The family of a Muslim man, who was lynched by a Hindu mob in India’s Uttar Pradesh state in 2015, say they will continue fighting for justice after authorities recently moved to drop all charges against the accused.
Mohammad Akhlaq, then 50, was beaten to death after rumours spread that he had stored and consumed beef, a claim his family continues to deny.
Slaughter of cows is a sensitive issue in India as the animal is considered sacred by Hindus, who comprise 80% of the country’s 1.2 billion people. Uttar Pradesh is among the 20 states of states with strict laws banning cow slaughter and the sale and consumption of beef.
The incident, which took place in Dadri – 49km (31 miles) from capital Delhi – was the first major and widely reported case of cow-related violence in India and had sparked widespread protests.
Akhlaq’s family’s lawyer told BBC Hindi that 18 people were charged for various offences, including murder and rioting. All of them are out on bail.
Now the Bharatiya Janata Party (BJP)-led state government of Uttar Pradesh has moved a local court, asking it to drop the charges against the men.
In an application filed last month, the public prosecutor argued there were “inconsistencies” in the witness testimonies in identifying the accused and asked the court to close the case.
The court is expected to decide on whether it would accept the application on 12 December.
The news has shocked Akhlaq’s family, who say they are prepared to challenge the government’s plea.
“We never thought that our fight of 10 years would be attempted to be closed off like this,” his younger brother Jaan Mohammad told BBC Hindi.
The family left the village shortly after the killing and has not returned.
“Now, we are scared for our safety even more,” Mr Mohammad said. “Will this [move to withdraw the case] not embolden the criminals?”
Mr Mohammad says he will never forget the night his brother was murdered.
Akhlaq had been sleeping with his 22-year-old son Danish on 28 September 2015, when a mob wielding sticks, swords and cheap pistols barged into their home, accusing the family of having slaughtered a cow and consuming it.
The family said it later found out that the mob attacked him after an announcement was made from a Hindu temple that someone had slaughtered and eaten a cow.
The accused men found some meat in the fridge that the family insists was mutton, and held it as proof. While Akhlaq died on the spot, his son was seriously injured in the attack.
The case sparked widespread outrage. Although initial arrests came within a week, the chargesheet took three months to file.
Many also criticised Prime Minister Narendra Modi for speaking about the incident days after Akhlaq’s death, while some BJP members, then in power at the federal level, were accused of defending the attackers.
One party leader had described the lynching as an “accident”, while another said consuming beef was unacceptable.
The police, in its first chargesheet, named 15 main accused, including a juvenile and a local BJP leader’s son, along with 25 witnesses. Four more accused were later added, bringing the total to 19; one died in 2016.
Last month, the Uttar Pradesh government argued that witnesses, including Akhlaq’s family, had given conflicting statements during the investigation.
It noted that Akhlaq’s wife initially named 10 people in her complaint, while his daughter Shaista cited 16, and his son Danish 19.
“Despite both the parties living in the same village, the witnesses have changed the number of accused,” the application says.
Mohammad Yusuf Saifi, Akhlaq’s family lawyer, said the “chaos and confusion” at the time of the incident made it understandable that not every witness saw all involved.
“The only thing to see is whether there is any evidence against the people who have been named,” he said.
The application also noted that police seized five sticks, iron rods, and bricks from the accused, but found no firearms or swords, contrary to what Akhlaq’s wife had stated in her complaint.
It further stated that officials had recovered cow meat from the spot. In 2016, a case was filed against Akhlaq’s family under the cow slaughter law – and is still pending before a court in Uttar Pradesh.
The family has however has repeatedly denied the allegation.
Mr Saifi, alleged the case was meant to “pressurise” the family, noting that a local veterinary report identified the meat as goat, not cow.
As the family anxiously waits for the court’s verdict, they are holding out hope.
“I still have faith in the court,” Akhlaq’s brother, Mr Mohammad, said. “I believe justice would be done one day.”
