NEW DELHI, Mar 26:
In a jolt to the Akhilesh Yadav Government in UP, the Supreme Court today held that it was prima facie responsible for negligence in preventing communal violence in Muzaffarnagar and adjoining areas but refused to direct a CBI or SIT probe into the cases.
A Bench headed by Chief Justice P Sathasivam said that the incidents of communal clashes and subsequent violence could have been prevented by the Samajwadi Party-ruled Government if the intelligence agencies had detected these problems.
“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,” it said.
The Bench, also comprising justices Ranjana Prakash Desai and Ranjan Gogoi, directed the Government to pay compensation of Rs 15 lakh to family members of those who lost their life and Rs 5 lakh to rape victims.
It passed a slew of directions for proper investigation in the cases and directed the Government to bring to book all accused irrespective of their caste, religion and political affiliation.
The court said that CBI or SIT probe cannot be directed at this stage in view of various steps taken by the State Government including the setting up of Special Investigation Cell.
“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,” it said.
The apex court said the security cover provided to rape victims shall continue till they desire or completion of the trial, whichever is later, and criminal action taken against political persons shall be continued by placing acceptable materials before the court concerned.
“Sincere efforts shall be made to apprehend all the accused irrespective of political affiliation and produce them before the appropriate court,” the Bench said, adding, “The investigating authorities should eschew communal bias and proceed against all the offenders irrespective of their caste, community and religion”.
It also directed that the State Government shall not recover the amount given to people for settling in other places if they want to come back to reside at their place.
“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,” it said.
The communal violence, which had broken out on September 7, last year in Muzaffarnagar and adjoining towns, had claimed over 40 lives. It left 85 others injured and rendered 51,000 people, mostly Muslims, homeless. (PTI)
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