A Bombay High Court order on a Muslim man's murder could just embolden fringe groups
[18 January 2017, Scroll.in]
Sruthisagar Yamunan
The Big Story: Taking hate crimes seriously
On January 12, the Bombay High Court granted
bail to three men accused of murdering a Muslim engineer in Pune in
June 2014. Apart from the murder charges, Vijay Gambhire, Ranjeet Yadav
and Ajay Lalge, along with 17 others, were also booked for hate speech
under section 153 A of the Indian Penal Code, which prohibits the
promotion of enmity between groups on the basis of religion, race or
language.
The accused men, who were members of the fringe Hindu
Rashtra Sena group, had beaten engineer Riyaz Shaikh to death as he was
on his way to dinner with a friend. As per the police chargesheet, the
assailants had been provoked by a speech by Dhananjay Desai, the leader
of the group, in which he wanted Hindu youth to take revenge on Muslims
for the desecration of a Shivaji statue.
Granting bail to the
accused is a normal procedure in any criminal case. In fact, time and
again, the higher judiciary, and many human rights organisations, have
argued that bail should be the rule and not the exception. Usually, the
court imposes certain restrictions and grants the accused bail. The
circumstances in which a person should be denied bail have been
elaborated upon many times by the Supreme Court, including in 2010 in
the Prasanta Kumar case, where it listed eight reasons. This included
the existence of strong preliminary evidence against the accused, the
gravity of the crime and the possible interference in the process of
justice delivery if the accused is released.
In the case under
consideration, the fact that the crime was fueled by religious hatred
has been established strongly by the prosecution. It was a premeditated
hate crime that targeted a member of a minority community. However, in
what seems to be a bizarre justification to grant bail, this religious
hatred behind the crime has been used as a sort of a mitigating factor. [. . .]
FULL TEXT AT: https://scroll.in/article/827011/the-daily-fix-bombay-high-court-order-on-a-muslim-mans-murder-may-end-up-emboldening-fringe-groups