Court Acquits All In Case For Murder Of Mohsin Shaikh, Who Was 'Lynched For Having Beard, Skull Cap'

Nine years after Mohsin Shaikh, a 28-year-old Muslim techie was lynched while he was returning from his evening prayers, a Sessions court in Pune has acquitted all accused of his murder including Dhananjay Jayram Desai, head of the radical outfit Hindu Rashtra Sena (HRS). Sessions Judge SB Salunkhe acquitted 21 accused of all charges. They were booked by the Hadapsar police under sections 302 (murder), 307 (attempt to murder), 143 (unlawful assembly), 147/148 (rioting, armed with a weapon), 120B (conspiracy), 153A of the IPC. Shaikh hailed from Solapur and was working as a techie in Pune. Several clashes had broken out in various parts of the State after allegedly objectionable pictures of Shivaji Maharaj and Shiv Sena Chief Bal Thackeray were circulated on social media. Desai, was accused of making several inflammatory speeches during this time. On June 2, 2014, Mohsin was returning from his evening prayers with his friend Riyaz Ahmed when he was surrounded by alleged members of the Hindu Rashtra Sena. He was taken to the hospital but died the same night. “As Mohsin had a beard, a skull cap and was wearing a light green Pathani shirt, they attacked him with hockey sticks and banged a cement block on his head,” the FIR read. While granting bail to a couple of accused in the case Justice Mridula Bhatkar of Bombay High Court said they were provoked in the name of religion. “The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the applicants/accused.” Justice Bhatkar, however, had rapped the police for being mere bystanders at the scene of the crime. Subsequently Desai was also granted bail by the HC. One of his bail conditions included not making inflammatory speeches.Public Prosecutor Quit Initially Advocate Ujjwal Nikam was representing the prosecution in the case based on a request made by the family to. Later, activist Anjum Inamdar of the Rashtrapremi Kruti Samiti, also based out of Pune, wrote to then Chief Minister and the law and judiciary department opposing the appointment, claiming that the lawyer was close to Right-wing extremist groups. Hussain Dalwai, then Congress MP in the Rajya Sabha had also opposed Nikam’s appointment. Subsequently Nikam himself allegedly quit from the case. Mohsin’s father had written to Nikam asking him to reconsider his decision but in vain. Subsequently on June 16, Mohsin’s father Moahmmed Sadiq also approached the then Chief Minister Devendra Fadnavis seeking the appointment of Advocate Salian. However, the state appointed Advocate Ujjwala Pawar as SPP. Mohsin Sheikh’s father passed way due to a heart failure in December 2018.

Court Acquits All In Case For Murder Of Mohsin Shaikh, Who Was 'Lynched For Having Beard, Skull Cap'

Sharmeen Hakim

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