Court sets final deadline for arguments on transfer plea
Greater Noida, Jan. 15 -- Listing the Transfer Application (TA) hearing in the Mohammad Ikhlaq lynching case for next week, a district court in Noida on Wednesday gave the defence a last chance to argue the matter.
"TA will be rejected if the proceedings are delayed any further," said Gautam Budh Nagar district judge Atul Shrivastava.
During the proceedings, the accused's counsel Dinesh Kumar told the court that he was seeking time for arguments since some certified copies related to the transfer of the case that he wanted to submit were incomplete.
The defence moved the TA on January 8. The same day, it also filed a revision application before the Allahabad High Court against a fast-track court (FTC)'s December 23 order rejecting the Uttar Pradesh government's plea to withdraw the lynching case.
On Wednesday, Ikhlaq's counsel, Andleeb Naqvi informed the court that the recording of witness statements on January 8 had been delayed at the FTC after the defence moved the TA. "We informed the district judge that Ikhlaq's wife Ikraman had come to record her statement before the [additional district judge Saurabh Dwivedi's] FTC, but since they moved the TA, the judge did not proceed further and adjourned the court for a fortnight," Naqvi said.
Judge Shrivastava acknowledged that Ikraman's statement could have been recorded on that day since there was there was no stay on the trial.
Then, giving a final chance to the accused's counsel to argue the TA, he listed the matter for January 22. The hearing in the 2015 lynching case at the FTC is scheduled for the next day.
Ikhlaq, 55, was lynched by a mob in Bisada village on September 28, 2015, following rumours that his family had stored beef at home. His son, Danish, was injured while trying to save his father. The attack triggered nationwide outrage over rising intolerance, with writers, filmmakers, and scientists returning state awards in protest. The TA was filed on behalf of six accused, Vinay, Shivam, Saurabh, Sandeep, Gaurav and Hariom, claiming that all allegations against them filed by police were "false" and they were "falsely implicated."
"Considering the seriousness of the case, the UP government directed withdrawal of the case registered against the innocent people and following hearings, the court rejected the Section 321 CrPC application to withdraw the case," reads the transfer application, adding, "Without hearing the accused's counsel, the court rejected the application after hearing one side (victim) only."...
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