Haryana delays sanction to prosecute right-wing activists for over a year

CHANDIGARH: The trial of a case, where a Muslim trader from Uttar Pradesh was slapped by right-wing activists outside Hisar mosque last year in July for not chanting "Bharat Mata Ki Jai," has not started as yet as the Haryana government has not granted sanction for prosecution.

As the charges include Section 295-A (hurting religious feelings) of the Indian Penal Code, permission under Section 196 of the Criminal Procedure Code is required from the Haryana home department, headed by chief minister Manohar Lal Khattar, for prosecution.

A case was registered against some right-wing activists on July 11, 2017 and the Hisar prosecution agency had written to the home department for sanction on August 19.

The matter came up for hearing before the trial court in Hisar on July 17, 2018, where the judicial magistrate (first class) expressed surprise over delay in sanction for prosecution and directed the prosecution agency to send a reminder to the Khattar government.

The next hearing has now been fixed for September 11. "The delay is unprecedented because normally such sanction is received within 3-4 months," said Vikram Mittal, counsel for the complainant.

Delay has benefitted accused who were not arrested: Lawyer

The trial of the case has not commenced for want of sanction. More delay would only cause irreparable loss to the complainant,” said Vikram.

The lawyer added that delay has also benefitted other accused who were not arrested by police and against whom the court had issued summons. All of them got a stay on the summons from the additional district and sessions court on technical grounds.

R K Kukreja, who retired as Hisar district attorney on July 31, said the matter had been sent to the home department and it had to take a final decision. Kukreja refused to comment more as he has retired now.

Police had registered a case under sections 147, 149 (rioting, unlawful assembly), 295-A (hurting religious feelings), 153-A (promoting enmity between the groups), 323 (assault) and 506 (criminal intimidation) of IPC after caretaker of the mosque, Abid Hussain, lodged a complaint. Hussain told police that a mob of 100-150 persons raised slogans outside the mosque, hit its gate and pelted stones and brickbats. The mob then beat up a person who had come to the mosque for prayers.