Mumbai, Oct 6 A special NIA court here on Tuesday refused to discharge a key accused in the 2022 murder of Amravati-based pharmacist Umesh Kolhe, noting that there is "more than prima facie sufficient material" to proceed with the trial.
Kolhe, who had shared social media posts backing suspended BJP leader Nupur Sharma over the latter's alleged objectionable comments about Prophet Mohammad, was killed in Amaravati, about 650 kilometres from Mumbai, in June 2022.
A total of eleven accused, including Atib Rashid, have been arrested and booked under the relevant provisions of the Indian Penal Code (IPC) for murder and the Unlawful Activities (Prevention) Act (UAPA).
"Each and every accused in this case, including the present one (Atib Rashid), was commonly and voluntarily pursuing the same end. There appears to be unity of minds in the object to be achieved," said Special Sessions Judge Chakor S Baviskar.
The order noted that "there was only one goal to be achieved and it was to commit murder of the victim Umesh Kolhe, by using lethal weapons especially to strike terror in specific sections of people."
"The criminal conspiracy to commit all the alleged offences in this case and their actual commission appears to have spread writ large throughout the material produced along with the charge-sheet. It is sufficient to frame the charge," the court said, while rejecting Rashid's plea.
Seeking discharge from the case, Rashid's lawyer argued that he was falsely implicated and that there was no direct evidence or circumstantial chain linking him to the murder.
The defence further contended that the invocation of the Unlawful Activities (Prevention) Act (UAPA) was untenable as Rashid was not a member of any banned terrorist organisation.
Rejecting these arguments, the court clarified that Section 15 of the UAPA does not mandate that a terrorist act must be committed by a banned organisation.
The NIA had opposed Rashid's plea, stating that he was one of the main conspirators who provoked co-accused to execute the murder.
According to the investigating agency, Rashid allegedly drove the motorcycle carrying co-accused Mohammad Shoaib and Shahim Ahemad as pillion riders to the spot where they attacked Kolhe.
Shortly after the murder, Rashid sent a message to co-accused Irfan stating, "Us gustakh Amit Medical wale ko chaku se maar diya" (that sinner Amit Medical owner was killed with a knife)," the prosecution said.
The NIA alleged that Rashid subsequently deleted data from mobile phones used by him and the co-assailants to evade detection.
The court noted that the prosecution has presented voluminous electronic and oral evidence against Rashid.
Call Detail Records (CDRs) showed hundreds of phone calls exchanged between Rashid and the actual assailants immediately before and after the killing. Furthermore, CCTV footage captured Rashid's presence in the vicinity of the crime scene.
Considering all these aspects, the court rejected his plea, ruling that "there is more than prima facie sufficient material available on record".
