[Mohsin Sheikh Lynching] Eye-Witnesses Failed To Identify Accused, “Hate Speech" By Hindu Rashtra Sena President Not Exhibited: Pune Court On Acquitting 21

“It is clear that the accused no.19 (Desai) who is President of Hindu Rashtra Sena has not given provoking speech within one month up to the alleged incident. He was in custody when alleged incident took place. The details about the speech which [were] given by the accused [has] not come on record. I come to conclusion that, the prosecution has failed to bring cogent and reliable evidence on record,” Sessions Judge SB Salunkhe observed.

On June 2, 2014 Sheikh was killed while returning from evening prayers because of his beard and attire, and several others were beaten during the communal clashes that erupted in Pune. Clashes had erupted after allegedly morphed pictures of Chhatrapati Shivaji Maharaj and Shiv Sena founder Bal Thackeray were shared on the social media.

A couple of days after the incident, the police arrested Desai, who had over 23 cases against him and alleged that the Hindu mob was also provoked by his speech and distribution of pamphlets by him in March that year, urging individuals to take revenge against Muslims. Twenty other accused were also arrested.

Acquitting all accused on January 27, 2023, Sessions Judge SB Salunkhe noted that Desai’s provocative speech against Muslims was delivered in January 2014, over five months prior to Sheikh’s murder. Moreover, he was in prison for those speeches and distribution of pamphlets against Muslims on the day Sheikh was killed.

During the trial about six witnesses were declared hostile including panch witnesses, Desai’s lawyer Milind Pawar said. Pawar also argued before the court that the police didn’t investigate persons who had allegedly morphed Chhatrapati Shivaji Maharaj and Shiv Sena founder Bal Thackeray’s pictures.

Pawar added that transcripts of the alleged hateful speech, despite being filed in the chargesheet, weren’t brought on the record as exhibits and proved before the court, neither were the controversial pamphlets.

None of the 3-4 eye witnesses or injured witnesses identified the accused. While the injured witnesses narrated being beaten up into unconsciousness by the mob, they said it was too dark to identify anyone. Riyaz Ahmed, the man who was with Sheikh when the latter was attacked did not depose in court, however it is unclear if he was cited as a witness and summoned to court.

Another eye-witness claimed some accused had covered their faces. Mobin, the deceased’s brother and the complainant in the case deposed in court. “He saw some persons assaulting to other person having beard but has not given details about those persons nor identified the accused before the court… which creates doubt whether really he has saw the accused while assaulting to the deceased and other person,” the court observed on Mobin’s deposition.

Most eye-witnesses admitted the police had asked citizens to stay indoors. Some further admitted that Hindu mobs believed the insult to Shivaji was done by a Muslim. “Lande ko khatam karo, Dhananjay Desai Zindabad,” was the sloganeering at the time.

The public prosecutor ND Patil submitted that one of the injured witnesses hasn’t identified the men for ulterior motives. However, the judge pointed out the lack of evidence to buttress this claim.

In the 32-page judgement, the court finally observed, “From the evidence on record and above discussions, I come to the conclusion that the prosecution has failed to prove the guilt of accused beyond reasonable doubt. The accused are entitled for benefit of doubt and they must be acquitted.”

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