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Hostility, betrayal, and a long road to justice – The chilling details of how Chandan Gupta’s family was pressurised during trial

The advocate representing the convicted individuals has already stated that they will appeal in the High Court. This means the battle for real justice for Chandan Gupta is far from over.

On 3rd January, a special National Investigation Agency (NIA) court presided over by Additional District Judge Vivekanand Sharan Tripathi in Lucknow sentenced 28 accused in the Chandan Gupta murder case to life imprisonment under Section 302 of the Indian Penal Code (IPC) and other sections.

Chandan was brutally murdered during violence that occurred during the Tiranga Yatra on 26th January 2018 in Kasganj, Uttar Pradesh. The accused were convicted on 2nd January 2025. OpIndia accessed multiple court documents and FIRs related to the case. During the trial, a hostile environment was created for Chandan’s family in the Kasganj court, forcing his father to file a plea in the Allahabad High Court to transfer the case. Furthermore, the nexus of Islamists was so strong in the Kasganj court that several witnesses reportedly turned hostile as the case progressed in the courts.

Why the Chandan Gupta case was transferred from Kasganj to Etah

As the case proceeded in the Kasganj court, Sushil Gupta, father of Chandan Gupta, filed an application in the Allahabad High Court seeking the transfer of the case. The judgment dated 10th March 2022 revealed shocking details of why Sushil approached the High Court for the transfer.

According to the court document accessed by OpIndia, in his application, Sushil Gupta alleged that Munazir Rafi, one of the accused in the case, was pressuring him to enter into a compromise in the murder case. Furthermore, he said that some senior advocates in Kasganj refused to represent Chandan’s side due to Munazir’s influence and intimidation tactics.

Gupta further told the court that Munazir and his supporters, including a significant section of the local legal community, created a hostile environment for Chandan’s family, making it impossible for them to get fair legal representation. This situation left Sushil apprehensive about the possibility of an impartial trial in Kasganj.

During the hearing of the matter in the High Court, Sushil argued that his son’s murder case could not be fairly tried in Kasganj due to the hostile environment and undue influence of the accused. He highlighted that no senior advocate in the district had filed a vakalatnama on his behalf, further leaving him vulnerable in pursuing justice for his son. On the other hand, the accused’s counsel claimed that Sushil’s allegations were baseless.

After carefully examining the case, the High Court bench, led by Justice Anil Kumar Ojha, concluded that his apprehension of bias in Kasganj was reasonable. It noted that the influence of Munazir Rafi, combined with the refusal of senior advocates to represent Gupta, created an environment where justice appeared unreachable.

On 10th March 2022, the Allahabad High Court allowed the transfer application and directed the District Judge of Kasganj to transfer the case to the District Judge of Etah within two weeks. It further instructed the District Judge of Etah to assign the case to a competent court.

The court observed: “Coming to the facts of the present case, the applicant has filed an affidavit stating therein that no senior advocate of District Kasganj has filed a vakalatnama on behalf of the applicant due to the influence of opposite party no. 30 and groups of advocates supporting opposite party no. 30. In the facts and circumstances of the case, it may be a reasonable apprehension in the mind of the applicant that he will not get justice at Kasganj. Moreover, justice should not only be done, but it should be seen to be done. Keeping in view the entire facts and circumstances of the case, I deem it appropriate to transfer the aforesaid case from District Kasganj to District Etah.” Party no. 30 here was Munazir Rafi.

Munazir Rafi and murder of Advocate Mohini Tomar

Munazir Rafi is currently lodged in Kasganj jail for his involvement in the Mohini Tomar murder case. Munazir is a lawyer by profession and practices in the Kasganj court. Speaking to OpIndia following Mohini’s murder, Chandan’s brother Vivek said that Munazir’s name had come up during the investigation. He was not only part of the mob that stopped the Tiranga Yatra but also part of the mob that carried out the deadly attack on the participants, leading to Chandan’s death. Vivek said that during the attack, Munazir was holding weapons.

Munazir was also accused of pressurising Chandan’s father, Sushil Gupta, to settle the case outside court. He used his position as a practicing advocate to intimidate Sushil and create an environment where senior advocates refused to represent the Gupta family in Kasganj. This situation forced Sushil to approach the Allahabad High Court and get the matter transferred to Etah, from where it was eventually transferred to the Special NIA Court in Lucknow.

Munazir’s name surfaced in the Mohini Tomar murder case, which was mentioned in the judgment in the Chandan Gupta murder case as well. Mohini was known for her fearless advocacy. She actively opposed Munazir’s bail in Chandan’s case and was a prominent voice against him. In the complaint filed by Mohini’s husband following her disappearance in September 2024, he highlighted that her strong opposition to Munazir made her a target.

Munazir and his associates were allegedly involved in Mohini’s murder. They reportedly hired professional killers to murder Mohini. Her dead body was recovered from a canal a day after her disappearance. Munazir is facing trial in that matter.

The role of Chandan Gupta’s friends

While the Muslim community in Kasganj stood firmly with the accused killers, betrayal from Chandan’s own community was painfully evident. Two of Chandan’s close friends, Anupam Chouhan and Vivek Maheshwari, who the family was counting on as key witnesses, didn’t appear in court at all.

The biggest shock came from Chandan’s closest friend, Prateek Malu. Social media posts mention that Prateek’s family had a close bond with Chandan’s – his sisters tied Rakhi to Chandan, and the Gupta family saw him as their third son. Despite this, Prateek turned hostile during the trial and testified in favour of the killers, leaving Chandan’s family heartbroken.

The road to justice – A long way to go

The hostile environment faced by Chandan Gupta’s family throughout this trial highlights just how much remains to be done when it comes to ensuring justice in this country. From the refusal of senior advocates in Kasganj to represent the family, to key witnesses turning hostile, the challenges were immense. It was only the strong will of Chandan’s family and the determination of the state government to punish the guilty that led to the conviction of the murderers.

However, this is not the end of the road. The advocate representing the convicted individuals has already stated that they will appeal in the High Court. This means the battle for real justice for Chandan Gupta is far from over. The family’s resilience and determination will once again be tested as they continue their fight in the higher courts to ensure that the murderers remain behind bars. Justice must not only be done but seen to be done, and until that day, the struggle for Chandan’s family continues.

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Anurag
Anuraghttps://lekhakanurag.com
B.Sc. Multimedia, a journalist by profession.

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