"Justice Vikas Bahl Calls for State Government's Response in Response to Congress MLA Mamman Khan's Plea, Surprised to Discover His Accused Status During Hearing"
SOURCE: BAR BENCH |
Punjab and Haryana High Court Issues Notice to Haryana Government in MLA Mamman Khan's Plea for SIT Probe Amid Accusation Revelation
In an unexpected turn of events, the Punjab and Haryana High Court has summoned the attention of the Haryana government regarding a petition demanding the formation of a high-level Special Investigation Team (SIT) to investigate cases linked to recent communal violence in Nuh district. The case, titled "Mamman Khan vs State of Haryana and Others," has taken a surprising twist during the hearing.SOURCE : BAR BENCH
Justice Vikas Bahl presided over the proceedings and requested the State government's response to the petition, which was filed by Congress MLA Mamman Khan. To Khan's astonishment, he learned during the hearing that he had also been implicated as an accused in one of the cases related to the violence.
Consequently, Khan sought protection against any coercive actions. Senior Advocate RS Cheema, representing Khan, urged the Court to grant him the freedom to seek appropriate remedies to safeguard his personal liberty. The Court granted this request.
Khan also emphasized his primary request for the establishment of an SIT comprising officers not below the rank of Inspector General of Police to conduct a thorough investigation.
The Court acknowledged the request and issued a notice accordingly. The case has been scheduled for further consideration on October 19.
The court order stated, "Notice of motion with respect to the limited prayer made by learned Senior Counsel for the petitioner. Liberty is granted to the petitioner to seek appropriate remedy for protection of liberty in accordance with law."
Earlier in the proceedings, Additional Advocate General (AAG) Deepak Sabharwal informed the Court that in the First Information Report (FIR) registered at Police Station Nagina under Sections 148, 149, 153-A, 379-A, 436, and 506 of the Indian Penal Code, 53 individuals were named as accused, with 42 of them already arrested.
The AAG further revealed that a co-accused named Taufiq had identified Khan as one of the accused, and the investigation uncovered that Khan and Taufiq had exchanged phone calls one day prior to the incident under scrutiny. It was also disclosed that Khan was located within 1.5 kilometers from the scene on the relevant dates.
Additionally, the AAG presented evidence that Khan had posted a message on WhatsApp and Facebook reassuring others, stating, "nobody needs to worry as the petitioner had fought for them in the Vidhan Sabha and will fight for them in Mewat also."
Furthermore, it was disclosed that Khan had received a notice on August 25 to appear before the police on August 31, but he had requested a 10-day extension to join the investigation. His failure to comply with this request led to him being named an accused on September 4, after a thorough examination of the relevant evidence.
The State assured the Court that the specific FIR was being diligently investigated by an SIT, comprising Deputy Superintendent of Police Satish Kumar, Station House Officer Nagina, and Sub-Inspector Varinder, under the direct supervision of the Superintendent of Police in Nuh.
The Inspector General of Police, South Range, Rewari, would oversee the investigation and seek weekly updates, as stated by AAG Sabhwaral. He also emphasized that the investigation was being conducted fairly and at an efficient pace, contributing to the restoration of peace in the District of Nuh.
The petitioner was represented by Senior Advocate RS Cheema and advocates Arshdeep Singh Cheema and Satish Sharma, while Additional Advocate General Deepak Sabharwal represented the State."
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