As the first hearing in the 2015 Ikhlaq lynching case commenced on Tuesday, two weeks after a fast-track court (FTC) rejected the Uttar Pradesh government’s plea to withdraw the prosecution, proceedings were deferred after the complainant side failed to produce a witness. The court subsequently listed the matter for January 8.
“Today, a witness was scheduled to appear before the court, but Ikhlaq’s private counsel informed the court that due to health issues and a death in the family, the witness could not appear,” said Bhag Singh Bhati, the government counsel appearing on behalf of Ikhlaq’s family.
Advocate Andleeb Naqvi, also representing Ikhlaq’s family, told HT that the responsibility of pursuing the case rests largely with Ikhlaq’s elder son. “After the sudden demise of his brother-in-law due to a brain haemorrhage on Monday, he was unable to attend court,” Naqvi said.
Ikhlaq’s elder son is the only family member actively coordinating the legal proceedings. The absence of additional support has made it difficult to ensure the presence of witnesses. Whether members of Ikhlaq’s family themselves will depose before the court, and whether they will seek police protection, is expected to be decided at the next hearing.
The hearing follows significant developments in recent weeks after the state government, on September 12, moved an application seeking withdrawal of the case, citing “restoration of social harmony” as the reason. After hearings on December 12 and 18, the court, presided over by additional district judge Saurabh Dwivedi, rejected the withdrawal plea on December 23, terming the incident a “serious crime against society” and holding that no grounds existed under Section 321 of the Code of Criminal Procedure to justify withdrawal.
Ikhlaq, 55, was lynched by a mob in Bisada village on September 28, 2015, after rumours that his family had stored beef at home. His son Danish was injured while trying to save his father. The attack triggered nationwide outrage over rising intolerance, with writers, filmmakers and scientists returning state awards in protest.