A fast-track court in Gautam Buddh Nagar on Tuesday delivered a significant ruling, rejecting the Uttar Pradesh government's application seeking the withdrawal of criminal charges against ten villagers from Bisada. These individuals are facing trial for the brutal mob lynching of Mohammad Akhlaq back in September 2015.
Court Orders Expedited Daily Trial Proceedings
Additional District Judge Saurabh Dwivedi, presiding over the case, dismissed the state's plea and took a firm stance to accelerate the long-pending trial. He ordered that hearings be conducted on a daily basis to ensure a swift conclusion. The judge underscored the gravity of the offence, stating that murder is a serious crime against society itself, and the state prosecutes such cases to maintain the fear of law and order.
In his order, Judge Dwivedi categorised the case files as 'highly important' and directed officials to affix a 'very important' sticker on them. He instructed the Noida Police Commissioner and the Greater Noida Deputy Commissioner of Police to ensure all evidence is meticulously safeguarded. The next hearing is scheduled for January 6, when the court will record the statements of the remaining key witnesses, including Akhlaq's son Danish and his wife Ikraman.
Legal Arguments and Judicial Reasoning
The prosecution, represented by Additional District Government Counsel Bhag Singh Bhati, had argued for the withdrawal of the case to restore communal harmony in the area. The application pointed to alleged contradictions in the statements of Akhlaq's family regarding the number of assailants and referenced a forensic report that claimed the meat sample from Akhlaq's house was from a cow or its progeny. It also cited a lack of evidence regarding firearms and personal enmity.
However, the court found the application 'without any basis' and liable for rejection. Judge Dwivedi invoked legal principles, noting that Section 321 of the CrPC (under which the plea was filed) requires court consent. He also referenced the new Bharatiya Nagarik Suraksha Sanhita (BNSS), which mandates giving the victim a hearing opportunity.
Ikraman, Akhlaq's wife, had filed a strong counter-application, labelling 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. Her application cited relevant Supreme Court judgments, including the Sheo Nandan Paswan case against politically motivated withdrawals and the Tehseen S. Poonawalla case addressing cow vigilantism.
Background of the 2015 Dadri Lynching
The horrific incident traces back to the night of September 28, 2015, in Bisada village, Dadri. A violent mob attacked Akhlaq's home after rumours spread via a temple announcement that the family had slaughtered a cow and stored beef. Akhlaq was dragged out and beaten to death, while his son Danish sustained critical head injuries from the assault. Danish survived after undergoing two major surgeries.
Police initially filed an FIR against ten named accused and several unidentified persons under IPC sections for murder, attempt to murder, and house trespass. The accused list later expanded to 18. Over time, three were declared juveniles, two have died, and the remaining are currently out on bail. The court's latest order marks a crucial step towards seeking justice in this nearly decade-old case that shocked the nation.
