After Supreme Court's Criticism, UP Police Agree To Add Hate Crime Offences In Case Of Attack On Muslim Cleric

After Supreme Court's critical observations in the case, the Uttar Pradesh Police has agreed to investigate hate crime offenses in the matter of Kazeem Ahmad Sherwani, a Noida-based Muslim cleric, stated to have been attacked in 2021 by a group over his religious identity.A bench of Justices Vikram Nath and Sandeep Mehta was recently informed of the development by Additional Solicitor General KM Nataraj.Pursuant to the last hearing, the ASG conceded before the Court that on a perusal of the allegations in the complaint, necessary ingredients of Sections 153B and 295A of IPC were made out and the FIR in 2023 ought to have invoked the same. However, he added, as the chargesheet has already been filed, the Investigating Officer would be better advised to move the trial court for return of the original file so that further investigation can be made invoking the Sections 153B and 295A.In this backdrop, the bench recorded in its order that the IO made a "grave error", but gave time to the authorities to take remedial steps. "Manifestly, the Investigating Officer committed grave error in not applying the appropriate offences which were made out on a bare perusal of the FIR lodged by the petitioner. However, now under proper legal advice, the investigation agency proposes to rectify the error by moving an appropriate application to the trial Court for return of the original record so that further investigation can be conducted with addition of the applicable offences and sanction mandatorily required under Section 196 CrPC (corresponding Section 217 of the BNSS) can be sought."It may be recalled that the petitioner approached the Court seeking a fair investigation and action against police officials who refused to pursue his complaint. On the last date, the Court questioned the State as to why provisions such as Section 153B and Section 295A of the IPC were not invoked.Recently, the Court had also reserved orders in a batch of petitions assailing hate speeches/hate crimes across the country, but kept this case pending.Case Title: KAZEEM AHMAD SHERWANI Versus THE STATE OF UTTAR PRADESH AND ORS., W.P.(Crl.) No. 391/2021Click here to read the order

After Supreme Court's Criticism, UP Police Agree To Add Hate Crime Offences In Case Of Attack On Muslim Cleric

Debby Jain

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