NEW DELHI: The Supreme Court on Friday granted bail to two more convicts in connection with the massacre of 38 persons at Hashimpura in UP by the Provincial Armed Constabulary personnel. The apex court on December 6 granted bail to eight convicts in the case.
A bench comprising Justices Abhay S Oka and Augustine George Masih on Friday took note of the submissions of senior advocate Amit Anand Tiwari, appearing for Budhi Singh, who sought grant of bail on the ground of parity, saying he was in jail for over six years like other convicts.
Senior advocate Shadan Farasat represented convict Basant Ballabh and sought the relief on the same ground.
The bench referred to its previous order and granted bail to both convicts.
Tiwari, while representing some of the convicts, had argued the appellants were in jail for over six years since the high court verdict.
He highlighted the appellants were previously acquitted by the trial court and their conduct during the trial, and appeal process, was exemplary.
He had further contended that the reversal of the trial court’s well-reasoned acquittal by the high court was based on erroneous grounds.
The Hashimpura massacre occurred on May 22, 1987, when Provincial Armed Constabulary (PAC) personnel, belonging to the 41st Battalion’s “C-Company”, said to have rounded up approximately 50 Muslim men from Hashimpura in Meerut, UP, during communal tensions.
The victims were taken to the city outskirts on the pretext of being ferried to a safer place due to communal riots.
They were fatally shot there, and their bodies were dumped in a canal.
The incident resulted in the death of 38 persons, leaving only five survivors to recount the horror.
The trial court, in 2015, acquitted 16 PAC personnel, citing a lack of evidence to establish their identification and involvement.
The Delhi High Court, in 2018, reversed the trial court’s decision and convicted the 16 accused under Sections 302 (murder), 364 (kidnapping or abducting in order to murder), and 201 (causing disappearance of evidence) read with Section 120B (criminal conspiracy) of the IPC, sentencing them to life imprisonment.
The convicts challenged the high court’s verdict, and their appeals were pending in the top court.
A chargesheet was filed against C-Company’s 19 personnel, including platoon commander Surender Pal Singh. However, the crime branch, criminal investigation department of UP police in its report indicted 66 personnel of the PAC for the killings.
Of the 19 accused, Om Prakash Sharma, Kush Kumar Singh and Surender Pal Singh, died during the pendency of the trial.
The high court then convicted the remaining 16 former PAC officials and sentenced them to life term imprisonment.
Those convicted are Suresh Chand Sharma, Niranjan Lal, Kamal Singh, Ram Bir Singh, Sami Ullah, Mahesh Prasad Singh, Jai Pal Singh, Ram Dhiyan, Arun Kumar, Lila Dhar Lohni, Hamir Singh, Kunwar Pal Singh, Buda Singh, Budhi Singh, Mohkam Singh and Basant Ballabh.
