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REPORTABLE IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRIMINAL) NO. 155 OF 2013

Mohd. Haroon & Ors.               .... Petitioner (s)

Versus

Union of India & Anr.   .... Respondent(s)

WITH  

WRIT PETITION (CRL.) NOS. 158, 165, 170,  171, 179, 181 196, 206 OF 2013,

WRIT PETITION (CRL.) NO. 11 OF 2014 CONTEMPT PETITION (CRL.) NO.………….OF 2014  

(D1372) IN  WRIT PETITION (CRL.) NO. 155 OF 2013

TRANSFERRED CASE (CIVIL) NOS. 123, 124 AND 125  OF 2013,  

TRANSFER PETITION (CIVIL) NOS. 1750, 1825, 1826,  1827, 1828, 1829, 1830 OF 2013  

AND SPECIAL LEAVE PETITION (CIVIL) NO. 35402 OF 2013

J U D G M E N T

P.Sathasivam, CJI.

1) These writ petitions and other connected matters relate  

to the riots that broke out on the fateful day of 07.09.2013.  

The riots erupted in and around District Muzaffarnagar, Uttar  

Pradesh as a result  of communal tension prevailing in the  

city, which wrecked lives of a large number of people who  

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fled from their homes out of anxiety and fear.

2) It is asserted in these petitions that the communal riot  

erupted  in  Muzaffarnagar,  Shamli  and  its  adjoining  rural  

areas after a Mahapanchayat which was organized by the Jat  

community  at  Nagla  Mandaur,  20  kms  away  from  

Muzaffarnagar  city  on  07.09.2013.   In  the  said  

Mahapanchayat, over 1.5 lakh persons from Uttar Pradesh,  

Haryana and Delhi participated to oppose the incident which  

was occurred on 27.08.2013 in Kawal village under Jansath  

Tehsil of Muzaffarnagar because of which violence broke out  

between two communities and three youths were killed from  

both  sides  in  the  wake  of  a  trivial  incident  which  had  

occurred  earlier  and  the  whole  incident  was  given  a  

communal colour to incite passion.

3) It  is the claim of the petitioners herein that  the local  

administration  instead  of  enforcing  the  law  allowed  the  

congregation not only to take place, negligently and perhaps  

with certain amount of complicity, but also failed to monitor  

its  proceedings.  It  is  asserted  in  the  petitions  that  since  

27.08.2013 more than 200 Muslims have been brutally killed  

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and around 500 are still missing in the spurt of the incident in  

50 villages of the Jat community dominated areas where the  

Muslim  community  is  in  minority.  It  is  the  stand  of  the  

petitioners  that  in  the  remote  villages  more  than  40,000  

persons have migrated under threat and have been forcibly  

asked to move out of the village otherwise they would be  

killed.  It  is  further  alleged  that  many  thousand  persons  

including infants,  children,  women and elderly  are without  

food  and  shelter  in  various  villages,  and  no  facilities  are  

being  made  available  by  the  administration.  Besides  this,  

huge illegal and unauthorized arms and ammunitions have  

been  recovered  in  and  around  Muzaffarnagar.   It  is  also  

pointed out that the displaced persons of all communities are  

compelled  to  live  in  shelter  camps  where  adequate  

arrangements are becoming the problem of survival.

4) Consequently, several writ petitions, under Article 32 of  

the Constitution, were filed by various individuals/Supreme  

Court  Bar  Association/NGOs  seeking  for  an  inclusive  

protection for  each  victim whose fundamental  rights  have  

been  infringed  in  the  said  riot  by  praying  for  numerous  

rehabilitative,  protective  and  preventive  measures  to  be  

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adhered to by both the State and the Central Government.  

5) There are various contra-allegations about the actual  

occurrence and reasons attributed to the cause by different  

community  people.   It  is  relevant  to  point  out  that  an  

association representing Jat community has also approached  

this Court highlighting their stand.  It is stated that on the  

pressure  of  the  other  group,  innocent  persons  are  being  

picked  up  and  are  being  incorporated  in  the  FIR  without  

conducting any inquiry and they are being arrested for none  

of their faults.  Thus, it is the stand of the petitioners in this  

petition that the State has failed in its duty to ensure the  

security in the area.

6) It  is  also  pointed  out  that  the  State  Government  

transferred  the  Jat  community  officers  alone  from  the  

districts of Muzaffarnagar and Shamli to other parts of the  

State.   It  is  their  claim  that  in  order  to  remove  the  

apprehension from the minds of the Jat community people, it  

is desirable either to entrust the investigation to the CBI or to  

constitute SIT comprising persons from outside the State of  

Uttar  Pradesh.   They  also  predominantly  prayed  for  

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registration  of  FIRs  against  all  culprits  including  powerful  

persons.

7) Similar  petitions  were  also  filed  in  the  High  Court  of  

Allahabad.  In view of the similarity of the issues involved in  

these petitions, viz., reasons for such violence, rehabilitation  

measures, compensation for the loss of lives and properties,  

action against offenders/culprits, all the matters pertaining to  

the said incidents filed in the High Court of Allahabad were  

directed  to  be  transferred  to  this  Court  by  order  dated  

19.09.2013.

Writ Petition pertaining to Rape Cases

8) Serious allegations have been made against the State  

Police for not providing adequate security to women which  

resulted in several  rapes being committed during the said  

communal violence. The petition also highlights the inaction  

on the part of State Police against the real culprits and the  

indifferent  attitude  towards  the  victim’s  rehabilitation  and  

security.   

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9) Rape victims (Seven) filed Writ Petition (Criminal)  No.  

11 of 2014 for protection of their right to life under Article 21.  

All  the  petitioners  belong to  the  minority  community  who  

were  brutally  gang  raped  and  sexually  assaulted  by  men  

belonging to  the  other  communities  during  the  communal  

violence in Muzzafarnagar and adjacent districts.  It  is the  

assertion of the petitioners in this petition that their homes  

were destroyed and they were rendered homeless with no  

roof  over  their  heads,  they  lost  their  earnings  and  it  has  

become difficult for them to take care of their children and  

themselves.   

10) It is further pleaded that due to the stigma attached to  

the victims of sexual violence, the agony of gang rape and  

looming fear of future assault, the petitioners were unable to  

promptly report the crime of gang rape committed against  

them.  It is the stand of the petitioners that they had been  

displaced  from their  villages,  namely,  village  Fugana  and  

village Lakh, hence, they could not go to the police station to  

lodge the complaint of gang rape.  It was further submitted  

that  in  these circumstances,  the delay on the part  of the  

petitioners in lodging FIR is reasonable and does not, in any  

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way, impact on the veracity of their complaints of gang rape.

11) It  is  further  stated  by  the  petitioners  that  after  

registration of FIR under Section 154 of the Code of Criminal  

Procedure,  1973,  (in  short  ‘the  Code’)  and  recording  of  

statements under Section 161, the law prescribes that under  

Section 164(5A) of the Code, for all sexual offences including  

crime of rape,  the  police shall  have the  statement  of  the  

woman  against  whom  the  offence  has  been  committed  

recorded  before  a  Judicial  Magistrate  as  soon  as  the  

commission of offence is brought to the notice of the police.  

It is stated that even though Petitioner Nos. 1, 3, 4, 5 and 6  

had lodged the FIRs in September, 2013 and Petitioner No. 2  

had  lodged  the  FIR  in  early  October,  2013,  the  police  

deliberately  and  with  mala  fide intention  dragged  the  

investigation.  Their statements under Section 164(5A) of the  

Code were recorded as late as in December, 2013 after the  

delay of almost three months.  

12) It  is  also  highlighted  that  Section  164A  of  the  Code  

provides  for  medical  examination  of  the  rape  victim  and  

casts a statutory duty upon the police to send the woman  

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making  the  complaint  of  rape  to  a  registered  medical  

practitioner  within  twenty  four  hours  from  the  time  of  

receiving information regarding the commission of such an  

offence.   In  the  case  of  the  petitioners,  in  direct  

contravention  of  this  legal  provision,  the  police  knowingly  

delayed their medical examination.  The petitioners are all  

married  women  having  children,  hence,  their  medical  

examination almost 20-40 days after the incidents of gang  

rape is unlikely to provide any perpetrated evidence.  It is  

further pointed out that the petitioners were gang raped on  

08.09.2013 whereas the medical examination was conducted  

between 29.09.2013-18.10.2013.   

13) In  the  case  of  Petitioner  No.7,  in  spite  of  specific  

information,  there  is  no  reason  as  to  why  FIR  was  not  

registered.  It was only during the hearing before this Court,  

on 13.02.2014, when the counsel for Petitioner No.7 handed  

over the copy of the complaint to the counsel for the State,  

an FIR was registered on 18.02.2014  

14) Further, it is the grievance of the petitioners that FIRs of  

all the petitioners were registered under Section 376D of the  

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Indian  Penal  Code,  1860  (in  short  ‘the  IPC’)  a  specific  

provision relating to gang rape.  Though Section 376(2)(g) of  

the IPC is squarely applicable to the crimes of gang rape that  

have  been  committed  against  the  petitioners  during  the  

communal  violence  in  September,  2013,  the  police  has  

specifically omitted to include Section 376(2)(g) of the IPC in  

order to dilute the case of the petitioners and to exclude the  

legal presumption that the law raises through Section 114A  

of the Indian Evidence Act, 1872 in favour of the petitioners.  

Therefore,  the  petitioners  submitted  that  biased  and  

motivated investigation by the police is clear and manifest  

and done with the sole purpose of shielding the accused.

15) It  is further submitted that though Petitioner Nos. 1-6  

named total 22 men as accused in six FIRs, only in February  

2014, one accused, namely, Vedpal, who was named in FIR  

No. 120 of 2013 was arrested.  Even after lapse of four and a  

half months, 21 named as accused by the petitioners of the  

heinous crime of gang rape during communal violence roam  

free.   Neither  those  persons  were  arrested  nor  any  

proceedings  have  been  initiated  under  Section  83  of  the  

Code.   The  petitioners  claimed  in  the  petition  that  the  

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accused  are  roaming  free  and  enjoying  the  support  of  

dominant community, Khap Panchayat, political parties and  

besides because of their closeness, they are also intimidating  

the  victims.   Thus,  it  is  the  stand  of  the  petitioners  that  

unless  the  police  give  protection  to  the  victims  and  

witnesses, it would be impossible for them to depose against  

the persons involved in the gang rape.         

16) The  petitioners  have  also  disputed  the  claim  of  the  

State in disbursing compensation.  It was asserted that they  

were  not  paid  compensation  much  less  the  adequate  

compensation.  Further,  a  prayer  was made for  transfer  of  

cases of gang rape outside the State of U.P. in the larger  

interest  of  the  society  and  in  order  to  ensure  fair  

investigation, prosecution and trial of the cases relating to  

Petitioner Nos. 1 to 7. Finally, they asserted in the petition  

that if the investigation is not transferred to SIT comprising  

the officers of integrity from the States other than U.P., there  

cannot be justice for sexual violence suffered by them due to  

inaction on the part of the State of U.P.  

Details Regarding Petitions:

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17) On the whole, the following writ  petitions/intervention  

applications/special leave petition pertaining to the aforesaid  

incidents, have been filed in this Court:

(a) Writ Petition (Crl.) Nos. 155, 158, 165, 170, 171, 179,  

181 196, 206 of 2013 and Writ Petition (Crl.) No. 11 of 2014

(b) Crl.  M.P.  Nos.  19442,  20245,  20247,  26156,  24202,  

26705, of 2013 in Writ Petition (Crl.) No. 155 of 2013 and Crl.  

M.P. Nos. 1516-1518 of 2014 in Writ Petition (Crl.) No. 155 of  

2013, Crl. M.P. No. 19878 of 2013 in Writ Petition (Crl.) No.  

165  of  2013,  Crl.  M.P.  Nos.19971,  20460  of  2013  in  Writ  

Petition (Crl.) No. 158 of 2013, Crl. M.P. Nos. 1523 of 2014,  

2965-2966 of 2014 in Writ Petition (Crl.) No. 170 of 2013, Crl.  

M.P. No. 23077 of 2013 in Writ Petition (Crl.) No. 171 of 2013,  

Crl. M.P. Nos. 24192 of 2013 in Writ Petition (Crl.) No.179 of  

2013, Crl. M.P. No. 1124 of 2014 in Writ Petition (Crl.) No. 179  

of 2013, Crl. M.P. No. 1895 of 2014 in Writ Petition (Crl.) No.  

11 of 2014 and Crl. M.P. No..…….of 2014 in Writ Petition (Crl.)  

No. 155 of 2013

(c) Contempt  Petition  (Crl.)  No………..of  2014  (D1372)  in  

Writ Petition (Crl.) No. 155 of 2013

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(d) Special Leave Petition (Civil) No. 35402 of 2013

18) Apart from the above matters, we were also called upon  

to  deal  with  the  following  cases  from  the  High  Court  of  

Allahabad:

(a) Transferred Case (Civil) Nos. 123, 124 and 125 of 2013

(b) Transfer  Petition (Civil)  Nos. 1750,  1825,  1826,  1827,  

1828, 1829, 1830 of 2013

Reliefs and Directions:

19) The reliefs and directions sought for in these matters  

are broadly classified as follows:

(a) Firstly,  to  direct  the  Union  of  India/Ministry  of  Home  

Affairs and State Government to provide adequate security  

forces to take all necessary measures to stop the genocide  

and to prevent further communal violence.

(b) Secondly, to order a CBI Inquiry into the whole incident.

(c) Thirdly,  to constitute Special  Investigation Team (SIT)  

headed by impartial  experts  of criminal  investigation from  

the  States  other  than  Uttar  Pradesh  to  investigate  the  

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incidents having taken place from 27.08.2013 to 08.09.2013  

in Muzaffarnagar and adjoining districts.

(d) Fourthly, to ensure proper and adequate rehabilitation  

of the victims whose houses have been burnt, properties got  

damaged  and  to  provide  immediate  temporary  

shelters/transit camps, food and clothing.

(e) Fifthly, to issue direction to lodge FIR against all persons  

including  the  government  officials  who are responsible  for  

failure to maintain the law and order within time.

(f) Sixthly,  to  direct  to  pay  ex-gratia relief  of  Rs.  

