Alwar lynching: Pehlu named but later dropped from chargesheet, say police

The chargesheet was prepared days after the new Congress government came into power in Rajasthan, and was presented in the court of the Additional Chief Judicial Magistrate in Behror on May 29.

On Saturday, Inspector General of Police (Jaipur range) S Sengathir told The Indian Express that the cow smuggling chargesheet did name Khan, but given that “a dead man can’t be tried… therefore we haven’t chargesheeted Khan”.

Sengathir affirmed that Khan was indeed accused of offences under the Rajasthan Bovine Animal (Prohibition of slaughter and Regulation of Temporary Migration or Export) Act, 1995 in the nine-page chargesheet.

Offences found to be proven against Pehlu Khan, says chargesheet.

In a statement Saturday, Alwar SP Paris Deshmukh said Khan was named in an FIR for cow smuggling along with his sons and the owner of the pick-up truck that was used for transporting the cattle on April 1, 2017 — the day the lynching took place near Behror. “Pehlu Khan’s name has been exclusively dropped and chargesheet has been filed against Irshad and Arif (Khan’s sons)…and Khan Mohammad (truck owner).”

Meanwhile, Gehlot, stating that Congress is “ideologically committed against any kind of lynching”, said that the June 28 report in The Indian Express was “factually incorrect”.

“Name of Late Pehlu Khan is not there in the chargesheet submitted by Rajasthan Police in December 2018. This is a separate case which was registered and investigated under previous government in 2017-18 against Mr Arif, Mr Irshad and Mr Khan Mohd (Transporter), since accused name in the chargesheet were not present at the time of the submission in December 2018, the District court accepted the Challan on 24th May 2018. However, our government will see if investigation was done with predetermined intentions,” Gehlot said on Twitter.

However, on page 8 of the chargesheet, a copy of which is with The Indian Express, Khan’s name is clearly mentioned.

The chargesheet states, “After complete investigation in the matter, offences under sections 5,8,9 RBA Act is found to be proven against accused Irshad, Aarif and Pehlu Khan while offences under Section 6 RBA Act is found to be proven against accused Khan Mohammed.”

“Therefore, in the matter, chargesheet no. 1004/18 date 30.12.2018, against accused 1. Irshad, 2. Aarif under sections 5,8,9, RBA Act and against accused 3. Khan Mohammed under section 6 RBA Act., and the accused are on bail as per the order of the honourable High Court Rajasthan.”

On the same page, the chargesheet mentions Pehlu Khan again, and states: “Mratak abhiyukt Pehlu Khan ka adam baku fotgi muljim pesh kar arz hai ki bad samayat saluk kanuni farmave. Jo hamara challan pesh hai (Deceased accused Pehlu Khan is presented as an accused and requesting that further legal proceedings be taken up).”

Pehlu Khan’s family’s lawyer Gopesh Saini said: “The police have found the offences against Pehlu Khan true and have mentioned him as an accused. The very fact that he is dead shows that the charges against him have been dropped as a dead man can’t be tried. But that doesn’t change the fact that the police have found Khan guilty of cow smuggling.”