AAP MLA Naresh Yadav convicted in Quran case despite prosecutor dropping appeal against earlier acquittal

A local resident, Mohammed Ashraf, appealed after a Malerkotla court acquitted Yadav in the case owing to insufficient evidence in 2021. However, on November 13 this year, he filed an application in the court to withdraw his appeal. Deputy Commissioner Palavi wrote to the district attorney in this regard on November 18.

“First complainant Mohammad Ashraf requested withdrawal of the appeal. On the basis of his application, the Malerkotla deputy commissioner directed us to withdraw the appeal,” Public Prosecutor Ravinder Pal Kaur told The Indian Express.

The court judgment convicting Naresh Yadav mentions the withdrawal request.

“Public prosecutor argued that so far as the appeal titled as State Vs. Nand Kishore & Others qua ‘the respondent/accused Naresh Yadav’ is concerned, she has filed an application for withdrawal of the aforesaid appeal, whereby it has been averred that she has received letter from the learned District Attorney, Sangrur to withdraw the present appeal qua ‘the respondent/accused Naresh Yadav’ as per the directions given by the worthy District Magistrate/Deputy Commissioner, Malerkotla vide letter no.1351 dated 18.11.2024,” reads the judgment. “She has, thus, prayed that the aforesaid appeal may be permitted to be withdrawn qua ‘the respondent/accused Naresh Yadav’ and therefore, the same may be dismissed as withdrawn.”

“Learned counsel for the complainant has submitted that the complainant has made a statement in writing before this court on dated 13.11.2024, whereby he seeks to withdraw the aforesaid appeal Mohd. Ashraf Vs. Nand Kishore & Others” qua ‘the respondent/accused Naresh Yadav’ and this court has kept pending the aforesaid request of the complainant for consideration. He has, thus, prayed that the aforesaid appeal may be permitted to be withdrawn qua ‘the respondent/accused Naresh Yadav’ and therefore, the same may be dismissed as withdrawn qua ‘the respondent/accused Naresh Yadav’,” the judgment further reads.

The case dates back to June 24, 2016, when torn pages of the Quran were found on Jarg Road in Malerkotla, triggering unrest and violence in the town, during the Shiromani Akali Dal (SAD)-BJP government’s tenure. Police initially arrested two brothers, Vijay Kumar and Nand Kishore, along with one Gaurav Kumar. During the investigation, Naresh Yadav’s name emerged on the basis of a statement made by one of the arrested accused.

Yadav was arrested by the Punjab police on July 24, 2016, from his Delhi home on charges of conspiring to incite communal unrest.

However, talking to The Indian Express, Ashraf said he had filed the withdrawal application only because the state had also appealed against Yadav’s acquittal. “I had filed a private appeal in 2021 when Naresh Yadav was acquitted. I had an apprehension that the Government may not appeal against his acquittal. So I filed a private appeal. Later the state also appealed against the acquittal. All the evidence and witnesses were recorded as part of the state’s appeal. So for the sake of technical reasons, I gave a statement to withdraw my private appeal so that accused may never use it to misguide the court in future. I had no intention to provide any benefit to Yadav,” he explained.

“It seems the state has misused my statement to withdraw its appeal against Naresh Yadav. I am surprised about it. It may be because Naresh Yadav belongs to the state’s ruling party,” he added.