Justice delayed and denied in Riyas case

Finally, the court acquitted the accused saying the prosecution failed to prove motive and pointed out lapses in the investigation.
 Riyas Maulavi
Riyas Maulavi

It has been seven years since Riyas Maulavi, a young madrassa teacher, was murdered in the communally-sensitive Kasaragod in Kerala. But justice continued to elude his family as a local court recently acquitted the three RSS workers arraigned as accused in the case. The much-delayed verdict amounts to injustice on two counts.

One, the question of who killed the 27-year-old remains unanswered and those behind it seem to have gotten away with murder. Two, the three accused—aged 19, 20 and 25 at the time of their arrest—if indeed not guilty, have been made to spend seven years in jail for no reason. The case points to either a shoddy investigation or the prosecution’s failure to convince the court of the culpability of the accused with the available evidence.

Riyas was killed on the night of March 20, 2017 in his room attached to the mosque where he taught. He was stabbed 14 times and left to die. With the incident assuming communal and political overtones, the police were under immense pressure to crack the case. The three suspects were apprehended within three days and the charges filed within 90 days. However, the trial took long and the case came up before eight judges.

Finally, the court acquitted the accused saying the prosecution failed to prove motive and pointed out lapses in the investigation. The police theory was that the accused nurtured hatred towards Muslims and committed the crime with the sole intention of disturbing communal harmony, which, the court said, the prosecution failed to prove.

On its part, the state government has filed an appeal against the acquittal before the Kerala High Court, submitting that conclusive evidence, including scientific proof, was discarded by the trial court. The verdict indicates that the investigation, probably conducted in a hurry due to political pressure, may have been botched. If that is indeed the case, an appeal in a higher court may not lead to the conviction of the accused.

The government must review the case, conduct a reinvestigation if necessary, plug the loopholes, and proceed with the intention of punishing those responsible. Going for a hurried appeal to score a political point in the election season may not serve the purpose, or may even prove to be counter-productive. What is important is delivering justice for the family of Riyas.

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