14

Jan

Kasganj Case : Genises of an Unsavoury Incidence

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Dr Salim Khan

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Mumbai | Wednesday | 15 January 2025

The Kasganj communal riots in Uttar Pradesh, which took place in 2018, have remained a deeply contentious and emotional issue for both the victims and the larger community. The violence, which led to the  death of a young man named Chandan Gupta from bullet injuries, stirred deep divisions and left a mark on the region. The handling of the case by the law enforcement authorities had raised serious concerns in regard to bias and impartiality. A detailed report by the Center for Society and Secularism (CSS), led by advocate Irfan Engineer and Neha Dabhade, shed light on the  factors that contributed to  violence, underscoring the role of provocation in pursuance of a political agenda.

According to the CSS fact-finding report, the immediate trigger for the riots was the decision by the Muslims in the Baddu Nagar area to celebrate the Republic Day in a manner that challenged the dominant narrative of patriotism. In previous years, such programmes were  held within school premises. However, in 2018, inspired by the call from the state government for Muslims to demonstrate patriotism, Muslims in Baddu Nagar decided to hold their Republic Day celebration at Abdul Hameed Chowk. This was a public event to  which  school students and notable figures were invited . The event was seen as a positive step marking a visible display of patriotism from the Muslim community. However, this effort was met with resistance from Hindu nationalist groups who felt threatened by such a public expression of Muslim pride.

 

Article at a Glance
The 2018 Kasganj communal riots in Uttar Pradesh, triggered by a Republic Day celebration organized by the Muslim community, resulted in significant violence and the death of Chandan Gupta. A report by the Center for Society and Secularism (CSS) highlights the role of provocation from Hindu nationalist groups, who disrupted the event with inflammatory slogans.
The police's failure to intervene promptly allowed tensions to escalate, leading to violence against Muslims and Gupta's death. The subsequent investigation, handed to the National Investigation Agency (NIA), raised concerns about bias, as many Muslims were arrested on dubious charges, while the initial attackers faced little accountability.
The trial, which convicted 28 individuals, reflected a troubling lack of impartiality, with the judicial process appearing influenced by political agendas. The Kasganj case underscores the challenges of achieving justice in a polarized society, emphasizing the need for fairness and truth in legal proceedings.

 

On the day of the event, a group of nearly 70 youth associated with the Sankalp Group arrived at the venue on motorcycles, waving flags and raising provocative slogans such as "If you want to live in India, you will have to say Vande Mataram" and "Radhe-Radhe." These slogans were unrelated to the spirit of the Republic Day and were seen as deliberately disruptive. In response the Muslim organizers raised slogans like "Godse Murdabad," further escalating the tension. Despite the initial confrontation, the Muslim organizers attempted to de-escalate by inviting the rioters to join the Republic Day celebrations and suggesting that the rally could proceed once the event was over. However, the situation quickly spiralled out of control.

The rioters, instead of engaging in a peaceful celebration, resorted to violence. They attacked the Muslims present at the event with sticks, and in retaliation, the Muslims threw chairs at them. This exchange marked the beginning of the communal violence that would follow. Had the police intervened immediately and arrested the rioters, as requested by the Muslim organizers, the violence could have been prevented. Unfortunately, the police failed to take decisive action at that critical moment, allowing the situation to escalate. Soon after, rumours began circulating that the Muslims had raised pro-Pakistan slogans and had waved the Pakistani flag. These accusations were not only false but were also unsupported by any evidence. The CSS team found no proof of such claims, and witnesses, including Chandan Gupta's father, Sushil Gupta, denied these allegations.

The situation worsened when the rioters regrouped on Tehsil Road, now armed with pistols and sticks. As the confrontation continued violence erupted, with rioters attacking Muslim-owned shops and properties. The firing of bullets led to the death of Chandan Gupta, while another young man, Naushad, was injured. The CSS report highlights that the police's failure to control the rioters and prevent further escalation contributed to the loss of life.

The aftermath of the riots saw significant legal and judicial challenges. The case was eventually handed over to the National Investigation Agency (NIA) which resulted in a lengthy and controversial trial. Chandan Gupta's father filed a complaint naming several individuals, but the investigation seemed to target only the Muslim community, with many of those arrested being innocent. Some of the individuals arrested were simply out in public buying necessities or were disabled. There was also the questionable use of sedition charges, which were imposed on the Muslim community despite the lack of clear evidence linking them to any anti-national activities.

The trial, which began in 2022, ultimately convicted 28 individuals, sentencing them to life imprisonment for the murder of Chandan Gupta and related offenses, such as rioting and causing harm to property. The case, however, raised several troubling questions about the administration's bias. The defence had numerous witnesses, yet the court's decision seemed to reflect a deep-seated prejudice. For instance, while Muslims were convicted for celebrating the Republic Day with zeal, the initial attackers, who had come on motorcycles to disrupt the event, faced little accountability. The NIA’s failure to address the looting and destruction of Muslim property, along with the unaddressed rumours about the Pakistani flag, painted a picture of selective justice.

The CSS investigation also pointed out that over a hundred Muslims had been arrested on flimsy charges. Among those arrested was a 70 percent disabled youth, and an elderly man who had just lost his wife. These arrests and the overall handling of the case raised concerns about the fairness of the investigation and the political influence exerted over it.

In conclusion, the Kasganj riots case underscores the ongoing struggle for justice in a deeply polarized society. The CSS report highlights how political and ideological forces can manipulate facts and undermine the truth, leading to unjust outcomes. The judicial process, which should serve as a safeguard for all, has become a tool of political manoeuvring, often prioritizing narratives that align with dominant political agendas. The painful lessons of Kasganj will continue to echo unless there is a concerted effort to ensure impartiality, truth, and justice for all.

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