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On July 16, 2022, a special court in Mumbai extended the National Investigation Agency (NIA) custody of seven men until July 22 in connection with the murder of a chemist from Amravati, reported LiveLaw.
Readers would recall that 54-year-old Umesh Kolhe, a chemist, had been allegedly killed for Whatsapp posts supporting Nupur Sharma, the now suspended spokesperson of the Bharatiya Janata Party (BJP), who had made allegedly derogatory remarks about Prophet Mohammed on a television news debate. Two bike-borne assailants had slit Khole’s throat on June 21.
Though he was killed a week before Kanhaiya Lal, Khole’s murder received media attention only after the beheading of the Udaipur tailor. Khole’s son Sanket who was an eye-witness and riding with his wife Vaishnavi on a separate two-wheeler behind Khole, revealed that the assailants who had caused his father to fall off his vehicle and slit his throat, would have beheaded him, if Sanket hadn’t intervened. The investigation of the case was taken over by the NIA from the local police.
The seven accused are Muddasar Ahmad (22), Shahrukh Pathan (25), Abdul Taufiq (24) Shoaib Khan (22), Atib Rashid (22) and Yusuf Khan (32) and alleged mastermind Shaikh Irfan Shaikh Rahim who are book under sections 16,18 and 19 of the Unlawful Activities (Prevention) Act, and under sections 302, 120 B and 34 of the IPC.
It was the NIA’s case that the said issue would have “international ramifications” and that the act was done to “terrorise a section of society”. They reportedly further claimed that the victim had updated his Whatsapp status supporting Sharma who made derogatory remarks against the prophet, pursuant to which one of the accused, Dr. Yusuf Khan (member of the same Whatsapp group as the victim) allegedly asked him to remove his status. He then asked people to professionally ban Kolhe.
NIA sought the remand stating that they needed more time to investigate if the said incident had any connection to the brutal murder of a tailor in Udaipur. According to NIA, the perusal of case diary showed that this was a terrorist act.
Advocate Sharif Shaikh appearing for one of the accused, Muddasar Ahmed asked the NIA to establish how the public at large was affected and that this couldn’t be considered a terror act. He reportedly stated, “The sections have not been properly applied and they are giving a different colour to the incident.” He further submitted that there were not cogent grounds for further remand as the present incident was prior to the Udaipur incident.
Advocate Ali Kaashif Khan for most of the accused reportedly argued that this was merely a fight between friends and not a terror act. He claimed that at most it could be called a case of murder. He said the victim was also provoking the accused, reported LiveLaw. He further cited the Supreme Court observations about Nupur Sharma being responsible for communal violence that followed her remarks about the Prophet.
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