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Ballabhgarh lynching: Was the Haryana AAG helping the accused's lawyer?
30 Oct 2017
The judge in the Ballabhgarh lynching case has accused a government lawyer of helping the accused who allegedly murdered Junaid Khan.
For this, Judge YS Rathore has called for action against Additional Advocate General Naveen Kaushik.
AG Baldev Mahajan says AAGs can conduct private practice "except when the government is a party".
This case is being heard as State of Haryana Vs Naresh Kumar.
When a 15-year-old was lynched due to beef rumors
Murder
On June 22, Junaid and his three cousins were returning home after Eid shopping in Delhi. On the train back, a scuffle broke out with co-passengers. Junaid was stabbed to death; the other boys sustained injuries.
Initial reports said the clash erupted over rumors that they were carrying beef. However, it later emerged there was an argument over seats.
The accused men included two government officials
Fact
In the aftermath, police arrested four people for the crime: two were government employees and the other two worked in a private company. They were booked for murder, wrongful confinement and more. Weeks later, Naresh Kumar, the one who actually stabbed Junaid, was nabbed.
The judge notes the AAG's 'unethical' behavior might create insecurity
Interference
According to Judge Rathore, AAG Kaushik was helping Kumar's counsel by "suggesting questions to be put to the witnesses".
If Kaushik appears with the defense counsel, "it willcreate a feeling of insecurity amongst the victim party", Rathore submitted, observing it communal slurs has been made against the victims.
Relevant authorities should be informed so they take necessary action against him, Rathore said.
Junaid's family alleges witness statements deliberately manipulated
Fact
"It is the grievance of the petitioner that the statements of witnesses have been deliberately distorted to introduce discrepancies and contradictions, with the calculated interest of benefiting the accused," the counsel of Junaid's father Jalaluddin's said, alleging an attacker had even been made a witness.
Kaushik admits interacting with accused's counsel, but on different matters
Defense
Kaushik has denied the allegations and claimed he was interacting with the accused's counsel as the latter wanted evidence to be recorded in Hindi; Kaushik was reportedly trying to help him in the matter.
Rathore's order also observed that "on being confronted, Naveen Kaushik had left the courtroom".
Incidentally, Kaushik was seen at the hearing when Jalaluddin sought transfer of probe to CBI.
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