Mumbai, October 6, 2026: The special NIA court has refused to discharge Atib Rashid, booked in connection with the murder of Amravati pharmacist Umesh Kolhe, observing that there is more than sufficient evidence against him.
The special judge, Chakor Baviskar, discarded the contention of the defence that Tablighi Jamat, which he was allegedly part of, was not a banned organisation; hence, the charges under UAPA are not applicable.
Court Finds Prima Facie Evidence
The court said, "whether or not Tablighi Jamat is a banned organization or terrorist organization or an unlawful association and whether this applicant/accused or any other accused is or not member/s of that Tablighi Jamat, all these questions are foreign in this case."
"There is more than prima facie sufficient material available on record. It is in the form of electronic evidence i.e. CDRs and tower location of this accused with other accused. Even there is oral evidence of other witnesses, including eye witnesses, truncated and some open as well and statements by which this accused can be held liable for trial," the court said.
Kolhe, who ran a medical store in Amravati, was returning home on his scooter on June 21, 2022, when three men on a bike allegedly accosted him and hacked him to death.
Defence Denies Connection To Murder
Rashid was one of the accused arrested on August 2, 2022, in the case. He had sought discharge, claiming that he is not connected to the incident of murder. The defence said that he had just circulated messages but no overt act is attributed to Rashid which can be said to have any proximate or direct nexus with commission of the alleged murder.
It was also argued that the charges under UAPA were not applicable, claiming that, "The reference made by the prosecution to Tablighi Jamat is totally irrelevant and misconceived. The said organization is not a banned organization, nor has it been declared as an unlawful association or terrorist organization under the provisions of the UAPA."
Prosecution Alleges Active Role
The plea was opposed by the prosecution, claiming that Rashid was actively involved with the group and, along with other accused, Rashid too had made attempts to kill Kolhe a day before, on June 20, 2022.
The prosecution had contended that he has performed active and important role in commission of the alleged offences in this case, including murder of Kolhe.
The court, while rejecting his discharge plea, noted that, "he along with other two accused are the actual assailants who attacked Umesh Kolhe on the date, time and place of the incident and committed his brutal murder. In the background of these specific allegations, such Call Details Records inter se between these three accused and with other co-accused speaks volumes for itself."
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Data Deleted After Murder
Besides, the court noted that after the murder, Rashid messaged the key conspirator and gang leader about the murder. "After that Rashid had deleted the entire data from the mobile phones of himself and from the mobile phones of the co-assailants. Highly technical expertise was required to regain the entire data," the court said in the order.
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