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IN THE SUPREME COURT OF INDIA
WRIT PETITION (CRL) 181 OF 2013
ANHAD ….Petitioner
Versus
State of UP & Anr. ….Respondents
WRITTEN SUBMISSIONS ON BEHALF OF THE
PETITIONER (ANHAD)
1. This Writ Petition by the NGO ANHAD was filed on the
basis of a fact finding done titled “Evil Stalks the Land”
dated 24.9.13 after a large team of journalists, social
activists, lawyers, law students, film makers and NGOs
visited the riot affected districts of Muzaffarnagar, Shamli,
Meerut, Saharanpur and met the victims in camps and
video recorded the stories told to them by the victims.
2. In this report extensive details are given of the individuals
and parties those were involved in the riots. The members
of the fact-finding have also given full details of the
conditions of the Jamia Arabia Zainatul Islam Camp,
Rashid Ali Gate, Loni, the Kandhla Idgah Camp, Kandla,
Ismail Colony Camp, Mustafabad Camp, Bijli Ghar Camp,
Shamli, Danga Pidit Rahat Shivir, Jola, Shamli Camp,
Malakhpura, Khurman Road Camp, Kairana, Loi Camp.
3. All the persons from these camps in the interview spoke of
the shortage of ration, lack of medicines and doctors,
unhygienic conditions, lack of toilets, people falling sick
due to the unhygienic conditions, pregnant women
delivering babies in very dirty conditions because the
government hospitals were not treating patients, lack of
security, shortage of tents, no education facilities for the
children, lack of employees to clean the camp, lack of
ambulances, no wood for fuel, no utensils, shortage of
milk, shortage of blankets, children dying due to snake
bites and so on.
4. From page 182 onwards of the petition, the petitioner
has given specific details of those who led the riots,
instigated the mobs and indulged in hate speech. At page
182 the names of Hukkum Singh, Suresh Rana and
Bhartendu are specifically given as the leaders of the mob.
It was submitted that these persons were arrested and
immediately let off on bail. No specific denial has been
made on affidavit by the state of UP. The names of these
persons are again mentioned along with other leaders at
page 183 onwards. It was submitted that these persons
mentioned as leaders of the mob uttered vile anti Muslim
slogans and yet they are all roaming free today.
5. Specific details regarding the identity of the
assailants are recorded on the basis of recorded
testimonies of the victim families. These testimonies
are to be found at page 205 onwards where the victim
families speak of rape, murder, arson and looting and so
on and they specifically identify the assailants and it was
specifically submitted that the persons cited as assailants
are roaming free in the villages. The affidavit in reply
filed by the state of UP did not traverse any of the
specific allegations made in this petition. From page
222 onwards the list of the killed and injured are set out.
From page 224 onwards the names of the assailants and
leaders of the mob are set out together with the slogans
that they shouted. It is repeated at page 228 as under:
“6. Most of the registered FIRs are by names
but still most of the accused are roaming free.
7. Ajit Pradhan of village Lisad was moving
with the Police though he has been named in
approximately 20 FIRs.
Sr.No Name of accused persons Petition page
No.
1. Umesh Naik 180
2. Sanjeev Balyan 180
3. Hukum Singh 181
4. Suresh Rana 181
5. Bhartendu 182, 183
6. Umesh Mallik 183
7. Sanjeev Balyan 184
8. Vinod Paramukh 184
9. Baba Harkishan 185, 210
10. Baba Sitaram 185
11. Vijendra 185
12. Quadir Rana 185
13. Rashid Siddiqui 185
14. Mursalin 185
15. Shahindul Azam 185
16. Maulana Nazeer 185
17. Pradhan Ajit (alias Kalia) 206, 208
18. Hari Kishan Pradhan 208
19. Bhola son of Krishpal 208
20. Sompal 208
21. Dev Singh 208
22. Rampal 208
23. Madan 208
24. Ankit (son of Madan) 208
25. Rajender (son of Harikishan) 209
26. Billu Pradhan 209, 213
27. Kishan (Kerosene Dealer) 210, 215
28. Shravan (Kerosene dealer) 210
29. Sangeet Som 210
30. Pankaj Mallik 210
31. Harender Mallik 210
32. Gajender (son of Hari Kishan) 214
33. Subhash (son of Kishan Chand) 215
34. Sarvan (son of Gian Chand) 215
35. Raju Ankit 215
36. Pawan 216
37. Ajit 216, 228
38. Maharaj Singh (son of Bhim Singh) 220, 225
39. Rajendra Mallik 220
40. Naresh Takait 220
41. 26 assailants name 224
42. 27 assailants name 224
43. Mrs. Ramkali (W/o. Mauseram) From the
“brief note
by state of
UP related to
crime and
action
taken”
44. Mangeran Thambedar Ditto
45. Smt. Ramkali Ditto
46. Pritam Singh Ditto
47. Mangeram Balyan Ditto
48. Naresh Takait Ditto
6. The National Commission for Minorities visited
Muzaffarnagar on 19.9.2013 and made a report which is
annexed at page 111. The report begins with recording the
anti Muslims slogans given by the assailants. At page 119
details are given of the mosques and shops burnt and the
large numbers of people in the camps.
