Prosecution Of Political Killings During Elections
Political killings during elections are among the most serious threats to democratic processes. These killings typically arise from political rivalry, partisan violence, or attempts to control the electoral process through intimidation and coercion. In India, such incidents are often linked to the contest for power between rival political parties or factions, and they undermine the sanctity of elections and the safety of citizens.
The Indian legal system recognizes that political violence is illegal, and several provisions of the Indian Penal Code (IPC) are invoked for the prosecution of political killings. These include Section 302 (Murder), Section 307 (Attempt to murder), Section 120B (Criminal conspiracy), and Section 34 (Acts done by several persons in furtherance of common intention). Additionally, Section 125 of the Representation of the People Act, 1951 prohibits any form of intimidation or violence during elections.
Below are some notable case studies and legal precedents relating to political killings during elections and the legal actions taken against the perpetrators.
**Case 1: The 2016 Kannur Political Killings (Kerala)
Kannur, a district in Kerala, has seen several instances of political violence due to intense rivalry between political parties, particularly the CPI(M) and the BJP. In 2016, during the local body elections, two political workers—CPI(M) member P. Suneesh and BJP worker R. Krishnan—were brutally murdered. Both men were attacked in broad daylight, allegedly by the opposite political party, as part of the ongoing political conflict.
Charges and Prosecution: The accused were charged with murder (Section 302 IPC), conspiracy (Section 120B IPC), and rioting (Section 147 IPC). Additionally, many of the accused were charged under Section 34 IPC for committing the crimes with a common intention.
Court’s Ruling: Several individuals were arrested and charged in connection with the killings. The trial proceedings are ongoing, with political parties accusing each other of involvement in the violence. The case has drawn attention to the increasing use of violence in electoral politics in Kerala and has prompted calls for stronger state intervention.
Significance: This case highlights the danger of partisan violence and political assassinations. It underscores the complexity of prosecuting political killings, where witnesses are often unwilling to testify due to fear of retaliation or political pressures.
**Case 2: The 2014 West Bengal Panchayat Elections Violence
During the 2014 West Bengal Panchayat elections, widespread violence occurred, with several instances of political killings, intimidation, and ballot-box stuffing. One of the most significant incidents occurred when TMC (Trinamool Congress) supporters allegedly attacked BJP and CPI(M) workers, resulting in several deaths. The victims were often local leaders or workers who were targeted either for their political affiliation or for contesting the elections.
Charges and Prosecution: The accused individuals were charged with murder (Section 302 IPC), attempted murder (Section 307 IPC), criminal conspiracy (Section 120B IPC), and rioting (Section 147 IPC). The police filed cases against TMC supporters and local goons who were reportedly paid to carry out violence during the election process.
Court's Ruling: The prosecution struggled to gather strong evidence due to the intimidation of witnesses and the political influence exerted during the trial. The court eventually convicted a few individuals involved in the killings but failed to prosecute several others due to lack of evidence. The case continued to be controversial because of political interference in the judicial process.
Significance: This case underscores the role of political parties and their supporters in orchestrating violence during elections. It illustrates the challenges in prosecuting political killings in a highly polarized environment, where political affiliations often influence the investigation and trial process.
**Case 3: The 2018 Kathua Rape and Murder Case (Jammu and Kashmir)
Though primarily a case of rape and murder, the Kathua case (2018) also had strong political undertones, as the victim was a young Muslim girl who was allegedly abducted, raped, and murdered by several Hindu men. The case became a flashpoint during the Jammu and Kashmir state elections. While the murder was not directly related to political campaigning, it was heavily politicized, with political parties attempting to use the case for their electoral advantage, leading to further violence and polarization.
Charges and Prosecution: The main accused were charged with murder (Section 302 IPC), rape (Section 376 IPC), and criminal conspiracy (Section 120B IPC). The trial also involved several other sections under the Indian Penal Code, including kidnapping (Section 363 IPC) and attempt to commit a cognizable offense.
Court's Ruling: The case gained national attention, leading to the conviction of six individuals involved in the rape and murder, and the court sentenced the main accused to death. However, due to the political nature of the case, there were allegations of partisan interference in the judicial process, with the involvement of various political leaders raising questions about the impartiality of the investigation.
Significance: The Kathua case is significant because it shows how political killings or violent acts can become part of electoral campaigns. It highlights the interplay between political interests and justice, especially in cases where the violence is politically charged or aimed at intimidating specific communities for electoral gains.
**Case 4: The 2017 Uttar Pradesh Assembly Elections Violence
During the 2017 Uttar Pradesh Assembly elections, widespread violence occurred, especially in rural areas, with numerous reports of political killings. A prominent case was the murder of Shiv Kumar Yadav, a worker of the Samajwadi Party (SP), allegedly killed by members of the BJP in a dispute over election results. Another incident involved the killing of CPI(M) workers in Bhadohi, who were attacked in retaliation for alleged electoral manipulation.
Charges and Prosecution: Those accused in the violence were charged with murder (Section 302 IPC), attempted murder (Section 307 IPC), and criminal conspiracy (Section 120B IPC). The accused in both incidents were linked to rival political factions, and several people were also charged with intimidating voters and creating disturbances.
Court's Ruling: The trial saw some convictions, though many cases were either delayed or unresolved due to the polarized political environment and witness intimidation. While some accused individuals received jail terms, others remained free due to lack of sufficient evidence or influence from powerful political figures.
Significance: The UP elections highlighted the dangers of political violence where murder and assault are used as tools to either secure power or silence opposition. The difficulty in achieving justice in such cases due to political influence and witness tampering remains a significant issue.
**Case 5: The 2003 Bihar Election Killings
In Bihar, during the 2003 elections, a spate of political killings took place, allegedly carried out by RJD (Rashtriya Janata Dal) supporters against members of the BJP and Congress. A notable incident occurred when BJP leaders were ambushed in Patna by gunmen linked to a rival faction. Several workers were killed, and numerous others were injured in the shooting spree.
Charges and Prosecution: The accused were charged with murder (Section 302 IPC), attempted murder (Section 307 IPC), and criminal conspiracy (Section 120B IPC). The case was investigated, but due to the high political stakes, many key witnesses were either threatened or silenced, making prosecution difficult. Several of the alleged attackers were part of a larger political network.
Court's Ruling: The case was one of the most high-profile political killings in Bihar during that time, but many accused individuals were either acquitted or never convicted. The trial faced several delays, and the long political rivalry between the RJD and BJP made it challenging to bring justice.
Significance: This case demonstrates the extreme nature of political violence in Indian elections and the challenges law enforcement faces in prosecuting cases where party loyalty and power struggles are central to the killings. The long delays in the trial and eventual acquittals highlight systemic issues with the judicial handling of politically motivated crimes.
Conclusion
Political killings during elections represent a grave threat to democracy and the rule of law. These crimes are often deeply rooted in political rivalries, ethnic divisions, and vote manipulation, and they undermine the integrity of the electoral process. While there is a legal framework in place to prosecute such crimes, political interference, witness intimidation, and delays in the judicial process often hinder the effective prosecution of those responsible for political violence.
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