25,00,000/-  each  to  the  kin  of  the  deceased  and  Rs.  

5,00,000/-  each  to  the  injured  from  the  Prime  Minister’s  

Relief Fund as well as from the corpus of the State of Uttar  

Pradesh.  

(g) Seventhly, to direct the State Government to take stern  

action against  the  persons responsible  for  rape and other  

heinous  offences  and  also  to  provide  rehabilitation  of  the  

victims and

(h) Lastly,  to  appoint  an  independent  Commission  apart  

from  the  one  constituted  by  the  State  Government  for  

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impartial inquiry into the incidents and submit a report for  

prevention  of  such  incidents  in  future  and  rehabilitation  

measures for victims.

20) The  prayers  sought  for  by  the  petitioners  in  the  

aforesaid petitions are all  in  one way or other  seeking for  

enforcement  of  fundamental  rights  guaranteed  under  the  

Constitution  and  it  is  the  Constitutional  obligation  of  this  

Court  to  intervene and admonish such violation of human  

rights  and issue appropriate orders for  rehabilitation while  

simultaneously  issuing  directions  to  ensure  that  no  

recurrence  of  this  nature  is  witnessed  by  this  country  in  

times to come.  

Interim monitoring orders issued by this Court:  

21) On  12.09.2013,  this  Court,  on  going  through  various  

allegations levelled in the petitions, took on board the Writ  

Petition (Crl.) No. 155 of 2013 and the connected matters for  

examining the issues. Even at the preliminary hearing, Mr.  

Ravi P. Mehrotra, then standing counsel, accepted notice on  

behalf of the State of U.P. and its officers.  After hearing the  

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arguments  of  Mr.  Gopal  Subramanium  and  Mr.  M.N.  

Krishnamani,  learned  senior  counsel  for  the  petitioners  as  

well as Dr. Rajeev Dhawan, then learned senior counsel for  

the State of U.P., this Court issued the following directions:

“On going through various allegations levelled in the writ  petitions,  we  are  inclined  to  examine  the  matter.   At  present, we direct the State of U.P. in association with the  Central  Government  to  take  immediate  steps  and  take  charge of all persons, who are stranded without food and  water  and  set  up  relief  camps  providing  all  required  assistance.  It is also directed to ensure that all stranded  are  taken  to  places  of  safety  and  are  given  minimum  amenities  of  food  and  water  and  to  make  adequate  arrangements  for  their  stay,  till  rehabilitation  and  restoration  takes  place  in  their  respective  places.   It  is  further directed to provide necessary medical treatment to  all wounded and needy persons and also while lifting them  to  hospitals,  either  at  Meerut  or  Roorkee,  if  required  hospitals at Delhi or any other suitable places.

The State of U.P., as well as the Central Government,  is directed to file the compliance reports  by their  senior  officers on the next date of hearing.

Learned counsel for the parties are permitted to file  additional documents.

List on Monday (16.09.2013) at 2.00 p.m.”

22) Again,  when  this  batch  of  cases  was  listed  on  

19.09.2013, after hearing counsel for the petitioners as well  

as the respondent-State, this Court, in the interest of justice  

and in view of the fact that this Court is monitoring the entire  

incident,  directed that all  cases pending on the file of the  

High  Court  at  Allahabad  be  transferred  to  this  Court  and  

further made it clear that if there is any grievance pertaining  

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to the aforesaid incident, they are free to approach this Court  

for necessary relief/directions. Further, this Court issued the  

following directions:

“…Though,  Mr.  Gopal  Subramanium,  learned  senior  counsel appearing on behalf of the petitioners in W.P.(Crl.)  No. 155 of 2013 after  taking us through the compliance  report/affidavits  filed  by  Respondent  Nos.  1  and  2  submitted that  the steps taken by the said respondents  are inadequate, however, it cannot be claimed that they  have  not  taken  effective  steps.   However,  on  going  through the details mentioned in the respective affidavits  as well as the reply filed by the petitioners, we direct both  the respondents viz.,  Union of India and State of U.P. to  provide the required assistance/facilities as directed in our  order dated 12.09.2013.

During  the  course  of  hearing,  learned  Attorney  General  apart  from  reiterating  the  stand  taken  in  their  affidavit assured this Court that the Government of India is  fully committed to provide all required financial assistance  as  well  as  security  measures  for  the  immediate  and  permanent relief to the stranded and affected persons.

Dr.  Rajeev  Dhawan,  learned  senior  counsel  appearing for the State of U.P., after taking us through the  various steps taken by them also assured this Court that  apart from the steps taken by the State, they are taking  further  steps  for  providing  food,  water,  shelter  and  medicines to all those affected persons.  He also assured  us that the State Government is taking effective steps for  peaceful  resettlement  of  those  stranded  persons.   The  above  statement  of  both  the  respondents  are  hereby  recorded.

In  order  to  ascertain  the  further  development  and  the steps taken by both the respondents, we adjourn the  matter  till  next  Thursday,  i.e.,  26th September,  2013.  Respondent Nos. 1 & 2 are directed to file further report  on that day.

The petitioners as well as others who are aware of  more details about the sufferings of the people concerned  are permitted to hand over all the details to the standing  counsel for the State of U.P.”

23) On 20.09.2013, at the request of learned senior counsel  

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for the State of U.P., this Court, in continuation of order dated  

19.09.2013 passed in the W.P. (Crl.) No. 155 of 2013 etc.,  

directed  to  transfer  W.P.No.  8289(MB)  of  2013  (PIL)  and  

W.P.No.  8643(MB)  of  2013  (PIL)  pending  on  the  file  of  

Lucknow Bench to this Court.  When these matters came on  

26.09.2013, after  hearing all  the parties, this Court issued  

notice  on  the  transferred  cases  as  well  as  the  criminal  

miscellaneous  petitions  for  intervention  and  direction  

(Crl.M.P. Nos. 20245 of 2013, 20247 of 2013 and 20460 of  

2013) and in Writ Petition (Crl.) Nos. 165 of 2013 and 171 of  

2013.  This  Court  further  directed  the  respondents  to  file  

separate response on the steps taken for the welfare of the  

victims and  for  their  safe  return  to  their  homes  and  also  

directed  to  furnish  the  details  regarding  criminal  cases  

registered against the persons involved in the incident.

24) On 17.10.2013, after  hearing all  the parties including  

the State, this Court passed the following directions:

“Pursuant to our earlier direction, the State of U.P.  has filed fourth,  fifth and sixth reports in the form of an  affidavit highlighting the steps taken by it.  In addition to  the same, the State has also filed a chart containing the  existing camps and persons residing there.

On  behalf  of  the  Union  of  India,  learned  Attorney  General  has  submitted  a  report  containing  various  

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communications  from  the  Central  and  the  State  Government in the form of an affidavit in Court.  The same  is taken on record.

W.P.(Crl.) No. 181 of 2013 is taken on Board.

Exemption  from filing  O.T.  in  W.P.(Crl.)  No.  170 of  2013 is allowed.

Issue notice in the W.P.(Crl.)No. 181 of 2013 filed by  ANHAD and W.P.(Crl.)No. 170 of 2013 filed by Citizens for  Justice and Peace & Ors.

After  hearing all  the counsel  at  the request  of  Mr.  Rajeev Dhawan, learned senior counsel, appearing for the  State of U.P., we intend to give sufficient time to respond  the fresh writ petitions, the writ petitions as well as various  applications  in  which  we have  issued notice  on the  last  hearing  date.   We  direct  the  State  to  file  a  detailed  response in regard to all the matters mentioning the steps  taken up to 17th November, 2013 and the future course of  action  to  maintain  peace  and  communal  harmony  positively by 18th November, 2013.  

Counsel  for  the  petitioners  are  directed  to  serve  notice on all the unserved respondents in the meanwhile.

List all these matters for hearing on 21st November,  2013 at 2.00 p.m.”

25) On  21.10.2013,  while  granting  stay  of  further  

proceedings in C.M. Writ Petition No. 53891 of 2013 entitled  

Pankaj  Kumar  and  Ors.  vs.  State  of  U.P.  and  Ors.  

pending in  the High Court  of Judicature at  Allahabad,  this  

Court issued the following directions:

“It  is  made  clear  that  any  grievance  pertaining  to  the  incident  that  took  place  on  27th August,  2013  at  Muzaffarnagar and nearby places aggrieved persons are to  approach only to this Court for necessary relief/directions.”

26) On 21.11.2013, again, after hearing all the parties, this  

Court passed the following order:

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“The State of U.P. has so far filed nine Reports with  reference to the incident highlighting the steps taken and  the follow up action.

During the course of the hearing, it was brought to  our notice the proceeding No. 118/six-P.C.V.C. – 13-15(20)  2013, dated 26th October, 2013 which was issued by Mr.  D.S. Sharma, Secretary, Government of Uttar Pradesh, to  the  Commissioner,  Saharanpur  Commissionery,  Saharanpur.

Learned counsel appearing for the petitioners point  out  that  the  direction  issued  for  rehabilitation  of  a  particular  community  (Muslim  families)  alone  are  unacceptable.

When this  was pointed  out  to  Dr.  Rajeev Dhawan,  learned senior counsel appearing for the State of U.P., he  readily  agreed for  recalling  the  said communication  and  also made a statement that the concerned authority will  reissue proper proceedings taking care of all the affected  persons involved in the incident.

It is also brought to our notice that even on the date  of  filing of  Eighth  Report  on 18th November,  2013,  5024  persons  are  still  residing  in  the  camps arranged  by the  State.  Though, learned senior counsel for the State has  pointed out that as on date the number of persons in the  camps are likely to be lesser, taking note of the fact that  sizeable  number  of  persons  are  still  in  the  camps  and  considering the climatic conditions during winter months,  we  direct  the  State  Government  to  provide  necessary  assistance/materials to all the affected persons residing in  these camps.

The State of  U.P. is directed to file its response in  Writ  Petition  (Crl.)  No.  179  of  2013,  in  Writ  Petition  (Crl.)No.171 of 2013, in Writ Petition (Crl.)No. 181 of 2013,  in  Writ  Petition  (Crl.)No.196  of  2013,  in  Writ  Petition  (Crl.)No. 206 of 2013, S.L.P.(c) No. 35402 of 2013 as well  as  Crl.M.P.  No…..filed  in   Writ  Petition  (Crl.)Nos.  171  of  2013  and  179  of  2013,  positively  on  the  next  date  of  hearing.

With  regard  to  the  compensation  for  tractors,  sugarcane  crops,  tube-wells  and  other  agricultural  products, learned senior counsel for the State, has readily  agreed that if proper application/representation is made to  the District Magistrate of the concerned district, the same  shall be considered.

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The affidavit  filed by the Union of  India dated 21st  November, 2013, is taken on record.

List these matters on 12th December, 2013, at 2.00  p.m.   In the meantime, the petitioners are directed to take  effective  steps to serve the unserved respondents  in  all  the matters.”

27) On  12.12.2013,  again,  after  hearing  all  the  parties  

including  the  counsel  for  the  State,  this  Court  made  the  

following directions:

“On  behalf  of  the  State  of  U.P.,  a  consolidated  compilation  of  documents  and  the  Status  Report  have  been  filed  in  Writ  Petition  (Crl.)  No.  155  of  2013  and  connected matters.  The same is taken on record.

In  the  Writ  Petition  (Crl.)No.  155  of  2013,  the  petitioners have filed Crl. Misc. Petition No. 26156 of 2013  praying  for  certain  directions.   In  the  said  application  based on the news report, the petitioners have asked not  only direction to the respondents/State of U.P. but also for  implementation  of  our  earlier  orders.   The  information  which is mentioned in para 8 is as follows:

Para 8

“That recently various electronic news agencies like India  TV and IBN Channel has reported between 02.12.2013 to  07.12.2013 in special coverage giving the images of  the  peoples  struggling  for  their  lives  in  cold  in  open  sky  in  which  more  sufferer  are  the  small  children  who  were  succumbed  to  death  as  they  could  not  bear  the  cold  temperature  of  the  season.   It  has  been  reported  that  more  than  50 children  died  on  account  of  cold  as  their  parents who are riot victims is having no means to protect  their children.  It is very unfortunate for the country like  India that the whole country is unable to save even the  small children who were dying on account of their no fault.  The  death  of  various  children  which  had  also  been  reported in various newspapers.”  

In W.P.(Crl.) No. 181 of 2013, the petitioners based  on another newspaper’s report as well as investigation by  themselves  furnished  various  details  about  deaths  in  camps.

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In  both  these  petitions,  it  is  the  grievance  of  the  petitioners that in spite of our earlier directions, the State  Government  has  not  fully  implemented  all  directions  in  providing necessary help and assistance to the inmates of  the camps particularly to the children, aged persons and  all affected persons.  In view of the same, we direct the  State  Government  to  ascertain  the  correct  position  and  filed a detailed report on the next date of hearing.

In the meanwhile, the State Government is directed  to look into the serious averments in para 8 in Crl.M.P. No.  26156 of 2013 (which we have extracted above) and take  necessary steps and provide required remedial assistance  at  once.   Dr.  Rajiv  Dhawan,  learned  senior  counsel  appearing  for  the  State  of  U.P.  assures  this  Court  that  necessary  steps  will  be  provided  by  tomorrow,  i.e.,  13th  December, 2013 onwards.  The above statement is hereby  recorded.

Taking note of the cold conditions in the forthcoming  months, we hereby further direct the State Administration  particularly  the  district  concerned  to  provide  necessary  materials  including  medical  facilities  for  the  inmates  particularly  children  in  the  camps  as  well  as  all  those  affected due to riots.

During the course of hearing, counsel appearing on  behalf  of  various  petitioners/organizations  raised  certain  complaints/grievances about the steps so far taken by the  State  Administration.   The  respective  counsel  are  permitted  to  hand  over  those  details  to  the  standing  counsel  for  the  State  of  U.P.  by  tomorrow,  i.e.,  13th  December, 2013.  The State of directed to take  remedial  steps at once and file their response on the next date of  hearing.

Post all the matters for final disposal on 21st January,  2014 at 10.30 a.m. as item one.

In the meantime, parties are permitted to complete  their pleadings.”

