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The family of a Muslim man lynched by a Hindu mob in the Indian state of Uttar Pradesh in 2015 said they would continue to fight for justice after authorities recently dropped all charges against the defendant.
Mohammad Akhlaq, then 50, was beaten to death amid rumors he was storing and eating beef, a claim his family still denies.
Cow slaughter is a sensitive issue in India because cows are considered sacred by Hindus, who make up 80% of the country’s 1.2 billion people. Uttar Pradesh is one of 20 states that have strict laws banning cow slaughter and the sale and consumption of beef.
The attack, which took place in Dadri, 49 kilometers (31 miles) from the capital Delhi, was India’s first widely reported major incident of cow-related violence and sparked widespread protests.
Lawyers for Akhlaq’s family told BBC Hindi that 18 people have been charged with various crimes, including murder and rioting. They have all been released on bail.
Now, the Bharatiya Janata Party (BJP)-led Uttar Pradesh government has asked a local court to drop the charges against the men.
In an application filed last month, prosecutors argued witness statements contained “inconsistencies” in identifying the defendants and asked the court to close the case.
The court is expected to decide on December 12 whether to accept the application.
The news shocked Akela’s family, who said they were prepared to challenge the government’s request.
His brother Jaan Mohammad told BBC Hindi: “We never thought our 10-year struggle would end this way.”
The family left the village shortly after the murder and has not returned.
“Now, we are more worried about our safety,” Mr. Mohammed said. “Won’t this (withdrawing the case) make criminals more arrogant?”
Mr Mohammed said he would never forget the night his brother was murdered.
Akela was sleeping with his 22-year-old son Dane on September 28, 2015, when a mob armed with clubs, swords and cheap pistols broke into their home, accusing the family of slaughtering a cow and eating it.
The family said it later emerged that a mob had attacked him at a Hindu temple after news broke that a cow had been slaughtered and eaten.
The defendant found some meat in the refrigerator, which the family insisted was mutton and used this as evidence. Akela died on the spot, while his son was seriously injured in the attack.
The case sparked widespread public outrage. Although the initial arrests were made within a week, the chargesheet took three months to be filed.
Many also criticized Prime Minister Narendra Modi for speaking about the incident days after Ahlaq’s death, while some members of the Bharatiya Janata Party, then in power at the federal level, were accused of defending the attackers.
One party leader described Lynching deemed ‘accidental’while another said eating beef was unacceptable.
The police named 15 main accused, including a teenager and the son of a local Bharatiya Janata Party leader, as well as 25 witnesses in the first charge sheet. Four more defendants were later added, bringing the total to 19; one of them died in 2016.
Last month, the Uttar Pradesh government argued that witnesses, including Akhlaq’s family, gave conflicting statements during the investigation.
The report states that Akhlaq’s wife initially named 10 people in her complaint, while his daughter Shaista named 16 people and his son Dane named 19 people.
“The witnesses changed the number of accused persons despite the fact that both parties lived in the same village,” the application said.
Ahlaq family lawyer Mohammed Youssef Seifi said the “chaos and confusion” surrounding the incident made it understandable that not all witnesses saw everyone involved.
“The only thing to look at is whether there is any evidence against the person named,” he said.
The application also states that the police seized five sticks, iron bars and bricks from the accused, but no gun or sword, contrary to what Ahlaq’s wife had said in her complaint.
It further stated that officials had recovered beef from the scene. A case was filed against Akhlaq’s family under the Cow Slaughter Act in 2016 and is still pending in the Uttar Pradesh court.
But the family has repeatedly denied the accusation.
Mr Saife claimed the case was aimed at “putting pressure” on the family, pointing to a local veterinary report that concluded the meat was goat, not beef.
The family is anxiously awaiting the court’s decision and holding on to hope.
“I still have full faith in the court,” said Mr. Mohammed, Akela’s brother. “I believe one day justice will be served.”