The family of Mohammed Akhlaq, who was lynched by a mob in Dadri last year for alleged cow slaughter, on Tuesday said it would move the Allahabad high court against a recent court order directing a police case be filed against them for storing and consuming beef.
"The family will move a petition as soon as possible seeking stay on arrest," counsel of Akhlaq's family Asad Hayat told reporters.
National President of Rashtriya Ulama Council, Maulana Amir Rahsadi Madni alleged that evidences in the infamous Dadri lynching case were "tampered" and raised questions over reports of Dadri and Mathura lab reports on the sample of meat sent for examination.
"First of all, the meat recovered was more than 150 metres away from Akhlaq's house," he said.
The court order that a police case be filed against them came 10 days ago following a petition by a neighbour in their village Bisada.
The petition was backed by those accused of Akhlaq's murder.
The neighbour has claimed that on September 26 last year, Akhlaq and his son Danish were seen beating the calf. Later, a villager saw Akhlaq holding down the calf while his brother killed it, the petition said.
Akhlaq's son Sartaj, working with the Indian Air Force, told mediapersons in Lucknow there were many loopholes in the recent forensic report, after which the petition demanding legal action against the family was filed.
He said his family was being treated like criminals instead of victims. "We have already met the chief minister once and if needed we will meet him for the second time," he said.
"First of all, the meat recovered from the spot was more than 150 metres away from Akhlaq's house," Madni said.
He claimed that only two kg meat was sent to Dadri lab, but the report suggested at the quantity of meat was four to five kg, implying that there was some amount of tampering somewhere.
Residents of Bishada village in Dadri had met the Gautam Budh Nagar SSP on June 5 to press their demand for filing of an FIR against Akhlaq's family for alleged cow slaughter.
Judicial Magistrate Vijay Kumar then ordered investigation and lodging of an FIR of cow slaughter against Akhlaq's family.
Beef eating is not a crime in Uttar Pradesh but cow slaughter is a non-bailable offence which carries a punishment of up to seven years in jail.
Dadri lynching victim Mohammad Akhlaq's son, Mohammad Sartaj during a press conference in Lucknow. Photograph: Nand Kumar/PTI