NIA court convicts 28 in ABVP worker’s murder in Kasganj; acquits two for lack of evidence
LUCKNOW: In a significant development, the special National Investigation Agency (NIA) court of Lucknow convicted 28 of the 30 accused in the high-profile Chandan Gupta murder case.
The court acquitted two accused giving them the benefit of doubt in the dearth of evidence. The quantum of punishment to the convicts of the case is expected to be delivered on Friday.
The victim, Chandan Gupta alias Abhishek Gupta, was shot during the Tiranga Yatra, organised by Vishwa Hindu Parishad (VHP), as part of the Republic Day celebrations on January 26, 2018 in Kasganj district. Consequently, the R-day celebrations turned into violent communal clashes in the district.
The incident happened when Chandan, an activist of Akhil Bharatiya Vidyarthi Parishad (ABVP), accompanied by his brother Vivek, was riding a motorbike that was part of the Tiranaga Yatra procession. As per the prosecution, as the yatra reached Government Girls College on Tehsil Road, it was ambushed by a group of anti-social elements from Muslim community. They were fully armed with an intent of creating trouble.
The attackers, identified as the main accused Saleem followed by his brothers Naseem and Waseem along with Zahid alias Jagga, Asif Qureshi alias Hitler and others, allegedly obstructed the procession of over 100 bikes. The troublemakers even snatched the tricolour mounted on the motorbikes, threw it on the ground while shouting pro-Pakistan slogans and compelling others to do the same.
During the trial, the prosecution presented the series of incidents that led to full-fledged communal conflagration during which the miscreants indulged in heavy stone pelting, firing, arson and vandalism targeting the procession. During the course of events, Saleem specifically targeted Chandan Gupta and fired at him resulting in his death. Gupta who had sustained a bullet injury, was rushed first to Kasganj police station by his brother and later to district hospital in critical condition. At the hospital, the doctors declared Chandan dead upon arrival.
The violence continued for the next few days before it was brought under control. In the wake of the anti-national nature of the incident, the local police commenced the probe into it and handed it over to the National Investigation Agency (NIA) later due to the complexities involved in the case and also the implications therein.
The district police had registered the case against 20 named and scores of unidentified persons. In all, the Kasganj police had arrested 49 persons in connection with the case.
The NIA filed the initial chargesheet against the main accused Saleem, Naseem, Waseem and 27 other accused persons on April 26, 2018. NIA invoked charges of rioting, grievous harm with stones and firearms, unlawful assembly, attempted murder, defamation, threatening life and property and also charges under the Prevention of Insults to National Honour Act.
The NIA court delivered the order convicting 28 accused persons under Sections 147, 148, 307/149, 302/149, 341, 336, 504 and 506 of Indian Penal Code (IPC).
Accused Naseeruddin and Asim Qureshi were acquitted for want of evidence. Of the 28 convicts, one Azizuddin is no more. During the trial, Chandan's father Sushil Gupta and his brother Vivek Gupta had given their testimony as eyewitnesses against the accused.
After the NIA court's order of conviction after six years of the incident, both the parents of victim Chandan Gupta expressed satisfaction in the conviction of the accused. Chandan’s father is a manager in a private hospital and his brother Vivek Gupta runs a Public Distribution (ration) Shop, while Chandan’s mother Sangeeta Gupta is a homemaker.