The court observed that the accused had "horrendously succeeded" in their goal to make Kolhe's death a symbol of intimidation.
Kolhe, 54, was murdered on June 21, 2022, allegedly for sharing a post on a WhatsApp group named “Black Freedom” supporting former BJP spokesperson Nupur Sharma, who had made controversial remarks about the Prophet. The court noted that the killing was not a spontaneous act but a premeditated plan to send a message of fear among those backing Sharma’s views.
According to the prosecution, Shakil Shaikh, a 29-year-old autorickshaw driver, played a crucial role in the criminal conspiracy by arranging a getaway vehicle for the assailants after the murder. The court classified the incident as a “terrorist act” under the Unlawful Activities (Prevention) Act (UAPA), stating that the intention behind the murder was to strike terror among the public, particularly those who supported Sharma.
Special Judge C.S. Baviskar observed, “True that, the accused did not use bombs or dynamites or any explosive substances, but they did use knives, which certainly come within the scope of ‘lethal weapons’ to cause death of Umesh Kolhe. Hence, the accused did commit a terrorist act within the meaning of the UAP Act.”
The judge emphasized the helplessness of the victim, who was attacked suddenly while riding his motorcycle, leaving him no chance to escape or defend himself. “He was attacked unexpectedly. He did not even get a chance to attempt to save himself… He was in an absolutely hapless and helpless state,” the order stated, underscoring that the attack was not a “flare-up in a wrecked moment” but a “determined wreak revenge” resulting from careful planning.
The Times of India reports that Shaikh’s defense argued that he was unaware of any murder plot and had merely transported the assailants as part of his daily work, without any malicious intent. However, the court dismissed this claim, remarking that a successful criminal conspiracy is like a chain that upholds a chandelier, with every participant playing a role in sustaining it. The court concluded that Shaikh failed to pass the ‘prima facie true’ test under the UAPA, and therefore, his bail plea was rightly rejected.
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