7. The reliefs in this petition are as follows:
a) Issue a writ of mandamus or any other appropriate
writ, order or direction constituting a Special
Investigating Team of police officers from outside the
state of Uttar Pradesh and headed by E.N.
Rammohan former Director General, BSF to
investigate in respect of the instances of murder,
assault, rape, abductions, arson, looting of
properties, provocative hate speeches , communal
writing in the media and other criminal activity
relating to the riots in and around Muzaffar Nagar,
Shamli, Bhagpat, Meerut, Ghaziabad, Saharanpur
and other affected areas and to prosecute the
offenders in accordance with law.
b) Issue an order requesting the Director, Tata
Institute of Social Sciences, Mumbai to send a
team of investigators to the affected areas of
UP to enquire into the conditions of the
victims including missing persons and
thereafter to make a report regarding the true
state of affairs and to suggest a practical and
detailed scheme for the rehabilitation of the
victims of the riots.
c) Issue an order directing reputed organization to
depute a group consisting predominantly of women
teachers and students to visit the affected districts
and interview the women concerned in cases
regarding violence against women and to make a
report to this Court.
d) Issue an order directing the Director AIIMS to
constitute a panel of lady doctors to conduct medical
examination of the victims of sexual assault.
e) Issue an order directing reputed organization to
depute a group to visit the affected areas to make an
inventory of the property of the victims which have
been damaged or destroyed.
f) Issue an order directing the state of UP to forthwith
provide women doctors in the camps and elsewhere
particularly to care for pregnant women and women
with small children.
g) Issue an order directing the state of UP to forthwith
reopen all the Anganwadi centres and to open
additional centres so that the nutrition and education
of little children do not suffer.
h) Issue an order directing the state of UP to ensure
that the education of the children in the riot affected
areas returns to normalcy immediately.
i) Issue an order directing the state of Uttar Pradesh to
forthwith attend to all the grievances regarding
conditions in the camps, non registration of FIRs,
missing persons, food, medical attention, proper
sanitation, adequate tents, drinking water and water
supply, blankets, clothes and other requirements as
set out in the petition.
j) Issue an order directing the Union of India to provide
security at all the camps through the Central Security
Force with immediate effect.
k) Issue an order directing the state of UP to ensure
that all police personnel cooperate in a sympathetic
manner with all the victims of the riots and register
all the FIRs proposed to be filed and thereafter
proceed against persons mentioned in the FIRs
registered with the police by arresting the said
persons.
l) Issue an order directing the State of Uttar Pradesh to
abolish the provision of home posting the police
personnel posted in the vicinity of their homes which
lead to mass mobilization of the local administration
and non cooperative attitude to victims and colluded
with the rioters.
m) Issue an order to the State of Uttar Pradesh to fix
criminal liability and to initiate departmental
proceedings against the police personals found
colluded with the rioters and facilitated in the
commission of large scale arsoning, looting and
murders.
n) Issue an order directing the state of UP to pay
compensation of Rs. 20 lakhs to the families of each
deceased person, Rs. 10 lakhs to the seriously
injured and full and proper compensation for loss of
property including houses, household articles,
vehicles, animals and the like, within one month from
today.
o) Issue an order directing the State government and
the central government to frame a comprehensive
policy of the riot victims who cannot settle back to
their homes, and to provide them status of the
migrants at par with the Kashmir migrants and
thither cases, with all such other benefits at par with
the victims of the riots.
p) Issue an order to the appropriate authority to
provide them voter identity cards and such other
identities and to provide the electoral franchise in the
respective camps or the local area wherever they are
temporarily settled as dislocated citizens.
q) Issue an order to provide specific land denoting as a
temporary measure notifying land for the right
affected victims as a temporary shelter as a
temporary measure.
r) Issue an order or direction to respondent no.2 to
formulate a guideline for the print and electronic
media in terms of reporting during such kind of riots.
s) Issue an order to immediately cancel all the arm
license in the riot affected districts further for an
order for the recovery of all such illegal weapons
which were used to massacre the innocent peoples
such as guns, pistols, swords, trishuls etc.
