New Delhi: After the Rajasthan Police gave clean chit to six men accused in the killing of Pehlu Khan, the Meo Muslim community has now decided to move the Rajasthan High Court against the decision.
Khan, a Meo Muslim, was beaten up by a group of men near Alwar while he was transporting cattle to Haryana. Khan had named six men in his statement to the police shortly before he succumbed to injuries. He had the required permit to carry the cattle.
The police investigation report said the charges were dropped based on statements of the staff of a cow shelter and mobile phone records. The staff of the cow shelter said the six accused — Om Yadav (45), Hukum Chand Yadav (44), Sudhir Yadav (45), Jagmal Yadav (73), Naveen Sharma (48) and Rahul Saini (24) — were present at the Rath Gaushala at the time of the incident.
Sher Mohammad, a leader for the Meo community, said they will file a writ mandamus to make sure the probe is not closed. “We are going against the state government so that the investigation officer is summoned and asked the basis for dropping the charges,” Mohammad told News18.
He claimed the investigation was "extremely shoddy" and that "no importance was given to dying declaration which is often the most crucial evidence in such cases."
"The inspector, who was initially probing the case, said there was evidence against them (the six men) and they were the accused. After 10 days, the Deputy Superintendent of Police started investigating the case. Under political pressure, he wanted to let the accused go scot free. Then, I pleaded for an additional expert," he added.
Mohammad claimed they were not kept in the loop during the investigation process. "An additional Superintendent of Police was appointed after our request. He had stated that he cannot give a clean chit to the accused because their names were mentioned in the dying declaration. The case was later transferred to state CID, we don’t even know who actually gave them the clean chit," he said.
Mohammad alleged that six accused were cleared of the charges under pressure from the RSS. “All the accused belong to Sangh parivar. One of them is a mukhiya of Bajrang Dal, one is mukhiya of the local RSS body, another one heads a Gau Raksha Sangathan Committee,” he said.
Azad Ahmed, an advocate at the Rajasthan HC who is filing the petition on behalf of Mohammad, said that disregarding dying declaration 'in toto' is not permissible.
"Several cases have proved that dying declaration is admissible and has to be taken on record. It is a settled law. There have been conviction based on this," Ahmed said.
The case will however continue against nine other people identified from the video of the attack that circulated on social media. Seven of them have been arrested and two are absconding.
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