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Haryana Congress MLA Mamman Khan seeks formation of SIT to investigate Nuh violence, moves High Court

The petition by Mamman Khan argued that the government's actions had infringed upon principles of impartial investigation.

On Tuesday, 12th September 2023, Congress MLA from Ferozepur Jhirka, Mamman Khan, filed a plea in the Punjab and Haryana High Court seeking the formation of an SIT (Special Investigation Team) to investigate Nuh violence. Mamman Khan sought in his petition that all FIRs related to this case be entrusted to an SIT led by an officer of rank not lower than Inspector General. Additionally, he said in his petition that the SIT should be instructed not to disclose its investigative findings to any political party representatives due to the sensitive nature of the Nuh violence that took place on 30th July 2023.

The petition, represented by Advocate Arshdeep Singh Cheema and Ishan Khetarpal, also requested protection from arrest for Khan until the investigation concludes. It argued that the state government, having failed to contain the violence, is now trying to shift responsibility onto its political rivals by unjustly involving Khan in the case.

In his petition, Mamman Khan alleged, “It is common knowledge that after the unfortunate incident of violence of Nuh, the blame game started. In order to divert the attention of the people from the failure of the government to prevent the occurrence, the high functionaries of the State, including the Chief Minister and the Home Minister started blaming the opposition. Their statements started to appear in the newspapers blaming the MLAs of the Congress party for the occurrence.”

Mamman Khan’s counsels presented a comprehensive alibi for the MLA during the timeframe of the violence, emphasising his absence from the affected regions and his presence at his Gurugram residence. The petitioner also furnished evidence of his whereabouts, including CCTV footage and receipts.

The petition by Mamman Khan argued that the government’s actions had infringed upon principles of impartial investigation. It requested instructions to establish a high-level SIT, led by senior officers, to examine the violence-related cases. Additionally, it urged that the SIT conduct an autonomous and unbiased inquiry free from political influence. The petition also called for directions to prevent any coercive actions against the Congress MLA during the investigation. The high court is anticipated to schedule a hearing in the near future.

On 1st August 2023, an FIR was registered at the Nagina Police Station in the Nuh district, citing sections 148, 149, 153-A, 379-A, 436, and 506 of the Indian Penal Code (IPC) in connection with the incidents of violence in the region during the Jalabhishek Yatra. A notice was issued to Mamman Khan under Section 160 of the CrPC and was told to join the investigation and present himself at the Nagina police station. He failed to appear on two occasions during the last fortnight. Now, he has filed a petition in the high court to constitute an SIT to probe this matter.

Notably, Mamman Khan won the 2019 elections from the Ferozepur Jhirka seat with 57.62% votes defeating BJP candidate Nadeem Ahmed. Khan had lost his first election in 2014 as an independent against Nadeem Ahmed who fought on an INLD ticket.

On 31st July, a mob of hundreds of Muslim rioters attacked Hindu devotees participating in the Brijmandal Jalabhishek Yatra in Nuh, Mewat of Haryana. At least six people were killed as a result of the riots.

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