Bench considers prolonged incarceration; appeal against conviction remains pending
Team Clarion
NEW DELHI – The Supreme Court on Friday granted bail to eight of the 16 former members of the Uttar Pradesh Provincial Armed Constabulary (PAC) convicted in the 1987 Hashimpura massacre case, citing their prolonged incarceration.
The bench, comprising Justices Abhay S Oka and Augustine George Masih, acknowledged that the convicts have been in jail since 2018, following the Delhi High Court’s reversal of their acquittal. “The appeal against the 2018 high court judgment is still pending before this court and has not yet been heard,” noted the bench.
Senior Advocate Amit Anand Tiwari, representing the convicts, argued that the high court’s decision to overturn the 2015 trial court acquittal was erroneous. “The trial court’s judgment was well-reasoned and judicially sound. The high court disregarded key evidence and overlooked the principle that a judgment of acquittal cannot be set aside simply because two views are possible,” he submitted. Tiwari also highlighted the exemplary conduct of the accused throughout the trial and appeal processes.
The Hashimpura massacre remains one of the darkest episodes of communal violence in the country’s post-independence history. On May 22, 1987, during communal riots in Meerut, 42 Muslim men were rounded up by personnel of the PAC’s ‘C-Company’ 41st Battalion. The victims were transported in a lorry, shot at close range, and their bodies dumped into the Gang Nahar and Hindon canal. While some survived the shooting and bore witness to the atrocity, only 11 bodies were later identified, with many victims’ remains never recovered.
The massacre was reportedly in retaliation for the killing of an army officer’s brother and the theft of rifles by anti-social elements in the area. The incident shocked the nation and drew widespread condemnation.
The initial investigation, conducted by the Uttar Pradesh Crime Branch, Criminal Investigation Department (CB-CID), culminated in a chargesheet against 18 PAC personnel in 1996, with a supplementary chargesheet adding a 19th accused. The trial was transferred to Delhi by Supreme Court orders in 2002 and 2007.
In 2015, a Delhi trial court acquitted all 16 surviving accused, citing insufficient evidence. However, the National Human Rights Commission (NHRC) intervened, leading the Delhi High Court to permit the recording of additional evidence. In 2018, the high court overturned the trial court’s acquittal and sentenced the accused to life imprisonment, holding them guilty of criminal conspiracy, kidnapping, murder, and destruction of evidence.
The Supreme Court’s decision to grant bail reflects a recognition of the prolonged legal and custodial ordeal faced by the convicts. “This is a sensitive and long-pending matter. Granting bail does not mean the charges are diminished, but we must also consider the procedural delays and human rights of the accused,” said one of the justices during the hearing.
The Hashimpura case has repeatedly highlighted systemic failures in delivering justice to victims of communal violence. Activists and families of the victims have expressed mixed reactions to the bail decision. While some see it as a setback to justice, others view it as a necessary step to ensure a fair trial.
“Justice delayed is justice denied,” said one survivor. “We have waited over three decades and still don’t see closure.”
With the apex court set to hear the final appeals in the coming months, the case continues to test the country’s commitment to justice and accountability in communal violence cases.
