A fast-track court in Greater Noida, while hearing arguments on the Uttar Pradesh government’s request to withdraw the Mohammad Ikhlaq lynching case, asked on Friday whether a murder case had ever been withdrawn by the prosecution.
“Has a Section 302 case ever been withdrawn?” additional district judge (fast-track court) Saurabh Dwivedi asked twice during proceedings, as both sides presented preliminary arguments on the state’s withdrawal application filed on September 12.
Ikhlaq’s lawyer sought time to file a formal objection to the government’s plea. The court granted the request and listed the next hearing for December 18.
The brief hearing lasted only a few minutes. Assistant district government counsel (ADGC) Bhag Singh Bhati informed the court that the state had moved an application seeking to withdraw the case, prompting objection from Ikhlaq’s counsel, Yusuf Saifi. Saifi said he would file a detailed opposition shortly.
When the judge again asked whether a murder charge had ever been withdrawn in this manner, Saifi responded, “Never.”
The judge also noted that the eyewitness statements were pending. Saifi said the delays stemmed from the death of Ikhlaq’s mother and other family circumstances, but assured the court that the remaining statements would be expedited. So far, only the statement of Ikhlaq’s daughter Shaista has been recorded, while those of his wife Ikraman and son Danish are still awaited.
“The next hearing will decide whether the case will be withdrawn or the trial will continue,” ADGC Bhati said. He added that several reminders had been sent to the family since 2022 to appear for the recording of statements, but no one except Shaista had come to court until now. “The judge also acknowledged the delay and the fact that the UP government is fighting the case from the victims’ side,” he said.
In its withdrawal application, the Uttar Pradesh government argued that the incident was triggered by allegations related to cow meat and that the police had recovered five sticks, iron rods and bricks from the accused. “From this, it is clear that no firearm or sharp weapon was used in the incident,” the application stated. It further said there was no evidence of prior enmity or hostility between the complainant and the accused.
“All citizens are entitled to equal rights under the Indian Constitution. For the restoration of social harmony, the case needs to be withdrawn,” the government said.
Saifi told HT that the state’s reasoning was deeply flawed. “The government is admitting that sticks and iron rods were recovered. Is it written anywhere that murder can be committed only with a firearm or sharp weapon?” he said.
“Ikhlaq was killed, and these very weapons were recovered from the suspects. We will raise this in court.”
One of Ikhlaq’s sons, who asked not to be named, was present at the Surajpur court. “This is a mockery. People, including journalists, question my family about the withdrawal application. The question should be asked of those who decided to withdraw the case,” he said.
Ikhlaq’s family has since moved to Agra. Shaista is married with two children, while the younger son Sartaj has a central government job and is studying law with the aim of becoming a judge. “Sartaj is learning law and wants to become a judge,” Saifi said.
Since the lynching, the family has largely withdrawn from public view due to fears of threats. “We could ask for security for Danish, but that would put him back in the limelight, which would increase the threat,” said Brinda Karat, CPI(M) leader, who met the family and Saifi at the court. “The UP government has set a record by directly seeking to close a case despite evidence being presented in court. If such cases are withdrawn, it sends the message that murder can happen and the government will support the accused.”
All the accused appeared in court on Friday. One of them, requesting anonymity, said, “We were 18 in the case, but now our family has grown to 36 or more. Our wives and children are also affected. We are all looking for closure.”
Sanjay Rana, a Bharatiya Janata Party (BJP) leader whose son Vishal was named in the case, said, “My son was 19-year-old when the incident took place. After coming out on bail in 22 months, he was left mentally shaken for a year.” “Communal harmony will return to normal in Bisada once the case is withdrawn,” he said.
Ikhlaq, 55, was lynched by a mob in Bishahra village on September 28, 2015, after rumours that his family had stored beef at home. His son Danish was critically injured while trying to save his father. The attack triggered nationwide outrage over rising intolerance, with writers, filmmakers and scientists returning state awards in protest.
In her FIR at Jarcha police station, Ikraman had stated: “On September 28, 2015, a group of 14 to 15 people barged into our home carrying rods. They hurled abuses and brutally assaulted my husband Ikhlaq and son Danish… They left my husband and son in a death-like condition, and we remained hidden inside our home until the police arrived.”
Initially, 10 suspects were named in the FIR – Rupendra, Vivek, Sachin, Hariom, Shriom, Vishal, Shivam, Sandeep, Saurabh and Gaurav. Eight more were added later. Three were minors; one accused, Robin, died in jail, and another, Rohit, was electrocuted after securing bail. Most of the accused were released on bail after spending about 18 months in Luksar jail.