The acquittal of 23 people convicted by a lower court in the gruesome Bathani Tola massacre case is a shocking indictment of the country's criminal justice system. The mass murder of a group of 21 Dalits and Muslims, most of them women and children, by the notorious caste militia, the Ranvir Sena, took place in Bihar's Bhojpur district in 1996 in broad daylight. The basic facts about the ghastly crime are not contested. The judgment of the two-member Bench of the Patna High Court is a lengthy condemnation of the manner this ghastly crime was investigated and prosecuted — a process it felt was so full of infirmities that “unfortunately…[those] who actually perpetuated the crime, got away with it.” The judgment is a story of compounded procedural and other follies. These include the uncertainty about exactly when the FIR was registered; the failure to recover a single cartridge from the site despite hundreds of rounds being fired; the fact that not even one firearm used in the massacre was seized; the inexplicable decision not to cross-examine some defence witnesses; and the internal contradictions and conflicting accounts put out by the prosecution witnesses.
Whether the Court was correct in dismissing all the eight private or independent eyewitnesses as unreliable — the conviction by the sessions court was based on the testimony of two of them — is bound to be called into question. Its disbelief that some of these witnesses could have hidden in close proximity to the village and watched the massacre — on the ground that the bloodthirsty mob would have found and liquidated them — is at best a questionable conjecture. What is certain, though, is that justice has been denied and that it will be a travesty if the perpetrators of this massacre are allowed to get away. The Bihar government, which has said it will appeal the judgment, must prepare the strongest possible case. While it is finally up to the courts to decide on guilt and innocence, the tragedy of Bathani Tola exposes the elitist biases of the country's media, which has paid scant attention to this miscarriage of justice. When the combination of a shoddy investigation and hostile witnesses led to all nine accused being acquitted in the high-profile Jessica Lal murder case a few years ago, it was the spirited campaign by the media that resulted in the Delhi High Court taking suo moto notice of the acquittal and reopening the case. It is important that we do not allow our attention to be diverted and justice to be subverted in this case merely because the victims were poor and landless Dalits living in a remote village in the Bihar hinterland.
Keywords: Bathani Tola carnage, Dalits, Ranvir Sena
In India, apparently Poor and lower castes are susceptible to these injustice. People lost hope on politicians and their leaders. Indeed, the hope on courts to deliver justice are waning. It seems that there is no value for life in India. Acquital is atrocious and should be appealed.
The "indictment of the country's criminal justice system" [your words] should not be restricted to injustice against "dalits and Muslims" nor even to the "criminal" justice system. The vast majority of my countrymen do not have money power or political power (the two may be closely linked) and this vast majority is denied justice almost in every matter, and certainly so if they are fighting against powerful persons. The AVERAGE Indian, not just the so-called "weaker sections", cannot even afford to seek justice.
Such egregious acts of inequity has now intertwined with such a
consummate artwork in our judicial system that despite the the literal
disparity, justice and injustice are hard to differentiate from one
another.Despite the notoriety of the culprits,they are easily
acquitted and their crime absolved by the statements of even the most
glib liars...has the Judiciary lost all its control over Executive and
Legislative branches or is it that now it's there just to condone the
acts carried out by the powerful parts of our social system..no matter
how much brutal they are..food for thought !!
If those acquitted are not the perpetrators of the crime then who are?
Isn't it the responsibility of state to punish the guilty?Why not make
those who botched up the investigation,co-accused in the crime?If
elitist section of the society can manipulate the executive and
judiciary then who will protect the weak?
It's very unfortunate that we can not even question the wisdom of judiciary lest we are accused of "contempt of court".None of the organs of democracy and the so called fourth pillar:media has played it's part to uphold the right to justice of these poor souls.
Learned judges again and again in their judgement pointed out that "the investigation was not fair" and it "was directed in a particular direction far from the truth." HC also acknowledged that "truth was deliberately suppressed."
Interestingly, HC did not convict anybody guilty for the crimes mentioned above, although it acknowledged that SC in one of its verdict had made clear that "not only fair trial but fair investigation is also part of constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India" and "the investigating agency cannot be permitted to conduct an investigation in a tainted and biased manner."