28) Finally,  on  20.02.2014,  after  hearing  elaborate  

arguments of Mr. Uday U. Lalit, learned senior counsel for the  

State and Ms. Kamini Jaiswal, learned counsel for the rape  

victims, this Court reserved the judgment in these matters.  

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Compliance Reports:

29) The  given  petitions  were  heard  over  5  months  

commencing from 12.09.2013 and ending on 20.02.2014. In  

this interim period, this Court issued numerous directions for  

monitoring  the  situation  at  the  place  of  incidence.  It  is  

pointed out by learned counsel appearing for various parties  

that  because of various directions of this  Court,  the State  

Government  initiated  active  investigation,  relief  measures,  

both in the camps as well as in shelter homes and provided  

more provisions for food, clothes and medicines etc., which is  

highlighted  in  the  eleven  Compliance  Reports  filed  before  

this Court over the period of time.   

30) From the  reports  filed  by  the  State  Government,  we  

culled out the following information, which will throw light on  

the rehabilitative and preventive measures adopted by the  

Central and the State Government.  

1.  Arrangements for Relief camps

A total number of 58 camps were made functional, of  

which,  41  such  camps  were  established  in  District  

Muzaffarnagar and 17 camps in District Shamli.

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In District Muzaffarnagar, the camps were established in  

different villages of two Tehsils, viz., Tehsil Sadar and Tehsil  

Budhana.   After  survey  of  these  camps  by  the  District  

Administration,  it  was  found  that  most  of  the  displaced  

families were living in Madarsas, private ghar (houses) and  

other buildings.  Remaining people had taken refuge at open  

places by erecting tents.

After  the  survey,  30  relief  camps  were  identified  in  

Tehsil Budhana area and 11 relief camps in Tehsil Sadar area  

and a District Level Officer was deputed as a Nodal Officer for  

each camp.  In addition to this, one police officer was also  

designated  for  each  camp.   Detailed  guidelines  and  

instructions  were  issued  to  the  concerned  officers  for  

ensuring efficient and effective running of these camps.

A  Purchase  and  Supply  Committee,  comprising  of  

District  Supply  Officer,  Deputy  Regional  Marketing  Officer,  

Sachiv Mandi Samiti, ARTO, Joint Commissioner (Commercial  

Tax),  General  Manager  of  District  Industries  Centre  and  

General Manager of Parag Dairy was formed to purchase and  

supply  foodgrains  and  other  articles  of  daily  use  to  the  

families living in camps.  After getting daily assessment of  

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their  requirements  through  Nodal  Officers,  foodgrains  and  

other goods were supplied by trucks and other small vehicles  

to the camps.

The families going back from certain camps during the  

month of December 2013 were provided ration material for a  

period of 15 days so as to facilitate their resettlement and  

rehabilitation.  An amount of Rs.152.95 lacs was spent on the  

foodgrains and other essential commodities provided in the  

camps  and  afterwards  in  the  District  Muzaffarnagar.   In  

addition to this, Rs. 61.44 lacs were spent on arrangements  

for  auxiliary  items.   In  this  manner,  a  total  amount  of  

Rs.214.39 lacs has been spent on the items supplied and the  

arrangements made in the District Muzaffarnagar.

Similar arrangements were made in District Shamli.  In  

District Shamli also two Tehsils, viz., Tehsil Shamli and Tehsil  

Kairana were affected.  Six relief camps in Tehsil Shamli and  

11 camps in Tehsil Kairana had been identified.  Foodgrains  

and other  essential  commodities worth Rs. 32.39 lacs and  

milk worth Rs.53.10 lacs have been provided in the camps  

and  to  the  families  going  back  from  the  camps  for  

resettlement and rehabilitation.  In addition to that, Rs.27.65  

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lacs have been spent on other arrangements.  Thus, a total  

amount  of  Rs.113.04  lacs  has  been  spent  on  the  items  

supplied and the arrangements made for the camps.

District  Baghpat  has  also  reported  an  expenditure  of  

Rs.1.85  lacs  for  supplying  foodgrains  and  other  essential  

items for the people who had gone to the camps and have  

now been rehabilitated in their villages.

All 41 camps in District Muzaffarnagar have been closed  

and 2 camps and 4 satellite camps are in operation in District  

Shamli.  A total number of 2618 persons are living in these  

camps.  The relief operations on the same scale are being  

continued in these camps.  The State Government has given  

directions  to  run  the  remaining  camps  and  to  take  all  

necessary  measures  for  providing  foodgrains,  milk,  other  

essential  commodities,  medical  facilities  and  materials  

required for shelter from cold etc. as long as the people are  

living in such camps.

2. Medical facilities to the injured and those living in  

the camps

Medical  ambulances  with  all  modern  facilities  were  

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deployed for all the camps.  Medical and paramedical staff  

was deployed at all the camps to regularly conduct medical  

checkup in the camps.  According to the data provided by the  

Chief  Medical  Officer,  Muzaffarnagar,  the  medical  teams  

conducted cumulative medical check-up of 21,555 persons in  

the camps.  It was ensured that if any person in the camp  

was found seriously  ill  he  was  shifted  immediately  to  the  

District  Hospital  using  ambulance  and  if  required  he  was  

referred to the Medical Centre at Delhi and Meerut.

A  sum of Rs.6.38 lacs in  Muzaffarnagar and Rs.14.90  

lacs in Shamli was spent towards treatment of the persons  

injured  in  the  incidents.   For  better  and  specialized  

treatment,  21  injured  persons  were  referred  to  higher  

medical facilities at Meerut and New Delhi.  Instructions were  

issued  by  the  State  Government  that  the  treatment  of  

persons who got injured during incidents of violence is to be  

done  free  of  cost.   One  such  person  who  went  for  his  

treatment to private facility has been paid Rs.2.5 lacs from  

the Chief Minister’s Discretionary Fund.

In District Shamli too, similar arrangements were made  

by  the  District  Administration.   According  to  the  data  

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provided  by  the  C.M.O.,  the  medical  teams  conducted  

cumulative  medical  check-up  of  23,243  persons  in  the  

camps.

Female doctors and ANMs were deployed to the extent  

possible  for  taking  care  of  the  women  especially  the  

pregnant and lactating mothers.  303 pregnant women were  

identified and 44 of them were shifted to Community Health  

Centres (CHC), Primary Health Centres (PHC) or the District  

Hospital for safe deliveries in the district of Muzaffarnagar.  

Additional  nutrition  was  provided  under  the  ICDS  by  the  

Anganwadi workers to all those children who were below the  

age of 6 years and living in the camps.

Chlorine tablets and ORS packets were distributed on  

regular basis.  More than 64000 chlorine tablets and nearly  

7750 ORS packets were distributed in the two districts.  In  

addition  to  this,  routine  immunization  activity  was  also  

carried out in the camps.  573 children in Muzaffarnagar and  

1107 children in Shamli were vaccinated during this period.

In compliance with the directions given by this Court,  

separate  teams were constituted and deployed for  special  

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care of all those living in the camps especially women and  

children.  For the camp at Loi Village in Muzaffarnagar, one  

general  physician,  one  pediatrician  for  the  treatment  of  

children,  one ANM/staff  nurse,  one para medical  staff  and  

ambulance  was  put  on  duty.   The  camp  was  closed  on  

31.12.2013 by rehabilitating all the families.  Till then, 3114  

cumulative patients were treated in the camps of which 509  

were  children,  65  children  were  vaccinated,  515  chlorine  

tablets and 154 ORS packets were distributed.  It has been  

ensured that all those pregnant women, who were living in  

the camp before its closure would be taken to PHC Budhana  

or District Female Hospital for their deliveries.

Similarly,  3  doctors,  3  pharmacists,  3  ANMs,  2  ward  

boys, 2 drivers with ambulances, 1 LA, 1 OTA and 1 STLS  

have been deployed for 4 camps in operation at Malakpur,  

Khurgan, Sunaiti and Bibipur Hatia.  153 patients including  

59 children have been treated in these camps.

The persons, who have been shifted to different villages  

for  rehabilitation,  are  being  tracked  and  being  provided  

medical facilities at their places of stay.  In Muzaffarnagar,  

168  pregnant  women  and  4946  children  have  been  

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examined  and  860  children  were  treated  for  various  

ailments.   114  children  were  vaccinated.   In  Shamli,  328  

children from total 1128 patients have been examined during  

last week in the camps.

3. Arrangement of Sanitation and Drinking Water

In  order  to  ensure  proper  sanitation  and  cleanliness,  five  

sweepers were deployed for each camp.  It was ensured that  

the  sweepers  remained  deployed  till  the  camps  were  in  

place.   Keeping  in  view the  large  number  of  women and  

children in the camps, mobile toilets were placed near the  

camps.  In order to avoid epidemic, spray of pesticides and  

other chemicals was ensured.   To kill mosquitoes, fogging  

was carried out near relief camp at Jaula.

Safe and clean drinking water was also supplied through  

piped water supply schemes, permanent tubewells installed  

at  the camp sites,  India  Marked-II  hand pumps and water  

tankers from the urban local bodies situated near the camps.  

Chlorine  tablets  were  distributed  in  all  the  camps  as  has  

been described in the paragraph above.

4. Arrangement of Tent, Dari and Bedsheets etc.

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Though  most  of  the  camps  were  situated  in  pucca  

buildings like Madarsas and Schools, makeshift  tents were  

also erected in 15 camps to provide shed and shelter.  The  

displaced families could not bring any item of daily use with  

them, hence, two steel plates, two steel glasses, one medium  

size dari, two bed sheets, one bucket, one mug, one towel,  

milk  powder,  biscuit  packets  were  provided  to  each  and  

every family in the camps.  Clothes to women and children  

were also distributed in camps.  In addition to that, two toilet  

soaps, two washing soaps, one tooth paste and kerosene oil  

etc. were provided to the families living in the camps.  The  

approximate value of abovementioned goods has crossed Rs.  

1 crore.  104 quintals of fire wood was supplied in the camps  

through the Divisional Forest Officer.  Another 54 quintals of  

firewood was supplied through District Supply Officer for its  

use as fuel.  Apart from this, 48 gas cylinders were provided  

in the camps.

5. Arrangement of fodder for cattle

A large number of villagers fled from their houses out of  

fear leaving behind their cattle and animals.  These animals  

were taken care of by the people from the community.  The  

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Animal  Husbandry  Department  was  directed  to  provide  

fodder to such cattle with the help of voluntary organizations.  

Identification of such villages and cattle was done and fodder  

was made available.  So far, 568.30 quintals of wheat-hay  

has  been  distributed.   Teams  of  Veterinary  Doctors  have  

treated 301 cattle so identified.

6. Financial  Assistance  by  Government  of  Uttar  Pradesh to the wounded and the families of deceased  persons

According  to  letter  No.  1027k/chh-sa.ni.pr.-

13/15(14)2013 dated 10.09.2013 and Government Order No.  

F.A.-2-367/Ten-92-100(30)D/92-Home  Police,  Section-12  

dated  21.12.1992,  financial  assistance  to  the  families  of  

deceased and injured persons is to be given at the following  

rates:

1. In case of death - Rs.  10,00,000  per  death

2. In case of serious injury - Rs.50,000 per person

3. In case of simple injury - Rs. 20,000 per person

District Muzaffarnagar

32  persons  belonging  to  this  District  have  died  in  

various  incidents  of  violence  that  took  place  on  or  after  

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07.09.2013.  Of  these deceased persons, two dead bodies  

are still unidentified.  Three persons were killed in clashes on  

27.08.2013  in  village  Kawal,  Tehsil  Jansath.   One  news  

channel reporter named Rajesh Verma died on 07.09.2013 in  

communal  violence  in  Muzaffarnagar  city.   Financial  

assistance of Rs. 15 lacs was announced for his family.  Thus,  

a  total  sum of  Rs.  3.35  crores  has  been  provided  to  the  

families of 33 persons.  In addition to that, a total sum of Rs.  

7.50 lacs was provided to 15 persons injured seriously.  One  

person succumbed to his injuries and his  family  has been  

paid additional amount of Rs. 9.5 lacs.  Thus, 34 families of  

deceased persons have been  paid  Rs.3.45 crores  and the  

remaining 14 seriously injured persons were paid Rs.7 lacs.  

A sum of Rs.5.40 lacs has been distributed to 27 persons with  

simple injuries.

District Shamli

15 persons belonging to this District died in the incident  

on  or  after  07.09.2013.   Of  these,  13  persons  died  in  

incidents  that  took  place  in  Muzaffarnagar  and  2  persons  

died  in  the  incidents  within  the  District  on  or  after  

07.09.2013.  One person was killed in another clash that had  

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occurred  on  03.09.2013  in  the  District.   A  total  sum  of  

Rs.1.60 crore has been provided to the families of all the 16  

deceased persons.  For the injured persons, a total sum of  

Rs.4.5 lacs has been provided to 9 seriously injured persons  

and a sum of Rs.3.20 lacs to 16 persons with simple injuries.

District Saharanpur

Three  persons  belonging  to  this  District  died  in  the  

incidents  on  or  after  07.09.2013,  of  which  one  died  in  

Muzaffarnagar and 2 died within the District.  A sum of Rs. 30  

lacs has been provided to all the 3 families.  Moreover, a total  

sum of Rs. 20 lacs has been provided to 4 persons injured  

seriously.

Apart from these 3 Districts, as mentioned above, under  

the Saharanpur Division, 9 persons who were killed, belonged  

to the three districts of the Meerut Division.  According to the  

report received from these Districts, Rs. 50 lacs were paid to  

5  families  in  District  Meerut,  Rs.  30  lacs  to  3  families  in  

Baghpat and Rs. 10 lacs to 1 family in District Hapur.  One  

seriously injured person succumbed to his injuries in Meerut  

and his family has been paid additional financial assistance  

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of Rs. 9.5 lacs.   Thus, all  the 10 families of the deceased  

persons have been provided ex gratia relief of Rs. 1 crore.  In  

addition  to  this,  4  seriously  injured  persons  in  District  

Baghpat have been paid Rs. 2 lacs.  Remaining 2 seriously  

injured persons in District Meerut have been paid an amount  

of Rs. 1 lac.  4 persons with simple injuries in Baghpat have  

been paid Rs.0.8 lacs.  District Hapur has reported no injured  

person.

