Mumbai : Bombay HC in a note mentioned that the accused do not have any criminal record and it appears that they were provoked in the name of the religion to committed murder.
Ohh wait, Bombay HC grants bail to three murder accused, says they were “provoked in the name of religion”?. Okay, we are not allowed to speak against Court orders. As it will become contempt of court.
So the Court has granted bail to three Hindu Nationalist men, who were arrested for allegedly attacking a Muslim man after attending a Hindu Rashtra Sena (HRS) meeting in Hadapsar, Pune, who were provoked by Hindu Sena leaders in the name of the religion and seem to have committed the murder,” said the court.
Social Media has started reacting to this Bombay HC order.
What did Bombay HC try to imply? That it is okay for Hindu Rashtra Sena men to kill anyone “if provoked in name of religion”?
— NoToSilence (@akdwaaz) January 15, 2017
To paraphrase the Bombay HC, Mohsin Sheikh “provoked” the Hindu Rashtra Sena goons by being Muslim & was therefore, killed. Hence, bail
— Yeh Log ! (@yehlog) January 15, 2017
“The Hindu Sena meeting in Pune was held prior to the murder. The accused, otherwise, had no other motive, court said. Also accused has no personal enmity, against the innocent deceased. The only fault of the deceased was that he belonged to another religion. I consider this factor in favour of the accused. Moreover, the accused do not have any criminal record and it appears that they were provoked in the name of the religion and have committed murder,” said Justice Mridula Bhatkar.
Back in 2014, month of June 21st a meeting of the right wing outfit Hindu Rashtra Sena (HRS) was conducted, it was for alleged defiling of a statue of King Shivaji Maharaj. According to the complaint, one of the co-accused, Dhananjay Desai, had allegedly given instigating speeches at the meet which was held by Hindu Right wings . After leaving from meeting, the three accused, along with Desai, started roaming around in the area on two wheelers, armed with weapons. As they were in anger against Muslim community. The meeting has provoke them against the opposite religion so much that they were ready to kill.
Meanwhile, the deceased, Shaikh Mohsin, along with his elder brother Riyaz, was out for dinner. The accused noticed that they are Muslim, who was wearing a pastel green colour shirt and had sported a beard. They allegedly targeted him and his friend Wasim and assaulted them with hockey sticks, bats and stones, said a police report.
When accused started beating both the deceased, Riyaz escaped, Mohsin, who was riding the bike, was badly injured. Later, Riyaz rushed back to the spot and found his brother lying on the road, severely injured.
He sought help from passersby who informed the police. Mohsin was shifted to the hospital, where he succumbed to his injuries.
Later, Riyaz filed a complaint against the accused , following which the three were arrested on charges of murder and causing riot. Now Bombay HC has given them bail by saying they were provoked by Hindu Sena leader speech at the meet they attended in Pune.
The prosecution, argued that the accused were indeed involved in the murder of Mohsin and that they should not to be given bail as they have taken the life of an innocent man.
“From the record and the statements of the witnesses, it is apparent that the accused were present at the meeting. The court, while earlier rejecting Desai’s bail, have referred to his speech and stated that it was sufficient to incite the feelings of religious discrimination in the crowd,” held the court.
Read copy of full judgement :
Source : HT