Gudiya, the Nirbhaya of Himachal, Forgotten!

More than eight months have passed since the gruesome crime, but the rapists and killers of Gudiya are still at large. The most efficient investigating agency, the Central Bureau of Investigation (CBI), has now announced an award of Rs 10 lakh for those who will find the killers. What a pity?

Gudiya, a tenth standard student in a school just 70 km away from Shimla, was raped and killed in a gory incident. The body was found in the forest. The Himachal Police had formed a special investigation team (SIT), headed by the Inspector General (IG) to investigate. The police were able to crack the case and according to the FIR filed by them, the six rapists and murderers were all from the adjoining areas. The police had arrested them. In the meantime, one of the accused, Suraj died in police custody. The police termed it as a scuffle leading to death, between the two accused. Though the people did not believe their story. Agitations and movements spurted throughout the state, though these were more confrontationist only in the Shimla district. These movements were led by the people under the banner of ‘Justice for Gudiya’ but the actual mobilisations were done by the BJP and the CPIM. The then Congress government, led by Virbhadra Singh, exhibiting its poor governance, handed over the investigations to CBI.

Almost everyone in the city and the surroundings were optimistic that once the CBI had taken over, justice would prevail and the real guilty will be taken to task. It was believed that the Himachal Police had botched up the investigation and the real culprits were still at large. This is not to say that the accused arrested by the HP Police in the Gudiya murder case were innocent. But the disasters committed by the Congress government alienated the people from their version of the story. The CMs Facebook handle had shown photographs of the accused who were not on the list of the arrested. The second disaster - a co-accused being killed in the lockup. This created a furore amongst the people. The BJP was quick to respond to the law and order situation and even announced ‘Gudiya helpline’ in their manifesto for the elections in November 2017.

The role of CBI has also been questioned now after the outcome. It is believed that they parroted what the BJP wanted (since the CBI is under the central government which is led by BJP). Gudiya was forgotten and the HP police officials were arrested in custodial death of the accused Suraj. Even the SIT in-charge the IG was arrested on charges of conspiracy to kill Suraj. Though it is hard to believe how a custodial death (if at all), that too when the case had been transferred to CBI, can be conspired. Nevertheless, the CBI filed a charge sheet against the police officials whereas the main accused in the Gudiya murder and rape case were let free. The political ramifications: the state has a BJP government and almost all the BJP MLA candidates in the surrounding area won, except the Theog assembly segment which has a CPIM MLA.

The role of local media is also a matter of concern. The way in which this issue was raised during the entire course is alarming. Sensation has taken over reporting, unfortunately. Reporting was done as if the police officials have been responsible for the killing of Gudiya. Even the local AIR announced, ‘Gudiya rape and murder case accused police officials including the IG remanded to judicial custody’. Media sounded like an investigation house itself. A regional paper went to the extent of writing that to protect the rich, Suraj (who died in custody) and his friend got arrested voluntarily, to ensure that their rich counterparts could be protected.

The CBI with all its strength and logistics at its bay should have been able to crack the case at the earliest. However, the result is a big zero. Interestingly, under the POCSO Act, the charge sheet in crime related to children must be filed within 90 days. But the CBI kept on asking the HP High Court (which is monitoring the case) for more time. It has been more than 180 days now. It seems the entire energy of the CBI team was spent upon nabbing the HP police officials in the custodial death case. As if just this was their agenda. Even the fringe elements in the domain of law understand that in custodial death cases there is hardly any intention (Mens Rea) of the accused interrogation officer which is a matter of concern. However, just to play to some other galleries the CBI has filed a charge sheet against the police officials as if they conspired to kill an accused. This is ridiculous.

Was the attempt to target the HP Police?

An assertive yes. Because politically, the indictment of the HP police during the previous regime meant the failure of the government. Hence targeting them was easy to hit the political establishment right on the head. And exactly this was done. But are the Himachal Police that ludicrous. An assertive no. Because the team (HP Police) heading the investigation had high credibility and were working in a non-partisan manner. Even subjectively speaking it is believed that the police in HP (though it is an appendage of the state and committed to all sorts of state-led terror) invariably in over 90 percent cases (criminal) nab the actual performers. The role of money, parochial, prejudice, bias etc is there but not rampant. In Kotkhai, the elements of money or even trying to protect the rich was not even possible, though all sorts of stories were constructed.

Now, even the legitimate right of the accused (the police officials) to have advocates of their own choice is not being allowed. The Bar of Shimla has taken a funny decision in this regard. This is a scary picture of the nature of the state we are passing through. Even before trial, the judgements have been passed. The trial is committed by the media and so is the judgement. However, the accused languish without even having an opportunity of being heard.

At the same time, the actual rapists and murderers of Gudiya roam free. The CBI is back in Delhi, the BJP has won the state, Gudiya still screams from the ashes!

Where is the justice?