A district court of Gautam Budh Nagar rejected an application to transfer the 2015 Akhlaq lynching case, saying that proceedings cannot be shifted on mere assumptions or only because an adverse order was passed against the accused.
The court of District Judge Atul Shrivasatva said that the case cannot be transferred only because “sentiments of a particular community are hurt.”
The transfer plea filed by the six accused claimed there are “compelling circumstances” to contend that proceeding with the trial before the same judge would leave the accused with no realistic chance of receiving justice.
The plea was moved on January 8 by counsel for the accused, Dinesh Kumar. Following Akhlaq’s wife, Ikraman, appeared before the ADJ Dwivedi to record the statement. On December 23, the court termed lynching a “serious crime against society.”
“There is no ground which shows that the accused will not get justice under Section 360 BNNS. The victim has a right to be heard, but not the accused; therefore, no injustice has been caused to the accused, although they were heard through their counsel, Hariraj Singh, as evident in the December 23 order,” said Akhlaq’s counsel, Andleeb Naqvi, filing an objection to the transfer plea.
Naqvi further said that only 10 notices were sent to the victim’s updated address, and the rest of the notices were sent to the home where the lynching occurred; the home is vacated.
Mohammad Akhlaq was lynched on 28 September 2015 by a mob allegedly led by Vishal Rana and his cousin Shivam, who entered his home in Bisahda village allegedly because Akhlaq had slaughtered a cow and stored beef in his refrigerator.
The mob dragged the 52-year-old Akhlaq, along with his 22-year-old son, out of their house, assaulted them, and later Akhlaq succumbed to his injuries.
