A Tale of Murder of Justice amid Double Murder And Gang Rape: Innocent Youth Perishing in Jail; at the Altar Of Political Conspiracy Or Scapegoat.

A TALE OF MURDER OF JUSTICE AMID DOUBLE MURDER AND GANG RAPE: INNOCENT YOUTH PERISHING IN JAIL; AT THE ALTAR OF POLITICAL CONSPIRACY OR SCAPEGOAT.

 While we all are left bewildered at the twist in the investigation into the murder of a seven-year-old boy at a school in Gurugram, Haryana, another expose of the dark side of shoddy investigation actuated by extraneous considerations is waiting to happen anytime. The another shocking case of  double murder and gang rape in Dingerheri village in Haryana’s Mewat district, is waiting to  expose how unreliable the police can be when it comes to investigating grave crimes amidst a public outcry and close media scrutiny. On the early hours of 25.08.2016 a couple were murdered and their two relatives, a woman and a minor girl, were gang-raped by a gang of four-five unidentified men during a robbery at Dingerheri village in neighbouring Mewat district in Haryana. The police had arrested the four accused soon after the crime, who happens to be my clients.

Now, the authentic sources reveal that the CBI took four another accused into custody who have confessed to their involvement in Dingarheri gang rape and murder and reportedly even DNA Drofile of semen stains on the salwar/undergarments of the victims girls have matched with the DNA Profile of the accused persons arrested now. And, the CBI after interrogating the accused for 7 days have sent them to judicial custody in the Central Jail Ambala. During CBI Investigation the accused took the Gurgaon police team to the scene of crime and identified the house and the spot where they had committed the rapes and murders. If a person is not involved in the crime, it is impossible from him to give details in such a manner. The present case would shock the conscience of civilised society to see how the innocent citizens are made scapegoat and forced to languish in Jail amidst a public outcry and close media scrutiny; under political compulsions. And, in this way, not only the ‘Right to Life’ but all Fundamental Rights of the innocent citizens envisaged are butchered.

         HOW THE HORRIFIC TALE OF FALSE IMPLICATION IS UNFOLDED:-

Ø  As per FIR, on 25.08.2016 around 1200 at night the gruesome double murder and gang rape was committed by 4-5 persons.

Ø  Soon after the incident the aforesaid incident took the shape of communal colour, the reason of tension between Hindus and Muslims and the District Nuh of Haryana appeared on National issue and the central stage of political wrestling among all political parties. All senior leaders of all political parties including of Congress Party, Communist Party, INLD etc. made inflammatory speeches. A political supported NGO made a case that the murder and rape happened for eating beaf by victim muslim family, whereas there is no such mention in the FIR. Such a scene was created that if, anyhow, the accused are not arrested either the present Govt. will lose credibility or there will be communal riots.

Ø  As per the challan filed by Haryana Police, my clients/accused were issued notice to come present in the office of S.P., Nuh and accordingly the Petitioners readily went where they were arrested by Police. Curiously, this is not the case that the Police was chasing the Petitioners for arrest. The accused at their own had offered themselves for all scientific tests and scientific investigation including DNA Test and lie detection test by making formal request in this regard. Had they been involved in the alleged offences they had not offered themselves for such tests; for which consent of accused is required.

·         The Forensic Science Laboratory report dated 18.11.2016 concludes that: ‘the DNA Drofile of semen stains on the salwar/under garments of the complainant/s and a mattress collected during investigation does not match with the DNA Profile of the accused persons and conclusively proves that they are not of same biological origin’

·         The Senior Scientific Officer (Lie Detection) in report concluded that: ‘Analysis and evaluation of polygrams do not reveal deceptive responses...According to test and analysis of polygrams the responses appeared to be truthful at all issues..’

·         Finger prints of accused were not found on the scene of crime.

·         No weapon used in the offence or any looted article was recovered from the accused.

·         After the arrest of the Gram Panchayat of Mohmadpur Ahir had written the concerned to the authorities including Chief Minister, Haryana, that:

“The FIR was registered against the unknown persons and the arrested accused persons had been residing in the neighbourhood of victim since long time and were known to the victim family.

The letter further reads that:- 'It had come to the knowledge of the panchayats of the surrounding villages that an NGO namely ANHAD is being run by a lady shabnam hashmi; who had earlier worked in National Advisory Council of Smt. Sonia Gandhi. The victim girls stayed with this NGO and a conspiracy was hatched to falsly impicate the innocent boys of village for discrediting the present Govt., by using the victim girls as a weapon/mohara….' 'The victim family has got money from the Govt. and other persons and now the victim family is not supporting the innocent boys due to the fear that if they support they will loose money and community will be against them”

Ø  The Additional Chief Secretary to Govt. Haryana, Home Department, letter no. 20/8/2016-3HGI, Dated: 20.09.2016 mentioned that the Superintendent of Police, Nuh had requested the handing over of the present case to the CBI. The letter further suggests that the victims of the crime as well as local police at large had demanded fair investigation, as the victims of the crime vide letter dated 09.09.2016 had presented a representation before the Superintendent of Police, Nuh stating therein that they were not satisfied with the investigation douncted by SIT of Nuh and therefore had requested investigation by CBI. Therefore, the Haryana Govt. Handed-over the investigation of the present case to the CBI.

Ø  Through a notification dated 04.10.2016 the Governor of Haryana accorded consent to hand-over the present case to the CBI.

Ø  Shockingly, despite fully knowing that the Haryana Govt. Had handed over the investigation to the CBI on the request of the local police, the Haryana Police on 21.11.2016 while ignoring the clear scientific evidences in the favour of accused filed half-baked charge-sheet against the accused persons, which does not contain even the prosecutable evidence against the present accused persons. It appears that under the socio-political pressure in communally charged atmosphere; with a view to appease and calm-down the nerves of the particular religion; the local police with a view to deny the benefit of the Bail to the accused persons filed the half-baked charge-sheet on 21.11.2016.

The aforesaid facts were clearly mentioned by me in my Bail Applications before the CBI Court, Panchkula and High Court. It appears that the entire system either became victim of popular perception or victim of ‘serious offences’ Nobody paid heed to the plight of the four innocent youth. Given the media glare that accompanies such tragedies, the police and courts must learn not to succumb to the temptation to jump of conclusions under the popular and biased perception

Presently, the innocent youth are waiting for release and on the request of CBI the Court has extended the custody of accused till 20^th November, 2017. Likewise my clients I am perplexed whether I should again file Bail Application or wait for clean cheat by CBI? The crying question is: Will this system return the youthful days to the innocent; who are languishing in jail without even a trace of their fault? Will this system wash the stigma of murderers put on the head of the innocent?