Akhlaq lynching case: UP govt's plea to drop charges against all accused rejected; case marked ‘highly important’

NOIDA: A fast-track court on Tuesday rejected UP govt's application for withdrawal of charges against 10 Bisada villagers facing trial for the mob lynching of Mohammad Akhlaq in Sept 2015.

Additional district judge Saurabh Dwivedi ordered daily hearings instead to speed up the trial. The judge also asked the Noida police commissioner and Greater Noida DCP to ensure evidence is safeguarded. The court will hear the case next on Jan 6, when statements of the remaining key witnesses - including Akhlaq's son Danish and wife Ikraman - will be recorded.

Judge Dwivedi, citing the gravity of the crime, observed that murder is a serious offence committed against society and the state prosecutes such cases so that fear of law and order is maintained in society.




"The application submitted by the prosecution is without any basis. Therefore, for this reason, this court finds the application liable to be rejected," the judge said.

Place Akhlaq case files in highly important category, says court

Categorising the case as "highly important", the judge decided to conduct hearings on a daily basis.

"The principle of criminal jurisprudence has been established for larger public good. In addition, section 321 of CrPC (under which the withdrawal plea was filed) has been enacted for this very reason, which provides for the consent of the court in such matters. Keeping this broader perspective in mind, Section 360 of BNSS also provides for giving the victim an opportunity of hearing," the judge ruled.

"The case in question pertains to the year 2015, and in the present case charges were framed on Feb 25, 2021. Accordingly, keeping in view the legal position laid down by the Hon'ble Supreme Court, this court considers it appropriate to place the case file in the category of 'highly important' and further finds it proper that the disposal of the case file be carried out as expeditiously as possible," the judge said, ordering officials to properly index the case file as "very important" and affixing a sticker on it.

Bhag Singh Bhati, the additional district govt counsel, argued that withdrawal of the case was needed for restoring harmony, reiterating what the state application said. The prosecution pointed to contradictions in the statements of Akhlaq's family members regarding the number of accused - 10, 16 and 19 - and referred to one of the forensic reports that said the meat sample collected from his house was that of a cow or its progeny. The application also highlighted the lack of firearms and personal enmity.

In her counter-application, Akhlaq's wife Ikraman called the withdrawal plea "misleading" and "politically motivated". "No such grounds have been presented in the application to justify that the said offence should be withdrawn or that such withdrawal would be appropriate and in the interest of justice," she argued.

Ikraman also referred to several Supreme Court cases, including Sheo Nandan Paswan vs State of Bihar, where the court struck down politically motivated withdrawals, and Tehseen S Poonawalla vs Union of India, which addressed the rise in cow vigilantism.

The crime dates back to the night of Sept 28, 2015, when a mob stormed Akhlaq's house in Bisada village of Dadri following rumours - spread via a local temple announcement - that the family had slaughtered a cow and stored beef. Akhlaq was dragged outside and beaten to death, while his son Danish suffered critical injuries that were inflicted on him by the same mob. He survived after two head surgeries.

Police registered an FIR naming 10 accused initially in the case and several unidentified persons under IPC sections related to murder, attempt to murder, and house trespass. The number of accused eventually rose to 18. Three were declared juveniles, two have since died, and the rest are currently out on bail.

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