This case once again raises a serious question that shouldn't public servants be made accountable for their deeds while discharging their duties and if yes, then in what manner.
This kind of things has been going on since long.In the notorious
Kilavenmani case in Tamilnadu the accused got away lightly.But in
respect of the murder of packirisamy which was the trigger for the
venmani massacre several people were convicted.In the Madras high
court it was ruled that the main accused,a man of wealth and power
wouldn't have gone to the scene of the crime.He could have got it done
using others.Hence the prosecution case was dismissed.In the case of
one vaithi from Madras sentenced to death for killing a few people for
gain he escaped being hanged because of the mental agony he was put to
due the prolonged wait for death which was considered worse than
death.When Kartar Singh cited this seeking relief in the Vidya Jain
murder case his plea was dismissed saying that merely because the
accused was able to drag on the case he should not be let off.May be
the class background of the accused and that of the judges played a
great role in that.This case is another example.
The hindu has rightly called the Patnahigh court judgement, on Bathani tola massacres under Bhojpur district of Biharby upper caste landloard, acquiting all the accused as travesty of justice.Is is not new for PatnaHigh court,puting a question mark over the present judicial system.Patna high court judges always have double yardstick!A recent Patna high court judgement,dismissing a writ petition on instituting CBI probe into irregularities of funds to the tune of over Rs37000 crore, as defined by the CAG.The case has been challenged in the Supreme court.Similar situation prevailed at the time of Laloo Prasad Yadav regime when Patna high court had ordered CBI probe into defalcation of over Rs 1100 crore,called animal husbandry scam.Like Laloo,the CM of Bihar Nitish has started pleading that matter is before PAC of Bihar legislature-than how can be CBI enquiry?NDA rule in Bihar is for the benefit of rich Not only that such situation existed in another cons.body-Bihar Information Commission!
This just one among many such cases. Our law enforcing agencies
entrusted with prosecuting the ones who have done a criminal activity
are very efficient when prosecuting a poor pickpocket but least efficient when the culprit is rich and influential. When even innocent
languishes as under-trials in various jails, a rich murderer escapes for
want of proof. This will never change. We are beyond redemption.
How can people against whom evidence is weak, on account of shoddy investigation or whatever reason, be considered guilty? This is a weak argument put forward by the court. If they are guilty, then that has to be on the basis of evidence. If, as the court says, the evidence is shoddy, or inadequate, then there's no point to making the remark that they are 'guilty but being let off...'
The acquittal of 23 people convicted by a lower court in the gruesome Bathani Tola massacre case is a shocking indication of the failure of the country's criminal justice system. The carnage of a group of 21 Dalits and Muslims, most of them women and children, by the notorious caste militia group took place in Bihar's Bhojpur district in 1996 in broad daylight. This is the case of not only justice delayed but also justice denied.
The media coverage is so that very few come to know about such incideces. You will be shocked to know that there is a strong nexus between the administrative and the judiciary wing of the governance in Bihar. Bihar has the maximum number of cases pending in courts than any other states.
The top ranking administratice and judicial posts are occupied by upper castes and it get reflected time and again. Caste system is a fact and it cannot be denied. The case can be seen as and outcome of casteism and its widespread presence in Bihar.
The writer has made a good point that the media plays a biased role in various scenarios. It is commendable that media's efforts played the important role leading to re-opening of the Jessica Lal murder case. But will it do the same for these 21 poor and innocent people who were murdered brutally ??
All the riots and massacres we see happen with the complicity of the ruling elite,
who turn a blind eye or even actively encourage these atrocities (see Narendra
Modi for instance). Perhaps we need a provision stipulating that the local and state government executives (i.e. Chief Ministers, police superintendent) in charge of the region shall be tried as co-accused for each case of murder and in the event that law enforcement is unable to recover pieces of evidence such as firearms used, these shall further be also charged with destroying evidence and shielding the accused, and naturally, the concerned should be barred from holding any public office for the duration of the trial.
Unless we take such radical, even draconian measures, our politicians will continue to encourage such atrocities and shield the accused.
This cant be just labelled as travesty of Justice. Its similar to the
Gujarat riots in which innocent people had to pay for the
Fundamentalists Arrogance & Atrocities. This would surely lead to
further strengthening of Rebels / Maoists / Opposition hands - you may call a rebel by many titles but they are fighting for Justice.
