20 सेकेंड में गला काटा, सजा में लगेंगे 20 साल!: इकलौता हत्याकांड, जिसके करोड़ों गवाह; पर 1 साल बाद भी तय नहीं- कन्हैयालाल के हत्यारे कौन? …पार्ट 5

Udaipur’s Taliban massacre will probably be the only case of Rajasthan, which has crores of witnesses. Within hours of the heinous massacre, its gruesome video had reached crores of mobiles. Anyone who has seen the video knows – when, by whom, why and how he was killed?

But in spite of this, even after one year has passed, Kanhaiyalal’s killers have not been punished, let alone the main trial. Despite being innocent, Kanhaiyalal’s family is living a life like hell.

The eyewitness prince’s family was devastated. But after the murder of Kanhaiyalal, 11 accused, including the murderers Gaus Mohammad and Riyaz, who were seen waving arms on social media, have not been punished yet.

There is only one question in the mind of every Udaipur resident, every Rajasthani and every Indian – when will the killers who carried out this heinous massacre in less than 20 seconds be punished?

When will Kanhaiyalal get justice? Justice in whose hope a son of Kanhaiyalal is roaming barefoot for the last one year. Justice for which Kanhaiyalal’s bones are waiting.

To know the answer to this question, Bhaskar spoke to experts related to the law. Read the full report…

First know where the matter has reached

On June 28, Kanhaiyalal Sahu’s Ghaus Mohammad and Riyaz beheaded Kanhaiyalal Sahu with a sharp weapon for supporting BJP leader Nupur Sharma on social media in Maldas Street area of ​​Udaipur.

After the incident, on June 29, the Rajasthan Police registered an FIR. Due to terrorist connection, the investigation of the case was handed over to NIA.

On December 12, 2022, 177 days after the incident, the NIA made 11 accused and presented the charge sheet against them in the court. At present, the charge frame debate is going on in the NIA court on the Kanhaiyalal murder case.

what is charge frame

The charge frame debate is going on in the court regarding the allegations (sections) made in this charge sheet. In this, advocate TP Sharma, appointed by the NIA, will advocate for the sections imposed on the accused.

During this, whatever the defense counsel of all the accused finds unfair, they will oppose those sections.

After the arguments are over, the court will frame the charge and the accused will be heard along with the charges against them.

This is called completion of charge frame argument. After this the main trial starts. In simple words, it has not yet been decided in the court that who killed Kanhaiyalal?

On the left is the picture of Kanhaiyalal with his wife in hand. Eyewitness Rajkumar and his wife on the right.

Reason for delay: The lawyer was not available before

The incident is about to complete one year, only 20 appearances have taken place in the NIA court. The reason for this is that no lawyer was found to fight the case of Gaus and Riyaz for 10 months.

Significantly, the lawyers had opposed this massacre and had decided that they would not fight the case of Gaus and Riyaz.

The court asked Gaus and Riyaz on almost every muscle, if you have a lawyer, then tell me. Do you need a government lawyer?

But every time Gaus and Riyaz told the court that – we are trying, yet the lawyer has not been found. But we will get our own lawyer to represent us.

After this, the court had asked in the hearing before April whether any lawyer was prepared due to your efforts? Gaus-Riyaz said that no lawyer has been found yet, perhaps the lawyer will not be able to get through our efforts.

After this the court did not wait. In April, the court wrote to Legal Aid to provide lawyers to Gaus and Riyaz.

After the letter from the court, wrote a letter to the Legal Services Authority to provide legal aid to both the accused. After this, the authority provided a lawyer in May to represent both of them, who had appeared in the court on the last appearance.

These accused are in Ajmer High Security Jail

These two accused of Pakistan are also involved

10. Salman (Karachi, Pakistan)

11. Abu Ibrahim (Karachi Pakistan)

It is not easy to bring the murderers to justice.

more than 300 witnesses

After the commencement of the main trial, the counsel appointed by the NIA will start presenting their witnesses. The defense counsel will cross-examine the witnesses.

Then, the defense side will also start presenting their witnesses and the NIA counsel will cross-examine their witnesses. According to experts, the more witnesses there are, the longer the process takes.

NIA has made 166 people witnesses in this case in the court. After this there are 9 accused of conspiracy to murder including the main accused.

Their lawyers will also present their witnesses. The number of witnesses for the defense counsel would also be more than 100. In such a situation, there can be testimony of about 300 witnesses in this case.

3 years will pass in testimony

There are many difficulties in the presence of witnesses in the court. Many witnesses do not come to the court, after which the court issues notice to them. Even after this, if he does not come, he sends summons.

Police gets the summons served. Even if the court works very fast, the process of summoning the witnesses itself will take more than 3 years because of the large number of witnesses.

