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Tuesday, July 17, 2018

Junaid Khan lynching: Punjab and Haryana HC stays trial court proceedings

Junaid was stabbed to death in an attack in June this year. In October, his father Jalaluddin filed a petition alleging that police had carried out a "seemingly casual and shoddy investigation" in the case and the probe had been "subverted in a calculated manner" to help the accused.

Written by Sofi Ahsan | Chnadigarh | Published: December 5, 2017 12:38:01 pm
Junaid Khan lynching, Junaid Khan murder case, Junaid Khan murder, junaid khan, Punjab HC, Punjab High Court, Haryana High Court, Haryana HC, Haryana government, CBI Probe, India News, Indian Express, Indian Express News  Junaid was stabbed to death in an attack in June this year (File)

The Punjab and Haryana High Court Tuesday stayed the trial court proceedings in the Junaid Khan lynching case and issued a notice to the Haryana government on his family’s plea seeking a CBI probe into the matter.

The plea for a CBI probe into the killing of Junaid Khan came up for hearing before a division bench of Punjab and Haryana High Court on Tuesday after his family challenged the recent judgment of a single bench in the case.

A single bench of the high court on November 27 had dismissed the plea filed by Junaid’s father Jalaluddin saying there was “nothing to show that the incident has any national or international ramifications” and the claim made by Junaid’s family that there had been a deliberate attempt to subvert or derail the investigation “lacks substance”.

“The judgement under appeal has been passed while absolutely excluding the consideration that the transaction resulting into the death of an innocent 16 years old boy belonging to the minority community and serious injuries to others was a totally one-sided affair,” the letters patent appeal filed through advocate Arshdeep Singh Cheema has said.

The proceedings in the Faridabad Sessions Court have been stayed until January 11, Cheema told The Indian Express. Jalaluddin’s counsel, in the fresh plea, has also said it is “disturbing” that the “worst humiliation on the ground of religion by way of hate abuse” in the case did not “enter the judicial adjudication” in the judgement passed by the single bench and despite vehement submissions it “refused to look at the total picture.”

Junaid, his brother and two cousins had been attacked in June, allegedly by a mob which also hurled communal slurs at them. The teenager was stabbed to death during the attack. In October, his father Jalaluddin filed a petition, saying police had carried out a “seemingly casual and shoddy investigation” in the case and the probe had been “subverted in a calculated manner” to help the accused.

“The manner of investigation, perusal of 173(2) report and evidence referred to therein leaves no room for doubt that the agency (police) has not been remiss in any manner. Grievance of the complainant regarding non-inclusion of additional accused or omission of certain offences cannot be a ground for transfer of investigation to CBI, that too after proceedings have made some headway,” Justice Rajan Gupta had said while dismissing the plea.

On the single bench declining to comment on the police claim of the family seeking two crore rupees and three acres of land to reach a compromise in the matter, Junaid’s family in the fresh plea has said the judgement “evades to answer the material issues”and the “false assertions (of the state) had to be rejected out rightly”. ”

The appellant also brought it to the notice of the Hon’ble Single Judge that as to how the senior officer from the office of Advocate General, Haryana has been found taking interest in the trial from the side of the accused and how the Ld. Trial Judge has taken strict judicial notice of the event,” the plea further reads, adding such events were bound to shake the confidence of the family because of which the trial requires close monitoring of the High Court.

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