A special NIA court in Mumbai has rejected the discharge plea of Irfan Khan, who is accused of being the mastermind behind the 2022 murder of Amravati-based chemist Umesh Kolhe. The court observed that the crime was not an ordinary murder but was carried out with a deliberate intention to spread terror, particularly targeting a specific community, and therefore qualifies as a terrorist act under the Unlawful Activities (Prevention) Act (UAPA), along with relevant provisions of the Indian Penal Code.
In its order, Special Judge Chakor Baviskar stated that the evidence examined so far represents only a preliminary portion of the case, describing it as “the tip of an iceberg.” The court indicated that more substantial material is likely to emerge during the trial and expressed doubt that the accused would ultimately be acquitted based on the existing evidence.
The case stems from the killing of Umesh Kolhe on June 21, 2022. According to investigators, the murder was allegedly carried out in retaliation for Kolhe’s social media posts supporting former BJP spokesperson Nupur Sharma following her controversial remarks. While the case was initially registered as a murder, it was later handed over to the National Investigation Agency, which invoked UAPA provisions after identifying a broader conspiracy aimed at creating fear.
Rejecting the defence’s argument that the incident was a simple case of murder without any terror angle, the court held that the available material pointed to a clear intent to “strike terror in a section of people.” Witness statements reportedly included references to inflammatory remarks made during meetings, indicating a motive that extended beyond personal grievance.
The NIA has alleged that Irfan Khan played a central role in planning the attack, including organising meetings, mobilising individuals, and providing logistical as well as financial support to those who carried out the हत्या. He is also accused of assisting the perpetrators in evading arrest after the crime.
The court further noted that there was no evidence of personal enmity between Kolhe and the accused. Instead, it concluded that the act was intended to send a broader message and create fear within a community. It clarified that under Section 15 of the UAPA, a terrorist act does not require the involvement of a banned organisation and can be committed by individuals if the intent is to create terror.
Based on the material placed before it, including witness testimonies, the court found sufficient grounds to proceed with the trial under anti-terror laws. The case will now continue, with further evidence expected to be examined during the course of the proceedings.