In  addition  to  the  above,  the  State  Government  has  

sanctioned pension to the eligible 63 injured persons at the  

rate of Rs.400/- per month under the Rani Laxmi Bai Pension  

Scheme under special circumstances.

Thus, the Government of Uttar Pradesh has paid Rs.6.35  

crores to the families of 63 deceased persons, Rs.16.50 lacs  

to 33 seriously injured persons, Rs.9.80 lacs to 49 persons  

with simple injuries and pension to 63 injured persons.

7. Financial  Assistance by  Government of  India  to  the wounded and the families of deceased persons

Government of India has also sanctioned ex-gratia relief  

from the Prime Minister’s Relief Fund at the rate of Rs.2 lacs  

per family for the dependents or legal heirs of the deceased  

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and at the rate of Rs. 50000 for the seriously injured persons.  

Rs. 15 lacs have been sanctioned to the family of Sri Rajesh  

Verma,  the  Journalist,  who  was  killed  in  the  city  on  

07.09.2013.

32 families in Muzaffarnagar, 16 families in Shamli,  3  

families  in  Saharanpur,  5  families  in  Meerut,  3  families  in  

Baghpat and 1 family in Hapur have been paid Rs.120 lacs.  

Rs. 10 lacs have been paid to the family of Late Sri Rajesh  

Verma.  Rs. 16.50 lacs have been paid to 33 seriously injured  

persons.  Two cases, in which the injured persons have died,  

have been forwarded for further assistance of Rs.1.50 lac per  

family.

Thus,  Rs.146.50  lacs  have  been  distributed  to  the  

injured persons and the legal heirs of the deceased persons  

from the funds made available by the Government of India.

8. Employment to the dependents of the deceased  persons

The State Government decided to give employment to  

one member of the family of the deceased persons according  

to his or her qualification.  Total 58 persons belonging to 6  

Districts died in the incidents on or after 07.09.2013 and 5  

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persons died in  the incidents  that  had taken place before  

that.  A proposal was made for employment of dependents of  

61 persons killed in the incidents as 2 dead bodies remained  

unidentified.  2 persons had died from the same family and  

one  person  killed  was  a  Government  employee  and  his  

dependent  will  be  considered  as  per  “Dying  in  Harness”  

rules.  Thus, the proposal was sanctioned by the Government  

for remaining 59 persons and all of them have been given  

employment.

Two  new  proposals,  which  were  sent  to  the  State  

Government with regard to 2 seriously injured persons who  

succumbed  to  their  injuries  have  been  sanctioned  and  

formalities are being completed to give them employment.

9. Confidence building measures

A detailed survey and analysis of the families displaced  

from different villages and living in camps was done.  The  

villages from where displacement  took place  were divided  

into three categories:

(i) Villages where no violence took place.

(ii) Villages where no death was reported.

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(iii) Villages where death was reported.

First  of  all,  measures  were  taken  to  rehabilitate  and  

return those people who fell  in  the first  category.   In  this  

category,  displacement  had  taken  place  just  out  of  fear.  

Meetings with important and effective persons from both the  

communities were organized in  which one community had  

assured  the  safety  and  security  of  the  other.   Peace  

Committees  were  constituted  and  their  meetings  were  

organized  at  the  Block,  Tehsil  and  District  levels.   Senior  

officers  like  District  Magistrate,  Superintendent  of  Police,  

ADM, ASP, SDM, Circle Officer and other functionaries from  

the Revenue and police departments participated along with  

the Village Pradhans and important public persons from all  

the communities.  Teams of officers were sent from Districts  

of  Meerut  and Baghpat  to  convince and take  the  persons  

living in  the camps who belonged to the villages of these  

districts.

At one stage, the total number of people staying in 58  

camps in two districts had reached a figure of 50955 of which  

27198  persons  were  in  41  camps  at  Muzaffarnagar  and  

23757 persons in 17 camps at Shamli.   As a result of the  

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efforts made by the administration in holding these meetings  

and providing one-time financial assistance for rehabilitation,  

all  the persons living in  the camps in Muzaffarnagar have  

returned  either  to  their  native  villages  or  resettled  

elsewhere.

As far as District Shamli is concerned, 15 camps have  

been  closed and 23757 persons living in  the  camps have  

either returned to their native village or to the other places of  

their choice after getting one-time assistance of Rs. 5 lacs.  

Remaining  2  camps  at  Malakpur  (990  persons  remaining)  

and  Barnawi  (330  persons  remaining)  have  split  into  4  

additional  satellite  camps  established  on  the  forest  land,  

Gaon  Sabha  land  or  the  Government  land  of  villages  

Akbarpur  Sunhaiti  (297  persons),  Khurgan  (595  persons),  

Dabhedi  Khurd  (203  persons)  and  Bibipur  Hatia  (203  

persons).  Thus, 2618 persons are still living in 2 camps and  

4 satellite camps in the District  Shamli.   Efforts are being  

made to convince them to go back to their villages or settle  

elsewhere.

To  ensure  the  safety  and  building  a  feeling  of  

confidence  among  those  returning  to  the  villages,  para-

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miliatry forces were deployed in those villages.  Preventive  

action was also ensured under the provisions of the Code and  

effective legal action is being taken with respect to the FIRs  

lodged for the incidents of rioting.  Notices were issued to  

6616 persons in Muzaffarnagar and 1756 persons in Shamli  

under  Section  107/111  of  the  Code.   Out  of  these,  8372  

persons  in  two  districts,  5793  persons  (4802  in  

Muzaffarnagar and 991 in Shamli)  have been bound down  

under Section 107/116 of the Code.  In addition to this, 356  

persons in Muzaffarnagar and 239 persons in Shamli, thereby  

totaling 595 persons have been arrested in connection with  

various FIRs for incidents of violence, arson and looting etc.   

Regarding  safety  of  their  lives  and  security  of  their  

properties,  the  State  has  brought  to  our  notice  that  

necessary  forces  have  been  deployed  in  all  the  areas  in  

which the communal riots took place.  The details furnished  

by  the  State  show  that  at  present,  the  following  forces  

deployed for law and order duty:

Addl.  SP

Dy. SP Insp. S.I HC Const. HG PAC

3 11 35 238 58 1447 400 8 Coy.  2 PL.

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10. One time financial assistance to the families not  returning to their villages

Families displaced from 6 villages in Muzaffarnagar, i.e.,  

Fugana, Kutaba, Kutbi, Kakda, Mohammadpur Raisingh and  

Mundbhar  and 3 villages  in  Shamli,  i.e.,  Lisadh,  Lank and  

Bahavadi have not agreed to return to their native villages  

even  after  confidence  building  measures  and  serious  

persuasion.  Their decision was found to be justified largely  

based on the fear emanating from the kind of incidents of  

murders  and  arson  that  had  happened  in  these  villages  

during the violence that broke out on 7th and 8th September,  

2013.   The  State  Government,  vide  its  order  dated  

26.10.2013, has decided to give a lumpsum grant of Rs. 5  

lacs  per  family  for  their  resettlement  and  rehabilitation.  

According to the preliminary estimates  of houses in  these  

villages, an amount of Rs.90 crores has been sanctioned for  

1800 families,  Rs.43.15 crores to 863 families out of 901  

such families in Muzaffarnagar and Rs.38.40 crores to 768  

such families in Shamli have been paid under the one-time  

financial  assistance  for  their  rehabilitation.   In  addition  to  

this,  13  families  in  Muzaffarnagar  have  been  given  part  

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payment of Rs.2 lacs each incurring Rs.26 lacs. Thus, 1644  

families have been paid till date and an amount of Rs.81.81  

crores  has  been  spent  for  their  resettlement  and  

rehabilitation.

11. Compensation  for  damage  to  movable  and  immovable property

Assessment  was  done  for  damage  to  the  uninsured  

movable and immovable property during the riots.  Efforts  

were made to assess the loss by a team of qualified persons  

in the presence of victims.  Photography and videography  

was also done during the process.

According to the latest reports, an amount of Rs.124.06  

lacs has been paid in 212 cases, out of 217 surveyed cases  

worth Rs.125 lacs.  Similarly, in District Muzaffarnagar, 465  

movable properties  have been assessed at  Rs.176.44 lacs  

and the  claim of  Rs.174.82 lacs  has  been settled  for  459  

properties.  Hence, the claim of 671 properties out of 682  

total damaged movable properties has already been settled  

and an amount of Rs.298.88 lacs has already been paid.

As per the order dated 26.10.2013 regarding one-time  

financial  assistance  to  the  families  from  9  villages,  the  

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compensation for the damage to the immovable properties of  

these  families  is  included  in  the  one-time  assistance.  

Therefore,  the  compensation  for  damage  to  immovable  

property  has  to  be  paid  in  the  remaining  villages  only.  

Besides, the amount is to be paid in two equal instalments.  

All  24  cases  identified  in  Shamli,  all  6  cases  identified  in  

Baghpat and 55 out of 56 cases identified in Muzaffarnagar  

have been paid the first instalment of Rs.50.56 lacs. Thus, a  

total  amount  of  Rs.  349.44  lacs  has  been  paid  as  

compensation  for  the  loss  of  uninsured  movable  and  

immovable property loss in 3 districts.

Enhanced Compensation:

31) During  the  course  of  hearing,  learned  senior  counsel  

and the Additional  Advocate General  of U.P. appearing for  

the  State  assured  this  Court  that  the  Government  would  

consider  enhancing  the  amount  of  compensation  to  the  

victims  of  communal  violence  who  had  died  and  to  the  

parents of the deceased children below 5 years of age.   

32) It is brought to our notice that by G.O. dated 18.02.2014  

issued by the Home Secretary, Government of U.P., it  has  

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been  decided  that  the  State  Government  would  provide  

further  compensation  of  Rs.  3  lakhs  in  addition  to  the  

compensation  already  provided  to  the  relatives  of  the  

deceased and a compensation of Rs. 2 lakhs to the parents of  

the deceased children below 5 years of age who died in the  

relief camps.  

33) In addition to the same, the State has also highlighted  

other  reliefs  that  have  been  given  to  the  riot  victims  for  

damage of immovable properties. The chart placed before us  

shows  the  names  of  the  persons,  father’s  name,  type  of  

property, type of damage, value of the property, name of the  

village, district and the actual amount paid to those persons.  

The said chart also shows that in this category, 181 persons  

received  various  amounts  depending  on  the  value  of  the  

property  lost.   Likewise,  the  State  has  also  placed  details  

regarding  financial  assistance  to  injured  persons  due  to  

communal violence.  The chart furnished shows that about  

53  persons  from  Muzaffarnagar,  Shamli,  Saharanpur  and  

Baghpat were benefitted.  It also contains the name of the  

injured persons, their family details and their full address as  

well  as  the  compensation  received  from  the  State  

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Government.  The State has also placed particulars regarding  

the beneficiaries of Rani Lakshmibai Pension Yojana relating  

to  persons  who sustained  injuries  both  simple  as  well  as  

grievous in communal violence.  The chart also shows the  

name and details of their family, age, full particulars and the  

amount paid for the period September 2013 to March 2014.  

Phase of Investigation:

34) Apart from the rehabilitative and preventive measures,  

certain concerns were also raised by the petitioners in regard  

to the inefficient investigation by State Police and lapse of  

procedural  laws which leads to gross violation of rights of  

victims.  

35) Regarding the stand of the petitioners that many false  

accused were shown as culprits, the State has filed a detailed  

note wherein it is stated that a total number of 566 cases are  

being investigated by the Special Investigation Cell (SIC).  It  

was submitted that during investigation, it was observed that  

many cases were false and many persons have been wrongly  

named  in  FIRs.   The investigating  officers  found sufficient  

ground  and  evidence  for  their  innocence.   The  State  has  

pointed out that names of all such persons, viz., 549 persons,  

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have been removed.  Till now, 48 registered cases have been  

found false and the same were either expunged or removed.  

Names of 69 persons in murder cases have been found false  

and their names have been removed from the accused list.  

In addition to the above information, the State has furnished  

a list of accused found false which contains 516 persons from  

Hindu community and 33 from Muslim, i.e., a total number of  

549 persons.  The State has also furnished a list of expunged  

cases  and the  persons who were  wrongly included.   Here  

again, the State has mentioned the names and addresses of  

those persons, crime number, police station, offences under  

various enactments and districts.

36) It is further seen from the information furnished by the  

State that at present SIC is investigating a total number of  

566  cases  registered  during  the  communal  violence  in  

Muzaffarnargar  and  adjoining  districts  of  Shamli,  Baghpat,  

Saharanpur and Meerut.  Out of 566 cases, 533 cases are of  

Muzaffarnagar,  27  of  Shamli  and  2  each  of  Baghpat,  

Saharanpur and Meerut.  Of these 566 cases, 59 cases are of  

murder and rest are of arson, dacoity, grievous injury and of  

miscellaneous  type.   Six  cases  of  rape  have  also  been  

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registered.   All  rape  cases  are  of  Village  Fugana,  Police  

Station  Fugana,  Muzaffarnagar.   In  all  these  cases,  6403  

people were named and 253 came to light.  Of these, 549  

accused were found false.  It was also observed that many  

persons were named in more than one case and a calculation  

of all  these revealed that  3803 persons were named.  Till  

date,  984  persons  have  been  declared  accused  in  

investigated  cases.   Rest  of  the  cases  are  under  

investigation.   337  accused  have  been  arrested  and  61  

persons  have  surrendered  before  the  Court.   374  Non-

Bailable  Warrants,  195  warrants  under  Section  82  of  the  

Code and 3 kurki (attachment) warrants of Section 83 of the  

Code have been issued.  Charge-sheet has been filed against  

238 accused and Closure Reports have been given against  

102 persons.

Constitution of the SIC:

37) About  the  constitution  of  SIC  and  the  method  of  

investigation, the State has highlighted:

“Special investigation cell was constituted in the month of  September  after  the  communal  violence  in  the  district  Muzaffarnagar  and  adjoining  district  to  investigate  the  cases registered during communal violence.  As the task  was very daunting because most of the complainant had  

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fled  from their  villages  and had taken refuse  in  various  relief camps and in their relatives.  The first task was to  locate  the  complainants  and  witnesses.   This  hardeous  task  was  accomplished  after  taking  the  list  of  persons  staying  in  camps  and  getting  their  mobile  numbers.  Thereafter,  inquiring  from  one  person  to  another  complainants  and  witnesses  were  approached  and  their  statements  were  recorded.   This  obviously  delayed  investigation to some extent,  but once the complainants  and  witnesses  were  traced,  investigation  took  pace and  very soon investigation of all the cases will be completed.

