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A heinous murder of a Muslim man named Afrazul Khan by a Hindu fanatic for his alleged involvement in Love Jihad has brought shock waves throughout the nation. The wife of the deceased has filed a petition before the Apex Court seeking the prevention of the spread of the myth of Love Jihad which is regressive and violates the fundamental rights of a particular minority community.
The Petitioner, named Gulbahar sought a SIT probe into the death of her husband Afrazul Khan who was hacked to death and burnt in Rajsamand in Rajasthan. Apart from demanding for an impartial probe into the mater by an unbiased investigative agency, she also emphasized that there is need to stop the spread of communal hate and divide which leads to the demonization of the ‘other’ i.e. a particular minority community. She further argued that it is the bounden duty of the government to put an end to such messages of hate and vitriol.
The petition also sought a probe into the exact cause of the murder, the motives behind the murder, the people behind the spread of such fictional rumors like “love Jihad” and that Muslim men are forcibly marrying Hindu women leading to the repression of the Muslim community.
The facts of the above case are that the husband of the petitioner was killed in broad daylight by one Shambu Lal Raigar. With the backdrop of the dead man lying in a massive pool of blood after the brutal murder, the accused then faced the camera and sent a message that such “love Jihads” wouldn’t be tolerated and the fate of all such Muslim Men who marry Hindu women in the name of love would be same.
The petitioner complained that the present investigation conducted by the state police is deficient in many respects and the police have not gone to the full extent of the ramifications of the murder. She claimed that the state police do not really have the jurisdiction to investigate into hate killings and spread of disharmony among the communities under section 153A of the IPC and so, the full extent of the crime must be probed into by an independent agency. She claimed that the murder infringed on the basic fundamental right to live freely and securely and not be threatened on the basis of one’s identity. The failure to investigate also denies him the right to fair investigation and violates the principles of natural justice.
She also laid stress on the crime of hate speech and demanded the removal of videos from online sites as such videos spread the message of hate and communal disharmony and claimed the right to be protected from hate speech is a fundamental right under article 21 of the constitution.
The petitioner asked for a free and safe atmosphere for the investigation and trial and appointment of a neutral Public Prosecutor uninvolved with the ruling party especially in light of the very violent and abusive protests by miscreants in support of the accused by hoisting up orange flags and climbing atop of the sessions court in Udaipur.
Finally, she also asked for a substantial amount of compensation by claiming that the Rs 2 Lakh given by West Bengal and Rs 3 lakh given by Rajasthan is not enough to feed her and her three girl children.
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