Amravati pharmacist murder accused seeks discharge from the case

Accused in Umesh Kolhe murder case seeks discharge, claims false implication. NIA alleges religious radicalization by Tablighi Jamaat members.

MUMBAI: Abdul Taufeeque Shaikh, an accused in the murder of Amravati-based pharmacist Umesh Kolhe, on Tuesday moved an application before a special National Investigation Agency (NIA) court seeking discharge from the case.

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Umesh Kolhe, who ran a medical store in Amravati, was killed on June 21, 2022, for supporting the statement of suspended Bharatiya Janata Party (BJP) spokesperson Nupur Sharma, who had made some objectionable remarks about Prophet Muhammad.

Kolhe was going home on his scooter on the night of June 21 when he was accosted by three young men on a bike and was hacked to death. Kolhe’s daughter-in-law and his son were in another vehicle, plying with him, but they could not save him.

Shaikh sought discharge on the grounds that he was falsely implicated in the case and that there was no documentary evidence in the entire chargesheet to demonstrate the involvement of the accused persons in any terrorist act, as contemplated under section 15 of Unlawful Activities (Prevention) Act (UAPA).

In its charge-sheet against the accused in the case, NIA has claimed that the men responsible for Kolhe’s murder were religiously radicalised and were members of Tablighi Jamaat and were instigated by social activist Irfan Khan and maulvi Mushifique Ahmad.

The federal agency’s charge sheet against the 11 accused claimed that “radicalised Islamist of the Tablighi Jamaat committed murder of Umesh Kolhe.” It further claimed that the accused were highly influenced by the ideology of brutality “Gustakh-e-Nabi ki ek hi saza, sar tan se juda.”

According to the chargesheet, the conspiracy to eliminate Kolhe began with one of the accused Yusuf Khan – a veterinary doctor circulating the message that Kolhe had posted on one of the groups namely “black freedom” on June 14, 2022. The agency claimed that Yusuf intentionally took a screenshot of the post after changing Kolhe’s number and circulated it in another group namely “Kalim Ibrahim”. NIA claimed that the conspiracy to eliminate Kolhe began with this circulation of messages.

It was decided that on June 20, 2022, the accused was to eliminate him while he left for his medical shop. However, the plan failed as Kolhe did not turn up. After this Irfan prepared another plan and made a recce team to keep a watch on Kolhe’s movements to execute their conspiracy. The group again met on the night of June 20 with other accused, including the applicant, to devise a strategy to execute their plan.

Referring to the allegations made in the NIA chargesheet, Shaikh stated in his application that the Tablighi Jamaat was neither a banned organisation nor declared unlawful, or a terrorist organisation and that the federal agency had failed to show that the accused belonged to the Tablighi Jamaat.

“That there is an egregious defect in the sanction order, and this is not a mere irregularity, error and omission. It strikes at the root of the prosecution case. An egregious defect in sanction is not a curable defect. If cognizance is taken without complying with the requirements of a valid sanction, the entire trial shall stand vitiated. The sanction for prosecution is not valid. That no independent review of the evidence gathered in the course of investigation is made,” the application said, adding that the provisions of UAPA applied in the matter were without the application of mind.