Court calls Amravati pharmacist’s murder a terrorist act, rejects accused’s bail plea

MUMBAI: The 2022 murder of Amravati veterinary medical shop owner Umesh Kolhe was intended to strike terror among people who supported former BJP spokesperson Nupur Sharma and therefore amounted to a terrorist act, a special NIA court observed on Tuesday while rejecting the bail plea of accused Abdul Arbaz Abdul Salim

MUMBAI: The 2022 murder of Amravati veterinary medical shop owner Umesh Kolhe was intended to strike terror among people who supported former BJP spokesperson Nupur Sharma and therefore amounted to a terrorist act, a special NIA court observed on Tuesday while rejecting the bail plea of accused Abdul Arbaz Abdul Salim.

The case stems from the controversy triggered by remarks made by then BJP spokesperson Nupur Sharma during a television debate on May 27, 2022, about the Prophet Muhammad. The remarks sparked protests and complaints across the country. According to the prosecution, they were also followed by threats in Amravati against people who supported Sharma, with the court treating Kolhe’s murder as part of this alleged chain of events.

Special judge Chakor S Baviskar said the murder was preceded by threats to others who had supported Sharma and a failed attempt to kill Kolhe a day earlier. “The incident of murder of Umesh Kolhe is not a flare up in the wrecked moment. No. It is determined to wreak revenge,” he said.

The judge said the prosecution material indicated that the accused had conducted a recce, monitored Kolhe’s movements, procured weapons and assigned roles before executing the plan on June 21, 2022.

The court’s finding that the offence constituted a terrorist act under the Unlawful Activities (Prevention) Act (UAPA) came while rejecting Abdul’s argument that Section 15 had not been invoked in the chargesheet. The judge said the defence had selectively read the provisions and held that the alleged intention behind the killing was to strike terror among people who supported Sharma’s remarks about the Prophet.

“True that, the accused did not use bombs or dynamites or any explosive substances but they did use knives which certainly come within the scope of ‘lethal weapon’ to cause death of Umesh Kolhe,” the court said, concluding that “the accused did commit terrorist act within the meaning of the UAP Act”.

The prosecution alleged that Abdul attended a meeting after the failed attempt on June 20, where the accused planned to carry out the murder the following day. After Kolhe was killed, Abdul allegedly helped the assailants escape, dropping them by car at different places beyond Amravati and accompanying co-accused Irfan Khan while he sought shelter.

The prosecution further alleged that Abdul went to the hospital where Kolhe was taken after the attack to ascertain whether he was alive. After confirming his death, he allegedly informed Khan.

The NIA relied on statements of about 21 witnesses as well as documentary, technical and electronic evidence, including call detail records.

Rejecting Abdul’s bail plea, Judge Baviskar said, “He helped the co-accused to abscond. He dropped them by car to various places beyond Amravati. He was in constant contact with the rest of the accused, soon before and after the incident of murder of Umesh Kolhe.”

These circumstances, the judge held, were “more than enough for anyone to believe that allegations against present applicant/accused Abdul (A/8) are prima facie true”.

Abdul had also argued that he had been in custody since August 2022 without charges being framed and that his continued incarceration violated his right to a speedy trial. The court acknowledged that charges had not yet been framed but rejected the argument, holding that the accused themselves had contributed to the delay by filing successive bail and discharge applications and approaching the High Court.

In a sharp observation, the judge said the accused had sought to prolong the proceedings and then attempted to use the resulting delay as a ground for bail. “The crocodile tears of the accused for speedy trial are nothing but a mockery,” he said.