New Delhi: While hearing the arguments on the Uttar Pradesh government’s plea to withdraw charges against all the 19 men accused in the 2015 Mohammad Akhlaq lynching case, a fast-track court in Greater Noida asked on Friday (December 12) whether a murder case had ever been withdrawn by the prosecution.
“Has a Section 302 case ever been withdrawn?” additional district judge (fast-track court) Saurabh Dwivedi twice asked twice during hearing, reported Hindustan Times.
Yusuf Saifi, the counsel of Akhlaq’s family said that he would be filing a detailed opposition shortly. After judge Dwivedi once again asked whether a murder charge had ever been withdrawn in this manner, Saifi said, “Never,” reported HT.
Akhlaq was killed by a mob in 2015 after rumours circulated that he had slaughtered a cow and stored beef in his home. His lynching set the precedent for a slew of incidents of mob vigilantism in the Modi decade.
According to an application filed before the upper sessions court in Gautam Buddha Nagar, the Bharatiya Janata Party (BJP)-ruled state government has requested the withdrawal of prosecution under Section 321 of the Criminal Procedure Code. Among the accused is Vishal Rana, son of local BJP leader Sanjay Rana.
The accused had been charged under several sections of the Indian Penal Code, now replaced by the Bharatiya Nyaya Sanhita, including 302 (murder), 307 (attempt to murder), 323 (voluntarily causing hurt), 504 (intentional insult), and 506 (criminal intimidation).
The withdrawal request was moved on October 15 by Bhag Singh, assistant district government counsel, Gautam Buddha Nagar, following the state government’s directions conveyed through a letter dated August 26.
This story was originally published in thewire.in. Read the full story here.