During  investigation,  SIC  used  scientific  mode  of  investigation.  Some of the methods which were used are  as follows:

1. A large number of persons were named in various cases  registered.  To confirm the authenticity of complaint and  accused person, location of both complainant and accused  persons  were  collected  through  their  mobile  numbers.  Mobile no. of various persons were analysed.  Call details  were also applied to work out unknown cases.

2. In the village Lisad of PS Fughana death of 13 persons  were reported.  The body of 11 persons out of 13 were not  recovered  and no traces of  their  body were  found.   SIC  took the help of Forensic Science Laboratory, Lucknow to  find the traces of their death.  FSL used scientific methods  to collect sign of some blood.  Even though 20 days have  passed  after  the  claim  of  death,  FSL  was  successful  in  finding sign of some blood by Benjamin test.  The blood  samples  have  been  sent  for  examination.   During  investigation, some suspicious small pieces of bones were  recovered,  which  has  been  sent  for  DNA  and  other  scientific examination.  In one another case, DNA samples  have been sent to match of the claim of death.”

38) In support of the above stand, the State has also placed  

copies of various orders passed by the SIC.

Arrest and follow-up action:

39) Regarding arrest and follow-up actions, the State has  

filed  a  list  of  arrested  persons  in  communal  violence  in  

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Muzaffarnagar  and  adjoining  areas.   The  list  shows  the  

names  of  308  arrested  persons  in  the  Districts  of  

Muzaffarnagar  and  Shamli.   Here  again,  the  State  has  

furnished the names and addresses of arrested accused, the  

date  on which they were arrested,  offences under various  

enactments,  crime  number,  police  station,  nature  of  the  

offence,  district,  etc.   The  State  has  also  indicated  the  

religion of the accused just to show that actions were being  

taken irrespective of the caste, community or religion.

40) The State has also furnished a list of 50 persons who  

surrendered  (31  belonging  to  Hindu  community  and  19  

Muslim).  Here again, the State has furnished the names and  

addresses of accused, date of surrender, offences involved,  

title of the crime, case number, police station and district etc.

41) In addition to the above particulars, the State has also  

furnished  details  about  the  action  taken  against  accused  

persons in communal violence cases as on 08.02.2014.  The  

chart  contains  the  details  of  the  number  of  the  accused,  

number of crimes, details regarding action taken,  types of  

offences,  etc.   The  State  also  catalogued  these  details  

district-wise,  viz.,  Muzaffarnagar,  Shamli,  Baghpat,  

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Saharanpur and Meerut.   

42) The  State  has  also  furnished  the  details  regarding  

action being taken against political persons.  The list contains  

total  22  persons in  this  category having  their  names  and  

addresses,  particulars  regarding  political  party,  post  held,  

such  as,  Minister/MP/MLA,  Crime  number,  police  station,  

various offences and particulars regarding action taken, etc.

43) In addition to the above particulars, the State has also  

highlighted various difficulties faced by the District Police in  

making arrests.  According to them, right from day one, the  

District  Police  has  faced  staunch  opposition  and  strong  

protests in making arrests in riot cases.  Many panchayats  

and  dharnas  have  been  organized  to  resist  arrests.   The  

accused  from  both  the  communities  have  found  strong  

refuge in respective villages.  In some cases, villagers have  

even attacked the police parties to stop them from making  

arrest.  In the note submitted to this Court, they highlighted  

some of the notable episodes that took place on 15.10.2013,  

21.10.2013,  26.10.2013,  28.10.2013,  01.11.2013,  

25.01.2014,  26.01.2014.   According to the  State,  in  those  

days, women folk of the particular community obstructed the  

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police from entering their houses where the accused were  

hiding.   Khap  panchayats  prevented  the  police  from  

performing  their  duties.   In  spite  of  those  protests  and  

obstructions, the State has highlighted that the District Police  

has  been  persistent  and  diligent  in  making  arrests  of  the  

accused persons in riot cases and so far 337 accused persons  

have  been  arrested  and  61  accused  persons  have  been  

forced to surrender.  The raid teams from respective police  

stations  are  being  sent  regularly  to  make  arrests.   A  

dedicated  surveillance  team  has  been  deployed  with  the  

Crime Branch to gather intelligence about the whereabouts  

of  the  accused  persons  of  serious  riot  offences.   Despite  

extreme  adverse  circumstances  and  strong  protests  from  

both communities, the police has made persistent attempts  

to effect the arrests of the accused people.  The efforts made  

by the district police are:

(i) Continuous raids – Teams from various police stations  

led  by senior  police  officers  have  been  conducting  

raids for the accused on regular basis.

(ii) Gathering  of  information  –  To  locate  the  accused,  

relevant  information  is  being  gathered,  informers  

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have  been  employed  and  people  from  the  same  

villages  have  been  identified  who  are  willing  to  

provide information about the accused people.

(iii) Surveillance and Crime Branch support – In making  

arrests, the district police have also sought support of  

surveillance  teams  and  Crime  Branch  experts  to  

gather  information  about  accused  to  facilitate  

arrests.

(iv) Several  meetings  are  being  conducted  in  affected  

villages to generate confidence amongst the villagers  

and to ensure them that innocent people will not be  

harassed, to blunt their resistance about arrests.

(v) Meetings  are  also  arranged  between  the  two  

communities  to  restore  faith  and  feeling  of  

brotherhood.  Such efforts are being made to alienate  

the actual accused people who are desperately trying  

to find support from their community.

(vi) The police has also been seeking relevant and timely  

court  orders  and  have  been  implementing  court  

processes and attachment orders to mount pressure  

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on the accused.

(vii) Counseling efforts are being made so that the family  

members and supporters of the accused people can  

be convinced to offer arrests or surrender of accused  

persons before the Court.

(viii) In some suitable cases, reward is also declared on the  

accused to mount pressure.

(ix) A dedicated team of experienced police personnel for  

each  accused  is  deployed  to  gather  relevant  

information  about  his  whereabouts,  hiding  places,  

refuse, and support base to effect arrests.

44) Regarding  arms  and  ammunitions,  recovery  of  AK47  

cartridges, etc., particularly, in village Kirthal, Police Station  

Ramala, District Baghpat, the State has highlighted that:

“On 11/03/13 Ramala police was on law and order  duty  and was patrolling in village Kirthal PS Ramala.  Irshad s/o  Fakruddin, Shoaib s/o Munsab, Zahid s/o Iqbal, Basiruddin  s/o  Iqram  all  residents  of  village  Kirthal  PS  Ramala  mounted  an  unprovoked  attack  on  the  patrolling  party  with brickbats and caused obstruction in the discharge of  duty.   In  this  incidentone constable 832 CP Vijay Kumar  was grievously  injured.   In  this  connection,  SHO Ramala  Shri  Rajender  Singh  registered  a  Case  Crime  Number  246/13 u/s 307, 353, 34 IPC against the above-mentioned  four persons at PS Ramala.  In the context of the above- mentioned incident, SHO Ramala Shri Rajendra Singh was  engaged in checking and frisking of suspicious persons in  

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village  Kirthal.   During  this  checking  one  Rojuddin  s/o  Fakruddin r/o village Kirthal PS Ramala was arrested and  one  cmp  315  bore,  41  cartridges  of  AK  47  rifle,  14  cartridges  of  9  mm  pistol  were  recovered  from  his  possession.   In  this  connection,  one  case crime number  249/13 u/s 25 Arms Act was registered at PS Ramala.

The case crime number 246/13 u/s 307, 353, 34 IPC was  investigated by SI Shri Vijendra Sing Panwar, all the four  named  accused  were  arrested,  one  cmp  315  bore  with  cartridge, one licenced gun with cartridges were recovered  and, finally, charge-sheet number 123/13 dated 19/10/13  was submitted to the concerned court against all the four  named accused.

Similarly, the case crime number 249/13 u/s 25 Arms Act  was duly investigated by SI Shri Subhash Chand.  During  the investigation the arrested person Rojuddin told the IO  that  the  AK  47  and  9mm  cartridges  belonged  to  his  brother Iqbal who had been discharged from BSF on poor  health ground.   On coming to light  his  brother  Iqbal  s/o  Fakruddin was interrogated by the IO but no progress was  made because Iqbal denied that the recovered cartridges  belonged to him and no other independent incriminating  evidence could  be  collected  during  investigation  against  him.

On  completion  of  investigation,  charge-sheet  number  120/13 was submitted to the concerned Court on 12/10/13.  The matter  was investigated by SI  Shri  Subhash Chand.  On  completion  of  investigation,  charge-sheet  number  120/13  dated  12/10/13  has  been  submitted  to  the  concerned court.

During the investigation all the four named accused were  arrested and sent to jail.  One cmp with one cartridge 315  bore, one licensed gun with cartridge were recovered from  them.   When adequated  evidence was collected against  the accused, charge-sheet number 123/13 dated 19/10/13  was submitted to the concerned court.”

45) In respect of allegations relating to Crime No. 148/13  

under  Sections  147,  148,  149  and  396  IPC,  PS  Fughana,  

Muzaffarnagar, it is stated:

“The above case was registered by Dilsad s/o Sakeel r/o  

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Vill. Bahawadi P/s Fughana that on 8.09.13 his father was  forcibly taken away by named persons and was killed.  The  case  was  investigated  by  Insp.  Matadin  Verma.   When  Inquest  report  and  post  mortem  report  was  sought,  no  record  of  Inquest  and  Postmortem  was  found  either  in  Police  Station  or  in  CMO  office.   The  statement  of  complainant was recorded.  He said that he had identified  the  chhared  body  of  his  father  and  buried  in  the  graveyard.  After going through records of police station, it  was  found  that  one  post-mortem  report  was  extra  attached  in  the  FIR  of  case  crime  no.  143/13  of  P/s  Fughana which was related to the incident of village Lak  and  no  claimant  of  that  post-mortem  existed  neither  anyone  had  claimed  that  somebody  is  missing  from  village.  Thus, it was assumed that since there was great  commotion after the riots and more than 13 corpes were  brought  to  PS,  some  mistake  might  have  occurred  in  writing the place of incident in inquest report.  So, the post  mortem report was attached to the case no. 148/13.  But,  there was one anomaly that the age in Postmortem report  of deceased was 25 years, but the age of deceased in Cr.  No. 148/13 was more than 45 years.  But, fortunately since  the post-mortem report attached was of an unknown body,  its tooth, hair and other parts of the body were preserved  for DNA analysis.  The complainant has not turned up in  spite of repeated request both in written and personal by  the  investigating  officer  for  providing  blood  samples  necessary for the test.”

46) In the case of Crime No. 403/13, Police Station Jansath,  

Muzaffarnagar, the State has informed this Court that:

“On  27-08-13,  Sachin  s/o  Bisan  Singh  and  Gaurav  S/o  Ravindra Singh both resident of Malikpura p/s Jansath were  killed in village Kawal P/s Jansath.  In this regard, above  case was registered against 6 persons.  Out of six named  persons,  2  were  arrested  and  3  surrendered  before  the  court.  Chargesheet no. 185/13 dated 24-11-13 has been  filed against 5 accused.  Investigation against one person  is going on.”

47) In the case of Crime No. 404/13, Police Station Jansath,  

Muzaffarnagar, the State has informed this Court that:

“On 27-08-13, Sahnawaj s/o Salim r/o Kawal was killed in  

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village  Kawal.   In  this  regard,  the  above  case  was  registered  in  which  8  persons  were  named  including  Sachin and Gaurav who were killed in the village Kawal.  During investigation,  it  was found that no person of  the  name Yogendra s/o Prahlad r/o Malikpura (who was named  accused) exists in Malikpura.  One another person Nitin s/o  Ravinder whose name was later on given through affidavit  by witnesses had died six months before the incident.  Till  now  against  rest  six  persons,  no  evidence  of  their  involvement in crime has been found.”

48) Regarding allegations, viz., communal bias, the State,  

while  denying  all  those  allegations,  furnished  a  list  of  

arrested persons in communal violence in Muzaffarnagar and  

adjoining  districts.   Here  again,  it  is  furnished  that  the  

number of total arrested persons are 334, out of which, 256  

belonged to Hindu community and 78 belonged to Muslim  

community.  In addition to the same, they also furnished the  

names and addresses of the arrested accused, date of arrest,  

offences involved,  case number,  police station and district  

etc.   In  addition to the same,  they also furnished present  

status  of  cases  under  investigation,  community-wise  and  

district-wise.  It also shows the total registered cases in the  

districts  of  Muzaffarnagar,  Shamli,  Baghpat,  Saharanpur,  

Meerut in the police stations as 316, from the camps 250,  

number of cases registered by Muslims 492, number of cases  

registered by Hindus 40, cases registered by the police 34,  

true cases found till date 518, number of named persons in  

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those cases 6144, among those persons 5597 belonged to  

Hindu community and 547 belonged to Muslim community,  

number of persons against whom evidence found 984, etc.

Follow-up action in Rape/Molestation Cases:

49) Coming to the allegations relating to rape and inaction  

on the part of the police in apprehending the accused as well  

as for protection of the victims, the State has filed an Action  

Taken Report.  In that report, it was mentioned that in CC No.  

179 of 2013, Police Station Fugana, out of 5 accused, they  

arrested only one and in respect of remaining 4, non-bailable  

warrants  were  issued  and  steps  were  taken  for  declaring  

them as absconders under Section 82 of the Code.  Insofar as  

CC No. 300 of 2013, Police Station Fugana is concerned, 6  

persons were arrayed as accused but none was arrested so  

far and non-bailable warrants and proceedings under Section  

82 of the Code are pending against all of them.  As regards  

CC No. 360 of 2013, Police Station Fugana, out of 12 accused  

persons, none was arrested.  Similarly, in CC No. 361 of 2013,  

Police Station Fugana, two persons were shown as accused.  

