Living in Fear, Gurugram Mob Attack Victims Settle for ‘Peace’

As part of the compromise, Sajid told the court he would not oppose bail of those arrested. All 13 are out on bail.

Mushir has not gone to school since 21 March, but what he misses most is his game of cricket with his friends. But the 14-year-old knows he can’t say ‘cricket’ at home.

That’s because it was an argument over his favourite game that blew up in Gurugram’s Bhondsi district on 21 March – 20-25 Gujjar men vandalised his father, Sajid Siddiqui’s home and thrashed his family.

Forty-year-old Sajid filed an FIR against these men. “They asked us to go to Pakistan,” he told the police. A week later, a cross-FIR was filed against Sajid by one of the Gujjar men who said he was beaten by Sajid’s relative.

Investigations proceeded without attracting much attention. But some days later, Sajid filed a compromise petition in court in the name of ‘peace and quiet.’ The Quint returned to Bhondsi to understand how, in the absence of sound legal advice, and faced with relentless social pressure, Sajid chose to ‘compromise’. 

As a consequence of Sajid’s petition, all 13 men arrested for the violence, that was also captured on video, have been released on bail. A policeman in Bhondsi police station who is aware of the case, said on condition of anonymity, "Samaaj aur panchayat bhi ek cheez hoti hai man-mutaav mitanee ke liye. (There’s something called society and a panchayat too that plays a role in ending enmity)."

A hint that the police knew of the the ‘compromise’, and perhaps even facilitated it.

Succumbing to Mounting Pressure & Fear

The crowds outside Sajid’s home have shrunk and the shards of glass have finally been cleared up. Samira wears a pensive gaze as she stares at the broken windows of her home which was built just three years ago.

She was beaten up too that day. She had repeatedly intervened to save Sajid from the mob, and got hit on her arms. She seems upset at being kept out of the decision to compromise.

“I have not sent my six kids to school since the incident. We don’t let them play cricket like they used to,” she says. “We can’t live like this for so long... we may move to Badshahpur, 7 kilometres away, where our shop is and other relatives live,” she tells The Quint. The family business is repairing and selling electronic appliances.

Interestingly, what Samira told The Quint is in stark contrast to the razinama (compromise petition) Sajid’s family has submitted in court.

‘No Pressure or Fear’... Really?

In the second para, Sajid’s ‘compromise’ petition reads, “On 8 April 2019, we have come to a compromise with the respected people of the society sans any pressure, greed, or fear, and now we do not wish to proceed with any legal proceedings. This is because we wish to live in this society in peace and quiet”.

While Sajid has told the court he has filed a compromise petition in the interest of ‘peace and quiet’, Samira believes the only way they’ll find it, is if they relocate.

Just like Samira, Sajid’s 21-year-old niece Daanishtha was also not part of the decision to compromise. At great personal risk, it was Daanishtha who shot the viral video capturing the mob violence. Her presence of mind perhaps saved the lives of her family members. When they saw her filming the violence, the attackers backed down.

“I have not spoken to my uncle. What needs to be done should be done but I am not one bit happy with this compromise,” she told The Quint.

But Sajid describes the relentless pressure he faced. Relatives and friends of the accused visiting his home daily, pushing him to strike a compromise, he says. "Sometimes they sit outside, or they come in too. Telling me to withdraw complaint."

When asked why he finally gave in, he said, "Buzurg log bole ki galti ho gayi. Agar baat nahi maanta to mere liye hi dikkat ho jati, maan samman ki baat ho jati. Humein bhi yahaan par hi toh rehna hai. (The elders said the boys made a mistake. If I did not listen to them, then I would face difficulties. It would mean I had disrespected them. I also have to live here all my life.)”

The petition also reads, “We do not mind if any case registered against them is dismissed or if they are granted bail. We wish to cancel this case.” 

The 13 accused men got bail within 3 days of this petition being submitted.

“I am worried about them getting bail. After they were released they (the Gujjars) asked us to be part of a joint press conference in front of the media. To show everyone the matter was resolved. But we did not go. The matter is not resolved for me.”

Samira

She is also bitter that the Gujjars gave them no money for agreeing to settle the case.

"More than Rs 2 lakh were stolen when they vandalised our home. That money was for our business," she said, adding how lack of funds kept Sajid from procuring spare parts for water coolers on time. “Business that would have come to us this summer has gone to other traders,” she says.

A Compromise Born Out of Intimidation

Sajid says the cross-FIR filed against him on 28 March really terrified the family. The complaint was filed by one of the Gujjar men, Kaala alias Rajkumar, a week after Sajid’s FIR was filed. Kaala alleges he was present when the initial argument over the game began, was allegedly beaten up and was taken to hospital for treatment. He ran away from the hospital and resurfaced days later to surrender. Since many claimed he was part of the brawl in the beginning, the police were on the lookout for him.

