The Uttar Pradesh government has challenged the acquittal of all 39 accused in the 1987 Maliana massacre, where 68 Muslims were killed, in the Allahabad high court. A separate appeal under Section 372 of the Code of Criminal Procedure against the lower court’s judgment was filed by three victims of the massacre in the high court on June 27 (HT Archives)

On March 31, a Meerut court had acquitted all accused in the case citing lack of evidence. The verdict, by additional district judge Lakhvinder Singh Sood, came after 900 hearings. The trial in the case has been going on since 1987.

Additional district government counsel (ADGC) Sachin Mohan confirmed on Monday that the state government filed an appeal against the verdict in the Allahabad high court. He said the next hearing in the case is in October.

A separate appeal under Section 372 of the Code of Criminal Procedure against the lower court’s judgment was filed by three victims of the massacre in the high court on June 27.

Mohan informed that an appeal to challenge the verdict of lower court has been sent to law department in Lucknow through the district magistrate a month before and it was filed in high court through the office of state’s attorney general.

The petition — filed by Mohammed Yaqub, Vakil Ahmad and Ismail Khan — came up for hearing on July 11.The high court bench comprising justices Surya Prakash Kesarwani and Nand Prabha Shukla issued notices to the respondents, including Uttar Pradesh and the 39 accused.

Yaqub — the main complainant in this case —was allegedly mercilessly beaten during the 1987 massacre. His legs and ribs were broken. Ahmad allegedly suffered bullet injuries and lost a kidney while Khan lost 11 members of his family. Of the 214 houses attacked then, 106 were razed and 72 people lost their lives, say prime witnesses.

”I was shocked to learn about the March 31 verdict, so we appealed against the verdict in the high court,” said Yaqub. “At that time, I was one of the able-bodied youths who were rounded up and mercilessly beaten even as the massacre was going on. Without any provocation, PAC personnel began attacking houses while the mob indulged in looting and rioting,” he alleged.

Ahmad said he was 25 at that time. “I was shot at, following which I lost one of my kidneys. Another bullet pierced through my hand. They looted my shop and killed several relatives. I do not remember the number of times I went to court for hearings. The lower court’s verdict shocked us. We are thankful that the high court has admitted our appeal. We hope to get justice,” he added.

Advocate Alauddin Siddiqui, the counsel representing the victims, said, “It (the lower court verdict) was an abrupt decision at a time when the proceedings were still on. Hearing on the witnesses had not taken place and a lot of other facts were still under consideration. The accused had not been examined under CrPC section 313 (power of the court to examine the accused to explain evidence adduced against him).”

On the other hand, on behalf of the accused Kailash Bharti and others, a reply has been filed in the high court.

“ The lower court has given the right decision. Now justice is expected from the high court as well,” Bharti said.

Senior journalist Qurban Ali who, along with former state police chief Vibhuti Narain Rai, is pursuing this case in the Allahabad high court, welcomed the state government’s move.

“The prosecution of the accused is the duty of the state. The public prosecutor is defined in Section 24 of CrPC as the agent of the state to represent the interest of common people in the criminal justice system. I am hopeful that the state will perform its duty diligently,” he said.