8. The counter affidavit on behalf of state of UP dated
20.11.13 is at page 435 onwards and does not contradict
any of the specific averments made in the petition.
9. Petitioner then filed a status report dated 12.12.13
providing a list at pages 15 onwards of the persons
including old women and men and young children
dying in the camps. To contradict the statement of the
counsel for the state of UP to the effect that the people
were leaving the camps voluntarily petitioner has annexed
photographs at pages 18 onwards showing that the
people in camps have been forcibly scattered and
rather than returning to their homes are actually in smaller
camps nearby the original camps.
10. In the second counter affidavit of the state of UP filed in
this petition and dated 20.1.14, once again the specific
contents of the writ petition to the effect that the specified
assailants have not been arrested or were immediately
released on bail and are roaming free in the villages have
not been specifically denied.
11. In the “Brief note by State of UP related to crime and
action taken” at page 2 is a “Brief note on action
taken in registered cases by special investigating
cell”. The statistics given therein makes interesting
reading:
a. 566 criminal cases
d. 6656 persons named in the FIRs
e. 541 persons named in the FIRs wrongly
named.
h. and i. 398 persons taken into custody
From the above statistics it can be concluded that
6258 (6656 – 398) genuinely accused persons are
roaming free today. Even if it is accepted that
accused persons are named more than once and
that 3803 persons are genuinely named in the FIRs,
still 3415 (3803 - 398) persons are roaming free
today. Moreover, out of the 398 persons arrested,
state of UP has not disclosed how many have been
released on bail. Thus in respect of the most crucial
information that should have been put on affidavit,
no disclosure has been made.
12. In the Brief Note at page 6, the most important
information is cryptically hidden in the following maner:
“ Action against all persons irrespective of their
political or economic status
Action has been taken against total 22
important persons. Out of which 12 persons
are on bail. ”
13. Continuing with the same “brief note” at page 4 it is may
be noticed that the investigation is currently being done by
54 police personnel with a few officers supervising in
addition. Counsel for the state of UP made a statement
that each investigator is given only 5 cases to do. If the
566 criminal investigations are divided by 5, 133
investigation officers are required as against 54
currently assigned this work.
14. Most important is the enquiry report of the state of UP
at page 72 onwards of this status report wherein
the state of UP has admitted that in case after case,
young children and old persons died due to the cold
and lack of medical attention. This is a tragic
confirmation that the state of UP has completely abdicated
its constitutional duty to take care of the victims of the
riots.
15. In the second status report dated 16.1.14 filed on
behalf of the petitioner, the petitioner put on record the
report of the Asian Human Rights Commission which
put together a team of members from the Peoples Union
for Democratic Rights (PUDR). This team visited the relief
camps 28-30th December 2013. This report gives a tragic
account of the forcible eviction of the riot affected from
the relief camps, apathy in provision of reliefs by
government agencies, the administration not making any
attempts to distribute woolen clothes and blankets for
people living in the camps, the under-reporting of the
number of persons in the relief camps, the non
identification 1800 families as riot affected, the slow
progress of police investigation of complaints related to
murder, rape, arson and looting, the roaming free of
persons named in the FIRs as committing heinous crimes
and so on.
16. From 48 onwards are newspaper reports which on a daily
basis record the indifference of the state of UP and the
suffering of the riot affected persons. Although one does
not usually go by newspaper reports alone, nothing
prevents this Hon’ble Court from taking note of the
very large and consistent media reporting which
confirms that the reports are accurate and made in
public interest in situations where the reporting is
uniform and consistent this Hon’ble Court may take
note of the reporting and act on the same.
17. At page 45 is the report of the Times of India dated
27.12.13 carrying the infamous remark of a minister “no
one dies of the cold”. At page 46 is the report from the
Hindu dated 1.1.14 recording that senior district officials
were “urging” riot affected families to leave the Loi village
camp in the biting cold. At page 64 is the Hindu report
dated 2.1.14 titled “From Displacement to Disappearance”
putting on record officials forcing riot victims to leave the
camps, the pitiable conditions of the pregnant women, the
condition of the children whose education had been
stopped, the bulldozing of the camps that were “forced to
disappear”.
