Police are protecting the murderers of Pehlu Khan: Fact-finding committee report
A fact-finding committee comprising Indira Jaisingh - Former Additional Solicitor General, Supreme Court Lawyers - Prashant Bhushan and Colin Gonsalves, Human Rights Defender Teesta Setalved and many others conducted an independent probe into the apathy of the police in investigating the murder of Pehlu Khan, who was lynched in Rajashthan's Alwar last April. The report was released on October 26th in the Press Club on India in the national capital in the presence of the committee members, and Pehlu Khan's family.
To give a background, Pehlu khan was lynched on suspicion of smuggling cows by cow vigilantes or 'gau rakshaks' on April 1, 2017, and those named by him as accused in the case in his dying declaration were given a clean chit by Rajasthan CIB-CD on grounds of statement provided by one of the gau rakshaks - linked to the incident and also on the locations of their mobile phone network. The lackadaisical approach of the police was evident as pointed out by the independent probe:
- Delaying registration of FIR without any explanation
- Not invoking appropriate IPC sections for conspiracy, attempt to murder, destruction of evidence, and dacoity, etc.
- Invoking IPC sections for lesser crimes, such as wrongful restraint and causing hurt, with smaller punishments
- Exonerating named accused on dubious testimonies
- Failure to arrest any attackers from the crime scene
- Failure to defend arrests leading to the accused getting bail
Cover-up in the FIR
The independent probe also revealed the glaring loopholes in the investigation starting with the filing of the FIR. According to the FIR the attack took place between 7 pm and 10 pm on April 1, however police registered the FIR at 4 am on the next day after a delay of nine-and-a-half hours, in spite of the crime scene being just a mere 2 km away from the police station. The FIR also claimed that the police was informed of the attack at 3:54 am. The FIR does not explain the reason for the delay of almost 10 hours.
The second glaring contradiction in the FIR regarding when the information was received - In a detailed statement of Pehlu Khan to the police, recorded in the FIR, it was claimed by Pehlu that the police took the victims to the hospital from the scene of crime. Also, the jurisdiction in which the crime occurred, records that Pehlu khan gave his statement to the police at 11:50 pm on April 1 at Kailash Hopital - run by Union Minister Mahesh Sharma, in which he had been admitted after the attack. The hospital is just 2.9 km away from the police station, why did it take four hours for the police to reach?
Medical Manipulation - Contradictions in medical report
The
probe
finds
that
"the
final
report
and
the
charge-sheet
also
betray
an
effort
to
weaken
the
case
against
the
accused
by
challenging
the
finding
of
the
most
of
the
post-mortem
report,
in
a
bid
to
prove
that
Pehlu
Khan
did
not
die
to
injuries
from
the
attack
but
of
natural
consequences.
It
is
important
to
note
that
Khan's
post-mortem
report,
conducted
by
a
'medical
board'
of
three
government
doctors
from
the
Community
Healh
Care
Centre
(CHC),
Behror,
revealed
that
Pehlu
Khan's
death
was
indeed
caused
by
the
injuries
that
he
had
sustained
during
the
attack
on
him.
Dr.
VD
Sharma,
who
was
in
charge
of
Pehlu
Khan
even
said
that
Khan
was
absolutely
fine
on
April
2,
and
suffered
a
cardiac
arrest
which
led
to
his
death
on
April
3,
completely
negating
the
injuries
sustained
by
him
during
the
attack,
which
was
also
a
reason
stated
in
the
post-mortem
report
for
his
death
Similar pattern in other cases of lynching
The probe also established a similar pattern of investigation and an effort to subvert justice in other cases of lynching. Case in point - when Muhammad Akhlaq was lynched in September 2015 in Dadri, Union Minister Mahesh Sharma - owner of Kailash Health Care Limited, called the incident an 'accident' and denied any 'conspiracy'. In an interview to The Indian Express he even said that Aklaq had eaten beef, which is why his death was provoked.
Sharma had also sparked controversy when he attended the funeral of one of the accused in the Aklaq lynching case.
- Probe demands for justice
- Arrest the six men named by Pehlu Khan in his dying dealaration
- Add IPC sections outlined in this report to the charge-sheet
- Register FIR afresh to include names of accused, detailed of looted cattle
- Investigate VHP and Bajrang Dal for involvment in Pehlu Khan's murder
- Investigate connection between Pehlu Lhan's and other gau rakshak killings
- Appeal against bails of the varios accused
- Act against policemen who failed to make arrests at the crime scene
- Conduct a much broader and more exhaustive investogation
The probe report has also been endorsed by various international organisations such as Alliance for Justice and Accountability, New York, Dalit American coalition, New York, Indian American Muslim Council, Washington D.C, South Asia Solidarity Group, London and South Asian Solidarity Initiative, New York.
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