Press Release, 3 October 2020

Dear Chief Minister,

Just when we thought that nothing could numb our consciences and brains further, the handling of the Hathras incident by the Uttar Pradesh administration has shown that, as a nation, we are plumbing the depths of depravity and callousness in governance. A young Dalit woman is brutally violated. Almost three weeks after the incident, the police are yet to confirm the crime of rape and are still spinning theories around it, although the video of what amounts to her dying declaration seems to confirm it. Her neck was lacerated, her spinal column was broken and there were cuts on her tongue. Instead of promptly admitting her to a hospital with advanced facilities for dealing with trauma, she was allowed to languish in the Jawaharlal Nehru Medical College and Hospital, Aligarh. She was moved to Delhi only two weeks after the incident, that too on the request of her family, a case of too little, too late. What followed was an even greater travesty of justice and basic human values. After her death, her body was despatched post haste to her village and cremated in the dead of night by policemen. Being a person attached to a persuasion of the Hindu faith, you would be well aware that Hindu customs require the nearest kin to offer agni to the mortal remains. Both the sacred traditions and the family’s pleas that they would perform the cremation in the morning were ignored. To add insult to injury, a policeman is reported to have told the bereaved family that they were also to blame and the District Magistrate has apparently been captured on video making veiled threats to the family that they should be careful about their statements to the media, because the officials would be around even after the media departs.

It is being touted in the media that the Prime Minister has asked you to “fast track” this case to secure an early conviction. With our experience as erstwhile administrators in different departments of the central and state governments, our group of former civil servants had, in the past, highlighted the brazen violations of the rule of law in the Unnao rape case and in the murder of the police inspector in Bulandshahr. We note with concern that, even after two years, the ghastly murder of a brother officer has not stirred the UP police and your administration to bring the case to closure. In these circumstances, we may be forgiven for viewing UP’s fast track justice system with scepticism.

We are, in fact, concerned with the novel interpretations of fast track justice in the state governed by you. In recent days, we have seen two instances where alleged criminals have met their deaths while being transported by the police to Uttar Pradesh. Even if they were guilty of the offences listed against them, they were entitled, under the Constitution of India and the laws of the land, to a fair trial. Denial of this right amounts to violation of Article 21 of the Constitution. Your administration has also initiated draconian measures against anti-CAA protesters, including detention and levy of punitive fines. You seem to believe in combining the roles of judge and executioner, as evidenced in a recent interview where you advocated the philosophy of “an eye for an eye.” Equally reprehensible, some months ago, you ordered the withdrawal of cases registered against you in the past. Politicians never tire of saying “the law must take its course”. Why depart from this article of faith for your party and government? .

The Hathras district administration feels it can flout human sentiments at will, apart from rapidly disposing of evidence in cases of offences against the body. All those complicit in these violations of law and tradition must be punished. While it is in the order of things that you have suspended the Superintendent of Police, there are adequate grounds for immediate suspension of the District Magistrate as well; we insist that departmental proceedings against them be started at the earliest. Action under Section 4 of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 must be initiated against all those officers and men of the district police and the executive magistracy who have wilfully neglected the duties enjoined on them under this Act. We also note with regret that the Chief Secretary and the Director General of Police have failed abjectly in exercising control over a highly compromised administration. We urge them to live up to the proud traditions of the Indian Administrative Service and the Indian Police Service, in whom the people of this country still repose faith. The meek surrender of the Uttar Pradesh bureaucracy and police, especially its All-India Services, to political diktat has shamed all of us who deem it a badge of honour to belong to these services.

But, ultimately, all responsibility rests with you as the Chief Executive of the state. Your actions over the past three and a half years give us little reason to believe that your actions are motivated by respect for the rule of law. We urge you to conduct your administration in accordance with the letter and spirit of the Constitution of India, to which you have sworn allegiance when you assumed office. In the present instance, we hope you will deliver justice to the victim and her family, without fear or favour, despite the efforts of specific upper caste groups to interfere with the course of justice. We also hope you will ensure that officers of your administration implement the rule of law in a just and fair manner.

SATYAMEVA JAYATE

Yours sincerely,

(92 signatories; Full list of signatories available on Countercurrents.org.)

(Constitutional Conduct Group is a group of 106 former senior bureaucrats with the government of India, who have organised themselves under this name. Most of them were IAS, and include IPS, IRS, IFS officials. They include top former Secretaries, DGPs and even RAW officials.)