Sukanya Shantha 
Mumbai: A day after the cow vigilantes, who had mercilessly assaulted an old Muslim man on a train but were released on bail in less than 24 hours, a magistrate’s court has ordered cancellation of their bail order.
The decision came after pressure was built on the Thane Railway police to enhance the changes. Even when the 72-year-old man was badly beaten up and videos of the attack had gone viral on social media, the police had only charged the accused with bailable sections.
On August 30, Ashraf Ali Sayyed Hussain was traveling from Jalgaon to Kalyan when he was attacked by a group of men – all in their 20s. Hussain was carrying buffalo meat in two plastic containers. Upon discovering this, the men assaulted him and even threatened to throw him out of the moving train.
While consumption of cow and bullock meat is banned in Maharashtra, buffalo meat is still legal. Regardless of its legality, it is only the law enforcement department that can look into these cases. But Hindu men, suddenly transforming themselves into a cow vigilante group and assaulting Muslim men has become a rampant crime across the country.
The blows sustained by the elderly man could have been fatal. However, the police sanitised the complaint and focused solely on minor charges, all of which are triable before a magistrate’s court.
As the videos of the assault, which was first made public by the accused themselves, went viral, many leaders from the opposition demanding quick action. MLA Jitendra Awhad from the Nationalist Congress Party (Sharad Pawar faction) visited the Thane Railway police and demanded the serious charges of communal disharmony and assault be applied – both missing from the original FIR – be applied too against the accused persons.
Activists belonging to the Social Democratic Party of India (SDPI), who were aiding Hussain in his legal fight since the day of the attack, have also been making this demand. Ahwad has accused the police of trying to water down the case and for deliberately going easy on the accused, even when clear video evidence was available against them.
The investigating officer in the case, Archana Dusane, finally moved an application before the court seeking addition of new charges – section 302 (uttering words with deliberate intent to wound religious feelings of another person) and 311 (deals with robbery or dacoity with an attempt to cause grievous hurt or death) of the Bharatiya Nyaya Sanhita (BNS). Section 311 is a nonbailable section and is triable before a sessions court.
Judicial Magistrate V P Shinde ordered cancellation of bail of the three men – Akash Ahwad, Nilesh Ahire, and Jayesh Mohite.
“Considering the submissions of investigating officer and change in circumstances, presence of accused no. 1 to 3 is very much necessary for further investigation,” the magistrate said.
The FIR mentions several unknown persons were involved in the assault but so far, the police have arrested only here. These three men, all from Dhule district, were on their way to Mumbai to appear for police exam.