Bharat

Ajmer Rape Case: Justice delayed and still

The fact that only six of the 18 accused have been convicted with Life Imprisonment is an ample proof that justice delayed is indeed justice denied

Published by
Adv Amitosh Pareek

At 2pm on August 20, Ajmer POCSO court pronounced a historical and long-awaited judgement convicting six accused – Nafees Chishti, Naseem alias Tarzan, Salim Chishti, Iqbal Bhati, Sohail Ghani and Syed Zameer Hussain – in Ajmer Rape Case of 1992. Those who fight for justice do get justice, but delay sometimes overshadows justice, as the saying goes ‘justice delayed is justice denied’ .

Ajmer Rape Case of 1992 was one of the most horrific targeted gang rape case that happened on the soil of Bharat, though it remained hidden from public discourse

Let’s recall what had happened in 1992: The Islamic gangs led by Farooq Chishti, a member of the family of Ajmer Dargah Sharif groomed, lured and gangraped around 1,100 Hindu girls between the age of 12 and 20. The girls belonged to influential families, and were studying in renowned educational institutions. They were not just raped but blackmailed as well through their photographs. Six victims committed suicide while many others left the city to escape becoming judicial witness in the case.

The Scandal

The credit for bringing the case to light goes to a local newspaper Dainik Navjyoti, which carried a detailed news about the gruesome rapes committed by Ajmer Dargah Chistis, prominently on the front page of its April 21, 1992 edition. The news report carried some heart-wrenching photographs as well. Had it not been for the newspaper Reporter Santosh Gupta and Editor Deenbandhu Chaudhary, may be more girls would have committed suicide and many more fallen prey to the local goons. It really needed the nerves of steel to expose the case that involved political leaders and members of the Khadim family of Ajmer Dargah Sharif.

According to Chaudhary, the law enforcement agencies were fully aware of the scandal for more than a year before the news report was published but took no action against the accused. On May 15 1992, another report was published in the newspaper along with blurred images of victims which led to a public outcry. Still, the authorities took no action.

The Ajmer District Police discovered that several affluent young men from the families of Khadims, the caretakers of the Sufi saint Khwaja Moinuddin Hasan Chishti dargah, were involved in the scandal

As news spread, it was picked up by other newspapers, including Lehron ki Barkha, run by a local journalist Madan Singh. Following the publication of the news, Singh was shot at on Ajmer’s Srinagar Road, and admitted to the JLN Hospital. While at the hospital, he was assaulted and killed by 5-6 persons.

The Investigation

After the publication and exposure of the rape scandal, the local Police lodged an FIR (number 107/1992) at Police Station Ganj Ajmer against the eight accused viz Nasim alias Tarjon, Ishrat, Moijullah @Puttan, Parvez Ansari, Harish Tolani, Kailash Soni, Purshottam @Babli and Farookh Chisty under section 120-B, 376/120B, 292, 292,120-B, 509/120-B and 376 of the Indian Penal Code. Further investigation found that a total of 18 men were involved in the gang rapes. A report was submitted to SP Ajmer on May 30, 1992 and chargesheet filed before the court against the accused.

It is really sad that the trail of the case took 32 years during which many victims who were supposed to be witnesses turned hostile. Only a few brave ones stood their ground. Ajmer Mahila Samooh which took up the case withdrew soon after following continuous threats

Significantly, this was the first time in the history of Rajasthan when the National Security Act (NSA) was enforced to arrest the eight accused. Many accused crossed Ajmer border and police had to issue Red Corner Notice against them.

Rajasthan Police Special Operation Group arrested accused Saiyeed Salim Chisty from Khalid Mohalla on January 4, 2012. While the court has pronounced Life Imprisonment for the accused, one cannot say if justice has been served!

The Trial

The case witnessed numerous setbacks – many accused were acquitted by higher courts or released on bail. It is pertinent to mention here that the case has been heard by various courts such as High Court, Supreme Court, Fast Track Court, POCSO Court. The trial began in September 1992. Six chargesheets naming 18 accused were filed. There were over 145 witnesses. Over 100 teenagers were exploited but only 17 victims gave statement during preliminary investigation. Most of the 18 accused charged with abduction and gangrape were Khadims and belonged to the clan of caretakers of Sufi shrine of Ajmer Dargah Sharif of Moinuddin Chisti.

Ajmer Rape Case Convicts Must Be Hanged: Dr Surendra Jain

In 1992, hundreds of Hindu girls were exploited and brutally gang-raped in Ajmer by the “Khadims” and former Congress leader Nafees Chishti. After 32 long years, the POCSO Court in Ajmer has delivered a historic verdict, convicting Nafees Chishti, Naseem alias Tarzan, Salim Chishti, Sohail Ghani, and Syed Jameen Hussain in this case. The national Joint General Secretary of Vishva Hindu Parishad (VHP) Dr. Surendra Jain stated that we welcomes this historic decision in the Ajmer Rape Case but gravity of the crime demands that all the convicts should not merely be imprisoned but be sentenced to death.

Dr. Surendra Jain expressed regret over the fact that it took 32 years for more then hundred young victims to overcome numerous obstacles in their pursuit of justice. The journey for justice took many turns through various courts (High Court, Fast Track Court, Supreme Court, and POCSO Court), but ultimately, truth prevailed, and the brutal atrocities against our Hindu daughters were punished, though not fully. The death penalty is essential.

