Lapses in on the spot prevention of the hate crime, that resulted in brute murder, including failure to record eye witness evidence and poor investigation in all has dogged Karnataka police investigation into the Idrees Pasha lynching-murder that took place late on March 31-April 1. A fact finding report has now detailed the specific lapses after field visits and detailed interviews with eye witnesses, victims and survivors. The abject failure of the local police including its refusal to handover the post mortem report to the family of the deceased.

An independent impartial investigation, Rs 10 lakh in compensation to the deceased’s family, providing family with the post mortem report and strict action against errant and complicit police officers has been recommended in the report.

Idrees Pasha, 38, was found dead on a roadside in Sathanur village of Ramanagara district, about 150km from Bangalore.  The police said a group of five vigilantes had allegedly stopped Pasha’s truck full of cattle in Sathanur and brutally assaulted its three occupants. Syed Zaheer, one of Pasha’s two companions who survived the reported attack, told the media that the vigilantes refused to let the truck go even after Pasha told them he had papers to prove he had, legitimately, bought the animals at a cattle market. He also said the assailants asked the trio to “go to Pakistan”. The shocking discovery of Pasha’s body led to local people blocking the road and demanding immediate arrests.

The lead-up to the recently held Karnataka state assembly elections has been spotted with hate crimes, where attacks on religious minorities, especially Muslims and even Dalits and Christians have taken place. On the night of March 31, reports had stated how just before 12:00 pm midnight, a vehicle driven by one Zaheer Pasha who was accompanied by Irfan and Mr.

Idrees Pasha and carrying 16 animals, was stopped by five persons including Mr. Puneeth Kerehalli near the Santhemala Circle in Sathanuru village, extortion bids were made and then one of the three Idrees Pasha was brutally killed. The Karnataka High Court has granted conditional bail to cow vigilante murder accused Puneeth Kerehalli and four others who were arrested in connection with the murder of a Muslim man on April 18. They had been refused bail by the trial court after the public outcry that led to their arrest on April 5 on charges of murder of a Muslim man on suspicion of cow theft, in Karnataka’s Ramanagara district.

Kerehalli and other accused were initially booked on charges of murder, assault, criminal intimidation, wrongful restraint and intentional insult to provoke breach of peace. All accused are known to be associated with Rashtra Rakshana Pade, founded by Kerehalli.

The fact-finding team comprised of advocate Sivamanithan, Siddharth K J, Dr. Sylvia Karpagam, Khasim Shoaib Qureshi and members of All India Jamaithul Quresh (Karnataka). The report, Fact Finding Report into the Murder of Idrees Pasha in Sathanuru, Ramnagar, Karnataka was released on May 25.

Witness Accounts

According to oral statements made by witnesses to the fact-finding team, Puneeth, Kerehalli and his associates were armed with sticks and cricket wickets. The attackers were parked there in anticipation of vehicles carrying animals and this is not the first time they have indulged in these activities. This location is not more than 600 meters from Sathanuru Police Station. We were informed by the Superintendent of Police (Ramanagara) that on that night there were only 3police personnel on duty. A patrol vehicle which had gone on rounds earlier had not spotted the vehicle of Puneeth Kerehalli.

After stopping the vehicle, Mr. Puneeth Kerehalli alleged that the vehicle was transporting stolen animals. But when the driver denied this stating that they had receipts issued by the RMC Yard from where they had bought the animals, Puneeth Kerehalli asked them to call the owner of the cattle and send Rs 2 lakhs. Mr. Idrees Pasha refused to comply with such demands and asked the driver,  Zaheer Pasha to drive ahead. The vehicle took a right turn towards the road passing through the Police Station.

What emerges from above statements and facts is that a group of anti-social elements have brazenly taken law in their hands, for the alleged purpose of extorting money and targeted attacks on Muslim community. They physically assaulted three citizens at a very close distance from the police station without any fear of the police. But the police instead of immediately apprehending the attackers, has allowed them to go in search of the other victims. Even when one of the police personnel at the Police station had seen the assault himself, the attackers were not apprehended even as they filmed themselves outside the police station. Based on the statements collected by the Fact-finding team, we would like to bring the following observations to your notice:-

The fact that anti-social elements felt emboldened enough to stop vehicles and extort money at such close distance from police station and the fact that the police didn’t prioritize the safety and security of the victims’ points towards the impunity enjoyed by them. If the police had immediately apprehended all the attackers and had urgently searched for the victims, it is possible that the life of Mr. Idrees Pasha could have been saved. The fact that Puneeth Kerehalli and his group has been involved in several cases of violence before this incident shows that ineffectiveness of the police in deterring such repeat offenders.

