THE HINDU | Article | Lessons from a massacre | APRIL 06

It is difficult to equate delayed justice with ‘justice denied’ in all cases. There may be occasions when even a delayed conviction can send out a message that there is no such thing as permanent impunity. The verdict of a Special CBI Court in Lucknow sentencing 47 police personnel to life imprisonment for participating in one of the most heinous massacres perpetrated in the name of an ‘encounter’ with armed terrorists, is one such instance in which some sort of accountability has been established, and the law has caught up with the perpetrators. On July 12, 1991, a bus carrying Sikh pilgrims was intercepted by the police about 125 km from Pilibhit in Uttar Pradesh, and all the men among them were taken away in a van. The police later claimed that the men were terrorists and that 10 of them were killed in three different ‘encounters’ in the forests that night. A Central Bureau of Investigation probe ordered by the Supreme Court later revealed that the victims were killed in fake encounters. The agency charge-sheeted 57 personnel, but 10 of them died during the course of the trial. It is worth recalling that militancy was at its peak in Punjab at the time. There were fears that it had spilled over from Punjab to the Terai region of Uttar Pradesh. The police in both States suspected that some Punjab militants were active in the Terai too, and Pilibhit, a district with a significant Sikh population, was under watch. It was also a phase in which the state was seen to be using questionable tactics to eliminate suspected terrorists.

A judicial commission appointed by the Kalyan Singh government had given a clean chit to the police, even contending that the officers involved in the Pilibhit operation deserved ‘commendation’. But the CBI came to a different conclusion. However, the agency was faulted by human rights activists for leaving out superior officers, especially the Superintendent of Police at the time, R.D. Tripathi, from the charge sheet. Many felt that a night-long operation involving personnel from several police stations could not have taken place without the knowledge of the district police chief. The trial judge, too, has noted that senior officers posted in the district at the time could have been part of the conspiracy. It is possible to commend the agency for successfully prosecuting those involved, but it is the families of the victims that deserve credit for their perseverance. However, the long delay and the failure to bring higher officials to book will surely cast a shadow on the quality of justice meted out in such cases. In troubled times, uniformed men tend to resort to extrajudicial killing not only to wreak vengeance on militants or extremists targeting their colleagues and civilians, but also to garner rewards and promotions. It can only be hoped that a verdict fixing responsibility will help end the culture of impunity seemingly enjoyed by the security forces, and bring a sense of closure to instances of such excesses.