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This is an archive article published on September 10, 2010

Delay in nabbing culprits involved in Dalit carnage irks SC

"Why did you arrest the culprits pursuant to order of this court and not before?," the SC Bench said.

The Supreme Court slammed Haryana government for delay in arresting 60 accused in the killing of two Dalits and torching of houses allegedly by upper caste people at Mirchpur village of Hissar district and said the authorities will have to answer more questions.

“We will ask you (state government) more questions on the issue,” a Bench comprising Justices G S Singhvi and A K Ganguly said when Haryana government said it has arrested all the accused in compliance with its August 26 order.

The Bench said it will ask questions to authorities as

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they swung into action only after the intervention of the apex court.

“Why did you arrest the culprits pursuant to the order of this court and not before?,” the Bench said adding it would like to know from where the accused persons were arrested.

“From where did you arrest the accused? From their village or from your own state or from Rajasthan or Punjab”,the Bench said when the state government counsel submitted that all the 60 accused have been arrested and it has taken necessary steps to supply two quintals of rice to the affected family in compliance with its orders.

While concluding the hearing,the Bench said “these are age-old problems prevalent in large areas of the country and it will take time to change”.

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It asked the counsel for victims Collin Gonsalves to respond to the report of Haryana government.

The Bench wanted to fix an early hearing but the state government’s counsel sought eight weeks time as a cooling up period.

However,the Bench said all the required replies and rejoinders have to be completed within four weeks and posted the matter for October 25.

The Supreme Court had on August 26 directed the Haryana government to make all possible efforts to arrest by September 10 all the accused involved in the April 21 incident in which 150 houses belonging to Dalits were set on fire.

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The Court had slammed the Haryana government for its failure to provide relief and rehabilitation measures to the affected families and directed the authorities to provide two quintal of wheat to each affected families.

The apex court had perused the over 100-page report submitted by the state government in a sealed cover along with the fact-finding report prepared by a team of lawyers representing the victims.

The fact-finding report submitted by senior advocate Colin Gonsalves,who is representing the victims,had said the state government failed to keep its promise of providing adequate relief and rehabilitation.

Gonsalves had said that in the report it is clearly mentioned that the authorities have not properly implemented the Mahatma Gandhi National Rural Employment Guarantee Act (NREGA).

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Further,the dwelling houses for Dalits in the village are made of mud and not cement,the report said adding even the district collector did not visit the village and instead,only met the victims at the Valmiki Temple in the national capital where they were given shelter.

The apex court had on June 2 warned that it would “take a very serious view” if such incidents recurred.

“Such incidents of killings are taking place for the last five years,” the Bench said during the hearing while expressing anguish that the administration was not doing enough.

The apex court had recorded an undertaking from Haryana government that it would rebuild some of the houses damaged in the arson and provide employment to at least one member of each affected family under MNREGA or other government-sponsored schemes by the next hearing.

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The apex court had expressed displeasure at the manner in which the state government failed to anticipate the situation and prevent the incident.

It had directed the District Commissioner,Hissar,to visit the Valmiki Temple in the capital,where the victims had taken shelter,to assess the damage and examine the cause.

It had asked the Advocate General of Haryana to appoint a two-member committee of advocates to look into the cause and extent of damage to the properties of the victims.

On April 21,a 70-year-old Dalit man and his 18-year-old physically-challenged daughter were burnt alive in the incident,forcing about 150 families to flee the village and take shelter at the Valmiki temple.

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The apex court passed the direction on a PIL filed by some of the affected persons seeking action against the culprits and protection and rehabilitation of the aggrieved families.

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