18. At Annexure O at page 64 of the status report is the
Tehelka report and at internal page 33 of the report is the
article titled “the Neros of Uttar Pradesh”.
19. At page 48 and 55 onwards are the affidavits of the
families in the camps stating that were forced to leave the
camps, that no compensation was paid to them and that
the accused persons named in the FIR are still roaming
free.
20. A compliance report with an affidavit dated 20.1.14 has
been filed in this Court by the state of UP. Reading page
134 along with page 137 it becomes clear that there are
566 criminal cases remaining to be investigated.
Page 138 to 142 are the table showing that as against
6403 accused named in the FIRs relating to serious
criminal offences on 295 were arrested. Page 162
read together with page 165 shows that as against 741
accused persons named in the FIRs relating to
murder only 80 were arrested. Similarly, page 166
read together with page 169 shows that as against 513
accused persons named in the FIRs relating to
arson only 83 were arrested. Page 170 read together
with page 173 show that as against 506 accused
persons named in the FIRs relating to grievous
injuries and attempt murder only 51 were arrested.
Page 174 read together with page 177 show that as
against 111 accused persons named in the FIRs
relating to rape and molestation not a single person
was arrested. Similarly, page 178 read together with
page 181 show that as against 4532 accused persons
named in the FIRs only 75 were arrested.
21. In the affidavit dated 16.11.2013 filed by the petitioner,
the petitioner has put on record 151 FIR’s lodged in one
Police Station being Fugana Police Station in District
Muzaffarnagar (Page 8-93), showing that 2200 persons
were named as accused persons and has stated that the
accused are roaming free. Petitioner has further stated
that in Fugana Police Station more than 300 FIR’s have
been lodged and in the whole district about 600 FIR’s have
been lodged and that the situation of the accused roaming
free is true of the all these FIR’s as well.
22. Petitioner has further stated that it was important for the
state to specifically deal with the specifically named
accused to show how many named accused persons were
arrested and how many were released on bail.
23. Petitioner then put on record the report of the Joint
Citizen’s Committee comprising of women rights
activists, health and Medical professionals and lawyers
(Page 99 onwards) the camps they visited are set out at
page 103. The “panic marriages” of women in the camps
is set out. The rape and gang rape FIR’s are set out at
page 104 onwards. It is stated that no arrest have been
made. The health situation is set out at pages 107
onwards.
24. At page 133 the NHRC report set out where the NHRC
visited the area once again on 11.10.2013 and the
comments of the NHRC is as under:
“The team found that the living conditions in almost
all the relief camps were appalling. The displaced
persons were living in make-shifts tents, having no
protection against the vagaries of nature. On 11th
October, 2013, there was rain in the morning and
when the team visited the camps, it found many
tents were water logged. The inmates of the camps
complained of insufficient supply of rations. Many of
them expressed indignation over the partisan
attitude of the police. The medical facilities at the
camps were inadequate. In some camps, the team
found some staff in white aprons but on enquiry
found them to be quite incompetent. The inmates
complained that only 4 or 5 generic medicines had
been provided in the camps and the same medicines
were being given for all sorts of diseases.
The team found CMO, Muzaffarnagar to be highly
irresponsible and unreliable. During interaction
with NGOs, it was reported that 8 persons had died
in Loi camp but the CMO, Muzaffarnagar denied that
there had been any death in the camp. On visiting
the camp, however, the team found that two new
born babies and 5 other inmates had actually died.
Some students also met the team and expressed
concern that due to displacement from their villages
they may not be able to take the Matriculation and
Intermediate examinations conducted by the UP
Board.”
25. During the submissions of the State of UP, this Hon’ble
Court enquired into the reasons for the riots. Petitioners
version is set out in the fact finding report titled “Evil
Stalks the Land” dated 24.9.13 and begins at page 178
onwards under the heading “Nothing Happens Suddenly”
and “Meticulous Planning”. The State has given no reasons
whatsoever apart from stating that certain individual
incidents sparked the riots. It is important for this court to
determine as to whether Muzaffarnagar riots are an
isolated event or part of conspiracy. The cryptic answer
given by the state of UP that the riots were due to a
local incident is farcical! Local incidents may result in a
local riot. Communal violence does not spread for
hundreds of kilometers across districts and result in a large
number of deaths and serious injuries and destruction of
property unless the underground organizing of communal
groups have previously prepared the ground for the
massacre.
