Khan, the legislator from Ferozepur Jhirka, was arrested from Rajasthan and brought to Nuh, a day after the Haryana government told the Punjab and Haryana High Court that he had been named as an accused in an FIR linked to the violence.
Following his arrest, Khan was produced in the court of Chief Judicial Magistrate Joginder Singh, where police sought seven-day custody to question him about his alleged role in the violence, and on his connection with the families of Rajasthan residents Junaid and Nasir, who were killed in February on suspicion of cattle smuggling by cow vigilantes.
The court remanded Khan in two-day police custody.
The police application seeking Khan’s custody stated: “On July 31, during the procession in Nuh, 60 FIRs were filed in connection with the violence. These incidents included a significant number of injuries, vehicle arson, shop arson, murder, and attempted murder. Khan is believed to be the main conspirator behind these incidents.”
The FIR against Khan is based on a complaint by Madan, a Nagina resident who stated that a mob attacked his shop on July 31. “They were shouting that these were the shops of Hindus, burn them. I quickly locked my shop and left. Around 5 pm, I was informed that some people had broken into my shop, looted and burnt it. I can recognise some of the accused… This resulted in a loss of Rs 3 lakh. They burnt my shop to disrupt the communal harmony,” his complaint reads.
The counsel appearing for Khan, Tahir Hussain, said that charges, especially of dacoity and loot, cannot be applied to his case considering nothing has been recovered from his possession and he is an MLA known by everyone. “If he were part of the mob, as alleged, anyone would have recognised him, including the victims. There is no mention of his name in these complaints. Moreover, he has submitted his phones and if there were any conspiracy, it would be found by police. Police have said the remand is to question him and unearth evidence. There is no evidence, as is visible from the remand application. This is harassment and politically motivated,” he said.
Sources said Khan was produced in a Nuh court instead of Ferozepur Jhirka, his constituency, keeping security concerns in mind. There was heavy police presence on the road leading up to the court, with police letting only advocates in. In the town, most shops were shut.
Speaking in Nuh, Superintendent of Police Narendra Bijarniya said, “There were several accused arrested in a case pertaining to violence in Nuh. Interrogation of these accused and technical analysis of call details revealed Khan was also present at the spot, where violence took place a few hours later. There is ample evidence that suggests his involvement, even in the conspiracy behind the violence. He has been arrested and will be questioned thoroughly.”
“There isn’t anybody big or small. Whoever has committed a crime shall be dealt with as per the law. Our investigation is going on. So far, 60 FIRs have been registered in which 330 accused have already been arrested,” he said. “There were several boys who were connected with each other on social media and were also in touch with Khan. They were involved in the violence. Several of them have been arrested.”
Apprehending arrest, Khan had approached the High Court seeking protection against any coercive action against him.
On September 14, his petition came up for hearing in which Haryana’s Additional Advocate General Deepak Sabharwal informed the court: “In FIR number 149 dated August 1… there are 52 accused persons out of which 42 have been arrested. One Taufiq, who is also an accused in the FIR, was arrested on August 9 and he named Khan as one of the accused in this case. Thereafter, due investigation was conducted and call details from the mobile phones and tower location of Taufiq and Khan were examined, and it was found that calls were exchanged on July 29 and 30 – one day before July 31 when the Nuh violence took place. As per the tower location, Khan was within an area of 1.5 km from the place of occurrence on July 29 and 30, and thus, the averments to the effect that he was not close to the place of the occurrence in the petition is not correct.”
Police have also recorded the statements of two constables, who claim to have corroborated Khan’s presence at the spot where violence took place later.
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Meanwhile, anticipating tension in the district, Haryana’s Additional Chief Secretary (Home) TVSN Prasad ordered suspension of internet services in Nuh till the midnight of September 16. Section 144 of the CrPC was also imposed, and additional police forces were brought in from neighbouring districts. Personnel of the Rapid Action Force were also deployed.
On July 31, tensions flared in Nuh during a procession led by the Vishva Hindu Parishad, leading to clashes that left six dead.
Haryana Chief Minister Manohar Lal Khattar and Home Minister Anil Vij have blamed Congress for orchestrating the violence. On August 29, Vij had claimed, “Wherever Mamman Khan went on July 28, 29 and 30, violence took place at all such spots on July 31.”
