Yusuf Khan, an accused in the 2022 murder of Amravati-based pharmacist Umesh Kolhe, who had shared social media posts backing suspended Bharatiya Janata Party leader Nupur Sharma over the latter's alleged objectionable comments about Prophet Mohammad, on Monday moved a bail application before a special National Investigation Agency court in Mumbai.
Kolhe was killed in the eastern Maharashtra city, some 650 km from Mumbai, on June 21 last year by a group that was allegedly seeking to avenge the "insult" to the Prophet, as per the police.
The case was initially probed by the local police before it was taken over on July 2 last year by the National Investigation Agency, which has filed its chargesheet against 11 accused.
Khan, a veterinary doctor, in his plea claimed he was not a "Tablighi Jamaat" member as claimed by the NIA and that he was falsely arrayed as a co-accused despite not an "iota of evidence" against him for being part of the conspiracy to kill Kolhe.
Khan has been booked for murder, being part of a criminal conspiracy and disappearance of evidence under provisions of the Indian Penal Code and the stringent Unlawful Activities Prevention Act.
As per the NIA, Kolhe was killed by "radicalised Islamists of Tablighi Jamaat".
In his bail plea filed through advocate Shehzad Naqvi, accused Khan said he was a staunch Sunni Muslim following the "Barelvi School of Thought", which is based on "Sufi mystic teachings" and was not a member of the "Tablighi Jamaat" as claimed by the prosecution.
"Nor has the prosecution produced any document to substantiate the said allegation in the entire chargesheet nor has any witness alleged the same against the present applicant," his bail plea contended.
It further claimed the prosecution has not been able to establish Khan had any intention to cause the murder (of Kolhe) in order to invoke UAPA or IPC provisions.
As per the NIA, Khan instigated the other accused by forwarding a message shared by Kolhe in support of suspended BJP leader Nupur Sharma on a Whatsapp group, of which the accused was also a member.
Even if the WhatsApp message allegedly forwarded on June, 15, 2022 by the present applicant is considered true for the sake of argument, even then it is merely a call for economic boycott of cattle owners (locally referred to as goore wale) and does not not tantamount to an intention to kill, Khan's application said.
Subsequent to the said alleged message, there is no allegation or prima-facie proof presented by the prosecution that Khan met the alleged mastermind or contacted any other accused in the case, the plea further contended.
The NIA has said alleged mastermind Irfan Khan led a "terrorist gang" to kill Kolhe and avenge the "insult" of Prophet Mohammad.
Yusuf Khan, in his bail plea, said this (formation of terrorist gang), prima facie, established the fact that the murder was not based on his Whatsapp message.
Khan was neither a part of any such “terrorist gang” formed on June, 19 2022, nor was there any meeting of minds when the said conspiracy to kill the victim was hatched on the said date, the application claimed.
Therefore, Khan was not part of any such conspiracy, claimed the bail application, which was filed before special judge Rajesh Kataria.
The NIA is expected to file its reply on February 18.