26. The need for an independent investigation is not
merely to apprehend the accused persons. The
reason is wider. It is to uncover the conspiracy of
communal parties and groups and high profile
communally minded individuals who operate behind
the scene creating havoc in state after state thus
destroying the secular fabric of Indian democracy.
This is the main reason why an independent
criminal investigation is necessary to put behind
bars the ring leaders and the main conspirators
instead of merely catching the foot soldiers.
27. For too long communal minded criminals belonging to
certain political parties have spread hatred in the country
moving from state to state fermenting trouble, setting up
arsenals and precipitating riots. The legal system in
India has proved itself to be unequal to the task of
prosecuting and convicting such criminals mainly
because they receive the backing of the party in
power as well as the police. This is true from the 1984
Sikh riots in Delhi, to the 1992 Bombay riots (where Justice
Shreekrishna heading a Commission of Enquiry found the
political parties in power and the Maharashtra police
complicit in the massacre that took place), to the 2002
Gujarat riots (where a Commission of Enquiry is now in its
13th year), to the 2007 Khandamal riots (where two
Commissions of Enquiries are yet to submit their reports),
and finally to the Muzaffarnagar riots. The only way in
which this Hon’ble Court may make a break with
the past to ensure that communal minded
individuals and political parties are instilled with
the fear of god is if an independent criminal
investigation is ordered and an independent social
work institution enquires into the rehabilitation
aspect and makes a report. Only when two
independent reports are made will the
government’s falsehoods be exposed and relief
granted accordingly by this Court. This Hon’ble
Court may therefore create a new trend entirely for
communal riot cases which may be followed by
courts hereinafter to ensure that independent
assessments and prosecutions are done.
28. The group of ministers of the UP government has also
made a report and which has been filed in this Hon’ble
Court and the relevant parts of which are as under:
“The figures given in the above table are
wrong. The victims are staying in the Madarsas at
many places such as Malakpur and Kandhla, Kairana
town under Tahsil Kairana of district Shamli. In
absence of Government relief and when the private
sources also dried up then the season of rains and
cold started, the social workers made arrangements
of houses on rental basis with the help of own
contributions and many of the persons have given
shelter to the victims in their vacant premises. Many
of the victims have gone to Delhi and Punjab state in
search of bread had employment but have not
returned to their villages. The full particulars of
Kairana Tahsil are not included in the report of the
Ministers. In the said report it is stated at page 3
that the moveable properties of total 382 persons
were assessed in their presence. It is also stated in
their report that the property of total 104 persons
was assessed in their presence. This proves that only
382 and 104 victims were found who have assist
their losses in their presence. The question is why
the assessment of properties of the 23427 persons
from Muzaffarnagar and of 1073 persons of Shamli
1656 persons of Badaut who have returned to their
houses, was not carried out in their presence. How
can it be said that the person has returned back to
his house when his losses are not assessed in his
presence. It is accepted in the said report that the
people are not returning to their villages due to fear
and it is also stated that the displaced persons are
apprehending that if they returned to their villages,
the persons against home they have filed cases may
bring pressure on them and settled cases.
29. Counsel for the state of UP has argued that the closure of
the camps and the return of 41,000 persons out of 47,000
persons is a sign of the marvelous work done by the state
administration. He has further argued that since both
communities are unhappy with the investigation being
done that is the best sign of the fact that the investigation
is being done impartially. In respect of the return of
41,000 persons reference may be had to the letter dated
12.9.13 (at Annexure A/2 page 34 of the Compliance
Report by the State of Uttar Pradesh, dated 16.9.13 in Writ
Petition (Crl.) 155 of 2013 with 158 of 2013) of the
Commissioner Sharanpur division wherein he has admitted
that 41,603 persons in Muzaffarnagar and Shamli
alone had “left their houses and taken refuge in
other places due to the communal incidents”.
30. The Commissioner then wrote letter dated 25.10.13
(submitted to this Hon’ble Court by the counsel for the
state of UP) wherein he has stated as under:
“In certain villages of both the districts, the
villages had witnessed such gruesome incidents
in the violence took place on and after
07.09.13, in which , their family members and
their known people were brutally murdered and
their houses were put on fire and caused
pecuniary loss to the movable and immovable
properties. Resultantly the people of these
villages are not ready to return back to their
respective villages in any condition. During the
attempts made by the public representatives
for sending the displaced families to their
villages they have clearly said that they will
reside anywhere but they won’t go to their
villages. These families are also apprehending
that due to the FIRs lodged by them, they
would be under immense pressure for
withdrawal of their cases and the incident can
be repeated. District Magistrate, Muzaffarnagar
vide his letter no. 2732/SA.DAN./J.A dated
25.10.13 and District Magistrate, Shamli vide
his letter no 1625/J.A dated 25.10.13 have
provided the details of such villages. After
collecting the details from both the districts the
same are being produced on Annexure-1.”
