Dehradun Police delayed filing an FIR in Tripura student Anjel Chakma's stabbing, later denying racial motives despite family claims of racial slurs. Murder charges were added after his death, but not those for racially motivated violence; main accused is still at large.
The nation may be in shock over the brutal killing of a young Tripura student who was attacked for resisting racial slurs but police records show that the Dehradun Police lodged an FIR after a delay of three days in the Anjel Chakma case.
After Chakma died on December 26, police did not invoke provisions of the criminal law that mention a murder committed on grounds of race. In fact, the Dehradun Police have now said officially that prima facie, there is no evidence of the case involving racial violence. The claim, however, is the opposite of the Chakma family's version that their son was subjected to racial abuses.
THE DELAY
The Dehradun Police admit that they received a complaint from Anjel's brother Michael on December 10 against unidentified people, a day after the assault. However, police did not immediately lodge an FIR. Instead, they only made a general diary entry and first investigated the claims by checking CCTVs and going to the spot to speak to witnesses. This was despite Anjel being brutally stabbed and in hospital.
Finally, on December 12, an FIR was lodged against unidentified people. This was three days post the incident. The courts, in trials in multiple cases in the past, have questioned the delay in lodging of FIRs by police -- something that proves to be a major disadvantage for prosecution in courts.
The FIR was lodged under sections of BNS pertaining to causing grievous hurt by stabbing and intimidation.
Five persons were arrested on December 14, five days after the assault. But the main accused, Yagyaraj Awasthi, continues to be at large. Police have been unable to arrest him even three weeks after the assault.
THE DENIAL
After Chakma's death on December 26, police added Section 103 (1) of the BNS, which pertains to murder punishable with death or life imprisonment.
But police did not invoke Section 103 (2) BNS which says: "When a group of 5 persons or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground, each member of such group shall be punished with death or life imprisonment."
The section was not invoked despite six persons being named for the assault and the family claiming racial abuse.
This stands explained, as Dehradun Police have now said there is no prima facie evidence of this being a case of racial violence. Police say the main accused is from Nepal and another accused Suraj Khawas is from Manipur, debunking the racial violence theory.
The Chakma family, however, says Anjel and his brother had clearly faced racial slurs.
THE POLICE VERSION
Police say the violent incident happened outside a liquor vend in Dehradun. It says the Chakma brothers ran into an intoxicated group of six people and there was an argument. SSP Dehradun has described it as a "hot clash". "There were hot talks and confusion that some comment had been made...this led to a fight," the SSP has said.
Uttarakhand Chief Minister Pushkar Dhami spoke to the deceased's father on Monday and informed him that both Home Minister Amit Shah and Defence Minister Rajnath Singh had called him regarding the incident.