While the court will review the petition and arguments presented by the victim's party, the proceedings at the Faridabad sessions court have been stayed till January 11, which is the next hearing date at the High Court. The victim's party will present its arguments on why it wants the probe to be transferred to an independent investigative agency.
On November 27, the High Court had dismissed a petition filed by Jalaluddin, to move the inquiry to an independent investigative agency. Jalaluddin, however, moved a petition for a review of the decision by a division bench.
The matter was taken up in the high court today and Rajinder Singh Cheema and associates appeared on behalf of the victims and argued for a CBI inquiry on three major grounds. First, that the disclosures made by the accused are confessional in nature but could not be treated as evidence as per section 25-27 of the Evidence Act. Second, that act of communal violence against a particular religion did not appropriately come out in the investigation. They alleged that certain portions from the victim's disclosures with regard to religious slurs cast on them, were deleted from their statements. Third, to instill confidence in the victim's party to ensure a fair probe and trial.
On June 22, Junaid Khan was returning to his village in Haryana on EMU train after a shopping-trip from Delhi ahead of Eid. He was accompanied by his brother Hashim and friends Moeen and Mohsin.
What began as a fight over a seat turned ugly as passengers on the train got into a tiff with Junaid and his kin. The fight turned violent after the passengers on the train began physically manhandling and abusing the victims. One of the passengers gave knife blows to Junaid who died after alighting at Asaoti, while his brothers Hashim and Shakir sustained injuries. Currently, four of the six accused are out of bail.