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UP Government Agrees to Add Hate Crime Charges in 2021 Assault on Muslim Man After Supreme Court Intervention

New Delhi: The Uttar Pradesh government has informed the Supreme Court that it will invoke hate crime provisions in the 2021 assault case of Kazeem Ahmad Sherwani. The decision comes nearly five years after Sherwani alleged that he was abused and humiliated over his Muslim identity in Noida.

Appearing before a bench of Justices Vikram Nath and Sandeep Mehta, Additional Solicitor General K.M. Nataraj said the state would apply Sections 153B and 295A of the Indian Penal Code. These sections relate to imputations prejudicial to national integration and deliberate acts intended to outrage religious feelings. He said the state would move the trial court within a week to add these charges.

Sherwani had alleged that on July 4, 2021, while travelling from Delhi to Aligarh, a group of men offered him a lift in Noida. He claimed they abused him and pulled his beard. He approached the Supreme Court in November 2021 after police allegedly failed to register his complaint.

In January 2023, police registered an FIR under provisions related to criminal intimidation and causing hurt. They stated that the accused intended to loot him. Sherwani also sought compensation and action against police officials who did not register his complaint earlier.

The court observed that sanction under Section 196 of the Code of Criminal Procedure is required for prosecution under Sections 153B and 295A. It clarified that the state must still register and investigate such cases.

The matter remains pending before the court.

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