Here again, none of them was arrested.

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50) Insofar as rape case pertaining to CC No. 300 of 2013,  

the State has furnished the following details:

Date of incident – 08.09.2013  

Date of reporting – 26.09.2013

Offences - under Sections 395, 397, 376D, 153A, 436 IPC

Police Station – Fugana, Muzaffarnagar

Place of Incident – Village Fugana

Date of medical examination – 29.09.2013

Date of the statement under Section 161 Cr.PC – 25.10.2013

Date of statement under Section 164 Cr.PC – 09.12.2013

51) In  the  said  case,  an  FIR  was  lodged  stating  that  six  

named  cuprits  committed  the  above  crime.   As  regards  

progress of the case, it is stated:

“The first investigation was taken by SI Esam Singh of P/s  Fughana and it was transferred to Insp. Dharmpal Singh of  SIC.   As  there  was  no  Lady  Police  Officer  in  SIC,  the  investigation  was  taken  by  Insp.  Mala  Yadav  of  SIC  on  18.10.13.   Statement  under  161  CrPC  was  recorded  on  25.10.13 as earlier attempt to contact victim could not be  made as  she had gone  to  Delhi  with  her  husband.   On  08.11.13 scene of crime was visited along with the victim.  In  her  161 Cr.PC  statement  and in  FIR  there  was some  contradiction  as in FIR she has said that  six person has  raped her but in 161 Crpc statement she said that only 4  person  raped  her  and  she  does  not  know  rest  of  the  person.   Further  her  call  details  did  not  match  161  statement.   Her  statement  had  to  be  verified  and  contradiction needed proper  justification.   Therefore,  the  investigating officer had to investigate the case cautiously.  Later  on  statement  of  other  witnesses  were  recorded.  Statement  under  164  Crpc  was  recorded  on  09.12.13.  After 164 Crpc statement some other statement had to be  taken.  Requisition of arrest was sent to the police station  

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on 02.01.14 and NBW was taken against all six accused.  Warrant  under  82  Crpc  has  been  taken  against  all  the  accused.  Raids were conducted to arrest the accused on  04.01.14, 05.01.14, 20.01.14.  Further raids are going on  to arrest the accused.”

52) As regards rape case pertaining to CC No. 360 of 2013,  

the State has furnished the following details:

Date of incident – 08.09.2013  

Date of reporting – 01.10.2013

Offences - under Sections 147, 148, 149, 452, 352, 376D IPC

Police Station – Fugana, Muzaffarnagar

Place of Incident – Village Fugana

Date of medical examination – 18.10.2013

Date of the statement under Section 161 Cr.PC – 25.10.2013

Date of statement under Section 164 Cr.PC – 11.12.2013

53) In  the  said  case,  an  FIR  was  lodged  stating  that  16  

named  cuprits  committed  the  above  crime.   As  regards  

progress of the case, it is stated:

“The investigation was started by SI R.S. Bhagaur of P/S  Fughana on 09.10.13.  It was taken by Insp. Mala Yadav of  SIC  on  18.10.13.   The  statement  under  161  Crpc  was  recorded on 25.10.13 as the victim had gone to Delhi.  The  statement under 161 Crpc and FIR were contradictory as  no.  of  persons  accused  of  rape  differed  from  FIR.  Therefore,  her  statement  had  to  be  verified  cautiously.  Place of incident was visited on 08.10.13 as she was not  available on other date.  Statement under 164 Crpc was  

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recorded  on  11.12.13.   Call  details  of  mob.  No.  did  not  match  with  the  incident.   Further  statement  of  other  witnesses has to be taken to corroborate the incident as  according to FIR her husband, Father in law, brother in law  and mother in law all were present at the time of incident.  After collecting all evidence requisition of arrest was given  on 18.01.14 to local police station.  NBW was taken and  sent on 23.01.14 and warrant under 82 Crpc was taken on  27.01.14.   Raids  were  conducted  on  18.01.14,  19.01.14  and on other dates in spite of strong resistance from local  villagers.”

54)  Regarding rape case pertaining to CC No. 179 of 2013,  

the State has furnished the following details:

Date of incident – 08.09.2013  

Date of reporting – 22.09.2013

Offences - under Sections 395, 342, 436, 153A, 506, 376D  IPC

Police Station – Fugana, Muzaffarnagar

Place of Incident – Village Fugana

Date of medical examination – 29.09.2013

Date of the statement under Section 161 Cr.PC – 24.10.2013

Date of statement under Section 164 Cr.PC – 09.12.2013

55) In  the  said  case,  FIR  was  lodged  against  5  named  

culprits.  As regards progress of the case, it is stated:

“The  case  was  registered  on  22.09.13  at  P/S  Fughana  Muzaffarnagar  by  the  victim.   The  investigation  was  initially  started  by  SI  Anil  Kumar  Jayant  of  SIC  on  30.09.2013 since at  that  time there  was no Lady Police  Officer  attached  to  the  SIC.   Medical  of  the  victim  was  done on 29.10.2013 by the local police.  The investigation  of the case was taken over by Lady Police Officer Inspector  Mala  Yadav on 18.10.13.   On 24.10.13 statement  under  161 Crpc  was  recorded  as  earlier  attempts  on 21.10.13  

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and 23.10.13 to record her statement could not be made  as the victim had gone to Delhi.  On 8.11.13 the scene of  the crime was inspected.  Earlier attempt to contact her  failed as she has gone to some relations.  In her statement  name of other witnesses also appeared but they could not  be  contacted.   Call  details  of  victim  was  also  taken  to  verify the statement given by her son and the victim.  The  statement  of  victim  differed  from  FIR  as  in  FIR  it  was  written that the culprits came from roof of the House but  in  her  statement  she  said  that  they  caught  her  on  the  road.   She  could  not  even  identify  the  scene  of  crime.  Besides  this  there  were  some  contradictions  in  her  statement  which  needed  proper  verification  as  she  had  stated that her domestic animals were stolen but it  was  found during investigation that she has taken her domestic  animals back from one inhabitants of vill.  Fughana.  The  clothes worn by her on the date of the incident could not  be recovered as she said that she had thrown it.  Her 164  Crpc statement was registered on 09.12.13.  The earlier  attempts to register her statement u/s 164 Crpc could not  succeed  because  she  was  not  available  even  though  Safina was sent to her under section 160 Crpc.  In her 164  Crpc  statement  she accused  all  the  5  named person  of  committing the crime.  The statements of other witnesses  were  also  recorded.   Therefore,  it  took  some  time  to  ensure that innocent persons may not become culprit and  proper  sufficient  evidence  is  collected  to  prosecute  the  offenders  and  all  contradiction  should  have  proper  and  reasonable  justification.   Requisition  of  arrest  under  55  Crpc against all 05 culprit was issued on 18-01-14.  NBW  was issued against accused on 20.01.14.  On 24.01.14 one  accused Vedpal was arrested.  On 27.01.14 Warrant under  82  Crpc  was  taken.   Meanwhile  attempts  to  arrest  the  accused was made on 18.01.14, 19.01.14 and even after  27.01.14,  though  under  severe  protest  from  villagers.  Further raids are being made to arrest the accused.  No  case of arson was found.”

56) It is seen from the above particulars that a total number  

of  six  cases  of  rape  were  registered  at  the  police  station  

Fugana of District Muzaffarnagar.  The cases were registered  

after more than 20 days from the date of incident.  According  

to  the  State,  investigation  in  all  the  six  cases  is  almost  

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complete.   After  taking  the  statement  of  victims  under  

Section 161 of the Code, scene of crime has been visited by  

the investigating officer along with other officers.  Medical  

examination of all the victims has been done and statements  

of all the victims have been recorded under Section 164 of  

the Code.  It is further seen that although 41 persons were  

named in all the six cases, investigation and the statement of  

victims  under  Section  164  of  the  Code  refers  only  to  22  

persons.  Only one accused had been arrested in the case of  

C.C. No. 179 of 2013 and proclamation under Section 82 of  

the Code has been issued against  rest  of the 21 accused  

persons.  It is also seen that raids are being conducted by  

local police to arrest the remaining accused.

57)  The particulars furnished further show that a total seven  

cases of molestation were registered during the communal  

violence.  After investigation and recording the statement of  

complainant  and  the  so-called  victims,  it  was  found  that  

there was no case of molestation. Charges of molestation in  

all the seven cases were found false.  Out of seven cases, in  

five  cases,  other  charges  of  dacoity  and  injury  were  also  

found false as the complainants denied occurrence of any  

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such incident.  In rest of the three cases, act of dacoity was  

claimed by the complainant.  Orders of arrest in Crl. No. 299  

of 2013 have been given against five persons.  In Crl. No. 254  

of  2013,  complainant  stated  involvement  of  19  out  of  22  

named persons of committing dacoity and arson.  Four fresh  

names were also given.  Investigation is going on to find out  

the  authenticity  of  involvement  of  accused  person  in  this  

case.   Similarly,  in  Crl.  No. 312 of 2013,  complainant  had  

named 14 persons but in statement under Section 161 of the  

Code, denied the charges of molestation.  The scene of crime  

showed arson in the house.  Though the complainant has not  

mentioned any act of arson in the house, the investigating  

officer has added the relevant Section in his investigation.  

Investigation  is  going  on  to  find  the  involvement  of  four  

named persons.

58)  In addition to the same, the State has also filed details  

of molestation cases, such as number of persons involved,  

offences,  police  station,  summary  of  FIRs,  progress  of  the  

case, etc.   

59) Regarding the allegation that  in the relief  camp rape  

has been committed, based on the information, Case No. 537  

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of  2013  under  Sections  376(g)  and  506  IPC  has  been  

registered against Sachin and Sushil and the investigation of  

the same has been initiated by Kawarpal Singh Inspector in  

charge.   During  the  investigation,  both  alleged  accused  

Sachin and Sushil have been arrested and sent to the jail on  

03.11.2013.   Both  the  accused  are  in  jail.   In  the  

investigation,  proper  and  sufficient  evidence  have  been  

found against both the accused and charge-sheet No. 73 of  

2013  dated  08.12.2013  has  been  presented  to  the  court  

concerned.

60) Apart  from the  above particulars,  the  State  has  also  

placed  the  actual  statement  of  rape  victims  made  under  

Section 164 of the Code before the court concerned.   We  

have also perused the same.

61) With regard to various allegations raised in Writ Petition  

(Criminal)  No.11  of  2014  relating  to  the  rape  victims,  a  

request for recording fresh statement under Section 164 of  

the  Code  was  made.   Responding  to  this,  the  State  has  

informed that the statement made by Petitioner No. 4 under  

Section 164 of the Code had not supported her version in FIR  

No. 141 of 2013 and Case Crime No. 296 of 2013.  During the  

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course of arguments,  learned senior  counsel  for  the State  

agreed to record the statement of Petitioner No.4 before a  

lady Magistrate if  the petitioner is willing to appear.   It  is  

clarified by the State that pursuant to the above statement,  

the  I.O.  concerned  got  in  touch  with  Petitioner  No.4  on  

17.02.2014  and  explained  the  circumstances  to  her  for  

making a fresh statement under Section 164 of the Code to a  

lady  Magistrate.   However,  according  to  the  respondent-

State,  Petitioner  No.4 declined to make a  fresh statement  

under Section 164 of the Code before the lady Magistrate as  

requested.  In addition to the same, counsel for the State has  

also brought to our notice the statement of Petitioner No.4  

and video proceedings which are available with the State for  

perusal as and when desired by this Court.  

62) Regarding the lack of security cover to the rape victims,  

on behalf of the State, it is brought to our notice that the  

State  of  U.P.  has  provided  security  cover  to  all  the  rape  

victims,  except Petitioner  No.4 in whose case Final  Report  

has been filed.  It is also brought to our notice that Petitioner  

No.1 and her husband had been provided security earlier.  It  

is also stated that all the rape victims refused security cover  

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being  provided  by  a  lady  constable  and  on  seeing  the  

sensitivity of the matter, the State has provided them with  

one male  and one female security  personnel.   As per  the  

materials placed, the following are the details of the security  

personnel provided to the petitioners:

S.No. Petitioner No. Particulars

1. Petitioner No.1 Gunner  Constable  No.  304  armed  police  Ravi  Kumar/Lady  Constable  No. 890 Nisha  

2. Petitioner No.2 Gunner  Constable  No.  238  armed  police  Anil  Kumar/Lady  Constable  No. 1195 Anjula  

3. Petitioner No.3 Gunner  Constable  No.  313  armed  police  Narendra  Kumar  /Lady  Constable No. 157 Kashtina  

4. Petitioner No.5 Gunner  Constable  No.  55  armed  police  Arun  Kumar/Lady  Constable  No. 1991 Savita  

5. Petitioner No.6 Gunner  Constable  No.  319  armed  police Vineet Kumar/Lady Constable  No. 1302 Meenakshi  

6. Petitioner No.7 Gunner  Constable  No.  232  armed  police  Ravish/Lady  Constable  No.  1023 Bharti  

63) Regarding non-registration of FIR on the complaint sent  

by Petitioner No.7, the State has informed this Court that FIR  

No.  18  of  2014  being  Case  Crime  No.  37  of  2014  under  

Sections 376D and 506 of the IPC at Police Station Fugana  

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stands registered even on 18.02.2014.  It is also brought to  

our notice that the following accused persons, viz., Kuldeep,  

Maheshveer and Sikandar have been made accused in the  

said  case  crime  and  investigation  had  already  been  

commenced.   As  on  date,  Petitioner  No.  7  has  also  been  

provided with one male and one female security personnel.   

64) In respect of arrest of accused persons in cases related  

to the offence of rape, the State has highlighted that so far  

50 teams of police personnel have been constituted.  Each  

team is led by a Sub-Inspector and has 2-3 constables.  Each  

team has been allotted 3-4 accused and has been given a  

specific time frame to affect these arrests since during the  

raids, it  has been found that the accused persons are not  

staying in their native villages.  These teams will track the  

location and have a focussed strategy of arresting targetted  

persons.  In addition to the same, it is highlighted that two  

companies  of  the  State  Paramilitary  Force  have  been  

earmarked for assisting these arresting squads.  Additional  

SP, Crime, Muzaffarnagar has been made in-charge of arrest  

operations.   It  is  also  assured  to  this  Court  that  despite  

resistance to arrests, police has successfully conducted raids  

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on the houses and probable places of hiding in villages on  

regular basis.  

