana during the night of 27-28/05/2016 misbehaved with her by picking her up from her cot when she was asleep in her night dress.
11. Subsequently, both of these accused persons were declared proclaimed offenders u/s 82 Cr.P.C., and Sh. Ankush and Sh. Ramender are still wanted by the police.
12. At least 24 witnesses stated that the youths of the specific majority community (Muslims) in Kairana town pass lewd/taunting remarks against the females of the specific minority community in Kairana town. Due to this, females of the specific minority community (Hindus) in Kairana town avoid going outside frequently. However, they could not gather courage to report the matter to the police for the legal action.
13. Some of the displaced persons also verified that it was one of the reasons for their migration from Kairana Town.
14. The registration of three FIRs u/s 294 IPC in PS Kairana by the police Const./SI on duty clearly proves that such incidents used to occur against the females of minority (Hindu) community.
15. The police record reveals that both Sh. Shiv Charan and Sh. Rajender (two businessmen) were threatened to pay protection/extortion money by the notorious gangster Sh. Mukeem Kala. Similarly, four other prominent businessmen of Kairana Market shown in the list issued by the Hon'ble MP Kairana at Sl.No. 2,3,5, & 17 have made the same allegations.
16. The notorious dreaded gang leader Sh. Mukim Kala had committed at least 47 cases of Robbery/Murder/ Dacoity/Extortion/Violation of Arms Act during the span of just 05 years from 2010 to 2015, in the States of UP, Haryana, Uttarakhand involving amount of crores of rupees and robbing of Govt. Arms/Ammunition.
17. Two petrol pumps of Hindustan Petroleum Company and of Indian Oil Company, were shut down 8-10 years ago in Kairana due to non-payment of money for the petroleum products by persons with criminal tendencies of Kairana and threatening the workers/owners of both the petrol pumps.
18. In 2013, the post-rehabilitation scenario resulting in resettlement of about 25/30 thousand members of Muslims Community in Kairana Town from district Muzaffarnagar, UP, the demography of Kairana town has changed in favour of the Muslim Community becoming the more dominating and majority community. Most of the witnesses examined and victims feel that the rehabilitation in 2013 has permanently changed the social situation in Kairana town and has led to further deterioration of law and order situation.
19. Most of the witnesses stated that many families migrated due to threats pertaining to increase in crime and deterioration of Law and Order situation.
20. The DM & SP, Shamli and SO/Kairana did not provide the requisite record to the NHRC team regarding movement of police force on different occasions such as prevailing tensions between both the communities during religious processions, record of complaints received in their respective offices as requested vide letter dt. 18.6.2016. Accordingly, they were requested on the second day of the enquiry i.e. on 21.6.2016 but they still did not provide the requisite record.
DIG, NHRC had concurred with following recommendations for a directions to the Chief Secretary and Director General of Police, UP : -
i) Inform the status regarding grant of additional financial assistance of Rs. 4.0 Lakh each to the widows of the three deceased businessmen as proposed by DM/Shamli vide letter dt. 13.11.2014 and 13.6.2016.
ii) To get at least one Petrol Pump in Kairana Town opened in collaboration with a Public Sector firm, by providing fool proof security by the UP Police, to enable the people to lead normal daily life.
iii) The Commissioner of Saharanpur and the DM/Shamli may be instructed to get regular meetings of the religious and political leaders organized of both the communities at sub-divisional and mohalla level to sort out their differences in amicable manner from time to time to maintain harmony and spirit of brotherhood in Kairana Town.
iv) A high-level committee of the Govt. of UP may be constituted to meet each of the displaced families from Kairana Town now living in districts Dehradun, Panipat, Muzaffarnagar, Roorki, Karnal, etc. of Uttarakhand and Haryana in order to redress their grievances and facilitate their return to Kairana, if so desired.
v) To transfer the investigation of Case FIR No. 227/16 u/s 364/302/201 IPC PS Kairana with immediate effect to CB/CID UP for fair and impartial investigation of the case.
vi) To order a departmental enquiry and the SO/SI-MS Gill of PS Kairana for delay in the registration of Case FIR No. 227/16 u/s 364/302/201 IPC PS Kairana and a departmental enquiry against SO/SI-MS Gill and IO/SI-Rishi Pal for committing irregularities in the investigation of Case FIR No. 227/16 u/s 364/302/201 IPC PS Kairana and for alleged misbehaviour at the time of police raid with Smt. Munesh r/o village Akbarpur Sunheti, Kairana, in her house during the night of 27/28.5.2016.
vii) To ensure that fair and impartial trial of Sh. Mukim Kala and his associates and Shri Furkhan and his associates is not impeded as there is apprehension that witnesses would not be able to depose against them due to their fear and terror. The District administration and the Police should also undertake appropriate measures to instil a sense of security among the people of Kairana and to strengthen their faith in the rule of law.
viii) To take all necessary steps for improving law and order situation in Kairana so as to restore the faith of the people in the law and order machinery so that people are not forced to migrate due to activities of local criminals and extortion rackets in future.
The Commission has considered entire material placed on record including report of Investigation Division team of the Commission and directs Chief Secretary and Director General of Police, UP to submit action taken report on the observation and recommendations of the team narrated above within eight weeks."