How Mumbai court drew on soccer to junk accused’s plea in murder of chemist who backed Nupur Sharma

Amravati-based chemist Umesh Kolhe, who was killed in June 2022 | Photo: ANI

New Delhi: Likening the Umesh Kolhe murder conspiracy to a game of soccer, where each player on the squad has a role to play, and the “one who gives the right pass at the right time” is a key player, a Mumbai court last week rejected the bail plea of an accused, holding that his “prima facie involvement was established”.

Kolhe, a 54-year-old chemist who lived in Maharashtra’s Amravati city, was murdered in June 2022, allegedly for sharing a message supportive of now-suspended BJP spokesperson Nupur Sharma on a local WhatsApp group. Sharma triggered a controversy with her comments on Prophet Mohammed, made during a television debate in May that year, which led to widespread protests, including violent ones in parts of the country.

Kolhe was allegedly killed by one Mohammed Shoeb, who allegedly stabbed him on the left side of his neck in Amravati on the night of 21 June, when he was returning home from his shop. A week later, a tailor in Rajasthan’s Udaipur, Kanhaiya Lal, was hacked to death by two Muslim men, allegedly to punish him for a social media post in favour of Nupur Sharma.

The Centre handed over both cases to the National Investigation Agency (NIA), which over the course of its probe charged 11 accused, including Shoeb, in the Amravati case.

In its judgment passed on 10 October, the Mumbai court noted that the act of recce of the victim and passing of accurate information to the perpetrators was attributed to the accused now pleading for bail, Abdul Taufeeque Shaikh.

“In the game of soccer, the player who ultimately kicks off the victory goal, no doubt plays an important role, however, at the same time, the role of all other team members who facilitated the making of the goal and ultimately the one who gives the right pass at the right time to the shooter is equally important,” said the court.

“As the role of each of the players in the team is recognised to be equally important, ultimately, the win or defeat is attributed to the team and not to a particular player,” it added.

The court observed that Shaikh had carried out a reconnaissance of Kolhe’s medical shop and passed on information, including on the day of Kolhe’s murder, to his gang members. This was done, it said, with knowledge that the gang had conspired to kill Kolhe.

“He astutely did it so as to achieve the fervently desired goal of all the accused. It cannot at all be said that his role is less important in the entire scenario. He was very well aware of what he was doing,” it remarked in the order.

‘Prima facie involvement established’

The court junked Shaikh’s argument that his mere presence around Kolhe’s shop and the spot of the murder did not make him part of the conspiracy, stating that since the accused was nowhere related to the medical field, he had no business to “constantly roam” around Kolhe’s shop and the actual spot of the murder.

“Prima facie, this act only proves that, this applicant/accused Abdul was constantly doing recce of the victim and also of the spot of the incident to facilitate the offences,” the court said.

It also mentioned the NIA’s allegations that the group of accused persons had formed a “terrorist gang”, with a conspiracy to kill Kolhe to strike terror in the minds of Amravati residents as well as other states. The agency also alleged that witnesses had revealed in their statements Shaikh’s role in the conspiracy.

“From statements of many witnesses recorded during investigation, it becomes clear that accused 1 to 11 all hatched criminal conspiracy to kill Umesh Kolhe, who had no property dispute, no history of fighting with the accused. The accused themselves formed a terrorist gang which was highly influenced by the ideology of religiously radicalised persons,” the court observed, citing the NIA’s submission.

“Thus, brutally committed murder of an innocent person, Umesh Kolhe, in public area, is not just an act of simple murder, but it is a terrorist act of well-planned criminal conspiracy to strike terror into the minds of a section of people in Amravati and other states of India. It actually disturbed public tranquility, routine, social and economic life, safety and security of common people and also threatened the unity, integrity, security and sovereignty of India,” said the court.

Taking into account the reply filed by the NIA, the court observed that the material available such as CCTV footage and call record details of Shaikh’s mobile phone corroborated the statements of witnesses that he was part of the conspiracy.

Additionally, the court noted that had Shaikh not passed on pinpointed information related to Kolhe’s movement from his shop, the act of murder would not have been possible.

The court junked the argument of Shaikh’s counsel that no overt act was attributed to him, saying that carrying out a recce of the victim and of the spot and relaying information to other co-accused were in themselves an overt act which was far more than required to establish “prima facie” involvement in the case.

The court further rejected the argument that it was Nupur Sharma and not Shaikh who had hurt religious feelings and hence the former had been suspended from her own party.

The court termed her suspension from the BJP immaterial for proceedings in the case.

“It is not at all the case of the prosecution that this applicant/accused Abdul or any other accused hurt religious feelings of any others. Rather, it is the case of the prosecution that, by the alleged controversial statement of Nupur Sharma during TV debate, feelings of believers of Islam were hurt. Her suspension from her party whether rightly or wrongly is all irrelevant for deciding this bail application,” the court said.

(Edited by Nida Fatima Siddiqui)