The Supreme Court today granted bail to ten members of the Uttar Pradesh Provincial Armed Constabulary (PAC) who were convicted by the Delhi High Court in the 1987 Hashimpura massacre case. The bench, comprising Justice Abhay S Oka and Justice A G Masih, took into account that the convicts have been imprisoned for over six years since November 2018, when they were sentenced to life imprisonment.
The Court ordered that the convicts be presented before the Trial Court within a week for the execution of bail bonds. The decision to grant bail follows applications by ten convicts: Sami Ullah, Niranjan Lal, Mahesh Prasad, Jaipal Singh, Suresh Chand Sharma, Ram Dhyan, Hambir Singh, Kunwar Pal Singh, Budha Singh, and Mohkam Singh.
Senior Advocate Amit Anand Tiwari, representing the convicts, argued that the incident occurred in 1987, and the Delhi High Court had erroneously overturned their acquittals by the trial court in October 2018. Criminal appeals challenging the High Court’s judgment remain pending before the Supreme Court.
Background of the Case
The Hashimpura massacre, one of India’s darkest instances of custodial violence, occurred on May 22, 1987, during communal riots in Meerut, Uttar Pradesh. Armed personnel of the PAC allegedly abducted 42 to 45 Muslim men from the Hashimpura locality. It was later alleged that around 35 of the abductees were killed by PAC personnel on the same day, and their bodies were dumped in a canal.
In 2015, a trial court acquitted all the accused, citing insufficient evidence. However, in October 2018, the Delhi High Court overturned the acquittal, calling the massacre a “targeted killing” of defenseless individuals. The High Court sentenced 16 PAC personnel to life imprisonment under Section 302 (murder) and other sections of the Indian Penal Code.
Current Status
The Supreme Court’s bail order does not conclude the criminal appeals pending against the High Court’s judgment. The Court’s decision to grant bail acknowledges the prolonged incarceration of the convicts and their pending appeals.
Case Title: Sami Ullah and others v. Zulfikar Nasir and others, Crl.A. No. 1547-1549/2018.
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