Court Says No Proof to Establish Motive, Hatred or Animosity Against Muslim Community
Kasargod, Kerala.
A Kerala Court on Saturday acquitted three persons Ajesh (accused 1), Nidhin Kumar (accused 2) and Akhilesh (accused 3) in the murder of Madarsa Teacher Muhammad Riyas on March 20, 2017, in Muhayudheen Mosque in Madhur Grama Panchayath at old Choori in Kudlu village, Kasargod district.
The prosecution case was that the murder was a motive-specific offence committed by the accused who were RSS workers to promote hatred and hostility towards the Muslim community.
The District and Sessions judge, Kasargod K K Balakrishnan stated that the prosecution failed to prove prior incidents that could show motive for the commission of the murder or RSS affiliation of the accused.
It held thus…..
“In the above points it is already found that none of the three incidents allegedly projected as reason for enmity of accused against Muslim community is not at all proved. Moreover, the prosecution side failed to establish any kind of connection of the accused with RSS. For the above claimed previous incidents no case was registered against the accused alleging any communal element, even then two alleged previous incidents were happened in the presence of many police officers. Nothing was produced to prove the allegation that A1 to 3 are fanatic workers and believers of RSS. Therefore, it is already found that the prosecution miserably failed to prove the motive alleged against the accused.”
Case
The prosecution allegation was that communal tension began during the 2016 Kerala Legislative Assembly election when some Muslim youth attacked Ajesh. The allegation was that the accused persons were fanatic workers and believers of RSS due to their communal hatred and enmity towards the Muslim community in general, trespassed into the Muhayuddeen Mosque on midnight of 20th March and committed the murder. It was alleged that the accused persons wanted to insult the Muslim community and defile their place of worship.
The specific allegation was that accused 1 trespassed into the room of Riyas with whom none of the accused had any previous acquaintance and stabbed him with a knife while accused 2 guarded outside the room of the mosque. The 3rd accused the 1st and 2nd accused by causing the disappearance of evidence, giving false information to screen them and providing them transportation on the motorcycle to commit the alleged offence.
