Ajmer Sessions Court acquitted Khadim Gauhar Chishti and six others in connection to raising the ‘Sar Tan se Juda’ slogans against former BJP spokesperson Nupur Sharma outside the Ajmer Sharif Dargah

On 16th July, the Ajmer Sessions Court acquitted Khadim Gauhar Chishti and six others in connection to raising the ‘Sar Tan se Juda (STSJ)’ slogans against former BJP spokesperson Nupur Sharma outside the Ajmer Sharif Dargah. The court documents detail that on 17th June 2022, at around 3 PM at Nizam Gate, Gauhar Chishti and others, during a protest, started giving provocative speeches using a loudspeaker attached to a rickshaw in the presence of approximately 2,500-3,000 people. Despite police attempts to stop them, the slogans “Gustakh-e-Nabi ki ek saza, sar tan se juda” were raised.

Case Registration and Evidence:

A case was registered under Sections 117, 188, 504, 506, and 34 of the Indian Penal Code. Further investigation found links between Chishti and the murder of Kanhaiyalal in Udaipur, leading to the addition of Section 302. Chishti was arrested in Hyderabad after the incident, and his bail applications were rejected multiple times by the lower courts and the Rajasthan High Court due to his criminal history and the serious nature of the charges.

Court Judgments and Bail Pleas:

The defense argued there was no prima facie evidence against Chishti and claimed the remand report was falsely substantiated. They pointed out that co-accused Fakar Jamal and Moin Khan were granted bail by the Rajasthan High Court. The prosecution countered by emphasizing Chishti’s criminal history and the potential threat to law and order if he were released. The court consistently rejected Chishti’s bail pleas, citing his active involvement in inciting violence and the ongoing custodial investigation.

Rejections and Approvals of Bail:

• Chishti’s bail applications were rejected multiple times, including on 30th September 2022, 24th April 2023, and 4th August 2023, by the Rajasthan High Court, despite arguments citing changes in circumstances and family medical issues.
• Tazim Siddiqui was granted bail on 29th September 2022 by the Rajasthan High Court based on overall facts and circumstances, although the court did not comment on the merits of the case.
• The bail pleas of co-accused Faqar Jamal and Moin Khan were initially rejected by the Sessions Court but later granted by the Rajasthan High Court on 2nd September 2022.
• Riyaz Hassan Dal’s bail application was initially rejected by the Sessions Court but granted by the Rajasthan High Court on 7th November 2022, based on the overall facts and circumstances.

The court acquitted Gauhar Chishti and the others due to the lack of sufficient evidence directly linking them to the murders and the slogans’ incitement of violence, despite the serious charges and repeated bail rejections during the investigation process.