Lucknow: A National Investigation Agency (NIA) court has convicted 28 people in the infamous 2018 Chandan Gupta murder case in Kasganj that triggered communal riots and political tensions in the area.
Gupta, 22, was shot dead when he was participating in a Tiranga Yatra organised by the Akhil Bharatiya Vidyarthi Parishad (ABVP) and other Hindu outfits to mark Republic Day. The incident occurred after two groups clashed in Baddu Nagar area when one of the groups objected to nationalistic slogans being chanted by bike-borne participants.
Kasganj police had then said the clash broke out when someone from the opposite group allegedly slapped a participant in the rally.
Additional government counsel (criminal) Mithilesh Kumar Singh told ThePrint that out of the 30 accused in the murder case, 28 had been convicted under various charges including rioting, attempt to murder, murder, intentional insult to cause breach of peace, criminal intimidation and unlawful assembly.
Two of the 28 people found guilty—Saleem and Munazir Rafi—were not present in the court.
Saleem did not appear before the court on Thursday and was issued a non-bailable warrant, while Rafi was in jail.
The 26 present in the courtroom were sent to judicial custody immediately, Singh said.
They include Waseem, Naseem, Mohammed Zahid, Asif, Aslam, Akram, Taufiq, Khillan, Shavab, Rahat, Salman, Mohsin, Asif Gymwala, Saqib, Bablu, Neeshu, Wasif, Imran, Shamshad, Zafar, Saqir, Khalid, Faizan, Imran Saifi, Saqir, and Mohammed Amir.
Two people—Aseem Qureshi and Naseeeruddin—were acquitted by the court.
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What was the case?
On 26 January, 2018, Gupta was murdered during a clash between two groups during the Tiranga Yatra led by the ABVP, the Vishva Hindu Parishad and the Hindu Yuva Vahini workers.
Hundreds of bikers holding tricolour and saffron flags took out the rally, including Chandan Gupta, despite the administration denying permission for the event.
When the participants insisted on passing through Baddu Nagar where residents were already celebrating, sloganeering began and stone pelting started from both sides. As gunshots were fired, one struck Chandan.
Gupta was taken to a local hospital but could not survive. Riots broke out in the area when the news of the death went viral and the situation remained tense for at least a week.
Shops were forced to shut as the situation deteriorated and the then MP Rajveer Singh and senior police officers reached the spot and assured the protesters of action against the accused.
After Gupta’s body reached his house following a post-mortem, tensions prevailed in the entire city and the Provincial Armed Constabulary (PAC) was deployed.
An FIR was lodged with 20 people named as accused, out of whom, three brothers— Saleem, Naseem and Waseem—were identified as the main accused.
The other included Zahid alias Jagga, Asif Kuraili alias Hitler, Aslam Qureshi, Asim Qureshi, Naseeruddin, Akran, Tausif, Khillan, Shavab, Rahat, Salman, Mohsin, Asif alias Gymwala, Saqib, Bablu, Neeshu and Wasif and unknown members of the Muslim community.
Gupta’s family agreed to proceed with the cremation only after speaking to Uttar Pradesh Chief Minister Yogi Adityanath on the phone.
Meanwhile, violence escalated as some people damaged vehicles in the Purani Chungi area and shops in the Barahdwari area were burnt. As the situation got out of control, the Rapid Action Force (RAF) had to be deployed in the city and the internet was shut down, but violence still continued.
Police filed a chargesheet in December 2018 and the trial started in 2019. The main accused—Waseem and Naseem—were released on bail in 2020, and the case was transferred to an NIA court in Lucknow in November 2021.
After the Allahabad High Court stayed the proceedings of the NIA court following an appeal from the accused, Gupta’s father sat on a dharna next to the Gandhi statue saying he wouldn’t move until he got justice. He vacated the spot only after a police assurance.
Gupta’s father, Sushil Gupta, told ThePrint the accused had misled the High Court. “They had filed a writ petition in the Lucknow bench by misleading the court even as their statements were being recorded by an NIA court. Truth always wins,” he said.
Stating that no community should object to holding the tricolour or chanting slogans like ‘Bharat Mata ki Jai‘ and ‘Vande Mataram’, Sushil Gupta said that his son would participate in rallies on Independence Day and Republic Day every year.
“My son would participate in the rallies with the tricolour painted on his cheeks and holding flags with zeal and enthusiasm along with youngsters of the same age. They would chant ‘Bharat Mata ki Jai‘ and ‘Vande Mataram’,” he said.
“That day too, Chandan left with his friends in the morning with the tricolour colours painted on his cheeks. He reached the tehsil road but their way was stopped. He was in B.Com final year, and all others were students.”
Sushil further said that he wanted to give a message to young people that reciting slogans like ‘Bharat Mata ki Jai‘ and ‘Vande Mataram’ was not wrong and that no love was bigger than the love for one’s nation.
“Come what may, the national flag shouldn’t be lowered and it’s our duty to keep it high. The judgement in Chandan’s case will serve as an example for everyone. The slogans ‘Bharat Mata ki Jai‘ and ‘Vande Mataram’ are above religion, and members of all communities staying in India are our brothers who have been converted from Hindus,” he said.
(Edited by Sugita Katyal)
It’s really sad and disappointing that these people belonging to the Muslim community had problems with a Tiranga Yatra.
But the absolute silence of the educated Muslim middle class on such issues does tell us something. It is worrisome and points to very serious issues within the Indian Muslim communities.
Either there is a tacit approval for such anti-national activities across the community, else they are afraid of the consequences of speaking up.
In any case, this is of very serious concern for the unity and integrity of the nation.
Excellent news indeed.
Every single one of the convicted should get rigorous life imprisonment. Nothing less than that.