E-Paper
Nuh violence: HC dismisses plea from MLA Mamman Khan against separate trial
The high court bench of justice Mahabir Singh Sindhu passed the order observing that the trial court is fully justified while segregating the trial of the petitioner and to proceed in the matter, expeditiously.
The Punjab and Haryana high court has dismissed plea from Congress MLA, Mamman Khan, an accused in 2023 Nuh violence, who had challenged trial court order of separate proceedings against him.
The high court bench of justice Mahabir Singh Sindhu passed the order observing that the trial court is fully justified while segregating the trial of the petitioner and to proceed in the matter, expeditiously.
“The trial is not being conducted on day-to-day basis; rather it is going on at a proper pace and thus, it cannot be said that proceedings are being conducted in undue haste and/or causing any prejudice to the petitioner,” the bench recorded.
The allegations against him are that in order to take revenge of killing two persons, namely, Nasir and Juned, (residents of Ghatmika, Bhartpur, Rajasthan) at the hands of cow vigilantees, petitioner along with other co-accused hatched a criminal conspiracy, through social media as well as in person, for committing offences of rioting, dacoity, mischief by fire and criminal intimidation. The FIR was registered on August 1, 2023, at police station Nagina in Nuh. Mamman, a sitting MLA had won Ferozepur Jhirka assembly seat in recently concluded elections with highest margin of 98,441 votes in the state.
The communal violence erupted in the district on July 30 during a Hindu religious procession, injuring several and killing at least five. The violence eventually spiraled and spread to neighbouring districts, including Gurugram, where mobs set afire a mosque and pillaged several shops and restaurants.
In the plea he had sought quashing of order of August 28, passed by additional district and sessions judge directing the prosecution to file separate chargesheet in his case and to segregate trial from the other accused. Charges were framed against him on November 25.
The court also noted that the Supreme Court has directed to decide the cases of MPs/MLAs on priority basis and status of trials and probes is being monitored by high courts across the country.
“..in view of the charges framed by learned trial court, prima facie, it is discernible that petitioner being a lawmaker (MLA), has broken the law and in order to maintain the faith of common man as well as to uphold the rule of law, there would be no harm, if the elected representative is brought to justice, expeditiously,” the bench said, dismissing the plea.
