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Rakhbar Khan case: District court refuses to transfer mob lynching trial

The victim’s mother has said that she has no trust in the current trial as the accused openly told her that case will be decided in their favour

Sabrangindia 11 Feb 2021

Rakhbar Khan case

The district court in Alwar, Rajasthan has rejected the plea filed by Rakbar Khan’s mother for transferring the cow-vigilante mob lynching trial to another court. Khan was brutally beaten up by a mob in July 2018 as he, along with his friend Aslam, was walking with two cows towards his home. Khan’s mother, Habiban and his friend, Aslam filed the application for transfer citing lack of trust in the ADJ court which is hearing the case

Habiban argued before the District court that she has no hope from the ADJ court hearing the case and even claimed that the case has been ‘managed’ by the accused, who have openly told them that “faisla hum humare favour mein kara ke chhorenge (We will ensure the judgment is in our favour).”

District sessions judge Sangeeta Sharma rejected the plea stating that she cannot interfere in the working of additional district Judge Sarita Swami due to lack of jurisdiction and also since ADJ Sarita Swami’s court is a designated court for hearing mob lynching matters.

As per Indian Express, in the transfer plea, it is stated, “Since the beginning, the ‘rukh’ (attitude) of the presiding officer has been in favour of the accused, and she favours them during the writing down of evidence.”

Further, it has also been claimed, “Evidence based prosecution is still going on yet they have come to know that the judgment is already being written,” reported IE.

Background

Rakbar Khan was brutally attacked by a cow vigilante mob in July 2018, when he and his friend Aslam Khan were transporting milch cows on foot to their home in Haryana’s Kolgaon from a village in Alwar. Aslam managed an escape but Rakbar was lynched and succumbed to his injuries. An FIR was registered under Sections 143 (unlawful assembly), 341 (wrongful restraint), 323 (voluntarily causing hurt), 302 (murder) and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code and four men have been chargesheeted in the case.

A Vishwa Hindu Parishad (VHP) leader in the district and then local BJP MLA Gyan Dev Ahuja, who has now been promoted to the rank of BJP’s vice-president in Rajasthan, are said to be involved in the case, reported The Wire.

As per the chargesheet, the accused had planned Rakbar’s lynching and they were secretly waiting in the field that day. One more thing revealed in the chargesheet was that the police first dropped the cows ‘saved’ by the mob to a cow shelter, and only then took severely injured Rakbar to the hospital.

Related:

Two Dalit labourers in Uttar Pradesh survive brutal assault by upper-caste mob

SC/ST Act: Merely because crime is reported, immediate arrest need not be made

Latehar lynching case: Jharkhand HC dismissed plea for convict’s suspension of sentence

Rakhbar Khan case: District court refuses to transfer mob lynching trial

The victim’s mother has said that she has no trust in the current trial as the accused openly told her that case will be decided in their favour

Rakhbar Khan case

The district court in Alwar, Rajasthan has rejected the plea filed by Rakbar Khan’s mother for transferring the cow-vigilante mob lynching trial to another court. Khan was brutally beaten up by a mob in July 2018 as he, along with his friend Aslam, was walking with two cows towards his home. Khan’s mother, Habiban and his friend, Aslam filed the application for transfer citing lack of trust in the ADJ court which is hearing the case

Habiban argued before the District court that she has no hope from the ADJ court hearing the case and even claimed that the case has been ‘managed’ by the accused, who have openly told them that “faisla hum humare favour mein kara ke chhorenge (We will ensure the judgment is in our favour).”

District sessions judge Sangeeta Sharma rejected the plea stating that she cannot interfere in the working of additional district Judge Sarita Swami due to lack of jurisdiction and also since ADJ Sarita Swami’s court is a designated court for hearing mob lynching matters.

As per Indian Express, in the transfer plea, it is stated, “Since the beginning, the ‘rukh’ (attitude) of the presiding officer has been in favour of the accused, and she favours them during the writing down of evidence.”

Further, it has also been claimed, “Evidence based prosecution is still going on yet they have come to know that the judgment is already being written,” reported IE.

Background

Rakbar Khan was brutally attacked by a cow vigilante mob in July 2018, when he and his friend Aslam Khan were transporting milch cows on foot to their home in Haryana’s Kolgaon from a village in Alwar. Aslam managed an escape but Rakbar was lynched and succumbed to his injuries. An FIR was registered under Sections 143 (unlawful assembly), 341 (wrongful restraint), 323 (voluntarily causing hurt), 302 (murder) and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code and four men have been chargesheeted in the case.

A Vishwa Hindu Parishad (VHP) leader in the district and then local BJP MLA Gyan Dev Ahuja, who has now been promoted to the rank of BJP’s vice-president in Rajasthan, are said to be involved in the case, reported The Wire.

As per the chargesheet, the accused had planned Rakbar’s lynching and they were secretly waiting in the field that day. One more thing revealed in the chargesheet was that the police first dropped the cows ‘saved’ by the mob to a cow shelter, and only then took severely injured Rakbar to the hospital.

Related:

Two Dalit labourers in Uttar Pradesh survive brutal assault by upper-caste mob

SC/ST Act: Merely because crime is reported, immediate arrest need not be made

Latehar lynching case: Jharkhand HC dismissed plea for convict’s suspension of sentence

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03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

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Campaigns

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

IN FACT

Analysis

Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
Delhi HC

Hate Speech and Delhi Pogrom 2020

A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020

Archives