Police Shielding the Murderers of Jharkhand Lynching Case: Fact-Finding Investigative Report

An independent fact-finding investigation into the lynching of two Muslims, Mazloom Ansari(32) and Imitiaz Khan (12), released on Monday at Press Club of India, has exposed the flagrant errors in the investigation carried out  by Jharkhand Police. To give a background – On March 18, 2016, Mazloom and Imitiaz were beaten mercilessly, hanged to death by Hindu men self-styled as ‘Gau Rakshas’ in the remote area of Latehar district of Jharkhand, as the two were on their way to the cattle fair to sell their eight oxen. 

The ghastly incident had caught national attention and had drew widespread condemnation at several civil society organizations, including, Tom Lantos Human Rights Commission  Of the US Congress at Washington, DC. But what’s interesting to note is that until now, neither the Government of India nor the state government (BJP) of Jharkhand has condemned the gory incident. 

The ground-breaking independent investigative report by an independent and renowned journalist Ajit Sahi, endorsed by a several global and domestic human rights organization reveals how the Jharkhand Police sabotaged the lynching probe.

Glaring gaps in the investigation by Jharkhand Police:

 As per the investigation report, the police registered First Information Report (FIR) almost 17 hours after the incident took place. The incident had occurred between 3.30-6 am and the FIR was registered at around 10.47 pm. However, as per the FIR, the Police had learnt of the incident at 11 am through an eye-witness, named Nizamuddin.

Another loophole in the investigation by the police which substantially weakens the case, was the confession made by the people accused in the case. The confession was made to a police officer and was not recorded before the magistrate. According to the Indian Evidence Act, a confession made to a police officer is not permissible as evidence but when recorded before a magistrate – it is admissible as evidence under Section 164 of the Criminal Procedure Code. As per the report, the charge-sheet filed in the case contained detailed confessions from all the eight people accused in the case, further, established that the crime was pre-planned.

In addition, the widow of the victim, Saira Bibi had given a statement saying that the almost a month-and- a half before, few men had visited her home and had threatened her husband to stop trading cattle else face the consequences. Mother of another victim,  Najma Bibi also reiterates the same threat given to her son – again pointing to the fact that the crime was pre-planned.

Moreover, the police failed to establish a strong charge-sheet even after having the eyewitness accounts, testimonies and evidences.

Primary Accused and the involvement of the BJP leader:

What is most astounding is the involvement of a prominent BJP leader in Lather district of Jharkhand, Vinod Prajapati. As per the report, one of the eye-witness, Nizamuddin, in his statement has said that “when he reached the spot, Prajapati was standing near the oxen. Upon seeing him, Prajapati shouted to his companions that Nizamuddin was the real trader, following which he quickly started his vehicle and fled.” Even in the FIR, Prajapati has been named as one of the accused, yet the police have not made any effort to question him, forget the arresting part.

Another prime accused in the case is Arun Saw – what’s interesting is that Arun, maintains no good record. He has been to the prison several times, in cases ranging from dacoity to transporting coal illegally. As per the investigative report, Arun, was assaulted by few Qureshi men after which he was waiting for the right moment to take a revenge and had formed a gau rakshak team. Along with Arun Saw, Pramod Saw and Manoj Sahu  and Bunty Sahu were among the ones who hanged Mazloom and Imitiaz.

Further, the police has invoked only three sections of Indian Penal Code(IPC), which includes, 302 (Punishment for Murder; non-bailable), 201 and 34. It’s important to note is that the police have not invoked 120 B (Criminal Conspiracy).  In a separate incident of lynching in June, 2017 of Alimuddin Ansari by self-styled Gau Rakshas near Ramgarh district – Section 120 B was invoked and 11 accused in the case were convicted for murder and sentenced to life imprisonment.