The court acquitted the accused, citing lack of evidence; according to rights activists, survivors are pressured, threatened, or financially induced to change their testimonies
BHAGALPUR — More than 35 years after one of the darkest chapters in the history of this city in Bihar, a local court has acquitted all ten surviving accused in the Bhatoriya killings, where four Muslims — including three women — were burnt alive and dozens of homes were destroyed.
The judgment, delivered by District Additional Sessions Judge-11 Jyoti Kumar Kashyap, concluded that there was insufficient evidence to convict the accused. Those acquitted include Laxman Mandal, Gurudev Yadav, Vijay Yadav, Yogendra Yadav, Shyam Mandal, Achat Yadav, Prasadi Yadav, Prakash Yadav, Brahmdev Yadav, and Pramod Mandal.
The killings took place on 26 October 1989, when an estimated 2,000 Hindu rioters surrounded Bhatoriya village in Nathnagar police station area, targeting Muslim homes. Witnesses have long alleged that the attack was planned, with mobs setting fire to houses and preventing people from escaping. Around thirty villagers fled to save their lives, but one Muslim man and three Muslim women were trapped and burnt alive.
“The attackers came with full preparation. They poured petrol, blocked our exits, and laughed while our loved ones screamed in the flames,” said a survivor from the area, who did not wish to be named for fear of reprisals.
The violence did not stop there. When police rushed to the scene, the rioters attacked the officers, tried to snatch their rifles, and continued looting. In the ensuing clash, one rioter was killed in police firing.
The case was initially registered on the written statement of Assistant Sub-Inspector Narendra Kumar, posted at Nathnagar police station. But despite the brutality of the incident, the police filed a final report without pursuing strong prosecution. It was only after the intervention of a judicial inquiry commission headed by Justice NN Singh that the case was reopened.
Special Additional Public Prosecutor Atiullah, representing the state, argued that the killings should be treated as organised crime given the scale of the Bhagalpur riots, which claimed thousands of lives — most of them Muslims. “This was not an isolated act of violence; it was a coordinated attack to wipe out an entire community in that area,” he told the court. He also argued that even hostile witnesses could be admissible in such cases.
However, the prosecution faced major hurdles. Only three witnesses testified, and none directly confirmed the role of the accused in court. All retracted their earlier statements and refused to identify the accused. According to rights activists, this is a common outcome in riot cases, where survivors are pressured, threatened, or financially induced to change their testimonies.
“This verdict is a shame on our justice system,” said Mohammad Salim, a Bhagalpur-based social worker. “Everyone knows what happened in Bhatoriya. People saw who was leading the mob. But after so many years, the witnesses are scared or dead, and the killers walk free.”
The court noted that the investigating officer failed to submit the old case diary along with the charge sheet. The prosecution also referred to another case, Sessions Case 90-187, where some of the accused were previously sentenced to life imprisonment by the then EDJ III court.
The acquittal has left the Muslim community in Bhagalpur feeling abandoned. “First, they burned our families, then they burned our hopes for justice,” said an elderly resident of Bhatoriya. “For thirty-five years, we waited for the courts. Now, we have nothing.”
The Bhagalpur riots of 1989 remain one of the worst communal massacres in independent India, marked by large-scale killings, sexual violence, and displacement of Muslims. Despite multiple commissions and reports, convictions have been rare, and survivors allege that political protection for perpetrators has ensured impunity.
“This case is a reminder that for Muslims in India, justice delayed is not just justice denied — it is justice buried,” said human rights lawyer Farzana Alam, who has worked with riot survivors.
As the court cleared the last batch of accused, many in Bhatoriya are left with unanswered questions. The blackened ruins of old houses stand as silent witnesses to the massacre, even as official records now carry the stamp of ‘acquitted’.
