Supreme Court Directs Independent Investigation In Haryana Village Where Social Boycott Call Against Dalits Was Allegedly Made In 2017

The Supreme Court recently directed two former DGPs of the State of Uttar Pradesh to conduct an independent investigation into the situation prevailing at a village in Haryana’s Hisar district, in relation to which allegations of social boycott of Dalit persons were levelled in 2017.

Debby Jain

A bench of Justices MM Sundresh and Aravind Kumar passed the order, requesting Shri Vikram Chand Goyal, former DGP, 1975 UP and Mr. Kamlendra Prasad, former DGP, 1981 UP to make the investigation and file a status report before the Court within 3 months about the prevailing situation as well as any steps required to be taken.

The respondents stressed that no untoward incident has taken place in recent times and “normalcy” is prevailing.

The petitioner filed a status report as follows:

“Chargesheet dated 20.08.17 was filed. No arrests was made. In the chargesheet 6 out of 7 accused persons were given a clean chit by the Haryana Police and they were not made accused persons. The complaint to the police by the dalit victims was signed by 28 victims but the police made one person as a PW. This person selected by the police is shown as giving a 161 statement to the police which was virtually blank and makes no mention of the social boycott. Further 4 members of the dominant community who were hostile to the dalits were made Pws. Not a Single Scheduled Caste certificate of the 28 victims who had made the complaint of social boycott was taken by the police and submitted in the Court along with the chargesheet. The videos given to the police by the victim community showing the call of the social boycott by the dominant community in a public meeting was not mentioned in the chargesheet or produced in court. Sanction for prosecution under 153A and 505 IPC not taken by the police. Only after objection was taken by the complainants was sanction taken belatedly. Trial yet to begin.”

In its order, the bench also clarified that there is no embargo on the trial court proceeding with the trial. As per claims, the dispute arose in June, 2017 when a group of Dalit boys was assaulted by members of the dominant community in the village, over the use of a hand-pump for drawing water. 6 persons were hospitalized as a result of the assault and an FIR registered.

When the Dalit persons refused to withdraw their complaint, a call for their social boycott was issued by the members of the dominant community and an unregistered organization by the name of Bhaichara Committee.

Initially, the matter was considered by the Punjab and Haryana High Court, but the social boycott seemingly continued. Eventually, a plea was filed before the Supreme Court seeking CBI probe into the allegations and prosecution of the accused, as state authorities were apparently siding with the dominant community.

“There has never been such a severe and protracted social boycott of a village of Dalit community comprising of about 500 houses for such a protracted period of over one and half years as in the present instance,” the plea said.

In May this year, the State of Haryana agreed to taking over of the investigation by two former DGPs of the State of UP.

Appearance: Senior Advocate Colin Gonsalves (for petitioners); ASG Vikramjeet Banerjee and Senior Advocate Narendra Hooda (for respondents)

Case Title: JAI BHAGWAN & ORS. VERSUS THE STATE OF HARYANA & ORS., Writ Petition(s)(Criminal) No(s). 293/2019

Courtesy : Live Law

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