In a significant development, a fast-track court in Noida has firmly rejected the Uttar Pradesh government's application seeking withdrawal of criminal charges against ten individuals accused in the 2015 mob lynching case of Mohammad Akhlaq. The court, emphasizing the gravity of the crime, has instead ordered daily hearings to expedite the long-pending trial.
Court's Stern Rejection and Order for Expedited Trial
Additional District Judge Saurabh Dwivedi dismissed the prosecution's plea on Tuesday, calling it "without any basis." The judge categorically stated that murder is a serious offence against society, prosecuted by the state to maintain the fear of law and order. Declaring the case as "highly important," Judge Dwivedi directed that hearings be conducted on a daily basis to ensure a swift disposal.
The court has scheduled the next hearing for January 6, when the statements of the remaining key witnesses, including Akhlaq's son Danish and wife Ikraman, are set to be recorded. To safeguard the judicial process, the judge has also instructed the Noida Police Commissioner and the Greater Noida Deputy Commissioner of Police to ensure the protection of all evidence related to the case.
Legal Arguments and Family's Opposition
The prosecution, represented by Additional District Government Counsel Bhag Singh Bhati, had argued for the withdrawal of the case to restore communal harmony in Bisada village. The state's application pointed to alleged contradictions in the statements of Akhlaq's family regarding the number of accused and cited a forensic report that claimed the meat sample from Akhlaq's house was from a cow or its progeny. It also highlighted the absence of firearms and personal enmity as grounds.
However, these arguments were strongly countered by the victim's wife, Ikraman. In her application, she labelled the government's withdrawal plea as "misleading" and "politically motivated." She argued that no valid grounds were presented to justify withdrawing such a serious offence, which would not serve the interest of justice. Ikraman's submission referenced several Supreme Court judgments, including the Sheo Nandan Paswan and Tehseen S Poonawalla cases, which deal with politically motivated withdrawals and cow vigilantism, respectively.
Background of the 2015 Lynching
The horrific crime traces back to September 28, 2015, in Bisada village of Dadri. A violent mob had attacked Akhlaq's home following rumours, allegedly spread via a temple announcement, that the family had slaughtered a cow and stored beef. Akhlaq was dragged out and brutally beaten to death, while his son Danish suffered critical head injuries after being attacked by the same mob. Danish survived after undergoing two major surgeries.
Initially, the police filed an FIR against 10 accused and several unidentified persons under IPC sections for murder, attempt to murder, and house trespass. Over time, the number of accused rose to 18. Among them, three were declared juveniles, two have since died, and the remaining are currently out on bail. The court framed charges against the accused on February 25, 2021.
In his order, Judge Dwivedi cited legal provisions, including Section 321 of the CrPC and Section 360 of the BNSS, underscoring the court's role in granting consent for withdrawal and the importance of hearing the victim. To underscore the case's priority, the judge ordered the case file to be properly indexed as "very important" with a distinctive sticker affixed to it.
