Junaid lynching: Punjab and Haryana HC dismisses father’s plea for CBI probe

On Monday a bench of the Punjab and Haryana High Court comprising of Justice Ranjan Gupta passed an order in the petition filed by Jalaluddin, the father of Junaid Khan the 16 year-old boy who was the fatal victim of a lynch mob while he was travelling on a train to Ballabhgarh with his brother and cousins. The petition sought an independent investigation by the Central Bureau of Investigation (CBI) into the issue. The single bench dismissed this plea of the petitioner on Monday.

On 22nd June, 2017, Junaid Khan and his brother Hasim, and cousins Moseem and Moeen, while returning from Sadar Bazaar to Ballabhgarh on a train were targeted for and at the receiving end of communal slurs which progressed to violence by a group of men on the train. As a consequence of the altercation, Junaid was stabbed and eventually died of the wounds. The case has been proceeding in the trial court of Faridabad.

The plea filed by Jalaluddin alleged that the investigating agency had failed to charge the accused under Sections 153A (promoting enmity on the basis of religion etc.), 153B (imputations, assertions prejudicial to national integration), 120B (criminal conspiracy) and 149 (unlawful assembly) of the Indian Penal Code. Petitioner counsel also alleged flaws in the investigating procedures adopted by the State Police. They had also previously demanded a stay on the trial in the Faridabad court.

 The matter came up before the High Court on November 17th where the bench reserved its order after conclusion of arguments of petitioner counsel Advocate Arshdeep Singh Cheema.

The grounds for dismissal of the plea was given to be that the counsel of petitioner was unable to indicate serious flaws in the investigation conducted by the police. The Court decided that the allegations of subversion of trial against the investigation agency lacked substance and the appeal was dismissed.