Junaid Khan Lynching Case: Punjab & Haryana HC Division Bench Stays Trial

The Punjab and Haryana High Court, on Tuesday, directed the Trial Court to adjourn the case concerning the brutal lynching 16-year-old boy, Junaid Khan, in June this year.

The Bench comprising Justice Mahesh Grover and Justice Raj Shekhar Attri also issued notice to the State and fixed 11 January as the next date of hearing.

The Court is hearing an Appeal challenging an order passed by a single Judge who had dismissed a Petition filed by Junaid Khan's father, Jalaluddin, seeking a probe by the Central Bureau of Investigation (CBI) in the case.

Mr. Jalaluddin had 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. Besides, he had also alleged flaws in the investigating procedures adopted by the State Police.

Justice Rajan Gupta had, however, noted that the Trial Court is not delaying the matter and is proceeding with the trial promptly. The Court had then observed, "It is evident that allegations/counter-allegations have been leveled in the affidavits filed by the complainant’s side and the State. However, this court does not intend to express any opinion or delve deeper into the issue. Trial of the case is at crucial stage and important prosecution witnesses have to depose, some of whom may be injured and/or eye witnesses. It is, thus, necessary to ensure that trial proceeds in the right earnest and evidence is led promptly to ensure that it culminates. This court has no doubt that trial court would have enough expertise to swift the grain from the chaff and arrive at a fair conclusion."

It had, thereafter, opined that allegations of subversion of trial against the present investigating machinery "lack substance" and had dismissed the Petition.