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The vacation bench headed by Chief Justice Ranjan Gogoi however gave liberty to the Petitioners to bring the new 164 statements to the attention of the concerned Trial Court. On 15.05.2019 the statements of two brothers Qasim Qureshi, who was killed in Hapur lynching. A bench of Chief Justice Gogoi and Justices Deepak Gupta and Sanjiv Khanna asked the state government to submit its status report on the investigation and trial in the case. Advocate Vrinda Grover appearing for the petitioners in both petitions submitted that despite the investigation having been directed by the Court to be under the direct supervision of the IG (Meerut) Range, a perusal of the charge sheet filed by the police reflects that it does not invoke the provision of Section 149 IPC, Section 34 IPC or Section 120B IPC, and this loophole would make prosecution of the accused persons almost impossible.
The plea filed by Samiuddin had sought setting up of a Special Investigation Team (SIT) to ensure "an impartial, competent and fair investigation" into "the barbaric incident of mob lynching on June 18 last year in Hapur district of Uttar Pradesh.
The plea said that Samiuddin (the petitioner No. 1) and Qasim (deceased), both belonging to the minority community, were targeted and mercilessly assaulted by a mob of the majority community from the neighboring village, in the name of cow vigilantism.
The plea had sought "setting up a SIT comprising of police officers with impeccable career records of integrity and competence from outside the state of Uttar Pradesh, which shall be charged with the responsibilities and duties of investigation, in respect of all issues relating to the matters concerning and arising from the incident".
It sought a direction that the SIT "shall report to and be responsible to this court through the filing of periodic status reports and shall also keep this court informed of any major developments".
It said Yaseen and Dinesh Tomar, brother and a family friend, were subjected to "grave threat and coercion" by Circle Officer Pawan Kumar Singh of Pilkhuwa Police Station for lodging a false complaint of road rage instead of mob lynching.
It also sought cancellation of bail granted to the accused, including alleged key offender Yudhishthir Singh Sisodia.
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