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Faridabad lynching: Junaid Khan case judge says senior law officer helping accused, seeks action

As per court records, the judge said Kaushik was “suggesting questions to be put to the witnesses” at two hearings, on October 24 and 25.

Written by Sofi Ahsan | Chandigarh | Updated: October 30, 2017 7:31 am
junaid khan murder case, junaid khan murder, junaid khan lynching, faridabad train lynching, faridabad train lynching case, beef lynching, junaid khan murderer trial, india news Father Jalaluddin (right) has sought transfer of probe

The judge of the trial court hearing the Junaid Khan murder case has sought action against a senior government lawyer for allegedly helping persons charged with killing the 15-year-old. In an interim order on October 25, Additional District and Sessions Judge, Faridabad, Y S Rathore said that Additional Advocate General Naveen Kaushik was assisting the counsel of the main accused, Naresh Kumar, in cross-examination of prosecution witnesses. As per court records, the judge said Kaushik was “suggesting questions to be put to the witnesses” at two hearings, on October 24 and 25.

“This act of Mr Naveen Kaushik, Additional Advocate General Haryana amounts to professional misconduct and is against legal ethics and highly unbecoming of an Advocate, particularly because he is a Law Officer in the office of Advocate General, Haryana,” Judge Rathore said on October 25.

Stating that it is a sensitive case in which “according to prosecution case, one boy of minority community was killed during the quarrel in a train over sharing of seats with passengers of majority community after the deceased was allegedly abused on religious lines”, the judge said in case Kaushik appears along with the defence counsel, “it will send a wrong signal and will also create a feeling of insecurity amongst the victim party and will adversely effect the aim of the court to conduct free and fair trial”.

Judge Rathore added, “Accordingly, a letter be written to Hon’ble Punjab & Haryana High Court, Chandigarh for taking up matter with the State Government, Office of Advocate General, Haryana and Bar Council of Punjab & Haryana, Chandigarh for taking necessary action against him.”

Junaid, his brother and two cousins had been attacked on a Mathura-bound train in June by a mob, which also hurled communal slurs against them. The 15-year-old later died of stabbing injuries. The trial court recently framed charges against Naresh Kumar among others.

Kaushik told The Indian Express that “it is a wrong impression” that he was assisting the defence counsel. “I have not appeared in the case and have no connection with it. I was there only because I am the organising secretary of the Bharatiya Bhasha Abhiyan in the north region and the counsel appearing for one of the accused is known to me. He had requested the court that evidence be recorded in Hindi as is provided in the Criminal Procedure Code (CrPC). On October 25, he asked me if I could provide him the relevant provision of law and so I went there to give it to him.”

The Bhasha Abhiyan, according to Kaushik, works for the cause of getting courts to function in Indian languages. Asked about the judge specifically mentioning that he was suggesting questions to the defence counsel, Kaushik said, “It is a wrong impression. I was giving him the provisions of law regarding Hindi language. It was relevant to court proceedings since the evidence was being recorded and there is no provision for translation of evidence in English. It can only be translated when both the parties agree to it.”

According to the day’s order, an application was moved that day for recording evidence of witnesses in Hindi by advocate Vishal Jolly. The lawyer was informed that “evidence is being recorded in Hindi and separately being typed in English on the computer and same practice is adopted in all the Sessions trials”.

Advocate General, Haryana, Baldev Raj Mahajan told The Indian Express that he was not aware of Kaushik’s appearance in the case and would take appropriate action once it comes to his notice. “AAGs (additional advocate generals) are not debarred from private practice except in cases where the state government is a party,” he said.

The Junaid case is being tried as ‘State of Haryana Vs Naresh Kumar’.

According to Judge Rathore’s order, when the court told Kaushik that he could not appear along with the defence counsel in the case, being a law officer of the government, Kaushik said he had “come only to watch the court proceedings”, and that “on being confronted, Naveen Kaushik has left the court room”.

The Additional Advocate General incidentally was seen at the hearing on the same day that Junaid’s father Jalaluddin filed a petition in the Punjab & Haryana High Court seeking transfer of the probe from the Haryana Police to an independent agency such as the CBI, as well as security for his family and the prosecution witnesses.

“It is the grievance of the petitioner that the statement of all the witnesses has been deliberately distorted to introduce ambiguity, discrepancies and contradictions, with the calculated interest of benefiting the accused,” Jalaluddin’s counsel said in the plea. He also said a person who was among the attackers was made a witness to help the accused.

Earlier this month, rejecting the bail plea of one of the main accused, Rameshwar Dass, the high court had said “there is every likelihood of prosecution witnesses being put in jeopardy”.