31. The submission made across the Bar that most of the
victim families are landless labourers is farcical and
completely contrary to the record and is based on no
pleading at all. On the contrary, in the Commissioner’s
letter abovementioned at Annexure 1 onwards (page 6
onwards) in all the villages the damage to immoveable
property is set out:
Village Immoveable property destroyed
Phugana 51
Kutba 25
Kutbi 11
Mohammadpur
Raising
33
Kakda 15
Mundbhar 9
Lisadh 112
Lank 25
bhawadi 48
32. No explanation is given as to why only 9 villages in
Muzaffarnagar and Shamli districts are covered by the
compensation schemes. Reports 1 to 11 of the state of UP
only deal with these two districts. The latest “Compliance
Report of the State of Uttar Pradesh” dated 20.1.14 in WP
(Crl.) 155 of 2013 records at page 162 onwards that one
person died in Meerut and 2 persons each at Bhagpat and
Sharanpur.
33. No explanation is given as to why Rs. 15 lakhs was paid
by the state of Uttar Pradesh alone to the IBN journalist
who was killed (7th Report page 7) and Rs. 10 lakhs to
others. The answer of the state of UP that they are now
willing to pay Rs. 13 lakhs each and that Rs. 2 lakhs will
come from the central government is not a satisfactory
answer since in the case of the reporter Rs. 15 lakhs was
paid by the state of UP itself and an additional Rs. 2 lakhs
is payable by the central government making a total of Rs.
17 lakhs.
34. To tell such persons that they will get Rs. 5 lakhs to
relocate on their own somewhere else and not return to
their homes (else they would have to repay the Rs. 5
lakhs) is injustice of the most severe kind not
expected from the administration of the largest state in the
country. First of all there is no reason why the actual loss
of moveable and immoveable property not be computed in
the presence of the victim families is not computed and full
compensation granted. Secondly, the state is duty bound
to in addition to the compensation paid for loss of
property, also pay for the rehabilitation of the displaced
families. A sum of Rs. 5 lakhs for rehabilitation of an entire
family is a pittance. Many families are buying small plots
of lands near the relief camps that have been forcibly
closed paying about Rs. 3 lakhs for the plots of lands
leaving very little for food and subsistence, medical
expenses, education of the children and purchase
household articles to replace those that were destroyed. If
rehabilitation is meant to place the family in a better
position than they were before the riots took place then
the more appropriate figure would be Rs. 20 lakhs. This
Court may adopt a modern and trendsetting standard
of compensation, where payment of Rs. 20 lakhs per
displaced family is granted so that the compensation
amounts are compatible with the globalised standards that
India is so proud of and commensurate with sky rocketing
prices in food, medical attention, housing, education and
other requirements. Even the compensation of Rs. 10 lakhs
for a person murdered in a communal riot relates to a
standard of the 1980’s where for a death in custody such
compensation was paid. Why should these pre-
globalisation levels of compensation prevail today? Why
should the state not pay each family where a family
member was killed Rs. 1 crore? If the deaths are
approximately 135 is the compensation burden of Rs. 135
crores onerous at all?
35. Why was compensation not paid for the old persons
and babies and others who died in the relief camps?
Should they also not be compensated in the same way as
the victim families? Why should any distinction be drawn in
respect of the age of the persons who died in camps?
36. All in all the attitude of the state of UP clearly indicates
that the enormity of the crime committed, the concomitant
responsibility of the state apparatus and the humbleness
and contriteness with which the state was expected to
approach the issues of criminal accountability and
rehabilitation is sorely missing even now despite the
widespread condemnation in the Indian media. Only a
stinging indictment by this Hon’ble Court will shake
this government out of its uncaring attitude and lay
a jurisprudential trend for the future.
IN THE SUPREME COURT OF INDIA
Criminal Original Jurisdiction
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
Writ Petition (CRL.) 181 OF 2013
In the matter of:
ANHAD …Petitioner
Versus
State of U.P & Another …Respondents
WRITTEN SUBMISSIONS ON BEHALF OF THE
PETITIONER (ANHAD)
Advocate for the Petitioner M/s Jyoti Mendiratta
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