Friday, January 21, 2011

[ZESTCaste] CBI probe ordered into Mirchpur dalit killing case: Haryana

CBI probe ordered into Mirchpur dalit killing case: Haryana

Published: Thursday, Jan 20, 2011, 20:06 IST | Updated: Thursday, Jan
20, 2011, 20:15 IST
Place: New Delhi | Agency: PTI

The Haryana government today said it has ordered a CBI probe into a
case relating to attack on Dalits allegedly by upper caste members at
Mirchpur village of Haryana's Hissar district in April last year.

Special judge (SC/ST Act) Kamini Lau was informed by Haryana
government counsel that the matter has been referred to the CBI for
further investigations.

This was vehemently opposed by the counsel for victims who submitted
that the recommendation has been made on account of "political
compulsions under the pressure of Khap Panchayats and the dominant

The court, on its part, decided to continue hearing saying the apex
court had transferred the trial in the case it to Delhi as a large
number of relatives and friends of the accused gathered in Hissar on
every date and the advocates were so frightened that they were unable
to effectively conduct the case.

"This court will, under no circumstances, permit the effect of the
apex court's order to be diluted," the Judge said.

The apex court had on December nine last directed that the case
relating to the killing of a 70-year-old Dalit man and his
physically-challenged daughter allegedly by a mob of over 100 people
be transferred to the special court here designated under the SC/ST
(Prevention of atrocities) Act, 1989 to ensure a free and fair trial.

The court directed Haryana government to ensure protection to the
family members of the witnesses and the victims.

The direction came on an application filed by the victims seeking a
direction to provide protection by the Central Reserve Police Force to
witnesses and their families at Mirchpur alleging that they were
receiving constant threats from the accused.

"The grant of protection to the witnesses/victim of crime is the
obligation of the state. This court is not helpless in issuing
suitable directions for ensuring protection to the witnesses, their
families and the victims of crime so that they are free from any kind
of fear or pressure and also to ensure a free and fair trial," the
court said.

It directed Haryana government to inform the court about the steps
being taken by it to ensure protection to the witnesses and the
victims in the case.

The court, however, kept pending an application filed by the accused
seeking their transfer back to any jail in Haryana from Tihar here as
their counsel sought more time to study case laws on the point whether
the accused can be kept in a prison beyond territorial jurisdiction of
the trial court.

97 accused were transferred to Tihar from a Hissar jail this month on
a direction of the court.

The court posted the matter for further proceedings relating to
framing of charges against some accused for February 1.

It noted that charges had already been framed against 37 accused
persons in the case.

Out of 103 accused, five are juveniles and one is out on bail.

On April 21 last year, a dalit man and his daughter were burnt alive
in violence against the community allegedly by members of an upper
caste, forcing about 150 families to flee Mirchpur village in Hissar.

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