The apex court expresses concern over the failure to invoke appropriate legal sections in an alleged religiously motivated assault
NEW DELHI — The Supreme Court has expressed strong concern over the handling of a 2021 case in Noida involving alleged assault on a Muslim cleric, directing the Uttar Pradesh government to consider adding hate crime provisions to the case.
The incident dates back to June 2021, when Maulana Kazim Ahmad Sherwani alleged that he was assaulted while travelling from Noida to Aligarh after being offered a lift in a vehicle. He claimed that some individuals in the vehicle pulled his beard, removed his cap, and assaulted him during the journey.
According to the petition filed later, the complainant said he was initially denied proper registration of his complaint by police officials and that the case was not treated with seriousness due to its alleged communal nature.
A two-judge bench of the Supreme Court, comprising Justice Vikram Nath and Justice Sandeep Mehta, expressed dissatisfaction over the manner in which the investigation had progressed. On Tuesday, the court observed that, despite earlier directions, appropriate legal provisions relating to hate crime had not been applied.
During the hearing, the bench said it was necessary to examine why investigating authorities had not invoked relevant sections when the nature of the alleged offence appeared to involve religious targeting.
The court stated, “The investigating officer may be required to explain the failure in compliance with earlier directions.”
The Uttar Pradesh government, represented by Additional Solicitor General K M Nataraj, sought more time to comply with the court’s earlier order. Accepting the request, the bench granted two weeks’ time to the state to complete the necessary steps.
The court has listed the matter for further hearing on May 19.
In earlier proceedings in February, the Supreme Court had directed the state to consider adding hate crime provisions, noting that offences with possible religious motivation require careful legal classification.
The petitioner, Maulana Sherwani, had approached the Supreme Court in November 2021, alleging that police initially refused to register his complaint properly. He also sought compensation for victims of hate crimes and action against officers who failed to act appropriately.
In January 2023, police registered an FIR including charges related to criminal intimidation and causing injury, stating that the accused allegedly intended robbery. However, the complainant argued that the nature of the assault was being misrepresented and that the communal angle was being ignored.
The state government informed the court that disciplinary action had been initiated against officials for failing to register the complaint at the initial stage.
The case continues to be monitored by the Supreme Court, which has raised repeated concerns over whether proper legal provisions were applied in investigating the incident and whether the rights of the complainant were adequately protected.
