SC delivers split verdict on post Babri Masjid riots "killers"

SC delivers split verdict on post Babri Masjid riots "killers" The Supreme Court gave a split verdict on confirming the convictions against five persons in connection with a murder during communal riots after the demolition of Babri Masjid. In view of the differences of opinion between Justices S B Sinha and H S Bedi, the matter has now been placed before the Chief Justice of India for referring the case to larger bench. Though Justice S B Sinha ordered the acquittal of the five convicted persons, Justice H S Bedi while accusing the country's police machinery of being "anti-minority" has confirmed the life imprisonment imposed on the accused Harendra Sarkar and four others. The accused had earlier been convicted by a trial court for allegedly committing the murder of Sahera Khatoon and her two minor daughters Bimala Khatoon (3) and Hazra Khatoon(7) at Changmazi Pathar village in Assam's Daboka district on December 14, 1992, a week after the Babri Masjid demoliton. In an unusually scathing attack on the present state of investigations being conducted by police in communal incidents, Justice Bedi accused the police machinery of adopting an "anti-minority bias." "It is indeed tragic that though reams of paper have been used and dozens of suggestions made as to the methods to prevent or to control communal riots, yet as the cancer continues to metastasize on account of several factors," Justice Bedi observed in his dissenting judgement. Justice Sinha took the view that since the main accused Gopal named in the FIR by the prosecution witness had been acquitted along with some other accused, the conviction of the remaining accused was not sustainable in the present case. He pointed out that the post mortem report was contrary to the prosecution's claim that the autopsy was performed within 12 hours of the killings. "In a case of this nature, where enmity arising out of land dispute is admitted, in absence of any explanation, delay in lodging the FIR should be viewed with suspicion. "First Information Report was lodged after the deliberations. Land dispute between the parties is admitted. Inquest was held even before the recording of the FIR. Ordinarily the same is impermissible," Justice Sinha said. Admitting that police machinery generally act in a partisan manner during communal riots, Justice Sinha however, reasoned that in the present case no such allegation was lodged by the victims against the police. "It is not a case where an unfair trial like Zahir Habibulla Sheik Vs State of Gujarat had taken place which was apparent on the face of the record," the judge observed. Quoting Article 12 of the Universal Declaration of Human Rights which provides for the "Right to a Fair Trial," Justice Sinha observed, "If an accused has a right of fair trial, his case must also be examined keeping in view the ordinary law of the land." Justice Sinha said the independence of judiciary must be upheld. "The superior courts should not do something that would lead to impairment of basic fundamental and human rights of an accused," Justice Sinha observed while acquitting the accused and order the release of Sarkar and his four alleged accomplices Krishna Gore, Kailash Gore, Hari Singh and Rahna.

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