Sajid says the cross-FIR against them was the final push towards compromise, "To say we will leave because we are scared is one thing, but I built this home with a lot of money, so some days after we got to know about the cross-FIR, we told them we would compromise," he said.

He asks them everyday if they have dropped the cross-FIR, but they keep saying 1-2 days more. "He calls one of his friends in distress and says, "Agar main maroonga, to unko leke maroonga. (If I go down, I’ll take everyone with me)."

All their nervousness is rooted in them being unsure of getting their end of the bargain. They are yet to hire a lawyer in the case, with the lawyer of the accused handling the paperwork for both cases. 

They already feel the pinch of not being monetarily compensated and currently they are not even sure if cross-FIR against them will be dropped at all, while they’ve already submitted a compromise petition.

Sajid Kept Unaware of the Law

Now, while Sajid has shown willingness to compromise, legally it is not that simple. This is because, legally speaking, both the FIRs cannot be dropped.

In the case of the original FIR, Section 307 (attempt to murder) and 148 (rioting) of the IPC are both non-compoundable offences. This means the court bars you from entering into a compromise as it is a crime against the state and not against an individual.

Similarly, Section 324 (voluntarily causing hurt by dangerous weapons or means) of the IPC in the cross-FIR is also non-compoundable. Senior advocate and human rights lawyer Vrinda Grover said,

“These sections are non-compoundable. Whether it is murder or rioting, one cannot say that ‘I do not wish to pursue this case.’ The case is a state case, not anyone’s case, you have provided the information and hence are a witnesses who is required in the case.”

Vrinda Grover, Senior Advocate

But when The Quint spoke to Sajid, he was unaware about these details.

In his petition, Sajid said he wanted to ‘cancel the case’ and that ‘he does not not oppose bail’. While it is not his place to cancel the case as the crime is committed against the state, him saying that he would not oppose bail played a large role in all 13 being granted bail within 2-3 days.

Grover added that it was under duress that these kinds of razinamas (compromise petitions) are often signed. She said:

“An atmosphere of fear and duress is created where not only do people first suffer on account of simply belonging to a certain community, but then the right or access to justice is also impeded. Precisely because they are not from the majority community. This is a fit case where immediately victim-witness protection must swing into action.”

Senior advocate Kamini Jaiswal said, “In this case, not only is the complainant a witness, but several other people as well. So the police will have to file a charge sheet based on these witnesses and also maybe ask for protection for Sajid’s family.”

Sajid has not hired a lawyer and does not know he can ask for and deserves protection under the law. He also doesn’t know there are provisions under the law to make justice more accessible tohim. While one can understand why Devraj wouldn’t clarify legal options for Sajid, the fact that the police also did not intervene to inform Sajid of his rights is concerning.

On the 13 accused being granted bail, Grover said, “Opposing their bail is the public prosecutor’s job. This is a fit case for seeking cancellation of bail. If the state does not do that, questions should be raised about the partisan nature of prosecution by the state. This razinama shows why cancellation of bail is urgent. If the accused are out (on bail) it will not be possible for these people to depose without fear.”

Hindus Say, ‘Won’t Pay Them a Penny’

In Nayagaon, a kilometre away, The Quint met the Devraj Singh, the uncle of one of the accused, Amit. Devraj is a lawyer and is overseeing the entire compromise. He chose not to meet us at their home but at a palatial guest house also owned and run by them. They are zamindars by birth and have two other homes in Naya Gaon.

“This compromise would have been struck much earlier. But there were some local leaders who were trying to make their career by repeatedly bringing the issue into the limelight.”

While he is hinting that there was political support for Sajid, The Quint has found out that there was in fact, none. When asked if they were going to monetarily compensate Sajid for vandalising his home, Singh said, “Our boys were also hurt and needed medical care. We won’t give them a penny.”

Singh says it will take a few months for the court to throw the case out. “If the witnesses do not want prosecution, the court will have to throw the case out eventually, could take a few months,” he said.

When asked what about the cross-FIR, Devraj said, “I am overseeing this. The paperwork is ready. We will do it soon.” When The Quint asked if they could have a look at this paper work, he politely refused.

The communal fault-lines which were exposed through the Gurugram mob attack are now being brushed under the carpet like nothing ever happened. But of course, it did.

Back in their home, Samira and Sajid are worried about the future. Meanwhile, the 13 accused, now out on bail, are continuing with life as before. Amit, who loves branded clothes, spends his day driving around Bhondsi in flashy cars.

Meanwhile, Samira is too scared to let Mushir take his bat out to play.