Train Firing Case: Police Adds 'Hate Speech' Offence Against Accused RPF Constable, Says Couldn't Obtain CCTV Footage From Many Coaches

Railway Protection Force Constable - Chetan Singh (33) who is accused of shooting his senior and three Muslims passengers onboard the Jaipur Mumbai Super-Fast Express has been additionally charged with Section 153A of the IPC related to hate speech.

On Monday, Borivali Magistrate Shivdatta Patil extended Singh’s police custody till August 11. The media was once again not permitted to witness the remand proceedings.

“In the statements of eye witnesses, it has been found that Singh made provocative statements that would create a feeling of discord, hatred fear and insecurity between two religions, therefore Section 153A of the IPC has been added to the said crime,” the remand report reads.

The Borivali Railway police also claims that CCTV footage from cameras of many coaches “couldn’t be obtained” since the train is running every day. It may be noted Singh allegedly shot most of his victims inside the trains carriages making this footage invaluable.

According to the report, Singh has additionally been charged with Sections 341, 342 and 363 of the IPC related to wrongful confinement and kidnapping for allegedly dragging one of the victims from the boogie to the pantry area at gun point before murdering him.

Police sought his custody to recreate the crime scene, collect further evidence and complete his mental evaluation.

During Singh’s first remand the police cited Singh’s mental evaluation as one of the main reasons for extension of custody. If insanity is proved, Singh may serve no punishment for his alleged crimes. Live Law had analyzed the remand and pointed out how it failed to mention Singh’s alleged hate filled utterances after allegedly shooting one of his victims.

In the second report submitted before the Borivali Magistrates Court on Monday, the police said Chetan allegedly had an argument with his senior and therefore shot him and three others.

Significantly it states that Singh’s complete medical examination is underway at Cooper Hospital and Singh’s custody was required to complete this medical evaluation.

Singh’s voice samples and pictures have been sent to the forensic laboratory in Kalina along with the viral tapes to check if the hateful utterances were in fact his, according to the remand.

Singh was represented by Advocate Amit Mishra.

Regarding the CCTV footage the remand application states, “The footage of some cameras in the carriage of 12956 Jaipur Super-Fast has been obtained. But, since the said train is running continuously every day, the footage of the CCTV cameras in many coaches of the train could not be obtained. Therefore, out of the witnesses who have been identified on the basis of the footage, the statement of many witnesses is yet to be recorded and a more thorough investigation is yet to be conducted against the arrested accused based on the information received from witnesses.”

However, it noted that statements of several eyewitnesses, ticket checker, motorman, other railway employees have been recorded and senior – Railway Protection Force ASI Tikaram Meena- and Singh’s colleague’s call records have been recovered.

The remand adds that the accused hails from Hathras in Uttar Pradesh and has earlier worked in Gujarat and Madhya Pradesh.

BACKGROUND

During the wee hours of August 1, RPF constable Chetan Singh allegedly tried to strangulate his colleague, fired four rounds on his immediate senior Railway Protection Force ASI Tikaram Meena, and then travelled to different bogies and murdered three passengers - visibly distinguished by their religious identity.

The passengers have been identified as Abdul Kadarbhai Mohammed Hussain Bhanpurwala (58), a resident of Nalasopara in Palghar and Asgar Abbas Sheikh (48), a resident of Madhubani in Bihar and Sayed Saifuddin alias Sayed Safiullah (43) from Hyderabad.

During this time, in a video widely reported by the media, Singh, standing next to a body, is purportedly heard saying: "...Pakistan se operate hue, aur media yehi coverage dikha rahi hai, unko sab pata chal raha hai ye kya kar rahe hain... Agar vote dena hai, agar Hindustan mein rehna hai to mai kehta hoon Modi aur Yogi, ye do hain."

He is booked under Sections 302 (murder), 151, 152, 153(A) (promoting hate), 342, 343 (wrongful restraint), 363 (kidnapping), 3, 25 and 27 of the Arms Act