On Thursday(5th September), Mohammad Javed, an accused in the 2022 Udaipur tailor Kanhaiya Lal murder, was granted bail by the Rajasthan High Court after the NIA court denied his plea. Former CM Ashok Gehlot accused the BJP of exploiting the case for electoral gain, while BJP leader Rajendra Rathore emphasized the party’s commitment to punishing the culprits.
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JAIPUR: Mohammad Javed, an accused in the brutal 2022 murder of Udaipur tailor Kanhaiya Lal, was granted bail by the Rajasthan High Court on Thursday(5th September). His bail application had previously been rejected by a special National Investigation Agency (NIA) court.
Javed’s legal counsel, Syed Saadat Ali, put forward key arguments in favor of his client, asserting that his arrest was primarily based on phone call records rather than concrete evidence tying him directly to the murder conspiracy. Ali emphasized that Javed’s location data did not place him at the scene of the alleged conspiracy.
He further stated-
“The main accused are reported to have assembled at a tea stall before the incident, but the petitioner was not present at that location.”
The defense also highlighted that no incriminating evidence had been recovered from Javed, and his guilt had yet to be established through the ongoing trial process. Charges had already been framed against him, but according to Ali, these charges were not enough to deny him bail.
“No recovery has been made from him, and his guilt has yet to be established in trial.”
-the lawyer argued.
Considering these points, the bench headed by Justice Pankaj Bhandari of the Rajasthan High Court decided to grant bail to Javed. The court noted that his arrest was largely based on a disclosure statement, and his direct involvement in the conspiracy had not yet been conclusively proven. The court’s ruling has sparked reactions from various political leaders.
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Political Reactions: Congress vs. BJP
The bail decision triggered sharp reactions across the political spectrum in Rajasthan. Former Rajasthan Chief Minister Ashok Gehlot from the Congress party accused the Bharatiya Janata Party (BJP) of using the murder case for political gain.
Gehlot stated-
“The BJP used the case to gain electoral advantage,”
implying that the ruling party had exploited the incident to sway public sentiment in its favor during elections.
On the other hand, BJP leader Rajendra Rathore countered Gehlot’s claims, affirming that the BJP government was fully committed to ensuring justice for the brutal murder of Kanhaiya Lal.
“Our government is dedicated to ensuring the culprits behind the murder are punished.”
– Rathore said, emphasizing that the party would not allow politics to interfere with the judicial process and that the guilty would be brought to justice.
Background of the Kanhaiya Lal Murder Case
Kanhaiya Lal, a tailor based in Udaipur, was brutally murdered in June 2022, in an attack that sent shockwaves across the nation. The horrific incident occurred in the busy Hathipole area of Udaipur when two men, Mohammad Riyaz and Mohammad Gause, attacked Kanhaiya Lal in his shop with cleavers. The attackers later posted videos of the act, claiming that they had killed Lal because of his alleged support for a social media post deemed disrespectful to Islam.
The murder, which was carried out in broad daylight, created an atmosphere of tension and unrest in Udaipur and beyond. Many viewed it as a targeted attack motivated by religious hatred. The National Investigation Agency (NIA) was called in to investigate the case due to its sensitive nature and implications for national security.
Charges Framed Against 11 Accused
The NIA has charged 11 individuals in connection with the murder under multiple sections of the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act (UAPA).
The charges include:
- Section 302 (Murder): for the brutal killing of Kanhaiya Lal.
- Section 452 (House-trespass after preparation for hurt, assault, or wrongful restraint): for entering Lal’s shop with the intent to commit the crime.
- Section 153-A (Promoting enmity between different groups on grounds of religion): for promoting religious animosity through the act.
- Section 295-A (Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs): for committing an act intended to stir religious hatred.
- Section 120-B (Criminal conspiracy): for conspiring to murder Kanhaiya Lal.
- Unlawful Activities (Prevention) Act (UAPA): for activities linked to terrorism and violence.
Former Rajasthan Chief Minister Ashok Gehlot’s Response to the Court Decision
Former Rajasthan Chief Minister Ashok Gehlot took to social media platform X to express his concerns. In a Hindi post, Gehlot criticized the handling of the case by both the central and state governments.
“Today, the high court granted bail to an accused in the Kanhaiya Lal murder case. The BJP leveraged the Udaipur murder case for electoral gain, but the NIA under the BJP-led central government showed little interest in ensuring the culprits were punished.”
-Gehlot wrote.
Gehlot highlighted that the National Investigation Agency (NIA) took over the case in June 2022. Despite the passage of two and a half years, he alleged that the culprits had yet to be punished. The Congress leader also criticized the BJP government for failing to apply pressure for a swift resolution.
“The state BJP government also failed to apply pressure for their swift punishment.”
– he said.
The former chief minister further accused Prime Minister Narendra Modi and Union Home Minister Amit Shah of exploiting the incident for political gain during the election campaign.
Gehlot also defended his own government’s actions, stating-
“My government gave Rs 50 lakh as compensation to the victim’s family.”
He added-
“But the BJP spread misinformation and exploited the situation by falsely claiming that the victim’s family received a compensation of Rs 5 lakh.”
In a poignant remark, Gehlot questioned the BJP’s commitment to justice.
“The people of Rajasthan and the victim’s family are questioning whether the BJP will merely exploit this incident for political gain or also strive to deliver justice.”
-he stated.
He also reminded the public that the two main accused in the murder were reportedly BJP workers, adding-
“The people have not forgotten that the two main accused in this murder case were BJP workers.”
The BJP was quick to respond to Gehlot’s accusations. BJP leader Rajendra Rathore countered Gehlot’s statements by bringing up a historical grievance.
“Ashok Gehlot, the BJP government is committed to punishing the culprits of the Kanhaiya Lal murder case. However, you seem to forget that during the previous Congress government, 71 innocent people died in the Jaipur serial bomb blast, yet the terrorists were acquitted due to poor prosecution. Who was responsible for that?”
-Rathore challenged.