Action taken in murder and other offences:

65) Regarding  murders  which  occasioned  during  the  

violence, the State has filed a compilation containing list of  

named accused who were found false in murder cases.  The  

particulars furnished by them show that  about 70 persons  

(54  Hindus  and  16  Muslims)  were  shown as  accused  and  

after  investigation  it  was  found  that  they  were  falsely  

implicated.   In the Action Taken Report dated 08.02.2014,  

under the caption “murder cases”, the State has furnished  

information  that  in  Muzaffarnagar,  Shamli,  Bagpat,  

Saharanpur, Meerut, 857 persons were implicated and after  

investigation they identified the total true accused as 337,  

out of which 94 persons were arrested, 14 surrendered, 6  

reported dead and non-bailable warrants are pending against  

198, Section 82 proceedings pending against 119, Section 83  

proceedings pending against 3 and 6 persons were detained  

under the National Security Act.  The details furnished further  

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show that a total of 59 cases are being investigated by SIC.  

In these cases, 741 persons were named and 116 persons  

were brought to light.  Of these, evidence has been found  

against  337 persons.   Requisition of arrest  has  been sent  

against 289 accused.  94 accused have been arrested and 14  

have surrendered before the Court.  6 accused died during  

investigation.   Non-bailable  warrants  against  193  accused  

have been issued and action under Section 82 of the Code  

has been taken against 116 accused.  Action under Section  

83 of the Code has been taken against 3 accused.  Charge-

sheet was filed against 55 accused.  70 persons were found  

false.  Cases against 450 persons named/brought to light are  

under investigation.

66) In addition to the same, the State has also furnished  

details  showing  the  names  of  the  accused  found  true  in  

murder cases.  It shows that a total number of 322 accused  

were  found  true,  which  consists  of  286  from  Hindu  

community and 36 from Muslim community.  The chart also  

shows the names and residential particulars, crime number,  

police  station,  other  details  about  action  against  those  

accused.  The State also filed list of surrendered accused in  

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murder cases which comes to total 13 persons (4 from Hindu  

community  and  9  from  Muslim  community),  all  from  

Muzaffarnagar district.  The chart also shows the names and  

residential particulars, case number, police station, offences  

under various enactments, date of surrender, etc.

Cancellation of Bail:

67) Regarding  cancellation  of  bail  orders,  on  hearing  the  

counsel  for  the  petitioners,  this  Court  sought  details  of  

cancellation of bail and action undertaken by the State with  

regard to those accused who have been granted bail either  

by the Court of Magistrate or Sessions Court.  In response to  

the same, the State has furnished that against 26 accused  

persons, the State has moved for cancellation of bail before  

the Court of Sessions.  In addition to the same, the State has  

also placed a chart showing the details of cases in which the  

State has moved before the Court of Sessions.  The details  

furnished show that in 26 cases in which the accused persons  

were  charged  with  various  offences  under  IPC  read  with  

Criminal  Amendment  Act,  though  court  concerned  has  

granted  bail,  the  State  has  moved  an  application  for  

cancellation of the same.  The State Authorities are directed  

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to  pursue  the  same effectively.   It  is  also  brought  to  our  

notice  that  in  another  set  of  petitions  where  the  accused  

persons have been granted bail by the competent court, the  

State  has  already  given  approval  to  file  application  for  

cancellation  of  bail  before  the  High  Court  and  the  

Government  counsel  has  been  instructed  that  necessary  

action  may  be  taken  for  moving  such  applications.   The  

details of moving applications for cancellation of bail against  

57 accused persons to be filed before the High Court  are  

furnished before this Court for our perusal.  The Government  

counsel  has  also  brought  to  our  notice  such  government  

orders  instructing  for  moving  such  applications  for  

cancellation.  During the course of hearing, the counsel for  

the State has also brought to our notice Government Order  

dated  09.01.2014 for  cancellation of  the  bail  of  Azad and  

others in Case Crime No. 415 of 2013.   

68) During the course of hearing, various counsel appearing  

for the petitioners submitted that bail has been granted to  

some accused persons as the State had not strongly opposed  

their bail applications.  By drawing our attention to certain  

documents placed before us, the counsel for the State has  

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pointed  out  that  the  Additional  Public  Prosecutor  had  

opposed the grant of bail then and there.  

69) Regarding  action  taken  against  persons  belonging  to  

various  political  parties,  it  is  highlighted  that  the  State  

Government has taken strict action against all the accused  

persons  irrespective  of  their  political  affiliation.   Learned  

counsel for the State has pointed out that  even the State  

Government invoked the provisions of National Security Act  

wherever required.  It is pointed out that the provisions of  

National Security Act were invoked against 11 persons.  Mr.  

Sangeet Som, MLA, BJP and Mr. Suresh Rana, MLA, BJP were  

amongst those 11 persons.  The chart produced by the State  

for our consideration shows that against 11 persons hailing  

from Districts Muzaffarnagar, Shamli and Baghpat detention  

under National Security Act was claimed and the appropriate  

Board approved five detention orders and disapproved 6.   

70) In addition to the same, the State of U.P. has moved  

application  for  cancellation of  bail  in  relation  to  Mr.  Kadir  

Rana,  M.P.  BSP,  Mr.  Suresh  Rana,  MLA,  BJP,  Mr.  Kunwar  

Bhartendu, MLA, BJP and Mr. Shyam Lal.  The State has also  

assured  that  against  Mr.  Sangeet  Som,  MLA  BJP  an  

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application for cancellation of bail will be moved by the State  

of UP before the Allahabad High Court.  It is also brought to  

our notice that against Mr. Sangeet Som, a case Crime No.  

888/13 under Sections 153A, 420, 120B and 66AE of the IT  

Act read with 7th Criminal Law Amendment Act was lodged in  

which it was alleged that the accused had uploaded a false  

and inflammatory video clipping intended to incite communal  

violence in the State.  In this regard, it is submitted that the  

said clipping was uploaded on the social website-Facebook  

which  has  its  server  in  the  US.   It  is  submitted  that  the  

request  for  providing  the  details  of  the  IP  address  of  the  

computer which has been used to upload the said video is  

being made to the said company following the provisions of  

Section 166A of the Code.  Letter dated 26.11.2013, written  

by the Under Secretary, Government of India to the Home  

Department, State of U.P. is also placed before us.  

Follow-up action initiated for Missing Persons:

71) With  regard  to  the  allegations  regarding  missing  

persons, the State has placed materials to show that there  

were total 24 reported missing persons, out of which 3 have  

been traced and have returned to their houses and 2 dead  

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bodies  have  been  found.   Remaining  19  persons  are  still  

missing  and  the  State  administration  has  assured  that  

necessary steps have been taken for the same.  If any person  

is declared dead in terms of Registration of Births and Deaths  

Act, 1969 and the Indian Evidence Act, the State will consider  

for paying compensation to the kith and kin of their families.  

Whether investigation by SIT/CBI is required:

72) Regarding  the  claim  for  transfer  of  investigation  to  

specialized agency like the Central Bureau of Investigation  

(CBI) or Special Investigation Team (SIT) or transfer of trial  

outside the State of U.P., it is useful to refer the principles  

enunciated by this Court in various decisions:-

73) In Common Cause, A Registered Society vs. Union  

of India and Others, (1999) 6 SCC 667, while considering  

the  scope  and  ambit  of  a  criminal  case  being  tried  or  to  

direct an investigation by the CBI, a three-Judge Bench of this  

Court held as under:-

“174. The other direction, namely, the direction to CBI to  investigate  “any  other  offence”  is  wholly  erroneous  and  cannot be sustained. Obviously, direction for investigation  can be given only if  an offence is, prima facie, found to  have been committed or a person’s involvement is prima  facie  established,  but  a  direction  to  CBI  to  investigate  

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whether  any  person  has  committed  an  offence  or  not  cannot  be  legally  given.  Such  a  direction  would  be  contrary  to  the  concept  and  philosophy  of  “LIFE”  and  “LIBERTY” guaranteed to a person under Article 21 of the  Constitution.  This  direction  is  in  complete  negation  of  various  decisions  of  this  Court  in  which  the  concept  of  “LIFE” has been explained in a manner which has infused  “LIFE” into the letters of Article 21.”

74) In Secretary, Minor Irrigation & Rural Engineering  

Services, U.P. and Others vs.  Sahngoo Ram Arya and  

Another, (2002) 5 SCC 521, again, considering the power of  

the High Court under Article 226 to direct an inquiry by the  

CBI, this Court held thus:

“5. While none can dispute the power of the High Court  under  Article  226  to  direct  an  inquiry  by  CBI,  the  said  power  can  be  exercised  only  in  cases  where  there  is  sufficient material to come to a prima facie conclusion that  there is a need for such inquiry. It is not sufficient to have  such material in the pleadings. On the contrary, there is a  need for the High Court on consideration of such pleadings  to  come to  the  conclusion  that  the  material  before  it  is  sufficient  to  direct  such  an  inquiry  by  CBI.  This  is  a  requirement which is clearly deducible from the judgment  of this Court in the case of Common Cause.

75) In State of West Bengal and Others vs. Committee  

for Protection of Democratic Rights, West Bengal and  

Others, (2010) 3 SCC 571, a Constitution Bench of this Court  

while considering direction of High Court under Article 226 or  

this Court under Article 32, directing the CBI to investigate  

cognizable  offence  in  a  State  without  the  consent  of  the  

State  Government,  explained  its  scope  and  permissibility.  

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Among various reasons, the direction in para 70 is relevant  

which is as under:

70. Before parting with the case, we deem it necessary to  emphasise that despite wide powers conferred by Articles  32 and 226 of the Constitution, while passing any order,  the  Courts  must  bear  in  mind  certain  self-imposed  limitations on the exercise of these constitutional powers.  The very  plenitude  of  the power  under  the  said  articles  requires  great  caution  in  its  exercise.  Insofar  as  the  question  of  issuing  a  direction  to  CBI  to  conduct  investigation in a case is concerned, although no inflexible  guidelines can be laid down to decide whether or not such  power should be exercised but time and again it has been  reiterated  that  such an  order  is  not  to  be  passed  as  a  matter of routine or merely because a party has levelled  some  allegations  against  the  local  police.  This  extraordinary  power  must  be  exercised  sparingly,  cautiously and in exceptional situations where it becomes  necessary  to  provide  credibility  and  instil  confidence  in  investigations  or  where  the  incident  may  have  national  and  international  ramifications  or  where  such  an  order  may be necessary for doing complete justice and enforcing  the fundamental  rights.  Otherwise  CBI  would  be flooded  with a large number of cases and with limited resources,  may find  it  difficult  to  properly  investigate  even serious  cases and in the process lose its credibility  and purpose  with unsatisfactory investigations.”

76) With these principles, let us test whether the case on  

hand, particularly, at this juncture is required to be entrusted  

to CBI or SIT to be formed with personnel from other States.  

77) Almost all the petitioners, either victims, NGOs, persons  

hailing  from  that  region,  prayed  for  an  independent  

investigation  of  the  entire  incident  relating  to  communal  

violence  and  the  subsequent  action  either  by  the  Special  

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Investigation Team (SIT) consisting of officers from outside  

U.P. or by the independent Agency like CBI.  We have already  

referred and adverted to the grievance of various group of  

persons,  organizations  as  well  as  the  stand  taken  by  the  

Union of India and specific stand taken by the State of Uttar  

Pradesh  including  having taken  appropriate  action against  

the  culprits,  rehabilitation  measures  for  the  victims,  

compensation for the loss of properties, both movable and  

immovable, for injuries, both simple and grievous, and fatal  

cases.   The State  has also highlighted the  steps taken  in  

respect of rape victims due to the communal violence and  

rehabilitation measures for those victims.  In addition to the  

same, the State has also highlighted the cases filed against  

the  persons  concerned  irrespective  of  their  political  

affiliations,  cases  filed  against  political  persons,  either  

MLA/MPs and the status as on date.

78) It is not in dispute that subsequent to the incident that  

took  place  on  07.09.2013  and  afterwards,  in  and  around  

Muzaffarnagar,  a  large  number  of  persons,  particularly,  

villagers  from within  and  neighbouring  districts,  fled  from  

their homes out of fear and took shelter in relief camps in  

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various villages of two districts of Muzaffarnagar and Shamli.  

It is also seen that total 58 camps were made functional of  

which  41  camps  were  established  in  the  district  

Muzaffarnagar and 17 in the district Shamli.   

79) The  incidents  of  communal  disturbance  flared  up  

sometimes  on  flimsy  grounds  blaming  one  community  to  

other.  Whatever may be, after the Mahapanchayat that took  

place on 07.09.2013, certain incidents such as eve teasing of  

other community girls followed by murders had taken place.  

Further,  inasmuch  as  thousands  of  people  gathered  at  a  

particular  place in  order to take revenge or retaliate,  it  is  

expected by the State intelligence agencies to apprise the  

State  Government  and  the  District  Administration  in  

particular, to prevent such communal violence.  Though the  

Central  Government  even on day one informed this  Court  

through  the  Attorney  General  for  India  that  all  necessary  

help, both financially and for maintaining law and order, had  

been  provided  to  the  State,  there  is  no  authoritative  

information  to  this  Court  whether  there  was any  advance  

intimation  to  the  State  about  the  communal  violence.  

Likewise, though the State has enumerated several aspects  

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in  the  form  of  eleven  compliance  reports,  there  is  no  

information to this Court whether the District Administration  

was sounded about  the  proposed action between the  two  

communities.   Had  the  Central  and  State  intelligence  

agencies smelt these problems in advance and alerted the  

District Administration, the unfortunate incidents could have  

been  prevented.  Thus,  we  prima  facie hold  the  State  

government  responsible  for  being  negligent  at  the  initial  

stage  in  not  anticipating  the  communal  violence  and  for  

taking necessary steps for its prevention.   

