Court slams delays in 2015 Ikhlaq lynching case

Additional district judge Saurabh Dwivedi was hearing arguments on the Uttar Pradesh government’s request to withdraw the case

A fast-track court in Gautam Budh Nagar on Thursday expressed frustration over prolonged delays on Thursday during a contentious hearing on the Uttar Pradesh government’s application to withdraw the 2015 Mohammad Ikhlaq lynching case. The proceedings, now stretching over a decade, were marked by procedural objections and counter-objections from both sides.

The back and forth began when Ikhlaq’s lawyer, Yusuf Saifi, attempted to file an objection in the case. The defence lawyer Hariraj Singh also intervened to request time to review the victim’s side’s submission. (Representational image/HT Archive)

Additional district judge Saurabh Dwivedi was hearing arguments on the Uttar Pradesh government’s request to withdraw the case.

The objection filed by Ikhlaq’s family alleges that the state government’s application under Section 321 of the CrPC – which allows a prosecutor to withdraw a case before the judgment is announced with the court’s consent – lacks a “concrete base” and is “the outcome of political overtones”.

The back and forth began when Ikhlaq’s lawyer, Yusuf Saifi, attempted to file an objection in the case. The defence lawyer Hariraj Singh also intervened to request time to review the victim’s side’s submission.

But the judge commented that this was not a high court where such time could be given. “This case has been going on for 10 years. How much more time will I have to give you in one case?”

Andleeb Naqvi, a senior counsel of the Supreme Court, who has been assisting Saifi in the case so far, said that he was bringing to the court’s notice that a writ application challenging the UP government order had also been filed before a division bench at the Allahabad High Court on behalf of Ikhlaq’s wife, Ikraman.

After hearing both sides briefly for nearly 10 minutes, the judge said, “This is one of the old cases in my court. I cannot give much time… You may argue, I would like to listen to the arguments on this. It has been 10 years. It has to be decided as early as possible.”

The next hearing has been set for December 23.

Ikhlaq, 55, was lynched by a mob in Bisada village on September 28, 2015, after rumours that his family had stored beef at home. His son Danish was critically 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.

Initially, 10 suspects were named in the FIR – Rupendra, Vivek, Sachin, Hariom, Shriom, Vishal, Shivam, Sandeep, Saurabh and Gaurav. Eight more were added later. Three were minors; one accused, Robin, died in jail, and another, Rohit, was electrocuted after securing bail. Most of the accused were released on bail after spending about 18 months in Luksar jail.

The UP government’s withdrawal application, meanwhile, had argued that the case should be closed for “the restoration of social harmony,” noting that the incident was triggered by allegations of cow meat and that only sticks, rods, and bricks – not firearms or sharp weapons – were recovered. It also states there was no prior enmity between the parties.

“All citizens are entitled to equal rights under the Indian Constitution. For the restoration of social harmony, the case needs to be withdrawn,” the government said.