Following critical observations from the Supreme Court, the Uttar Pradesh Police has agreed to examine and apply hate-crime offences in the case of Kazeem Ahmad Sherwani, a Noida-based Muslim cleric. Sherwani claims a group attacked him in 2021 and targeted him because of his religious identity.
Bench and submissions by ASG K.M. Nataraj
A Bench of Justice Vikram Nath and Justice Sandeep Mehta heard the matter. Additional Solicitor General (ASG) K.M. Nataraj informed the Court about the State’s position.
The ASG submitted that the complaint itself disclosed the ingredients of Sections 153B and 295A of the Indian Penal Code (IPC). He also said the FIR registered in 2023 should have included these provisions.
Police to move trial court for record, seek further investigation
The ASG pointed out that the police has already filed a chargesheet. He said the Investigating Officer (IO) should move the trial court to obtain the original file/record. After getting the record back, the police can carry out further investigation and add the applicable offences.
Supreme Court calls omission a “grave error”
In its order, the Supreme Court said the IO committed a “grave error” by not adding offences that were apparent on a bare reading of the FIR. However, the Court granted time to take corrective steps.
The Court recorded:
“Manifestly, the Investigating Officer committed grave error in not applying the appropriate offences which were made out on a bare perusal of the FIR lodged by the petitioner. However, now under proper legal advice, the investigation agency proposes to rectify the error by moving an appropriate application to the trial Court for return of the original record so that further investigation can be conducted with addition of the applicable offences and sanction mandatorily required under Section 196 CrPC (corresponding Section 217 of the BNSS) can be sought.”
Background: plea seeking fair investigation
Sherwani approached the Supreme Court seeking a fair investigation. He also sought action against police officials. He alleged they refused to properly pursue his complaint.
At an earlier hearing, the Supreme Court asked the State why the police did not invoke Sections 153B and 295A IPC. The Court also noted that it had reserved orders in a batch of petitions on hate speeches and hate crimes across the country. It kept Sherwani’s case pending.
Case details
Case Title: KAZEEM AHMAD SHERWANI Versus THE STATE OF UTTAR PRADESH AND ORS.
