Prosecution fails to prove violence

CHANDIGARH: Several vehicles were set on fire and damaged and security forces, including the Panchkula district magistrate-cumdeputy commissioner (DC) were seen running from the spot to save their lives from arsonists on August 25 last year before the cops resorted to firing to contain spiraling violence, but the prosecution has miserably failed to prove the allegations against the perpetrators of the violence even after a year.

The failure of prosecution has led to acquittal of a large number of followers or functionaries of Dera Sacha Sauda, who had been booked for these offences.

A total of 240 FIRs were registered in Haryana regarding the August 25 violence that had erupted after the conviction of the Dera chief in two rape cases by the CBI court in Panchkula.

The charges of sedition were slapped against the accused in 10 FIRs. Permission from the state is required for prosecution of the accused booked for sedition charges, but the Khattar government accorded prosecution sanction in only two FIRs related to the sedition charges.

As of now, the charges of sedition have been dropped in four cases against 130 accused who were allegedly involved in the August 25 violence.

Similarly, six accused were acquitted on July 30 by the district and sessions judge after the prosecution failed to establish charges of rioting and damaging the public property in Sector 4, near Hafed Chowk in Panchkula on August 25.

Prior to that, in May this year, the Panchkula court acquitted six Dera followers after the police failed to prove charges against them.

While acquitting the accused, the trial courts in Panchkula clearly pointed out the loopholes and infirmities in the investigation by the police in proving such charges. “It is true that a mob has no face. Yet it is the duty of the prosecution to establish the identity of the accused facing trial as a member of unlawful assembly and as such committed the occurrence, it failed to establish. The prosecution led no other good evidence to relate and connect the accused with the offences,” the trial court had observed in its July 30 orders while acquitting some of the accused.

Questions were also raised by the Punjab and Haryana high court on several occasions over the quality of investigation carried out by the Haryana police in the cases involving core members of the Dera.