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Will invoke hate crime offences in 2021 case: UP govt tells SC
Uttar Pradesh will invoke hate crime laws in a case where a Muslim man alleged torture and abuse linked to his identity, following court directives.
Nearly five years Delhi man alleged that he was tortured, abused, and humiliated over his Muslim identity, the Uttar Pradesh government on Monday agreed to invoke hate crime offences against the accused.
The state made the submissions in court two weeks after a bench of justices Vikram Nath and Sandeep Mehta asked it whether it would register hate crime provisions in the in the 2021 case.
Appearing for the UP government, additional solicitor general (ASG) KM Nataraj informed the court that, upon examination, the state believes that sections 153B (imputations and assertions prejudicial to national integrity) and section 295A (outraging religious feelings) of the Indian Penal Code (IPC) will apply. He further said these provisions will be added to the case by making suitable application before the trial court within a week.
The incident dates back to July 4, 2021, when the victim, Kazeem Ahmad Sherwani, a resident of Delhi, reached Noida as he was travelling to Aligarh. There, he was accosted by a group of men who, at first, offered him a lift, but then abused him and pulled at his beard.
In November 2021, Sherwani approached the top court seeking compensation for the injury caused to him by the inaction of the police to register his complaint.
On Monday, appearing for the petitioner, senior advocate Huzefa Ahmadi, along with advocate Shahrukh Alam, told the court that the issue of compensation is still outstanding.
The bench said, “Now ASG Nataraj has accepted that sections 153B and 295A should apply. For compensation, you can approach the appropriate forum.” However, Alam requested that the matter be kept pending which the court accepted.
Sherwani approached the top court in November 2021 seeking a victim compensation scheme for persons affected by hate crimes. He had initially filed his complaint with the Delhi Police at a station near his residence. His complaint was forwarded to the Noida police who refused to lodge the case. He also demanded action against the police personnel who refused to register his case.
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On realising that the state had already filed a chargesheet, the court said that, while the state can decline sanction for the hate crime offences on consideration of the material, it cannot refuse registration of the FIR. Prosecution under sections 153B and 295A IPC requires sanction of the state under section 196 of the Code of Criminal Procedure (CrPC).
In January 2023, the state had registered a first information report (FIR) under IPC sections for criminal intimidation and causing hurt. It claimed that the accused where operating as a gang and had picked up the complainant with the intention to loot him.
The state also told court that disciplinary proceedings were initiated against the police officers who had failed to register Sherwani’s complaint.
While the court was not willing to give a communal “colour” to the incident claiming that such a generalisation cannot be made based on a single incident, the court had questioned the state over its denial of the case having anything to do with hate crime. It had observed on February 3, “Unless and until you won’t file a case, how will you know?”
The bench, during an earlier hearing, had said, “A Muslim man has a beard as an integral part of his religious practice. This has come out in the statement made by him to the Delhi Police. By verbally abusing and pulling the beard, the intimation of it being a hate crime is very clear.”
