FIR Against Akhlaq’s Family Travesty of Justice, UP Govt Must Intervene

UPDATE: The Uttar Pradesh(UP) police was quick to file an FIR against the family of Mohammed Akhlaq following the order by the Noida Court, by the evening of July 15, even as advocate Yusuf Saifi, representing the family told Sabrangindia that this was a clearly diversionary tactic from those very persons accused of lynching to death Akhlaq last September. Finally, a charge sheet against them was recently filed by the same Gautam Budha Nagar police. Furthermore he was clear that the Akhlaq family would be completely exonerated in the probe since the alleged incident of September 25 2015 was not agitated for days after. 

The CPI(M) has expressed strong reservations about a local Uttar Pradesh (UP) court’s order to file an FIR against the members of the Akhlaq family on charges of cow slaughter is a gross travesty of justice.  Ironically, the order of the Magistrate, Vijay Kumar came on a petition filed by those accused and involved in the brutal murder and lynching of Akhlaq and who have been pressurizing the family to withdraw the case.  Shockingly, the court gave the order without even hearing the lawyer of the family members.

The statement of the Communist Party of India (Marxist) also states that it is essential that the Uttar Pradesh government immediately intervene and take the necessary legal steps against this court order.

On July 14, the district court of Gautam Budh Nagar Thursday asked the police to file an FIR for alleged cow slaughter against Mohammad Akhlaq’ family, murdered over allegation of cow slaughter in Dadri.

In media reports, DSR Tripathi is quoted on the issue. “Judicial magistrate Vijay Kumar, acting on an application moved under 156(3) CrPC for registration of a case, has ordered investigation and lodging of an FIR on cow slaughter against Akhlaq’s family,” D.S.R. Tripathi, senior prosecution officer, said. The court ordered filing of the FIR under the UP Prevention of Cow Slaughter Act, 1955. The FIR is against the slain Akhlaq and six of his family members.

Akhlaq was lynched by a mob in September 2015 for allegedly consuming and storing beef. In the incident at Bisada village in Dadri, Akhlaq was killed on the spot while his son Danish was seriously injured. In June, a forensic report from a laboratory in Mathura declared that the meat found in the victim’s house was of a cow or a calf. A group of Bisada residents, led by Surajpal Singh, had then moved an application in court under Section 156(3) of CrPC with a request to direct the police to lodge an FIR.

Rajeev Tyagi, the lawyer of Surajpal Singh, said that he had named seven persons — Mohd Akhlaq, his wife Ikraman, mother Asghari, brother Jaan Mohammad, daughter Shaishta and son Danish in the complaint. Sona, wife of Akhlaq’s brother Jafaruddin, was also named in the complaint.

Yusuf Saifi, lawyer of Mohd Akhlaq’s family said that he would challenge the order in a higher court. “All the accused persons have admitted to their roles in Akhlaq’s murder. We will challenge the order in a higher court,” he told reporters.

Jaan Mohammad, Akhlaq’s brother, said the registration of the FIR was a setback. He said that the family was ready for a fair probe. He denied the allegation that the family had slaughtered a cow and questioned how the meat sample, which was earlier tested as goat meat, turned into cow meat after nine months.

“The accused have been mounting pressure on us to withdraw the case. We have faith in the judiciary and government. We hope justice will be delivered,” he said.

Sanjay Rana, the father of one of the accused, said, “The court has rightly ordered lodging of the FIR. The UP government was taking one-sided action. Now the court order has provided justice to the other side too.”

“If found guilty, the accused can get a maximum punishment of seven years imprisonment and be fined up to Rs 10,000,” said Thakur Shishpal Sisodiya, the counsel of another petitioner.



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