Nuh violence: Six months on, police add UAPA charges in three cases

The deceased in the three cases were two homeguards Neeraj Khan and Gursev, and Bajrang Dal member Abhishek, who was a Panipat resident. The UAPA sections have been added against two accused, Osama and Murslim, according to police documents.

In response to the bail plea of accused Osama, police said that UAPA sections 10 and 11 have been added in the investigating officer’s report. “Osama could commit the same offence again, create pressure on witnesses, and violate conditions set by the honourable court. Therefore, it is requested that the accused, Osama, not be granted bail in the interest of justice,” read the reply to the bail plea.

The counsel, representing accused Tahir Hussain Rupariya, said that the Nuh Police had mentioned the charges in reply to the bail plea. “Two accused, who are already in custody, will now face UAPA sections 10 and 11. In these three cases, naming a total of 65 accused, bail has been granted to 33, so the Nuh Police will submit a supplementary chargesheet with the names of the accused against whom UAPA will be imposed. Police had filed the chargesheet against the accused and the case was committed to the sessions court, but these sections were not mentioned in the chargesheet earlier,” said the counsel.

In response to bail pleas by Murshid alias Murslim, police said, several witnesses were mentioned in the statement under Code of Criminal Procedure (CrPC) Section 161. “Based on the charges under sections 10 and 11 of the Unlawful Activities (Prevention) Act, 1967, or the final report of the case and CrPC Section 173(8), a challan was prepared and submitted on 06.02.2024,” it said.

The UAPA gives power to the government to investigate and prosecute people over terrorism, as well as to designate an organisation as an “unlawful association” or a “terrorist organisation”, or an individual as a “terrorist”.

In his disclosure statement, Osama cited that they attacked the rally members due to their “hatred” for Bajrang Dal after the Rajasthan Police disclosed their alleged connection with the murder of Junaid and Nasir; and that Osama had also posted an audio asking the members of a WhatsApp group to be “prepared” for the July 2023 yatra.

Junaid and Nasir, who were residents of Ghatmika in Rajasthan’s Bharatpur district, had gone missing on the morning of February 15 last year. When their bodies were found in Bhiwani the next morning, their families alleged that Bajrang Dal members had kidnapped, assaulted, and burnt the duo to death. According to the chargesheet, filed in May 2023, several cow vigilantes had attacked the duo on suspicion of smuggling cattle in Rajasthan’s Peeruka.

Meanwhile, questioning the delay in imposing charges, Osama’s brother Afjal said, “They (the accused) are trying to get bail, and even six months after the incident, police are coming up with a new course of action. We do not know on whose orders such sections are being added.”

Murslim’s brother Salman said, “He is just 20 years old and has no criminal antecedent. Hearing in these cases are underway, with one of them set for Tuesday…”