The Supreme Court on Friday granted bail to eight convicts in the infamous 1987 Hashimpura massacre case, where 38 people were killed by personnel of the Provincial Armed Constabulary (PAC).
The bench, comprising Justices Abhay S. Oka and Augustine George Masih, considered the prolonged incarceration of the convicts after their acquittal by the trial court was overturned by the Delhi High Court.
Senior advocate Amit Anand Tiwari, representing four of the convicts—Sami Ullah, Niranjan Lal, Mahesh Prasad, and Jaipal Singh—argued that the appellants had been imprisoned for over 6 years following the high court’s verdict.
Tiwari contended that the trial court had acquitted the convicts based on a lack of evidence, and the high court’s reversal was based on erroneous grounds. He also noted the exemplary conduct of the appellants during the trial and appeal process.
After considering these arguments, the Supreme Court granted bail to the eight convicts pending the final outcome of their appeals.
Background of the Hashimpura Massacre
The Hashimpura massacre took place on May 22, 1987, in Meerut, Uttar Pradesh, during communal tensions. PAC personnel, part of the 41st Battalion’s “C-Company,” allegedly rounded up around 50 Muslim men from Hashimpura and transported them under the pretext of safety due to ongoing riots. However, the victims were shot and their bodies dumped in a canal. 38 people were killed, and only five survived to recount the tragic event.
Trial and Appeals
The trial court acquitted 16 PAC personnel in 2015, citing insufficient evidence to prove their involvement. However, in 2018, the Delhi High Court overturned this decision, convicting the accused under Sections 302 (murder), 364 (kidnapping for murder), 201 (causing disappearance of evidence), and Section 120B (criminal conspiracy) of the IPC, sentencing them to life imprisonment.
The eight convicts granted bail were among the 16 initially convicted by the High Court. Their appeals were pending before the Supreme Court. The chargesheet initially filed against 19 PAC personnel included names such as Surender Pal Singh, who was the platoon commander, but three of the accused died during the trial. Ultimately, 16 PAC personnel were convicted.
The case remains a significant chapter in India’s legal history, highlighting the struggle for justice in incidents involving state violence during communal conflicts.
