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The short video surfaced on the popular video-sharing app after the death of Tabrez Ansari last month.
Mumbai Police filed a first information report (FIR) against Hasnan Khan (21), Mudassir Shaikh (23) and Shadan Farooqui (23) for uploading the video, alleging that they were indulging in hate-mongering.
The video purportedly shows some youths saying, “You may have killed that innocent Tabrez Ansari, but tomorrow if his son takes revenge, do not say that all Muslims are terrorists.”
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Their lawyer Ali Kaashif Khan said police should also hold makers of the mobile app responsible.
He said police also ignored the fact that the accused had in the past uploaded several videos calling for communal harmony and brotherhood.
But Judge D S Deshmukh said he would not pass the order without hearing the prosecution, adjourning the matter to Monday for police to file its reply.
He also refused to grant interim protection from arrest to the accused persons till then.
Ansari was brutally thrashed by a mob for alleged theft in Seraikela-Kharsawan district on June 19. He was also forced to chant “Jai Shri Ram”. He died three days later.