In a significant legal move, Ikraman, the widow of Mohammad Akhlaq who was brutally lynched by a mob in Dadri in 2015, has approached the Allahabad High Court. She has challenged the Uttar Pradesh government's recent order seeking to withdraw the criminal case against the accused in the high-profile murder.
Legal Battle Against Case Withdrawal
Ikraman filed a writ petition in the Allahabad High Court, directly contesting the state government's directive issued on August 26. This order aimed to withdraw the ongoing criminal prosecution against those allegedly responsible for her husband's killing. The petition also challenges the withdrawal application filed by the public prosecutor in a Noida district court.
The High Court will take up this crucial writ petition once it reopens in January after a two-week winter vacation. In her plea, Ikraman has urged the court to issue a directive ensuring that the UP government exercises its executive power strictly within the constitutional mandate. She has argued against the misuse of such power for promoting any political agenda.
Recap of the 2015 Dadri Lynching
The case dates back to September 2015, when Mohammad Akhlaq was attacked and killed by a mob in the Dadri area of Gautam Budh Nagar district. The violence erupted over rumours that he had consumed and stored beef during Eid. Following the incident, the police registered a First Information Report (FIR) under various sections of the Indian Penal Code, including murder.
Subsequently, a total of 18 individuals were arrested in connection with the lynching, which included three minors. One of the accused died in 2016. The remaining 14 accused, who are adults, are currently out on bail, awaiting trial.
Government's Move and Legal Provisions
The recent controversy stems from the UP government's application to the Noida district court, seeking permission to withdraw the case against the accused. The Assistant District Government Counsel (Crime) filed this application under Section 321 of the Code of Criminal Procedure (CrPC).
This legal provision allows a public prosecutor to seek withdrawal from prosecution, but only with the explicit consent of the court. The court holds the critical power to assess whether such a withdrawal is appropriate or if it would lead to a miscarriage of justice. The trial court's decision on the government's application is still pending.
Ikraman's petition now brings this executive action under judicial scrutiny, setting the stage for a pivotal hearing that will test the boundaries of prosecutorial discretion and the rights of victims' families in India's justice system.
