On Thursday, the Supreme Court sent a notice to the Yogi Adityanath-led Uttar Pradesh government on a plea filed by an accused in the murder case of Hindu Samaj Party leader Kamlesh Tiwari which sought transfer of the trial from Lucknow to Delhi. The petition contended that the accused Ashfaq Hussain feared a threat to life in the state. Advocate Mohammad Pracha, appearing for the accused, also suggested that he might not get a fair trial in the state. Last year in December, the Uttar Pradesh Police had filed a chargesheet against 13 accused in connection with the murder case.
The three-judge bench headed by Chief Justice of India (CJI) Sharad Arvind Bobde along with Justices BR Gavai and Surya Kant, issued notice to the Uttar Pradesh government, seeking a detailed a reply in the matter.
The two people who accused of killing Kamlesh Tiwari are 34-year-old Ashfaq Hussain, Jakir Hussain Shaikh and 27-year-old Moinuddin Khurshid Pathan. They were arrested by the Anti-Terrorism Squad (ATS) from the Gujarat-Rajasthan border back in December. Six people have been arrested in this case till now, it includes, the aforementioned three people along with Rashid Pathan, Faizan Sheikh and Maulana Mohsin Sheikh. The Uttar Pradesh Chief Minister Yogi Adityanath had sanctioned a financial help of Rs 15 lakh and a house to the wife of Kamlesh Tiwari.
Kamlesh Tiwari was shot in the Naka area of Lucknow on October 18. Tiwari was formerly a leader of the Hindu Mahasabha. Though he was immediately rushed to a hospital, he succumbed to his injuries shortly. While the assailant managed to flee the spot, a revolver was also recovered from the site of the crime. The police indicated that the accused spent around 30 minutes with him on the pretext of gifting him, sweets. As per the post-mortem reports, Tiwari was stabbed 15 times and he was shot once in his head. Furthermore, two deep cuts were found on his neck.