On April 10, 2022, riots erupted in Khargone, Madhya Pradesh, after Hindus were attacked by Islamic extremists on Ram Navami. The violence not only targeted Hindu houses and businesses, but also police officers. Rioters had shot the district’s SP, and the blame for the rioting was ingeniously thrown on Nupur Sharma’s remarks on the Islamic prophet.
To analyse the damage caused by the violence, the government formed a tribunal led by a retired judge. The government established this tribunal under the ‘Prevention and Recovery of Damage to Public Property Act.’ Several senior former top officers, including retired IAS, are members of the panel.
This tribunal sent several of the offenders notices of damages and penalties in accordance with the investigation’s conclusions. A certain media section made an effort to turn one of those notices into a point of disagreement in those letters. This notice was delivered to a 12-year-old juvenile. The minor child is from the Muslim community, and his father’s name is Kalu Khan.
The panel has imposed a Rs 2.9 lakh fine on him. The tribunal believes that the accused 12-year-old juvenile was actively involved in violence and caused property damage. The panel has also ordered Kalu Khan to pay Rs 4.8 lakh since the tribunal thinks both father and son were complicit in the attack.
12-year-old hits headlines
The 12-year-old entered the media spotlight shortly after the notice was published. Numerous accounts refer to the alleged violent perpetrator as a “child.”
With headlines like “sleeping kid,” institutions like The Wire and Maktoob Media also entered the fray.
High Court rejected the demand for cancellation of notices
Media reports refer to Prabhat Parisar, a member of the tribunal. He stated that children or minors are protected from prosecution in criminal instances, but the issue of compensation is civil, not criminal. According to Parashar, the accused’s lawyer, Bashar Ali, is yet to provide any rationale or proof to support his innocence. According to this report, Bashar Ali went to the Indore High Court to have the notice dismissed, but the High Court asked him to state his case before the tribunal.
The ADM of Khargone told OpIndia that the damage assessment and recovery are being handled by the tribunal. He stated that the chairman of the recently established tribunal is a retired judge, not an administrative person. This tribunal, according to ADM, is acting on the basis of substantial evidence.
Action is being taken on the complaint of victims, not the administration
OpIndia met with a member of the tribunal formed to probe the Khargone riots. The member has been a former senior bureaucrat. He informed us that the notice being reported in the media is the initial notice and that it has not been pronounced as a final judgement. In addition, the member stated that the compensation notice, which was also issued, was issued on the complaint of a victim of violence rather than by the tribunal or any administrative official.
According to the tribunal member, by giving the notice, the accused have been given the chance and time to defend their case. He stated that if it is interpreted as an instruction to deposit money quickly, it is incorrect. According to the tribunal member, the family of the 12-year-old accused have presented their case to the tribunal, which will make a final judgement shortly alongside other members.
Responsibility of next to the kin in compensating for loss on exemption in criminal cases
The tribunal member, who did not want to be identified, went on to say that while the law grants minors immunity in criminal trials, it is also important to pay for the damage done. He informed us that the minor’s relatives had also been notified at the same time. Some children, according to the member, had actively joined in the violence. Finally, we were informed that no one was being treated unfairly and that the tribunal’s processes were fair.
Vivek, the leader of Khargone’s VHP (Vishwa Hindu Parishad), spoke to OpIndia. Vivek told us that not only the riot victims but also the majority community of Khargone, are impressed with the tribunal’s and administration’s actions. Concerning minors, Vivek informed us that many juveniles were participating in the violence that targeted Hindu houses and businesses. The VHP leader also anticipated that the administration will continue the action equitably and without any pressure.
Minors looted shops
Raju alias Rajesh Taylor informed us that his shop was looted and torched during the Khargone violence and that he was robbed of roughly Rs 25 lakh. Rajesh went on to say that several of the perpetrators of the theft were children, whose faces were also recorded on CCTV. Rajesh, who fully supports the recovery action against the offenders, stated that owing to the tribunal’s and administration’s action, he has gotten around two and a half lakh (2.5 lakh) rupees out of his entire loss so far.
Rajesh has sent us video evidence and pictures of the violence to back up his accusations. Some youngsters can be seen actively participating in the violence, with stones evident in their hands, in the video.
However, while criticising the administration’s assistance as inadequate, Rajesh informed us that he is doing everything he can to resurrect his ruined enterprise.
