While acquitting all 16 personnel of the Provincial Armed Constabulary of Uttar Pradesh accused in the Hashimpura massacre case of 1987, the judge expressed deep anguish over the killings and felt that the investigating agency and the prosecution did not handle the case properly.
The U.P. Police investigated the case.
‘Very painful’“It is very painful to observe that several innocent persons have been traumatised and their lives have been taken by the State agency, but the investigating agency as well as the prosecution have failed to bring on record reliable material to establish the identity of the culprits,” Additional Sessions Judge Sanjay Jindal said in his 216-page judgment.
“Not a single circumstance relied upon by the prosecution inspires confidence to establish the guilt of the accused persons,” Mr. Jindal said.
“It has been duly proved and established on record that 4,045 persons belonging to Mohalla Hashimpura were abducted in a yellow-colour PAC truck by the PAC officials. It is also proved that those abducted persons were subsequently shot at and thrown into the waters of the Gang Nahar and the Hindon river. Some of them survived, some expired and some are still missing. But it has not been proved beyond reasonable doubt that the accused persons facing trial are the PAC officials who abducted and killed the people from Mohalla Hashimpura or that the registration number of the truck was URU 1493 belonging to 41st Battalion PAC,” Mr. Jindal said.
“The statements of the witnesses relating to the identity of the truck with registration number URU 1493 and the identity of the accused are non-conclusive and do not inspire confidence,” the judge said.