Mr. Nitish Kumar this is Really A Test for your efforts for Law & Order and Justice to be seen to be Delivered. I feel there should be an appeal against this judgement in HC for a Bench & if rejected it should be taken up at SC. This must be fought for the sake of Justice to be given to all - as enshrined in our Constitution & Dharma.
in this sitution how lower class have their faith in coustitution & the
person not faith in constitution is called naxilite. so we all the
risponsible for naxilisam
Its again a classic case where lengthy trial periods constantly ridicule
the justice delivery mechanism in India. Good that the Bihar government
has already decided to challenge the said judgement in the Supreme
Court.
Media has always been like this, they only publish what catches the eyes. In case of Jessica Lal, there was glamor, night life, club etc. involved, so city elites could relate the events to themselves and thus media publicized it. Not condoning the media behavior on particular case, its imperative to give equal emphasis on issues and injustice being done to lower strata of society, because they are the one who cannot afford a good lawyer, they need media and civil society activist to make their voice heard.
Hardly few months back,the country witnessed similar judgement in the Gulbarg Society Massacre when SIT gave clean chit to state government.So, the miscarriage of justice in Bathani Tola Massacre is just another record in a gruesome list.The need is to freshen our memories which has been totally eclipsed by our own escapist tendencies.Moreover,the already worsened credibility of lower judiciary has touched a new low with this judgement.
I am a firm believer that media, barring few, in this country is doing more harm than good to the society .They give least attention to the issues such as this.Its high time they should pay heed to the grief of these people and help them seek justice.
Even the Media has been selective in publishing these kind of news. They only publish or discuss about the news which would create Sensation. I always go through the Daily news in most of the news channels. I hardly remember any news channel or newspaper publishing this news in the past few months. Why the Media is having sub standards while bringing these kind of news.
The lament for justice to the victims of Bathani Tola massacre would soon subside and go into oblivion a la any other case of denial of justice to the deprived and the marginalised in the country.The real defect for these anomalies lie deep in the systemic inadequacy. The basic tenet of ideal democracy is in the absence of privilege.But it is privilege that runs our current democratic government.Knowing this fundamental flaw,former Prime Minister Nehru tried to inject socialist ideal into our democracy.Socialism,the child of democrcy but against it,should have supplanted it.Nehru's efforts could not fructify, for we totally forgot him and his ideals.This is in fact the reason for the socio-economic maladies we now find ourselves in. My averments,of course, are aside but has a direct nexus to the deplorable state of the poor and the ill-treated.However,what passes our comprehension is the renowned judiciary's failure to maintain issuance of sustained verdicts towards achieving equity.
the shoddy investigation by the State police and judicial apparatus showing elitist tendency and complete disregard of the basic human right to LIFE of the marginalised sections of our society is truly appalling and tragic,particularly for a lower middle class person like me whose home state is Bihar.
I am pained to learn that how this can happen when we claim on one hand to be progressing into an emerging soft power and on the other our socity is oblivious to such GROSS MISCARRIAGE OF JUSTICE AS HAS HAPPENED IN THE BATHANI TOLA MASSACRE.
Let us human beings support the cause for justice for those of our fellow human beings who do not have a voice in our society or whose voice is not heard in the din of elitist domination
well..it true that justice cannot be denied to any one . Our system of law should be well equipped to see that irrespective of their caste and creed everybody should ger unbiased judgement.
It has become fashion for arm chair critics to say that they have confidence in the judiciary whenever judgements are given as per their expectations. This should change. A common man cannot sit in judgement in criminal cases.
You have properly brought the deficiency in the judgement in its proper perspective. The fact of the matter is they are poor landless labour and tribals to boot. They have no political godfather and they are isolated. Had it been some other minority community, there would have been a hue and cry-the minority card would have been played to the hilt for fear of losing the votebank. Justice,sometimes,is blind but eventually truth will prevail.
The Bathani Tola massacre case is the perfect example of lack of justice to the poor in Indian society.It reveals the wicked nature nature of Indian caste system, but lets us remember that there is a better judge above all this drama, he will not leave the culprits! I remember the Pramod mahajan case! what happened to him may happen to these murderes!
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