FIR delay to racial violence denial: Questions over Dehradun Police handling of Anjel Chakma case

Following Chakma’s death on December 26, the police added Section 103(1) of the Bharatiya Nyaya Sanhita, prescribing death or life imprisonment for the offence of murder

• Police delayed FIR after Tripura student Anjel Chakma's fatal stabbing
• Five of six accused arrested; main accused Yagyaraj Awasthi remains absconding
• Police didn't charge racial violence due to insufficient prima facie evidence

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While the brutal killing of Tripura student Anjel Chakma has sent shockwaves across the nation, police records reveal delays and gaps in the investigation. The Dehradun Police lodged an FIR three days after the attack, and despite Chakma’s death on December 26, did not apply sections dealing with racially motivated murder, according to a report by CNN-News18.

In fact, the Dehradun Police have now officially said there is no prima facie evidence of racial violence, a position at odds with the family’s allegation that their son was targeted with racial slurs.

The Dehradun Police have acknowledged receiving a complaint from Anjel’s brother, Michael, on December 10 -- one day after the assault -- against unidentified persons. However, instead of registering an FIR, police made only a general diary entry and began a preliminary inquiry, checking CCTV footage and visiting the scene to speak with witnesses, even though Anjel had been brutally stabbed and was hospitalised, the CNN-News18 report said.

On December 12, three days after the incident, an FIR was finally lodged against unidentified people. The FIR was lodged under sections of BNS pertaining to causing grievous hurt by stabbing and intimidation.

Five days after the assault, five people were arrested on December 14 in connection with the incident. The main accused, Yagyaraj Awasthi, however continues to be at large. Police have not been able to arrest him even three weeks after the assault.

Following Chakma’s death on December 26, the police added Section 103(1) of the Bharatiya Nyaya Sanhita, prescribing death or life imprisonment for the offence of murder.

However, the police did not invoke Section 103 (2) BNS which says: “When a group of 5 persons or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground, each member of such group shall be punished with death or life imprisonment."

This was not invoked despite six people being named in the assault and the family’s claims of racial abuse.

According to the Dehradun Police, the absence of charges related to racial violence is due to a lack of prima facie evidence supporting that claim. Police have said the main accused is a Nepali national, while another accused, Suraj Khawas, is from Manipur, which they say undermines the racial violence theory. The Chakma family, however, insists that Anjel and his brother were clearly abused with racial slurs.

Of the six accused allegedly involved in the murder, five have already been arrested, while Yagyaraj Awasthi, a resident of Kanchanpur district of Nepal, is absconding and a reward of Rs 25,000 has been announced for his capture.

Two of the five accused are minors, while the three arrested accused have been identified as Suraj Khwas (22), Avinash Negi (25), and Sumit (25), all residents of Manipur currently living in Dehradun.