Why a UP minister has backed ‘encounter’ of accused if they do not surrender

BJP ally and state minister Sanjay Nishad led a protest against his own government, with the Opposition joining in and backing his calls for justice. X/ Sanjay Nishad

A day after a trader from Uttar Pradesh’s Gonda district died of injuries sustained during a dispute over social media posts, the matter snowballed into a political controversy on Friday as BJP ally and state minister Sanjay Nishad led a protest against his own government, with the Opposition joining in and backing his calls for justice.

The incident, which comes months before Assembly elections in UP, has taken on a caste colour as the trader is from the Nishad community and three of the accused who have been arrested are from the “upper caste”, according to the police. Nishad on Friday reiterated that if the accused who remain absconding do not surrender, then “encounter becomes necessary” and any unauthorised property they own must be bulldozed.

“A criminal does not have any caste. So, if one does not surrender, then encounter becomes necessary. Otherwise, he will kill more people. It is similarly necessary that unauthorised property of the accused faces bulldozer action like in other cases,” Nishad told The Indian Express.

“One must understand that in the districts there are hardly any officers from the most backward or the Scheduled Castes in prominent posts. Thus, there is always the pressure of caste and it is necessary for us to stand and raise our voice for our colleagues,” Nishad said.

Earlier in the day, the minister and NISHAD Party leader led a protest march and held a sit-in outside the Gonda Collectorate, demanding that officers demonstrate the same “zero-tolerance” as in other cases. Congress leader Triloki Nath Tiwari and Samajwadi Party’s (SP) state secretary Digvijay Singh were among those who participated in the protest.

Nishad called off the protest, saying District Magistrate Priyanka Niranjan had assured that the demands of the trader’s family would be communicated to CM Yogi Adityanath and that the strictest possible action would be taken against the accused. Three policemen have been suspended over “dereliction of duty” in connection with the case.

“There were some demands that were placed by the victim’s family. Minister Sanjay Nishad had also raised these demands. The administration and the police heard them and, according to the zero tolerance policy of the Chief Minister, they were assured that no accused would be exempted. They have been assured that strict action would be taken as per law and the victim family would be given all assistance,” said Niranjan.

The trader who was killed

On Wednesday night, a group of men allegedly set upon 45-year-old Vinod Sahani while he was on his way home after downing the shutters of his shop. The police arrested three men late on Thursday night in connection with the attack.

“The investigation has found that Vinod allegedly posted some messages on social media about Hindu deities and saints, angering people. A group of locals allegedly attacked him when he was returning home from his shop. He was beaten up with sticks, leaving him with critical injuries, following which he died. The accused arrested belong to the upper caste,” Gonda SP Abhishek told The Indian Express.

Following the attack, Sahani was moved to the King George’s Medical University (KGMU) Hospital in Lucknow, where he succumbed to his injuries on Thursday. Sanjay Nishad arrived there soon afterwards and held a sit-in outside the mortuary along with the state president of the SP’s backward classes cell, Rajpal Kashyap.

At the hospital, Nishad said that people from his community had been “declared criminals and killed in encounters” in the past and issued the call for the use of encounters and bulldozers if the accused were not caught.

“Bahut aise cases hain, jo mere samaj ke logon ko bhi aparadhi ghoshit karke encounter kiya gaya. Unhe pakda jaye, nahi hota toh encounter kiya jaye. Jitni avaidh sampatti hai, us par bulldozer chalaya jaye. Jitne thana adhyaksha hain, jinhone laparwahi ki hai, unke khilaf bhi karwai honi chahiye (There are many cases where people from my community have been declared criminals and killed in encounters. They [the accused in Gonda case] should be arrested, and if they cannot be caught, there should be encounters. Bulldozers should be used against all their illegal properties. Action should also be taken against all the station house officers who have been negligent),” he said.

However, on Friday, before starting his protest in Gonda, Nishad praised the state administration for the “swift action” taken the day before, pointing out that three of the accused had been arrested. “This has happened because the government is with us. But the family wants that no accused should be exempted. Strict action should be taken; the Gangsters Act and the National Security Act should be applied; and the remaining accused should be caught even if an encounter is required, so that they cannot indulge in such crime again,” he said.

SP backs justice call

The incident has, however, turned into a political issue, with the SP and the Congress seeking justice for Sahani’s family. Sources said that SP leaders, including the party’s Nishad community leader Kajal Nishad, met the trader’s family in Gonda on Friday and assured them of the support of SP chief Akhilesh Yadav.

A day earlier, Akhilesh, in a post on X, had called for a “high-level, impartial investigation” into the incident. “In BJP rule, crime and anarchy in UP have reached their peak. By forcing the police to be complicit in their misdeeds, the BJP has not only weakened the power and influence of the police but has also thoroughly corrupted them by turning them into participants in false cases and encounters,” he wrote.

Asked about the SP leader’s statement and the Opposition party backing the call for justice for Sahani’s family, Sanjay Nishad told Express, “The SP is merely doing politics over the issue. It should be remembered that swift action was taken on Thursday because we are part of the government. The SP did not give us space in the government during their rule, so they have no right to talk about our issues.”

“Every person has their own way of doing politics. In a democracy, people have the right to protest. He is a minister and is standing with his community. His community has raised some sentiments, which he has raised and that is natural. But whatever action is taken will be in accordance with the law. Encounter is not a state policy. However, if any criminal targets the police, the police have complete freedom to take action,” BJP spokesperson Rakesh Tripathi told Express.