Dr. Surendra Jain emphasised that the time has come for the dark history of Ajmer Dargah Sharif to be brought to light. It is important to note that Salman Chishti was merely following the teachin gs of Sharia and his mentor, Moinuddin Chishti, at whose Dargah he served as a ‘Khadim.’ He committed numerous atrocities against Hindus and demolished various Hindu temples, which were symbols of faith for Hindus. It is also an established fact that many rapists were office bearers of Congress. There has always been a close connection between Jihadis and Congress.

Dr. Surendra Jain also stated that Ajmer Dargah Sharif is a symbol of brutal killings and atrocities against Hindus. He emphasized that the Vishwa Hindu Parishad has repeatedly appealed to Hindus not to visit Dargah Sharif, as their money is being used by Khadims for illegal and anti Hindu purposes. The Ajmer rape case is a clear example of it. It is also worth noting that Chishti had also called for the economic boycott of Hindus.

It is no secret that the Khadim family has been involved in controversies in the past. We should not forget that after the brutal murder of Hindu tailor Kanhaiya Lal, Ajmer Dargah Khadim Gauhar Chishti met one of the accused, Riyaz Attari. It is also significant that Sarwar Chishti, from the Anjuman Committee of Ajmer Dargah, made inflammatory statements that incited violence and threatened to “shake the whole of India.” Reports suggest that Sarwar Chishti identified himself as a member of the banned organisation (Popular Front of India) and called for the economic boycott of Hindus from Ajmer Dargah. Continuing the streak of hatred towards Hindus, Sarwar Chishti’s son, Syed Ali Chishti, and Aadil Chishti mocked Hindu deities, while Gauhar Chishti raised the “Sar Tan Se Juda” slogan, threatening Hindus. We should also remember that the secretary of the Anjuman Syed Zadagan, an organisation of Khadims of Ajmer Sharif Dargah, used derogatory language against our daughters.

Out of the 18 accused, nine were previously sentenced, one committed suicide, one was later charged for molesting a boy, one was declared fugitive by the court of law. Only six completed their trial in July 2024. Eight accused who were sentenced to Life Imprisonment  by the Trial Court appealed before the High Court of Rajasthan, which acquitted four, while upholding the Life Imprisonment for the rest. The four who got Life Imprisonment moved the Supreme  Court in 2003, and the Supreme Court reduced their sentence to 10 years.

The accused appealed before the Jaipur Bench of the Rajasthan High Court against the order of conviction passed by the Additional Session Judge, Ajmer. It is pertinent to mention here that the Court vide judgement dated 20.07.2001 granted acquittal to Harsh Tolani and others. But, it confirmed and upheld the conviction of accused Moijullah @ Putlan, Israt Ali, Saiyed Anwar Chisti and Shamsuddin @ Maradona. It is pertinent to mention here that accused Anwar Chisti (also written as Chishty) was the Joint Secretary of the Indian National Congress.

Moijullah Vs State of Rajasthan, 2004 CLR (SC) 259

The convicted four accused approached the Supreme Court of India against the order passed by the High Court of Rajasthan dated 20.07.2001 whereby the Supreme Court vide its judgement dated 19.12.2003 ruled:

“….that in any event the sentence of Life Imprisonment under Section 376 or under Section 376/120-B IPC is too harsh. Having regard to the facts and circumstances of the case we are of the view that the ends of justice will be met if the sentence is reduced to 10 years Rigorous Imprisonment from Life Imprisonment. Accordingly, we reduce the sentence imposed by the courts below against the appellants to 10 years Rigorous Imprisonment.” And thereby the Life imprisonment of the accused was reduced to 10 years of imprisonment by the Supreme Court of India.

The main accused Farookh Chisty preferred an appeal against judgement passed by the Additional Session Judge (Fast Track) Number 1 Ajmer in Case Number 91/2002 judgement dated 01.02.2007 whereby the accused were convicted and sentenced for Life Imprisonment. It is pertinent to mention here that during the trial, the accused submitted application that he was suffering from some mental ailment and therefore vide order dated 18/6/1997 his trial was separated from the other accused. Significantly, Farookh Chishty was the president of the Ajmer Youth Congress. The Jaipur Bench of the Rajasthan High Court vide its judgement in the case on dated September 10, 2013, allowed the appeal by stating that he had served enough time and therefore released him.

POCSO Court Ajmer

During the investigation, a second chargesheet was filed against Nafees Chishti, Salim Chishti, Iqbal Bhati, Sohail Gani, Sayed Zameer Hussain, and Almas, who were also named in the first chargesheet, and absconding. They were sentenced to Life Imprisonment on August 20, 2024.

Nafis Chishty was the vice-president of Ajmer unit of Indian National Congress (INC). He was absconding until 2003, before being caught by the Delhi Police while trying to escape, wearing burqa. Prosecution Witness Number 15 named Sangeeta, in her deposition, stated that while she was studying in Class 12, in Savitri School she got introduced with Nafees and Farookh. They took her to a Farm House where Anwar and Ishrat were already present. Nafees pushed her into a room and raped her. Prosecution Witness Number 17 named Madhu Bala, in her deposition, identified Nafees and stated that he along with others gangraped her.

After a long wait of almost 32 years, finally the accused in this heinous case have been convicted. For the victims and their families, the wait has been long and gruelling. The Special Court at Ajmer convicted six of the remaining seven accused. It sentenced them to Life Imprisonment and imposed a fine of Rs Five Lakh. Remember that all these convicted people are associated with the Khadims of Ajmer Sharif Dargah which is celebrated by Secular Hindus.

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