Rajasthan High Court Upholds UAPA Charges Against Eight Accused in 2022 Kanhaiya Lal Murder Case

The Rajasthan High Court has officially dismissed the appeals filed by eight accused individuals, upholding the stringent charges framed against them under the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). A division bench comprising Chief Justice Sanjay K. Agrawal and Justice Sameer Jain declined to interfere with the orders passed by the Special National Investigation Agency (NIA) Court, clearing the path for the trial proceedings to advance.

Background

The high-profile case stems from the brutal killing of Kanhaiya Lal, a tailor in Udaipur, on June 28, 2022. The tragic incident occurred following Lal allegedly sharing a social media post commenting on statements made by Nupur Sharma concerning Prophet Muhammad. Following the attack, a video of the incident was widely circulated online, sparking widespread outrage.

The National Investigation Agency (NIA) subsequently took over the investigation and filed charges against the accused persons. Special NIA courts framed charges under various provisions of the UAPA and IPC, leading the accused to challenge those orders in the High Court.

Arguments and Court’s Observations

1. Arguments by the Defense

• Lack of Association: Counsel for the appellants contended that there was no substantive evidence or material on record to link the accused individuals directly to any unlawful organization.
• Mechanical Framing: It was argued that the Special Court had framed charges mechanically without proper substantiation, and that the elements required for a UAPA offense were missing.

2. Arguments by the State / NIA

• Broad Scope of Section 18 UAPA: Appearing for the prosecution, the Additional Solicitor General (ASG) argued that criminal conspiracy under Section 18 of the UAPA possesses a wide amplitude. It encompasses not only the actual execution of a terrorist act but also preparation, incitement, facilitation, and attempt.
• Circumstantial Evidence & Trial Evaluation: The State emphasized that the background events, recovered videos, and surrounding circumstances formed an interconnected web of conspiracy. They argued that whether the material satisfied all statutory ingredients was a matter of evidentiary evaluation best addressed during the full trial rather than at the stage of framing charges.

Decision and Next Steps

The Division Bench concurred with the prosecution’s standpoint, ruling that questions concerning the sufficiency of material under the UAPA necessitate a proper appreciation of evidence during trial rather than a pre-trial mini-trial.

With the dismissal of the petitions, the Special NIA Court trial will proceed against the following eight accused:

• Mohammad Riyaz Attari
• Mohammad Ghouse
• Mohsin Khan
• Asif Hussain
• Mohammad Mohsin
• Wasim Ali
• Mohammad Javed Khan
• Muslim Khan

They continue to face charges under key UAPA provisions (Sections 16, 18, and 20) alongside relevant penal sections.

The Rajasthan High Court delivered this verdict upholding the UAPA charges on November 7, 2026.