Mohsin Shaikh murder case: HRS president was in custody for other crime when the incident took place, says court

On June 2, 2014, during the communal clashes which spread after the circulation of objectionable pictures of Shivaji Maharaj and Shiv Sena chief Bal Thackeray on social media, youths associated to the Hindu Rashtra Sena (HRS) had allegedly attacked Shaikh in Hadapsar area

No eye-witness in court could identify the men who allegedly lynched Pune techie Mohsin Sheikh (28), neither was the “hateful” speech by Hindu Rashtra Sena president Dhananjay Desai brought on the record by the prosecution, the Pune Sessions Court observed in the detailed judgement acquitting 21 people in the 2014 case.

Hindu Rashtra Sena president Dhananjay Desai (HT FILE PHOTO)

“When Shaikh was lynched, Desai was in custody for another crime case. He did not give any provocative speech within one month of the alleged incident. The crimes are registered against speech given by the said accused. If these admissions are taken into consideration, it is clear that the accused has not given provoking speech within one month of the alleged incident. He was in custody when the alleged incident took place,” observed additional sessions judge SB Salunkhe.The court issued the directive on January 27.

On June 2, 2014, during the communal clashes which spread after the circulation of objectionable pictures of Shivaji Maharaj and Shiv Sena chief Bal Thackeray on social media, youths associated to the Hindu Rashtra Sena (HRS) had allegedly attacked Shaikh in Hadapsar area.

According to his lawyer Advocate Milind Pawar , Desai was booked in a case related to delivering an inflammatory speech at Paud Police Station.

“The prosecution has failed to bring cogent and reliable evidence on record which will show that, on account of insulting images of Shivaji Maharaj which were uploaded on social media under the pretext that the said images were uploaded by the Muslim community and promote the feelings of Hindu community by delivering a speech and subsequently on March 17, 2014, by the circulation of pamphlets amongst the public at large provoked and instigate to the public to commit the offence. From the evidence on record and the above discussions, I conclude that the prosecution has failed to prove the guilt of the accused beyond a reasonable doubt. The accused are entitled to benefit of the doubt and they must be acquitted,” the judge stated in the order.

Desai was lodged in Yerawada Central Jail in 2014 for his alleged role in the murder of Shaikh.