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Friday, January 8, 1999

Police could have been sterner on offenders: Expert

EXPRESS NEWS SERVICE  
AHMEDABAD, Jan 7: Of the 36 attacks on Christians registered between December 25 and January 1 in the Dangs and Surat districts in south Gujarat, police are yet to trace culprits in 16 cases in which properties and religious places of Christians were damaged.

Police sources said on Wednesday that except for some leaders owing allegiance to some Hindu groups, they could not figure out how many people were involved in rioting or attacks on minority communities last month. They say in almost all cases mobs were involved and complainants were unable to identify the assailants.

According to official reports, 178 people, including 58 Christians, one Vishwa Hindu Parishad leader, 11 Vishwa Hindu Parishad activists, and 21 Bajrang Dal activists have been arrested in 20 cases in Dangs-Ahwa, Surat (rural) and Surat city till January 6.

But in most of the cases, police registered bailable offences under IPC Sections 143, 147, 148, 149 (forming a group of five or more and creating disturbance) or 336 (endangering life or personal safety).

Interestingly, only three cases were registered under Section 153 A (promoting enmity between different groups on grounds of religion, race etc). No case was registered under Section 505 (2) for offences committed at places of worship or at assemblies engaged in worship. Persons spreading rumours, distributing provocative pamphlets are also punishable under this section.

Similarly, four cases were registered under Section 504 and 506 (2) for criminal intimidation, without invoking Section 441 for criminal trespass. Former DGP P K Dutta says that by invoking Sections 143, 147 or 506, the offence could be minimised.

In all cases, police are ignoring rules and their implications so that an offence remains bailable, Dutta says. ``Police should ignore the political pressure because the institution is above all'', he says.

However, former DGP Man Mohan Singh says sections were probably applied according to the version of the complainant and the language used in the complaints. But even then applying stricter rules does not matter because on approaching court, the judges have the authority to modify the sections.

Singh said some sections overlapped but it was up to the court to take into consideration as a more aggravated form of offence, if needed. ``I don't think that mentioning the case in FIR could affect the investigation'', he says.

The sources in the police headquarters, however, said maximum complaints of political pressure were from the Dangs where 30 cases were registered and 156 persons arrested last month. In Surat rural and city, only four and one cases were registered, while one case was registered in Ahmedabad (rural) with Kanbha police.

Police said the loss had been estimated at Rs 4 lakh, while no casualty was reported from any place.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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