Members of several civil rights groups have come together in an attempt to re-open the case of Pehlu Khan’s murder, after investigation in the case was closed by the Rajasthan Police in September.
Pehlu died after being thrashed in Rajasthan’s Alwar in April by a mob that suspected him of being a cattle smuggler.
Probe report released
Addressing the media along with Pehlu’s son Irshad, the activists released an independent investigative report titled “How The Police Are Protecting the Murderers”.
“The family does not want compensation. All they want is justice and peace. It is our collective responsibility that this case is not buried just like many others,” said former Additional Solicitor-General Indira Jaising, who released the report.
A visibly disappointed Irshad demanded the case be tried in the Supreme Court.
“Rajasthan main hamara kuch nai hoga . Yeh case Supreme Court aaye to humein insaf milega [We will not get justice in Rajasthan. We will get justice if the case comes to the Supreme Court],” he said.
The activists, including Supreme Court lawyers Prashant Bhushan and Colin Gonsalves; human rights activist Teesta Setalvad; and student leaders Kanhaiya Kumar and Umar Khalid, have raised several questions in the report over the investigation conducted by the Rajasthan Police.
The report states that the police did not invoke appropriate Sections of the Indian Penal Code like 120B (criminal conspiracy for an offence that is punishable with death) and 307 (Attempt to murder), among others.
‘Conspiracy’
“Pehlu did not know the six people he had named in his dying declaration personally. If the police say they were not present at the place where the crime was committed, how did their names appear? Wasn’t this a conspiracy?” said Ms. Jaising.
The report also questions investigations into the arrest and exoneration of the six accused named by Pehlu.
“The police could not trace the names of the accused for five months…The police made no effort to trace them… In September, the police suddenly announced they had exonerated every one of the six [accused],” the reports said.
The report added that they were exonerated on the basis of their alibi, which was further based on statements of the policemen and workers of a cowshed the accused allegedly worked in or owned.
Raising questions about the statements given by the doctors to the police, the activists alleged they were an effort to weaken the case against the accused.
Doctor’s statement
“At least three doctors at Kailash Hospital [at Behror in Rajasthan] have given statements to the police regarding Pehlu’s death. General Surgeon V. D. Sharma, in whose care Pehlu was placed, claimed in his statement that Pehlu was absolutely fine on April 2 and on the morning of April 3, before dying of a heart attack,” the report reads.
Ms. Setalvad said they will submit a protest petition against the closure of investigation.