80) At  this  juncture,  viz.,  after  a  period  of  six  months,  

whether an agency other than the State is to be directed to  

investigate  and take  appropriate  steps.   We have already  

noted  various  circumstances  under  which  the  court  can  

entrust investigation to agency other than the State such as  

SIT or CBI.  We have to keep in mind, as observed by the  

Constitution  Bench  referred  to  supra,  that  no  inflexible  

guidelines can be laid down to decide whether or not such  

power should be exercised.  However, this Court reiterated  

that such order is not to be passed as a matter of routine or  

merely  because  a  party  has  levelled  some  allegations  

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against the State police.  In other words, this extraordinary  

power  must  be  exercised  sparingly,  cautiously  and  in  

exceptional situations where it becomes necessary to provide  

credibility or instill confidence in investigation or where such  

an  order  may  be  necessary  for  doing  complete  justice  in  

enforcing  the  fundamental  rights.   Apart  from  this,  

immediately after the occurrence, Writ Petition (Crl.) No. 155  

of 2013 came to be filed in this Court even in the first week  

of September, 2013.  Pursuant to the same, this Court, after  

taking  note  of  the  importance  of  the  issues,  viz.,  many  

people  lost  their  lives  and  properties,  sufferings  of  both  

communities and children,  issued various directions to the  

State  and  the  Central  Government.   We  have  already  

extracted those orders in the earlier part of our judgment.    

81) It is relevant to note that based on various orders of this  

Court, even after the incident, the State itself has constituted  

a Special Investigation Cell (SIC).  It is also brought to our  

notice that a total of 566 cases are being investigated by the  

SIC and after noting that many cases were false and many  

persons were wrongly named in the FIRs, 549 names have  

been removed.  A total  of 48 registered cases have been  

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found false and have been removed from the records.  It is  

also  brought  to  our  notice  that  names  of  69  persons  in  

murder cases have been found false and those names have  

also been removed from the array of parties.  The details  

furnished by the State also show that after constitution of the  

SIC in  September,  it  inquired about all  those persons who  

had fled from their villages and had taken refuge in various  

relief camps and noted their problems by taking list of such  

persons staying in camps and getting their mobile numbers.  

The SIC also recorded the statements of the complainants  

and witnesses.  We have already referred to the total number  

of arrested persons in communal violence in Muzaffarnagar  

and adjoining areas, list of total surrendered accused in the  

investigated cases, number of persons against whom action  

was  taken  due  to  communal  violence,  details  regarding  

political  persons,  difficulties  faced by the  District  Police in  

making arrests,  details  regarding recovery of AK-47 and 9  

MM cartridges in village Kirthal P.S. Ramola, District Baghpat.  

They also placed the details about the steps taken in respect  

of case Crime No. 148 of 2013 (Fagana, Muzaffarnagar) and  

403/2013 (Janath, Muzaffarnagar).  In the list of persons, SIC  

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also noted community-wise affiliation of their political parties  

etc.   

82) In respect of cases of rape, the State has assured this  

Court that they are taking effective steps to apprehend all  

the  accused  and  in  providing  security  cover  to  the  rape  

victims.  50 teams of police personnel have been constituted  

in  order  to  arrest  the  accused  persons in  rape  and other  

cases.  The State has also filed details and progress of rape  

and  molestation  cases,  statement  of  rape  victims  under  

Section 164 of the Code etc.  

83) We  have  already  noted  that  action  had  been  taken  

against  11  persons  under  the  provisions  of  the  National  

Security Act as well as persons belonging to various political  

parties.  The State has also furnished the details regarding  

24 missing persons out of which 3 have been traced and is  

taking  effective  steps  for  tracing  the  remaining  missing  

persons.  

84) In  respect  of  murder  cases,  the  State  has  filed  a  

separate  chart  showing  the  list  of  accused  persons,  

verification of persons concerned who were involved, list of  

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surrendered  accused  in  murder  cases  as  well  as  various  

other steps for apprehending the remaining accused.  The  

State  has  also  highlighted  that  through  their  public  

prosecutors/  counsel,  it  is  taking  effective  steps  for  

cancellation of bail in those heinous crimes in which persons  

involved have secured bail.  

85) In the light of various steps taken by the State, facts  

and figures, statistics supported by materials coupled with  

the various principles  enunciated in  the decisions referred  

above, we are of the view that there is no need to either  

constitute SIT or entrust the investigation to the CBI at this  

juncture.  However, we are conscious of the fact that more  

effective  and  stringent  measures  are  to  be  taken  by  the  

State  administration  for  which  we  are  issuing  several  

directions hereunder.

Victim Compensation in Rape Cases:

86) As a long term measure to curb such crimes, a large  

societal  change  is  required  via  education  and  awareness.  

The  Government  will  have  to  formulate  and  implement  

policies  in  order  to  uplift  the  socio-economic  conditions of  

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women, sensitization of police and other concerned parties  

towards the need for gender equality and it must be done  

with  focus  in  areas  where  statistically  there  is  higher  

percentage of crimes against women.

87) No compensation can be adequate nor can it be of any  

respite  for  the  victims  but  as  the  State  has  failed  in  

protecting such serious violation of fundamental rights, the  

State  is  duty  bound  to  provide  compensation,  which  may  

help  in  victims’  rehabilitation.  The  humiliation  or  the  

reputation that is snuffed out cannot be recompensed but  

then  monetary  compensation  will  at  least  provide  some  

solace.

88) In 2009, a new Section 357A was introduced in the Code  

which  casts  a  responsibility  on  the  State  Governments  to  

formulate Schemes for compensation to the victims of crime  

in  coordination  with  the  Central  Government  whereas,  

previously,  Section  357  ruled  the  field  which  was  not  

mandatory in nature and only the offender can be directed to  

pay compensation to the victim under this Section.  Under  

the new Section 357A, the onus is put on the District Legal  

Service  Authority  or  State  Legal  Service  Authority  to  

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determine  the  quantum  of  compensation  in  each  case.  

However,  no  rigid  formula  can  be  evolved  as  to  have  a  

uniform amount, it should vary in facts and circumstances of  

each case.  Nevertheless, the obligation of the State does not  

extinguish  on  payment  of  compensation,  rehabilitation  of  

victim is also of paramount importance.  The mental trauma  

that the victim suffers due to the commission of such heinous  

crime, rehabilitation becomes a must in each and every case.

89) Considering the facts and circumstances of these cases,  

we are of the view that the victims in the given case should  

be paid a compensation of Rs. 5 lakhs each for rehabilitation  

by the State Government.  We, accordingly, direct the State  

Government to make payment of Rs. 5 lakhs, in addition to  

various other benefits, within 4 weeks from today.  Further,  

we also wish to clarify that, according to Section 357B, the  

compensation  payable  by  the  State  Government  under  

Section 357A shall be in addition to the payment of fine to  

the victim under Section 326A or Section 376D of the IPC.  

Directions relating to rape cases:

90) We have already noted various steps taken by the State  

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in respect of rape cases.  In addition to the same, in the light  

of  the  apprehensions/grievance  expressed  by  the  learned  

counsel for the petitioner in W.P. (Crl.) No. 11 of 2014, we  

issue the following directions:         

1) The SIC  is  directed  to arrest  and produce before the  

Court all the persons concerned in respect of petitioners in  

W.P. (Crl.) No. 11 of 2014 as well as other affected victims  

within a  time-bound manner.   They are also directed to  

record the statement of the victims under Section 164 of  

the Code before a lady Magistrate even if they had made a  

statement, if they desire to make additional statement, the  

same may be recorded as requested.  

2) The security cover provided to rape victims as furnished  

before  this  Court  shall  continue  till  they  desire  or  

completion of the trial whichever is later.

3) The victims of rape who are parties in W.P. (Crl.) No. 11  

of  2014  as  well  as  other  rape  victims  are  to  be  paid  

compensation of Rs. 5 lakhs each, in addition to various  

other benefits, by the State Government within a period of  

4 weeks from today.  

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4) The  State  is  also  directed  to  provide  other  financial  

assistance as well as any other scheme applicable to them  

for  their  betterment  and  to  continue  their  normal  

avocation.  

Directions regarding other offences including murder:

1) Sincere  efforts  shall  be  made  to  apprehend  all  the  

accused  irrespective  of  political  affiliation  and  produce  

them before the appropriate court.

2) The  particulars  furnished  by  the  State  in  respect  of  

criminal  action  taken  against  political  persons  shall  be  

continued by placing acceptable materials before the court  

concerned.  

3) The  reason  given  by  the  State  Police  that  whenever  

efforts were made to arrest the persons involved, women  

folk  of  their  village  form a  human  chain  and  block  the  

police  in  execution  of  their  work  is  unacceptable  and  

untenable.  If  there is reliable material  against a person  

irrespective of the community or religion, the police have  

to  take  sincere  efforts  in  arresting  those  persons  and  

produce them before the court concerned.  There shall not  

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be any let up and upon failure on the part of the police,  

action will be taken against the officers concerned.  The  

victims  or  aggrieved  persons  are  free  to  move  such  

application before the jurisdictional court.  

4) In  respect  of  recovery  of  AK-47,  9  mm  cartridges  in  

village  Kirthal,  the  police  have  to  identify  the  persons  

concerned and proceed against them under the provisions  

of IPC and Arms Act.  

5) In  respect  of  Case Crime No.  148/2013,  P.S.  Fugana,  

Case  Crime  No.  403/2013,  404/2013  P.S.  Jansath,  more  

efforts  must  be  taken  for  apprehending  all  the  genuine  

accused and to produce them before the court for further  

action.  

6) The investigating authorities should eschew communal  

bias and proceed against all the offenders irrespective of  

their caste, community and religion.   

7) In  the case of murders,  the police must  take sincere  

efforts to identify and arrest the real culprits within a time-

bound manner preferably within a period of two months  

and  report  the  same  before  the  jurisdictional  court  

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concerned.  

8) In heinous crimes, including murder cases, if any of the  

real  accused  was  granted  bail,  as  assured  before  this  

Court,  the  District  Administration  has  to  take  effective  

steps for cancellation of their bail in appropriate cases.  

9) As assured before this Court, the persons concerned in  

the  higher  level  to  follow  the  letters  issued  to  various  

government  counsel/police  officers/I.O.  for  apprehending  

the real accused and re-arresting the released persons by  

getting appropriate orders from the court concerned.  

10) The authorities concerned should continue to take  

effective steps to locate the missing persons.

Financial Assistance/Rehabilitation measures:

1) Children  who  died  in  the  violence  as  well  as  in  the  

camps  due  to  cold  weather  conditions  shall  be  

compensated to their parents as that of others.  

2) The  State  is  directed  to  identify  the  left  out  injured  

persons (simple/grievous), next kin of the deceased who  

died  in  the  communal  violence  and  settle  the  

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compensation agreed to before this Court (Rs. 10,00,000 +  

Rs. 3,00,000 + Rs. 2,00,000 = Total Rs. 15,00,000).  It is  

also  directed  to  settle  compensation  for  the  damages  

caused  to  movable/immovable  properties  of  the  person  

concerned  due  to the  violence if  they  have not  already  

received the same.  Any of the victims referred above such  

as rape victims and the family members of the deceased  

who died in  the violence,  if  they have not received any  

amount  so  far,  they  are  permitted  to  make  proper  

application to the local/district authority concerned within a  

period of one month from today.  If any such application is  

made, the authorities concerned are directed to verify and  

after satisfaction settle the eligible amounts within a period  

of one month thereafter. The District Administration is also  

directed to implement Rani Lakshmibai Pension Yojana to  

eligible persons and consider the case of persons who were  

left out or who have not made any such application till this  

date.  Any of the victims, if need arise, may also approach  

the  District  Legal  Services  Authority  and  the  DLSAs  are  

directed to provide necessary help to the victims in the  

light of various directions referred above.

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3) For any reason, after receipt of Rs. 5 lakhs those who  

want to settle to other places than the place of occurrence  

after change of mind and in order to join their relatives and  

friends in the village/place where they lived at the time of  

violence, are permitted to resettle, in that event, the State  

is  directed  not  to  recover  the  amount  already  paid.  

However, the State is free to ascertain the genuineness of  

those persons concerned in their effort to resettle in the  

same place.  The District Administration has to make all  

endeavours for their peaceful return to the same place in  

order  to  continue  the  same  avocation  along  with  their  

relatives and friends.  

4) The officers who have grievance about their transfer on  

vindictive ground from the district concerned to far away  

places are free to make a representation to the competent  

authority within a period of one month from today.  If any  

such representation is made and if the same is acceptable,  

the  competent  authority  is  directed  to  take  a  fresh  

decision.  

5) Adequate compensation should be paid to the farmers  

who  lost  their  source  of  livelihood,  namely,  tractors,  

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cattles, sugarcane crops etc.  In this category, the farmers  

who  were  yet  to  get  compensation  for  the  same  are  

permitted to make a representation within one month from  

today  supported  by  materials  to  the  local/district  

administration.   If  any such representation is  made,  the  

same shall be considered and disposed off within a period  

of one month thereafter.  

91) Finally, we reiterate that it is the responsibility of the  

State  Administration  in  association  with  the  intelligence  

agencies  of  both  State  and  Centre  to  prevent  such  

recurrence of communal violence in any part of the State.  It  

is made clear  that  the officers responsible for maintaining  

law and order, if found negligent, should be brought under  

the ambit of law irrespective of their status.  It is important  

that the relief, as enumerated above, not only be provided to  

all needy families irrespective of their religion but it should  

also be provided to only genuinely affected families.  

92) With the above directions, we dispose of all the matters  

including  the  intervention  applications.   However,  the  

affected  persons,  if  they  come  across  any  impediment  in  

implementing  the  above  directions,  are  permitted  to  

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highlight  their  grievance  by  filing  application  before  this  

Court in the above matters after a period of two months from  

today.  It is made clear that only after exhaustion of efforts  

with the District authorities concerned, they are permitted to  

file such application in the above disposed off matters.  In  

those cases which have not been transferred to this Court  

and are still pending before the High Court of Allahabad, the  

parties are free to move the High Court for disposal of the  

same in accordance with the above directions.        

    ……….…………………………CJI.              (P. SATHASIVAM)   

                                   ……….……………………………J.                        (RANJANA PRAKASH DESAI)   

            ……….……………………………J.                        (RANJAN GOGOI)  

NEW DELHI; MARCH 26, 2014.

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