Punjab and Haryana HC stays trial court proceedings in Junaid lynching case
The division bench of the high court acted on the petition filed by Jalaluddin, father of the 15-year-old Faridabad boy who was lynched in June on board a Mathura bound train.punjab Updated: Dec 05, 2017 13:45 IST
The Punjab and Haryana high court on Tuesday stayed the trial proceedings in the lynching case of Junaid Khan before a Faridabad court and also sought a response from the Haryana government on his family’s plea seeking a probe by the Central Bureau of Investigation (CBI) into the matter.
The division bench of the high court acted on the petition filed by Jalaluddin, father of the 15-year-old Faridabad boy who was lynched in June on board a Mathura bound train allegedly by right-wing sympathisers.
A single-judge bench had on November 27 dismissed Jalaluddin’s petition seeking a CBI probe into the lynching of Junaid.
Pronouncing the judgment, the bench of justice Rajan Gupta had said the case was not fit for an intervention by the high court and did not merit an investigation by the CBI.
Jalaluddin approached the high court on October 25 seeking a CBI probe arguing that the Haryana police had deliberately distorted all witnesses’ statements to introduce “ambiguity, discrepancies and contradictions” to benefit the accused.
Junaid was stabbed to death when he returning home with his brothers to Khandawli village after shopping for Eid in Delhi. His body was dumped close to Asaoti village in Faridabad district.
Two men — Naresh Kumar and Rameshwar Dass — have been charged with the murder and four others were booked for other offences.
Haryana defended the probe arguing that his family did not lodge any protest in the trial court against the investigation.
The state government also claimed that Junaid’s family demanded Rs 2 crore for the ‘settlement’ of the case from the accused. The family refuted the claim and said it was an attempt to defame them.
The bench observed that it appeared that after the incident was reported the investigating agency swung into action and looked for clues.
“The investigating agency appears to have employed forensic and electronic means for cracking the crime. It is for this reason that all accused present at the spot at the time of occurrence are stated to have been identified despite the fact that no names were mentioned in the FIR,” justice Gupta had said.
The bench added Jalaluddin’s plea that there was deliberate attempt to subvert or derail the investigation “lacks” substance.
“The complainant’s grievance regarding non-inclusion of additional accused or omission of certain offences cannot be a ground for transfer of probe to the CBI, that too after proceedings have made some headway,” justice Gupta had said.