17 January 2017•Update: 17 January 2017
SRINAGAR, Jammu Kashmir
The release on bail of three men accused of the sectarian murder of a Muslim man in Mumbai has caused shock in India amid concerns the decision could fuel religious hate crimes.
Mohsin Shaikh was killed by an armed gang in Pune, in the western state of Maharashtra, in June 2014. The defendants are alleged to have targeted him after they attended a meeting of the right-wing Hindu Rashtra Sena group.
Last week, the High Court in Mumbai released Vijay Gambhire, Ranjeet Yadav and Ajay Lalge -- who are charged with murder and rioting -- on bail. Justice Mridula Bhatkar said it was clear they had been provoked by an incendiary speech given at the meeting.
“The accused had no other motives, such as any personal enmity, against the innocent victim,” she said. “The fact that the victim belonged to another religion is in favor of the accused, who were clearly provoked in the name of the religion and thus committed the murder.”
Shahid Nadim, a lawyer who previously represented the Shaikh family, criticized the phrasing of the bail order.
“It is not the granting of the bail which is so problematic but the terminology of the order,” he said Monday. “This order by the Bombay [Mumbai] High Court is going to be used as a precedent for obtaining bail in hundreds of other communal riot cases in the lower courts.”
Another lawyer, who asked to remain anonymous, said: “During riots everyone could be proved to have acted mindlessly… or under the influence of indoctrination and this kind of ruling and language is going to be a huge boost to anti-social elements and political elements… who make their fortunes on communal politics and riots.”
Manisha Sethi, a prominent human rights activist with the Jamia Teachers’ Solidarity Association, told Anadolu Agency: “What this order seems to say is that Muslim life is expendable. It will only serve to erode judicial legitimacy.”
In a statement, the Students’ Islamic Movement of India called the logic behind the granting of bail “perverse” and “akin to judicial seal on hate crimes”.
A total of 21 suspects, including Hindu Rashtra Sena leader Dhananjay Desai, have been reportedly arrested in the case.
Prosecutor Y.M. Nakhwa, who acted on behalf of Shaikh’s family, told Anadolu Agency that an appeal was planned.
“We are going to appeal against this order in the Supreme Court because the court has overlooked all the evidence and the eyewitness accounts and even the reports of the police while granting bail.
“I think there are some observations that are not required at all and that can open a can of worms but I cannot talk about that at this point in time.”
Reporting by Zahid Rafiq; Writing by Muhammad Arsalan Bakhtiar