Despite the allegations of attempt to extort money by the accused, the third FIR (CR 0054/2023) doesn’t invoke relevant provisions of Indian Penal Code.

We were informed that the police personnel had taken signatures of the surviving victims on plain white sheets.

The team was also informed that the surviving victims, who are also eye- witnesses to the attacks, have not be involved in the spot inspection at the site of the crime nor the police made any efforts to take the eye witnesses to before the Hon’ble Magistrate for their statement under section 164 CrPC.

A copy of the Post mortem Report has not been shared with the family of the deceased.

Observations in Report

The fact that anti-social elements felt emboldened enough to stop vehicles and extort money at such close distance from police station and the fact that the police didn’t prioritize the safety and security of the victims’ points towards the impunity enjoyed by them. If the police had immediately apprehended all the attackers and had urgently searched for the victims, it is possible that the life of Mr. Idrees Pasha could have been saved. The fact that Puneeth Kerehalli and his group has been involved in several cases of violence before this incident shows that ineffectiveness of the police in deterring such repeat offenders.

Despite the allegations of attempt to extort money by the accused, the third FIR (CR 0054/2023) doesn’t invoke relevant provisions of Indian Penal Code.

The team were informed that the police personnel had taken signatures of the surviving victims on plain white sheets.

The team were also informed that the surviving victims, who are also eye- witnesses to the attacks, have not be involved in the spot inspection at the site of the crime nor the police made any efforts to take the eye witnesses to before the Hon’ble Magistrate for their statement under section 164 CrPC.

A copy of the Post mortem Report has not been shared with the family of the deceased.

RECOMMENDATIONS

Based on the above facts and the observations, we would like to make the following recommendations:-

To the Police Department
 

1: INVESTIGATION

Ensure that a thorough impartial and independent investigation is carried out in the incident.

2: COMPENSATION

A compensation of Rs 10 lakhs should be provided to the family of Mr. Idrees Pasha.

3: POST MORTEM REPORT

Make a copy of the Post mortem report available to the family of the deceased immediately.

4: DIRECTIONS TO POLICE STATIONS

Issue direction to all Police Stations to apprehend such anti- social elements who are taking law in their own hands.

5: RECORDING OF STATEMENT

Record the statements of the eye witnesses under section 164 CrPC immediately.

6: DEPARTMENTAL INQUIRY

Institute a departmental inquiry into the lapses by the police personnel in this incident.

7: SUO MOTO REGISTRATION OF FIRs

The Police should take cognizance of videos depicting threats or acts of violence and/or torture or when they come to light and register suo moto FIRs.

Methodology

8: PREVENTIVE STEPS

Ensure strict compliance with the orders of the Hon’ble Supreme Court in Tehseen Poonawalla vs Union of India [AIR 2018 SC 3354] to ensure that preventive, remedial and punitive measures are taken to being an end to hate crimes. This includes among others – appointing nodal officers in each district to prevent such incidents, registration of an FIR without delay, preventing harassment of family members of victims, ensuring cases of mob violence are tried by Fast Track Courts on day-to-day basis, bringing out a victim compensation scheme, and holding police officials who fail their duties in preventing the violence accountable

9: REPEAL THE ACT

In view of the disruption to livelihoods caused by the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020, repeal the Act immediately.

The Report may be read here:

Related:

Karnataka’s Shame: Cattle trader, a Muslim, beaten to death by cow vigilantes

K’taka: Bail to cow vigilante, Puneeth Kerehalli, accused of killing Muslim man

Cow vigilantism continues with impunity in northern states of India

Under the guise of cow protection: reports of assault, illegal restraint against Muslims

Worsening Spiral of Communal Hate: State’s role in rising violence against minorities

The threat and lawlessness of “Gau-Rakshaks” in North India

Muslim truck driver allegedly attacked by cow vigilantes in Palwal, Haryana