“Faida Hoga?” He asked me. I knew the answer. But didn’t tell him
The law is taking a new course of conviction-clemency-release in Haryana as epitomised by release of several hardcore criminals in the state after securing a gubernatorial nod under Article 161 of the Constitution, and new revelations show that one of those released was a close kin of state home secretary B D Dhalia.
Son of Dhalia’s sister, Mohinder killed a 22-year-old Bharat Bhushan at Jawahar Chowk locality of Fatehabad, yards away from his own house. It was a street fight, and the assaulter had never known the victim. A portrait with Bhushan’s family of the victim is emblazoned with words “Black Sunday”. For a Dussehra night, it certainly brought unexpected darkness into their lives.
“Some youth were beating up a rickshaw wallah and Bhushan intervened, upon which Mohinder dared him and then killed him with a sharp-edged tool his father used for making shoes,” recalled Bhushan’s father Vir Bhan and several other eye-witnesses.
Sessions Court Hisar convicted and sentenced Mohinder to a life term in September 1994, and an appeal in the High Court did not work in 1997. But recently something else worked. Article 161 of the Constitution.
“We applied sometime back, requesting the government to remit the balance of the sentence and the governor agreed since Mohinder’s conduct in the jail was good,” said his elder brother Ramesh Joiya, who prides himself for being closely related to the senior bureaucrat and describes himself as a “journalist, writer, advocate and human rights activist.”
The state cabinet, before which the proposal to remit Mohinder’s sentence was put up, recommended the case to governor on April 13 this year, and on May 9, Mohinder walked free. Since then he has been seen in Fatehabad off and on, but the family is keeping his whereabouts as a closely-guarded secret.
Sources however said Mohinder was inside the house as his brothers Joyia and Rakesh Kumar spoke to The Indian Express. Despite persuasion, the family did not let The Indian Express speak to Mohinder.
Almost all the proposals for other cases where cabinet has recommended release of convicts under Article 161 were moved by Dhalia, except for the one concerned with Mohinder which was moved by a joint secretary.
“He has spent over six-and-a-half years in jail. What is the harm if he has been set free,” asked Rakesh, but that is a query best addressed to Bhushan’s elder brother Murari Madaan. “I feel extremely insecure. Mohinder had told some people in jail that he would soon be out and will fix me for getting him sentenced. Now I don’t even tell my parents where am I going,” he said.
Madaan of course sees no anomaly in criticising the release of Mohinder on recommendation of Chief Minister Om Parkash Chautala’s government and being the district spokesperson of Chautala’s Indian National Lok Dal (Youth). “It is not Chautala who is directly responsible. It is home secretary Dhalia who is related to the family,” shouted an agitated Vir Bhan and his wife whom The Indian Express met at their Jagjiwan Pura house.
But Ramesh has a defence. “If we were to use our connections, could we not have tried so that Mohinder never goes behind bars?” he argued. But Vir Bhan said they did try very hard and also brought immense pressure upon witnesses in the case.
“For three months we had to go around in circles trying to procure records from police that a Ram Lila did occur on the fateful day as the defence had argued that there was no Ram Lila in Fatehabad that year. A witness had mentioned that a Ram Lila was on nearby when the incident occurred,” said Vir Bhan, alleging that police was under pressure from the victim’s kins and was not parting with records.
Life has never been the same for Vir Bhan and his family. “The incident was a big blow, and neither I nor my wife have ever kept very well after Bhushan’s death. She has become a psychological wreck, and I have been bed ridden. My commission agentship business at vegetable market suffered and we have no one to turn to,” said Vir Bhan as he clutched a photograph of Bhushan and broke down.
“I know that with Mohinder out of jail, justice has once again been denied to us even after we secured it from courts. I want to fight against this, but we are a poor family. Even then I can spend some of my savings. Is there hope if I go to court again?” Vir Bhan asked.
“I can spend Rs 10,000, and will borrow some but I have to find out how much will it actually cost, and whether there is hope. Saadi tan insaaf layee keeti saari tapasaya hi khatam ho gayee.” It was heartbreaking to tell Vir Bhan how must it may cost to fight against the well-connected, but his son Murari realises.
“Please suggest me a way to fight against injustice without appearing to oppose CM saab,” he pleads. “After years of working for the INLD, I am now hoping that I will get some regular job. I have even put up photos of Chautala and Devi Lal ji in each and every room. There is even an INLD flag atop my house,” he said, and repeatedly reminds to write about the portraits and the flag in the news report.
His next course of action is to take along his family members and meet Chautala to apprise him about what happened. “And if I fail to get justice then I will fight through legal means. Kya fayada apni sarkaar ka yadi hamaare bhai ka qatil chorr diya.”
“So you will fight?” I asked.
“Faida hoga?” he asked.
I knew the answer. But didn’t tell him.
“You should have told him,” my photographer colleague scolded me on the way back. “What’s the point? He too knew the answer,” I shot back. This time, we both agreed. We are all a people of weak constitution. Make that a capital C please.
August 29, 2002