The Commonwealth Human Rights Initiative (CHRI) is an independent, non- partisan, international non-governmental organization, mandated to ensure the practical realization of human rights in the member countries of the Commonwealth. CHRI advocates for effective systems that ensure access to justice for all citizens especially the marginalized and the underprivileged. CHRI educates and advocates for the greater adherence to internationally recognized human rights standards. Advocacy and education are core elements of CHRI's approach. By focusing on police and prison reforms, constitutional education and access to information CHRI seeks to strengthen democracy and good governance to ensure greater accountability, increased citizen participation and incorporation of human rights standards into government functioning. CHRI is headquartered in New Delhi, India with offices in London, UK and Accra, Ghana. Executive Committee, Headquarters, New Delhi: B.G. Verghese (Chairperson), Anu Aga , K.S. Dhillon, P.H. Parekh (Treasurer), R.V. Pillai, Harivansh, Prof. Mool Chand Sharma, Sanjoy Hazarika, Bhagwan Das, Prof. B. K Chandrashekar, Poonam Muttreja, Maja Daruwala. International Advisory Commission, Chair: Sam Okudzeto Trustee Committee, Chair: Nihal Jayawickrama ISBN:81-88205-13-3 CHRI New Delh Office CHRI London Office CHRI Ghana Office First Floor, B-117, Sarvodaya Enclave Institute of Commonwealth Studies The British Council New Delhi, INDIA - 110017 28, Russel Square, London WC1B 5DS, UK PO Box GP 771, Accra, Ghana Tel.:+91(11)2686 4678, 2685 0523 Tel.:+44(020) 7862 8857 Tel.: +233(21) 244744, 663979 Fax: +91(11)26864688 Fax: +44(020) 7862 8820 Fax: +233(21) 240330 E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] http://www.humanrightsinitiative.org KILLING JUSTICE: VIGILANTISM IN NAGPUR Author: Swati Mehta Editor: Maja Daruwala Design & Layout: Chenthilkumar Paramasivam Table of Contents Foreword The Akku Case in 2004 ......................................................................................1 The Legend Of Akku............................................................................................2 The Build Up To The Death ..................................................................................5 A flurry of activities: 27th July to 8th August 2004 ............................................6 The Stories Around The Killing..............................................................................7 The police version ..........................................................................................8 Initial Response of the Criminal Justice System.......................................................9 The Blame Game..............................................................................................10 Public perception of the police ......................................................................10 Public does not exonerate the courts..............................................................13 Surviving the failure of the criminal justice system: kill or be killed? ..................14 The Akku Case: One Year Later......................................................................16 The legal process:..............................................................................................16 Witnesses and evidence:...............................................................................18 The chargesheet:..........................................................................................19 Nature of the chargesheet:............................................................................19 The accused in custody:................................................................................20 The accused on bail:....................................................................................20 Anticipatory bail:..........................................................................................20 Over-awing the state? ..................................................................................21 The Blame Game Continues ..............................................................................22 Endword..............................................................................................................25 Endnotes.............................................................................................................27 FOREWORD The Commonwealth Human Rights Initiative [CHRI] has, for the past several years, been working on police reforms in the Commonwealth. In doing so, it examines the role and working of the criminal justice system as a whole. On 13th August 2004, Mr Akku Yadav, an accused person in police custody was killed by a group of people in the precincts of the District and Sessions Court in Nagpur, Maharashtra. For a short time this incident became a media sensation because even in a country where vigilante justice is not uncommon, reports of ordinary women, housewives and daily wage earners proudly claiming to be the killers are unusual. The media alternately portrayed the alleged killers as victims and heroines compelled by the infirmities of the criminal justice system to take the law into their own hands. CHRI decided to examine the popular perceptions around the incident that could lead 'ordinary' people to such extreme steps and the implications this had for the criminal justice system. Very soon after the incident (20th -25th August, 2004), the author travelled to Nagpur and met people from various sections of the society including the police, prosecution, lawyers, media, activists, civil society and the people of the Kasturba Nagar basti where the story had been lived out. The circumstances of the killing were in fact murkier than initial media reporting had indicated. There were several versions of what happened on the day and many more about the causes that led to the incident. Nevertheless, people across the board blamed the killing on the infirmities of the criminal justice and CHRI decided to wait a year to see how in fact the system dealt with the murder. A year later (18th - 23rd July 2005), the author once again travelled to Nagpur and met the people from the basti, journalists, activists, and police investigators from state Criminal Investigation Department (CID) who are handling the investigation. Based on personal interviews and the documents made available to CHRI, this is a report about people's perceptions immediately after the event and a year later and a factual account of the response of the system. It was never the intention of CHRI to establish the 'true story' or to champion one or the other version. The purpose of the study is to examine popular perceptions of the criminal justice system with a view to pointing out to policy makers the deepening feeling within the popular mind that there is no trustworthy system of criminal justice available for it to access, and this case provided ample opportunity to do so. CHRI deeply appreciates the cooperation of the police, the basti people, the media and others in accessing information and understanding the debates around the issue. In particular CHRI would like to thank, Ms. Shobha Sakharwade and all from Prakriti, a Nagpur based NGO that works on women and development, who provided the much needed assistance in familiarising the author with the terrain and providing invaluable orientation about the place and people. The Akku Case in 2004 At the time of his death Akku had been Bharat Kalicharan alias Akku Yadav lived and did business in charged in 26 criminal Kasturbanagar basti, a small area with 70 odd hutments under the Jaripatka police station. The basti has typically narrow lanes and cases.... Just prior to overcrowding. Most of the people there are daily wage earners who his death, Akkku work as construction labourers and domestic servants. The locality Yadav was once again has its share of criminals and according to the police at least two taken into police rival gangs work the area. By all accounts, a child of the custody, in the course neighbourhood, Akku had graduated from milkman's son to local of which he was taken menace. to court three times on th th th At the time of his death Akku had been charged in 26 criminal cases. 8 , 10 and 13 His history sheet begins at 1991 with a gang-rape and goes on to August 2004. He was include murders, robberies, dacoities, housebreakings, assaults, killed in the court criminal intimidation and extortion. In most instances, he is charged premises on the 13th along with others who the police describe as his gang members. August. Prior to his death, he had been arrested about 14 times. In late 1999, he was detained for a year under the Maharashtra preventive detention law (The Maharashtra Prevention of Dangerous Activities of Slumlords, Boot-leggers, Drug Offenders and Dangerous persons Act 1981). Since then, he had thrice been bound over to keep the peace under the Criminal Procedure Code. Finally in January 2004, Akku was externed or banned from entering Nagpur City and Rural under the Bombay Police Act, 1951. Nevertheless, he returned and during the period he was supposed to be outside the area, two other complaints of robbery, trespass and criminal intimidation were registered against him. Just prior to his death, Akkku Yadav was once again taken into police custody, in the course of which he was taken to court three times on 8th, 10th and 13th August 2004. He was killed in the court premises on the 13th August. The place where he was killed is