2013 Muzaffarnagar riots: 1,117 acquitted, only 7 convicted

Muzaffarnagar : Eight years since the Muzaffarnagar riots of 2013, 1,117 people accused in 97 cases related to murder, rape, robbery and arson among others connected to the violence have been acquitted over lack of evidence.

Seven people were convicted in a single case related to the murder of two youths, Sachin and Gaurav, in Kawal village in the district. This, together with the stabbing to death of another person, Shahnawaz, on August 27, 2013 by six people had triggered the riots, according to police.

A special investigation team (SIT) was set up by the state government to look into the riots cases. According to officials of the SIT, police had registered 510 cases against 1,480 people and filed chargesheets in 175 cases.

An official of the SIT said that over the years, 97 cases have been decided by a court which has acquitted 1,117 people accused in those due to lack of evidence. The prosecution has not filed an appeal in any of these cases, he said. The seven people convicted in the Kawal village double-murder case were sentenced to life imprisonment.

The SIT could not be file chargesheets in 20 cases under sections 153A and 295A of the IPC since it did not get permission for prosecution from the state government.

SIT officials said 264 accused in the riots cases were facing trial at present. Over 60 people were killed and more than 40,000 displaced during the Muzaffarnagar riots of 2013.

The Uttar Pradesh government has withdrawn 77 cases related to the Muzaffarnagar riots of 2013, including for offences entailing a life sentence, without giving any reasons, the Supreme Court was told on Tuesday.

A bench of Chief Justice N.V. Ramana and Justices D.Y. Chandrachud and Surya Kant is scheduled to hear a plea filed by advocate Ashwini Upadhyay seeking speedy disposal of cases against lawmakers.

Senior advocate Vijay Hansaria, who has been appointed amicus curiae in the matter, in his report filed through advocate Sneha Kalita, said that the state government has said that a total of 510 cases relating to the Muzaffarnagar riots of 2013 were registered in five districts of the Meerut Zone against 6,869 accused.

Hansaria said that these 77 cases relating to Muzaffarnagar riots of 2013 withdrawn under Section 321 of CrPC may be examined by the high court by exercising revisional jurisdiction under Section 401 of the CrPC.

In December last year, NDTV reported, the Uttar Pradesh had released a list of leaders against whom cases were being withdrawn. The list included three BJP MLAs – Sangeet Som, Suresh Rana and Kapil Dev – and right-wing leader Sadhvi Prachi.

Similarly, the amicus curiae pointed out that the Karnataka government has withdrawn 62 cases without assigning any reason, Tamil Nadu has withdrawn four cases, Telangana has withdrawn 14 cases and Kerala has withdrawn 36 cases.

Hansaria submitted that this court in the order dated August 10, 2021 had directed that no prosecution against a sitting or former MP/MLA shall be withdrawn without leave of the high court.

"It is submitted that withdrawal from prosecution under section 321 CrPC is permissible in public interest and cannot be done for political consideration.

Such applications can be made in good faith, in the interest of public policy and justice and not to thwart or stifle the process of law," he said.