Kasganj: Chandan’s Murder Accused Nabbed, But Facts Puncture Police Theory

While the police in Kasganj have arrested Saleem Javed, the prime accused in the murder of Chandan Gupta during a controversial ‘Tiranga Yatra’ (organised on January 26 to mark Republic Day) that resulted in communal violence, voices on the ground – including many from the Hindu community, sequence of the events, post mortem report and the geography of the spot puncture the police theory and highlight gaping holes in the manner in which investigation is being carried out. Local residents allege that innocents are being framed for the murder.

Though Gupta’s father, in his First Information Report (FIR) has accused 45-year-old Javed of murdering his son, the police in over enthusiasm has booked him for sedition as well – a fact that has led many in the minority community allege unnecessary “targeting and harassment”.

The investigators claimed that they have recovered a 12-bore double barrel licensed shotgun and a .315 calibre country made pistol from Saleem’s house during a search. The country made pistol, say experts, fires pellets not bullets. A person can be killed using this firearm if the target is within a radius of less than 20 metres. The shotgun has a range of up to 40 metres. However, Chandan – according to eyewitness and his father – was killed near Gappu Chowk at Tehsil Road that is at least 60 metre away from house of the accused.

The post mortem report suggests that the bullet was apparently fired from a height (such as rooftop) as it pierced the left arm and went down diagonally penetrating into the rib cage and liver. The young man, according to an investigator, was shot with a .315 calibre weapon.

A pertinent question arises here: how did the firearm kill Chandan who was so much beyond firing range?

The FIR filed by Chandan’s father Sushil Gupta at Kasganj Kotwali says a different story. He said his son was stopped by the Saleem and others and killed. “More than 20 people, including Saleem, stopped the youths taking part in the Tiranga Yatra, snatched their flag and threw it on the ground. They (Saleem and others) asked the boys to shout ‘Pakistan Zindabad’ (Long live Pakistan). When my son protested, they pelted stones. Saleem aimed and fired at Chandan, who suffered injuries and was later declared dead in the hospital,” said the FIR, a copy of which is available with Newsclick.

The father’s allegation contradicts the post mortem report and the police version. Contrary to what he said in the FIR, Sushil told Newsclick on Tuesday at his residence at Shivalay Gali located in the middle of the city’s main market, “When the incident happened, I was not at the spot. When I was informed about Chandan’s injury, I reached the hospital and found my son dead. The participants of the Tiranga Yatra told me that Saleem and his two brothers – Wasim Javed and Naseem Javed – along with 20 others opened fire at the rally and killed my son.”

He also said that his son was fired at from a rooftop, contrary to what he has said in the FIR. Newsclick on Wednesday reported that the youths participated in the ‘Tiranga Yatra’ were carrying guns along with sticks and clubs. CCTV Footage accessed by this website, shows several gun shots rounds being fired at Tehsil Road near Saleem’s house. The police claimed that one of the bullets hit Chandan during that shooting.

Asked about the loopholes, a senior police officer said Saleem has been arrested “on the basis of Sushil’s FIR”. In addition to Saleem, his two younger brothers and 15 others have been named as accused. “The three brothers have no criminal record,” he added.

While Saleem is now in the police custody, his two younger brothers Waseem Javed and Naseem Javed are in the hiding. The eldest brother is said to have surrendered before the police on Wednesday morning after the cops pasted a notice of property attachment on his house.

Asked why they were booked under section 124-A of the Indian Penal Code (sedition), he said, “There are allegation that anti-national slogans such as ‘Pakistan Zindabad’ were chanted followed by a violence. Therefore, sedition charge has been slapped against them. Our probe is on and we will go ahead as per our findings,” he told Newsclick.

The three brothers (Saleem, Waseem and Naseem) have good reputation in the society. They have a big garment shop in front of the Kotwali police station for the past 40 years and are counted among the rich in Kasganj city.

The case against the three brothers and subsequent arrest of one of them has surprised all. “The three brothers are gentlemen and are respected in the society. It is surprising for me that they fired bullets as alleged. I don’t know if it is true or someone is settling scores. It must be probed whether they fired a shot at all or did it in self defence,” said Suresh Chandar Varshney, president of the Kasganj Vyapar Mandal Sangh.

Importantly, Saleem’s younger brother Wasim, who is also the district executive secretary of UP Industrial Representative Committee, has been on a ‘chilla’ (a 40 day religious tour for self purification) and out of town even 10 days before the incident took place.

“There is no involvement of the three brothers and others named in the FIR. They are respected businessmen. Their implication is nothing but a conspiracy to harass and crush them economically. Since their shop could not be torched because it was right in front of the police station, they were named accused of a heinous crime that will make them suffer a lot,” said Dr Asif, who runs an NGO that works for AIDS awareness.

“Not just the three brothers,” said another who did not wish to be identified because of the fear of police crackdown, “but majority of Muslims have been booked on false charges”. “For instance, one Imran Khan has been named in an FIR despite the fact that he has been working with a multi-national company in Delhi and has been out of Kasganj for the past seven months. Similarly, false charges have been slapped against Mohammad Monazir Rafi, who is a lawyer by profession, because of which he has gone into hiding. His only crime was he tried to pacify the two groups that had clashed on January 26 at Veer Abdul Hamid trisection at Baddu Nagar and spoke to a private TV news channel about what actually had happened,” he said.

The police launched a massive crackdown in Muslim concentrated Baddu Nagar to nab the “suspects” on Tuesday. Advocate Monazir’s house was also raided and searched but he was not present there.