Mohsin Shaikh lynching: all accused acquitted; court says his fault was his identity

Nine years after Mohsin Shaikh, a 28-year-old Muslim techie was lynched on his way home from evening prayers, a Sessions court in Pune acquitted all those accused of his murder, including Dhananjay Jayram Desai, the leader of the radical Hindu Rashtra Sena (HRS).

SB Salunkhe, a Sessions Judge, acquitted all 21 accused. Hadapsar police charged them with murder, attempted murder, 143 (unlawful assembly), 147/148 (rioting with a weapon), 120B (conspiracy), and 153A of the Indian Penal Code.

Shaikh was from Solapur and worked as a technician in Pune. Several clashes erupted across the state after allegedly objectionable images of Shivaji Maharaj and Shiv Sena Chief Bal Thackeray were circulated on social media. During this time, Desai was accused of making several inflammatory speeches. On June 2, 2014, Mohsin was returning from evening prayers with his friend Riyaz Ahmed when he was confronted by alleged Hindu Rashtra Sena members. He was rushed to the hospital, but he died that night.

“As Mohsin had a beard, a skull cap and was wearing a light green Pathani shirt, they attacked him with hockey sticks and banged a cement block on his head,” the FIR read. While granting bail to a couple of accused in the case Justice Mridula Bhatkar of Bombay High Court said they were provoked in the case Justice Mridula Bhatkar of Bombay High Court said they were provoked in the name of religion. “The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the applicants/accused.”