January 26, 2017 12:29:10 am
A PUNE-based legal group “Advocacy Association” has filed an application before the chief justice of the Bombay High Court (HC), seeking quashing of the bail order passed by Justice Mrudula Bhatkar in Mohsin Shaikh murder case. In an order dated January 12, 2017, Justice Bhatkar had granted bail to accused Vijay Rajendra Gambhire, Ganesh, alias Ranjeet Shankar Yadav, and Ajay Dilip Lalge. Those granted bail are among the 21 Hindu Rashtra Sena (HRS) activists, besides their leader Dhanajay Jayram Desai alias Bhai, who were arrested for the alleged murder of Mohsin — a Muslim techie who worked for a firm in Pune.
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On June 2, 2014, Mohsin was heading home with a friend, Riyaz Ahmed Mubarak Shendure, after offering prayers at a masjid in Hadapsar around 9.15 pm, when he was allegedly attacked by the accused who were protesting against the circulation of objectionable pictures of Shivaji Maharaj and Bal Thackeray. The accused had allegedly attended a meeting prior to the incident, in which Desai had allegedly delivered a ‘provoking’ speech.
On January 12, Justice Bhatkar had observed, “The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the applicants/accused. Moreover, the applicants/ accused do not have any criminal record and it appears that in the name of the religion, they were provoked and have committed the murder.”
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Advocate Tosif Shaikh, president of Advocacy Group, said, “We are not against the court granting bail to the accused. But we are against the observations given by the judge. We believe that such decision by courts will create an unhealthy precedence in the country. It goes against constitutional morality, criminal jurisprudence and human values. So we have filed an application on January 24 demanding the chief justice to intervene suo moto and quash the bail order.”
Meanwhile, Mohsin’s father, Mohammed Sadiq Shaikh, has written to Chief Minister Devendra Fadnavis, seeking appointment of Ujjwal Nikam as a public prosecutor to oppose bail petition of the main accused, Dhananjay Desai. Desai’s bail application is scheduled to be heard by the Bombay High Court on February 1.
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