The Hindu : Other States / Rajasthan News : Cases in communal clashes dropped `selectively'

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Friday, Aug 13, 2004

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Other States - Rajasthan

Cases in communal clashes dropped `selectively'

By Our Special Correspondent

JAIPUR, AUG. 12. The Bharatiya Janata Party Government in Rajasthan has selectively withdrawn a large number of cases related to communal conflicts filed during the previous Congress Government in the State. By the Government's own acknowledgement in the State Assembly during the just concluded Budget session orders have been issued for the withdrawal of 122 cases while the fate of 68 others is under consideration.

A pertinent aspect of the move is that most of the cases listed for withdrawal had been registered against the activists of the Rashtriya Swayamsevak Sangh, the Vishwa Hindu Parishad, the Bajrang Dal, the Vanvasi Kalyan Parishad and Shiv Sena. They were registered under Sections, 395, 295, 436, 427, 440, 147, 148 and others of the Indian Penal Code. However, the cases registered against members of the minority community in the same communal incidents have not been withdrawn.

The details of the 122 cases which have been ordered to be withdrawn are being collected by human rights groups under the provisions of the Right to Information Act. However, the example of Kalinjara in Banswara district where six cases were filed after incidents of looting and arson on September 9, 2002 gives a glimpse of the shape of things to come.

Kalinjara town, adjoining Gujarat border had witnessed a large-scale attack on Muslims which resulted in damages to 49 houses, a number of shops and a masjid.

A Government order on July 9 this year directed the district administration to withdraw five of the six cases filed after the Kalinjara incidents. All the five cases -- in which 100 persons were accused -- were against the activists of the Sangh Parivar outfits while the sixth case, in which seven Muslims were the accused was left intact. The case is still on in the court of the Banswara District Judge.

After an order from the Banswara Collector to the public prosecutors, the five cases were withdrawn even when the trials had already been held in those cases. While the public prosecutor had forwarded the application for the withdrawal of the cases on July 22, three cases -- 277/02, 279/02, 280/02 -- were decided on July 20 and 21 itself by the additional district judge acquitting the accused.

Another case -- 276/02 -- taken up on July 22 found the person guilty under Section 148, IPC but the accused was released on probation. The same day the case (278/02) against those who allegedly set fire to the masjid, was withdrawn.

"Going by the Kalinjara example it is clear that the State Government's decision to withdraw the cases has been both politically motivated and communal,'' observed Prem Krishna Sharma, a human rights lawyer and former president of the Rajasthan People's Union for Civil Liberties.

"Even before the orders were given the public prosecutors and others concerned were given to understand that the cases would be withdrawn. This affected the nature of trials as well,'' Mr. Sharma alleged.

"The Government decision to take back the cases in a selective manner would aggravate the communal situation in the State. The move is partisan and would only prompt more such acts of violence against the minorities,'' noted Than Singh Jatav, president of the Rajasthan PUCL.

The activist groups are now trying to procure the details of other cases which have been withdrawn. Their attempts to meet the Chief Minister, the Chief Secretary and the Director General of Police to discuss the issue have proved futile with none of them reportedly sparing them any time.

According to Mr. Sharma, the options before the groups are to file a review petition before the Rajasthan High Court in the four cases in which the court had given the verdict and to file a public interest petition in the remaining cases. The groups also propose to approach the National Human Rights Commission.

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