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  1. V
    Vishal Jolly
    Nov 12, 2017 at 5:18 pm
    बड़े दुख की बात है कि बात को कहीं से कहीं पहुंचा दिया गया असल मुद्दा कहीं खो गया है लड़ाई कोर्ट की भाषा को लेकर थी संविधान और सीआरपीसी को लेकर थी लेकिन अपनी गलती को छुपाने के लिए न्यायालय ने इसे कोई और ही रूप दे दिया
    1. B
      Oct 30, 2017 at 12:53 pm
      The Junaid case is being tried as ‘State of Haryana Vs Naresh Kumar’. Naresh Kumar could be the future CM of haryana or the future PM of india
      1. R
        Rapist Catholic Pope
        Oct 30, 2017 at 1:44 pm
        Blackpower can be the future head of slaves invatican church mafia as he is the head brown rapist whose mafia boss white male pope trusts him
        1. B
          Oct 30, 2017 at 2:33 pm
          well - PM modi is the living example of how high a humble saffronite can rise. from modi's humble origins as a mischief maker - throwing beef into temples, throwing pork into mosques, then rumour mongering, rabble rousing, riot inciting, taking active part a a vigilante in lynches, rapes, arson looting mass murder - then becoming gujrat CM in 2002 - and lo and behold all those years of experience as a saffron vigilante and he seized the situation to become the architect of the gujrat genocide. what joy what fun running amok the saffron hordes - kill murder arson loot rape gangrape rip out foetuses and how he has become PM. by the same token naresh kumar has excellent potential to become PM. which is why the saffron addl advocate general is defending him personally and offically - so that means khattar is involved...which also means that modi must be involved so he must have passed on the orders to khattar
          1. B
            Oct 31, 2017 at 11:30 am
            nice name you have there - mo bhagwat gave you that name? you holy gaumatha gave birth to you and christend you as well. you are typical saffronite - fascist, racist, bigoted, hatefilled indulging in saffron propgan da - rumour mongering, rabble rousing, polarising, divisiveness, and inciting riots, rape, gangrape, genocide. you are a casteist saffronite - brahmnincal tryanny , apartheid, enslavement, dehumanisation on the shudras. as a saffronite you are cowdung smoker and cowp!ss drinker therefore an idi ot, imbecile, moron, cretin, nitwit, dimwit, twit, halfwit, wit, p!sswit - you are peddle pornography on christians and muslims. WHY DONT YOU PEDDLE PORNOGRAPHY ON THE SAFFRON SAGES ASSARAM AND GURMEET SINGH? AND HOW ABOUT THE SEKS LIFE OF MO BHAGWAT?
        2. B
          Oct 30, 2017 at 12:44 pm
          The prosecution is helping criminals who are involved in crimes. Court must punish govt prosecution for dirty work. In Gujrat Ehsan jaffri could not get justice because saffronization of prosecution. Even Criminals are getting govt jobs as appreciation.
          1. K
            Kamal Pasha
            Oct 30, 2017 at 1:10 pm
            Bharat. : Nothing happened to Modi when he ordered the killings of 3000 Indian Muslims when Chaiwalla was CM of Gujrat.
            1. J
              John Joseph
              Oct 30, 2017 at 1:52 pm
              The genocide of hindus by sunni muslims started for a long time and it contunued in Pakistan ans even in muslim majority areas of India after 1947. Riots aftre riots where muslim mullahs will kill thousands of hindus particularly after friday namaaz when the terrorist mullah feom a masjid (mosque) will call to kill the infidels khafirs over the loudspeakers. It was in 2002 that Hindus got burnt live by muslim mob led by local msajid mullah and local sunni MLA. Hindus backlashed. Once for all muzzies realized they cannot get away from being terrorists and still preach peace. Why no riots after 2002? If Modi really isthe culprit dus riots happen before he became CM? Didnt the riots started in 1947? Happened every year? And if Modi wants why dif he stop in 2002? He could have contunued. So mullah jihadi Pasha, in this DNAge we all know that sunni muslims are terrorists. Why is that not a single muslim country is secular democratic and peaceful. There you go. Got your answer?
              1. B
                Oct 30, 2017 at 2:57 pm
                john joseph - who killed junaid khan - it was your fellow saffron brother naresh kumar - like a typical hindutva coward he ran away from the scene just like your hindutva ancestors - millions of them along with your 33cr gods ran away when a few 1000s of muslim invaders attacked. HINDUTVA COWARDICE
            2. C
              Oct 30, 2017 at 12:43 pm
              India is not safe for Muslims. We Muslims brother should leave India and go to our home country Pakstn. Mr Jinnah created Pakstn for Muslims. So we must go there.
              1. B
                Bharat Maa
                Oct 30, 2017 at 12:50 pm
                Bhakt hidden behind WE. All citizens of India have right to kive in India, you dumbo bhakt.
                1. S
                  Succha Paki Sunni Muzzie
                  Oct 30, 2017 at 1:57 pm
                  Dear Bharat Maa ka muslim baccha, you dont have a rught to live in India after 1947. You wanted your own land. You said it will be safe to have your own pious pure islamic land. You divided India between Islamic Pakistan for muzzie and Hindu India for Hindus. Just like I cannot live in Pakistan you are illegal in India. You can huff you can puff but you cannot have cake and eat it too. You and all muslims are illegals in India.
                  1. B
                    Oct 30, 2017 at 2:37 pm
                    which article of the cons ution are you referring to? which applicable laws that protect the rights of the citizens of india are u referring to
                2. P
                  Proud Bhakt
                  Oct 30, 2017 at 12:13 pm
                  There is nothing wrong with helping the innocent . The accused are also human beings who deserve our help and humanity . The accused are being deliberately blamed for a crime they did not commit . Junaid Khan's death is a clear case of suicide. Multiple eye-witnesses have testified that Junaid Khan stabbed himself to death just to malign the innocent Hindu Mob .
                  1. B
                    Bharat Maa
                    Oct 30, 2017 at 12:52 pm
                    Dumbo bhakt! Criminals are not innocent. Law is equal for all.
                    1. D
                      Dawood Jihadi
                      Oct 30, 2017 at 2:00 pm
                      Jiahdi sunni muzzie, terrorists are not innocents and your religion of terrorism cannot be religion o peace. Thats contradiction. You son of a biietch go to your land.
                    2. S
                      Oct 30, 2017 at 11:30 pm
                      May be all RSS workers doing the same suicide to malign the name of communists in Kerala.
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