Two Pakistani accused, for whom rounds of letters will go on

There are a total of 11 accused in the Udaipur murder case. 9 accused involved in the conspiracy including Gaus, Riyaz are lodged in Ajmer’s high security jail. All are being kept in separate barracks.

All of them are being kept in judicial custody. Whereas 2 accused are Pakistani. Their names are Salman (Karachi, Pakistan) and Abu Ibrahim (Karachi Pakistan). Both of them are accused of inciting Gaus and Riyaz and conspiracy to kill Kanhaiya Lal.

It is not easy to detain the accused sitting in Pakistan. It is an international matter. In such a situation, there will have to be intervention at the level of the Central Home Department.

Letters will go on between India and Pakistan regarding his arrest. In this case, it will take maximum time to reach these two accused.

Although the NIA has the power to investigate outside the country as well. If needed, NIA can also go to Pakistan, Nepal or other Arab countries for investigation.

Punishment can take 20 years!

Experts say that it may take 20 years for the killers of Kanhaiyalal Lal to be punished. It can be understood in this way that let’s assume that the NIA court sentences the murderers to death.

That decision can be challenged in the High Court. If the High Court also upholds the decision of the NIA, then the accused can approach the Supreme Court.

If the Supreme Court also upholds the decision of the High Court, then the President also has a provision to file a mercy petition. Experts say that this process can take up to 20 years.

justice in america in 3 years

Global law expert Samarth Kumar told that India’s trial system is very long. The average trial time in the lower courts here is 2 to 5 years, whereas it is not so in other countries. On the other hand, in India, after this, the average trial time of appeal and higher courts is about 15-30 years.

He told that the average trial time in lower courts in America is only 6 months. At the same time, in the next 9 months to 36 months after the incident, the final judgment comes from all the High Courts.

Advocate Ajay Kumar Jain told that during the British period, in the year 1860, the Indian Penal Code (Indian Penal Code) created by Lord Thomas Babington Macaulay was implemented in the country.

It is very old, although it has been amended from time to time. The punishment for crimes in our country is very less as compared to the Federal Penal Code of America.

NIA’s success rate is more than 90 percent

Just like America has FBI, similarly India has NIA. NIA can go and investigate not only in India, but in any corner of the world. Whenever the Government of India has handed over any investigation to the NIA, the success rate has been more than 90 percent.

NIA deals with crimes related to terrorism, cyber terrorism, waging war against the country, nuclear bases.

This organization can register cases by taking cognizance of terrorist activities in any part of India. The NIA does not need the permission of the state government to enter any state, investigate and arrest people.

There is also the right to investigate outside the country. If the trial is going on in the NIA court, then the accused can be prevented from appearing in any other court, in any other case.

NIA is not only the Investigation Agency but also the Prosecution Agency. If the court is looking to grant bail to someone on the basis of weak evidence, the NIA can provide evidence or other information in a sealed cover. It is not even necessary to mention what is given in the sealed cover and immediately the bail is canceled by the court.

Received praise, but government forgot government job and reward

After beheading Kanhaiyalal, when Gaus and Riyaz were running away from the bike, Shyam Singh Rathore and Prahlad Singh Rathore, Rajsamand district residence, were caught risking their lives.

Shyam and Prahlad chased him continuously for 50 kilometers by running the bike and informed the police on the moving bike itself.

After this, after reaching the location told by Shyam Singh and Prahlad, the police hit Gaus and Riyaz with their jeep and made them fall. With the help of both the brave youths, the police overpowered the accused.

Assured to get government job and gun license from the government. Today this incident has completed almost 1 year.

Shyam and Prahlad tell Bhaskar that till now they have not received any help from the government, let alone an arms license for protection.

Leader of the Opposition in the Assembly Rajendra Rathod and Rajsamand MP Diya Kumari have also raised the issue that the brave men who risked their lives to help the police catch the killers of Kanhaiyalal have been forgotten.

Read in the next installment of the series: How the Taliban massacre will make and worsen the equation in the assembly elections

Readers have liked the first 4 news of the series of Taliban massacre that shook the country and the world, you can also read it here…

Part-1: Kanhaiyalal murder case will be seen in Udaipur Files film: Relatives stopped coming home, family in fear, mother trembles if sons are late in coming (click to read full story)

Part-2: Where Kanhaiyalal’s throat was cut, the market there was ruined: customers stopped coming, traders vacated shops, people living in houses locked outside in fear (click to read full story)

Part-3: First interview of the family of Kanhaiyalal’s killers: Wife ran away, children not admitted to school, father taunted – he is going to be terrorist’s father (click to read full story)

Part-4: Kanhaiyalal’s throat is cut everyday in front of his eyes: the body became lifeless, the fear was such that the name was removed from the name plate; daughter is not able to marry (Click here to read full news)