The Supreme Court on Tuesday asked the 2018 Hapur lynching victim to bring to the notice of the trial court the statements of two crucial witnesses recorded by a judicial magistrate.
The trial court will decide the plea seeking direction to the Uttar Pradesh police to file a supplementary charge sheet in view of the statements recorded by two brothers of the man who died - Qasim Qureishi - said a vacation bench of Chief Justice Ranjan Gogoi and Justice Aniruddha Bose.
The court noted the contention of lawyer Vrinda Grover, counsel for the victim, that on the basis of the statements of the two witnesses the investigating agency be directed to file a supplementary charge sheet.
"Having considered the matter, we are of the view that no such direction, as prayed for, ought to be issued.
"Rather, the order that would be appropriate to be passed, at this stage, would be to permit the petitioners to draw the attention of the trial Judge to the aforesaid statements of the brothers of the deceased recorded under Section 164 CrPC. The petitioners may act accordingly, whereafter appropriate orders will be passed by the trial court," the bench noted in its order.
While declining to direct trial court to ask the state police to file supplementary charge sheet in the case, the bench allowed the petitioners -- Samaydeen and Mehtab -- to bring the statements of the two brothers, Saleem and Nadeem, to the notice of the Hapur trial court.
Saleem and Nadeem recorded their testimonies on May 15 before the Chief Judicial Magistrate under section 164 (judicially admissible statements recorded before judicial magistrate) of Code of Criminal Procedure (CrPC).
Samiuddin and 45-year-old Qasim Qureishi were assaulted at Hapur on June 18 last year by a mob of alleged cow vigilantes. While Samiuddin survived, Qasim Qureishi succumbed to his injuries.
Advocate Vrinda Grover, appearing for the victims, said that the statements of the two witnesses have been recorded by the judicial magistrate and the state police be directed to file a supplementary charge sheet to bring them on the records of the trial court.
Senior advocates V Shekhar and Aishwarya Bhati, appearing for the state government, said that since the statements of the witnesses have already been recorded, the plea be disposed of. However, the plea was declined by the court.
The top court was hearing two separate petitions filed by Samiuddin, the survivor of the alleged mob lynching, and Mehtab, son of deceased Qureishi.
The Uttar Pradesh government had earlier informed the top court that it had filed a fresh status report on investigation in the Hapur lynching case.
The court had on April 8 asked the state government to file a status report of the investigation in the case in which a person was killed and another brutally assaulted in the name of cow vigilantism in June last year.
The top court on September 5 last year directed the Inspector General of Police (IGP) of Meerut range to supervise the investigation in the Hapur lynching case.
Earlier, Samiuddin had sought setting up of a Special Investigation Team (SIT) to ensure "an impartial, competent and fair investigation" into "the barbaric incident of mob lynching on June 18 last year in Hapur district of Uttar Pradesh.
The plea had alleged that Samiuddin and Qasim Qureishi, both belonging to the minority community, were targeted and mercilessly assaulted by a mob of the majority community from the neighbouring village, in the name of cow vigilantism.
It had further sought a direction to the state government to compensate the victim for his medical treatment. It had said Qasim Qureishi had died as a consequence of the lethal mob lynching, while Samiuddin survived the attempt on his life but suffered multiple fractures, wounds and injuries.
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