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March 31, 2013

Full Text of the Nimesh Commission Report (PDF)-Hindi


On 23rd November 2007, several blasts took place at court premises in Varanasi, Faizabad and Lucknow. No one was killed but many people were wounded. Several Muslim youths were rounded up for the blasts. About a month after the blasts, the Special Task Force of UP Police on 22nd December 2007 presented Hakim Tariq and Khalid Mujahid before the media in Barabanki district of UP. The police claimed the duo was arrested from the railway station in the district on the same day with huge arms and ammunition including RDX.
However, the family members of the duo and the villagers claimed the duo was picked about 10 days before and not in Barabanki. According to them, the state police picked Hakim Tariq on 12th December 2007 in Azamgarh and Khalid Mujahid on 16th December in Jaunpur. Many people had witnessed the picking, and a day after their picking the family had filed a complaint with the local police in Azamgarh and Barabanki. When the UP Police presented the duo as arrested in Barabanki on 22nd December, the family members and villagers got infuriated, they came out on the streets to protest. People protested in Azamgarh and Jaunpur and demanded the then chief minister Mayawati to order an inquiry into the arrest of the duo. Succumbing to the public pressure, on 14th March 2008 the chief minister constituted one-man RD Nimesh Commission to look into the claims of the police and the family members of the duo. About five years of inquiry, the commission submitted the report on 31st August 2012.
To read full text of the report, click here
  
Findings of the Commission
“The arrest of Khalid Mujahid and Tariq Qasmi with objectionable items in the morning of 22nd Dec. 2007 in Barabanki looks doubtful and the statements of the witnesses of the prosecution cannot be believed fully,” said the commission in its report.
The commission recommended legal action against the officers who implicated the duo in the case. “Therefore, it is recommended that the officers and staff who played key role in the conspiracy and thus violated the laws should be identified and legal actions should be taken against them.”
However, the commission itself did not fix responsibility for the lapses on any particular officer citing the case being trialed in court.
“The above case is pending before the District Court, Barabanki, so at this level we cannot fix responsibility on any person involved in the incident,” said the commission.
The Commission also made 12 recommendations to the state government to check recurrence of such incidents.
“In a terror case, a gazetted officer out of Police department should be made witness to recovery,” recommended the commission.
“Interrogation of the accused should be recorded on video,” is another recommendation.
“Special Courts should be set up to hear such cases,” recommended the commission.