CBI probe ordered into Mirchpur case: Haryana

Haryana government on Thursday said it has ordered a CBI probe into a case relating to attack on Dalits allegedly by upper caste members at Mirchpur village of Haryana`s Hissar district in April last year.

Updated: Jan 20, 2011, 21:26 PM IST

New Delhi: Haryana government on Thursday said it
has ordered a CBI probe into a case relating to attack on
Dalits allegedly by upper caste members at Mirchpur village of
Haryana`s Hissar district in April last year.

Special Judge (SC/ST Act) Kamini Lau was informed by
Haryana government counsel that the matter has been referred
to CBI for further investigations.
This was vehemently opposed by the counsel for victims who
submitted that the recommendation has been made on account of
"political compulsions under the pressure of Khap Panchayats
and the dominant community".

The court, on its part, decided to continue hearing saying
the apex court had transferred the trial in the case it to
Delhi as a large number of relatives and friends of the
accused gathered in Hissar on every date and the advocates
were so frightened that they were unable to effectively
conduct the case.

"This court will, under no circumstances, permit the
effect of the apex court`s order to be diluted," the Judge
said.

The apex court had on December nine last directed that the
case relating to the killing of a 70-year-old Dalit man and
his physically-challenged daughter allegedly by a mob of over
100 people be transferred to the special court here designated
under the SC/ST (Prevention of atrocities) Act, 1989 to
ensure a free and fair trial.

The court directed Haryana government to ensure protection
to the family members of the witnesses and the victims.
The direction came on an application filed by the victims
seeking a direction to provide protection by Central Reserve
Police Force to witnesses and their families at Mirchpur
alleging that they were receiving constant threats from the
accused.

"The grant of protection to the witnesses/victim of crime
is the obligation of the state. This court is not helpless in
issuing suitable directions for ensuring protection to the
witnesses, their families and the victims of crime so that
they are free from any kind of fear or pressure and also to
ensure a free and fair trial," the court said.

It directed Haryana government to inform the court about
the steps being taken by it to ensure protection to the
witnesses and the victims in the case.

The court, however, kept pending an application filed by
the accused seeking their transfer back to any jail in Haryana
from Tihar here as their counsel sought more time to study
case laws on the point whether the accused can be kept in a
prison beyond territorial jurisdiction of the trial court.

97 accused were transferred to Tihar from a Hissar jail
this month on a direction of the court.

The court posted the matter for further proceedings
relating to framing of charges against some accused for
February one.

It noted that charges had already been framed against 37
accused persons in the case.

Out of 103 accused, five are juveniles and one is out on
bail.

On April 21 last year, a Dalit man and his daughter
were burnt alive in violence against the community allegedly
by members of an upper caste, forcing about 150 families to
flee Mirchpur village in Hissar.

PTI