New Delhi: The Supreme Court on Monday issued notice to Mohammed Javed, one of the accused in the sensational case of the beheading of a tailor Kanhaiya Lal in Udaipur in June 2022, and the NIA. The petition was filed by Yash Teli, the son of Kanhaiya Lal, against an order passed by the Rajasthan High Court, in September this year, granting bail to the accused.
The matter came up before a bench comprising justices MM Sundresh and Aravind Kumar. Advocate Namit Saxena represented Yash Teli before the bench. Saxena argued that the role of this particular accused Javed is very serious as he gave information about the whereabouts and presence of the deceased Kanhaiyalal to the assailants. Saxena stressed that the High Court was not correct in granting bail to him without delving deep into the gravity of the offence he committed. After hearing submissions, the apex court issued notice on the plea.
The plea said the murder was committed in a communally surcharged atmosphere across the country. “The accused gathered themselves, prepared to commit the murder, collected weapons, did recce, planted the respondent No 2 (Javed) to inform about whereabouts of the deceased, entered into the tailor shop of the deceased disguising as customers, mid-way while the deceased was taking their size planted camera, shouted communal slogans, attacked and murdered him," said the plea.
The plea said: “They used sharp weapons to commit the murder through repeated wounds and later shared a video of the act on social media, further issuing threats to behead others. That their objective was to fuel hatred, division and animosity among communities”.
In June 2022, two main accused Riyaz Attari and Ghous Mohammed had allegedly entered the shop of Kanhaiyalal tailor in Udaipur, Rajasthan. The accused had disguised themselves as customers and attacked Lal with sharp knives on the neck and hands, killing him and injuring two others. Later, the accused made their video raising communal slogans and justifying the murder.
The matter was investigated by the NIA and the accused, including Javed, were chargesheeted. It has been alleged that Javed worked in a shop nearby to Kanhaiya Lal’s shop and gave the whereabouts at the time of the crime to the assailants and also informed them about the location of the deceased.
The High Court granted bail to Javed because prima facie there was not enough evidence to suggest that the appellant conspired with the two prime accused. “The High Court failed to acknowledge that the special provisions regarding bail under Section 43-D(5) of the UAPA Act apply to offences punishable under Chapter IV, including Sections 18 and 20 of the UAPA Act. That the special judge (NIA Cases) Jaipur, rightly determined that there are reasonable grounds to believe that the accusation is prima facie true," said Teli’s plea.
Namit Saxena argued that the High Court had erroneously conducted a mini-trial and questioned the authenticity of the documents relied on by the special judge, Jaipur.
“Upon the bare perusal of the chargesheet filed by the NIA, it can be proven that respondent No. 2 was a key member of the gang, playing a significant role in executing the crime. That he was in contact with the main accused prior to the incident and provided information about the deceased's whereabouts to aid in carrying out the act," said the plea.
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