SC split verdict on post-Babri riots case

NEW DELHI, MAY 3 : After “differences of opinion” between two judges of the Supreme Court on an appeal filed by five persons in connection with a murder which occurred during communal riots post-Babri Masjid demolition in 1992, the matter will now be decided by a larger (three-judge) bench.

Since Justices SB Sinha and HS Bedi could not deliver a unanimous verdict, the matter has now been placed before the Chief Justice of India for referring it to a larger bench.

While Justice Sinha ordered acquittal of the five convicted persons, Justice Bedi confirmed the life imprisonment imposed on accused Harendra Sarkar and four others.

Accusing the police machinery of having an “anti-minority bias”, Justice Bedi observed, “There is an alarming tendency on the part of several local bigwigs to prevent the initiation of action against well-known goondas and anti-social elements. We are also aware that the police are also not entirely free from blame in this regard.”

As Justice Bedi rejected the argument by Sarkar and others that they were falsely implicated since the two families had a land dispute at the village, he also disagreed with their plea that there was a delay of 15 hours in recording the FIR.

However, Justice Sinha held that the accused had been falsely implicated by Taheruddin and his family owing to a land dispute. The judge also noted that there was a considerable delay in recording the FIR.

The murder had occurred on December 14, 1992, a week after the Babri Masjid was demolished. Sahera Khatoon and her two minor daughters Bimala Khatoon, 3, and Hazra Khatoon, 7, were allegedly killed by the accused at Changmazi Pathar village in Daboka district of Assam.

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