Speeches Were Not Disturbing Public Order: SC Quashes Mufti Salman Azhari’s Detention

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The apex court ordered the release of the Islamic scholar from Vadodara Central Jail

Team clarion

NEW DELHI — The Supreme Court has ordered the immediate release of renowned Islamic scholar Mufti Salman Azhari.

Mufti Azhari, who has been incarcerated for nearly 10 months, was initially granted bail by local courts in three cases filed by the Gujarat Police. However, soon after, the Gujarat authorities detained him under the Prevention of Anti-Social Activities Act (PASA), leading to his prolonged imprisonment.

The apex court on Friday ordered Mufti Salman Azhari’s release from Vadodara Jail, also revoking his detention under PASA. 

The bench comprising Justices Vikram Nath and Prasanna B Varale granted relief to Azhari while setting aside the Gujarat High Court’s order validating the detention order.

Azhari approached the Supreme Court following the dismissal of his plea challenging the detention before the Gujarat High Court.

The high court validated the detention authority’s order and opined that the public speeches delivered by Azhari and circulated on social media platforms were sufficient to promote enmity between different groups on the grounds of religion and were prejudicial to the maintenance of harmony and national integration. The detention order was executed on February 22, 2024, and Azhari was detained in Vadodara Central Jail.

On Friday, the apex court noted that there was nothing to suggest that the speeches delivered by Azhari were in any manner disturbing the public order to validate the detention.

“Having gone through the material on record we find that the order of detention cannot be sustained as apparently there is nothing to suggest that the speeches delivered by the appellant are in any manner disturbing the public order,” the court said.

Accordingly, the court allowed the appeal and directed the release of Azhari.

Azhari was arrested by a special team of the Gujarat Police on February 4, accused of delivering a provocative speech during a gathering in Junagadh. He was apprehended in Mumbai and subsequently taken to Gujarat.

The controversy stems from a viral video of the Junagadh gathering, which led the Gujarat Police to register cases against Mufti Salman Azhari and two other organisers involved in the event.

In response to his prolonged detention, various community groups, including the Vinchat Bahujan Agadi, have held protests, calling for justice and his immediate release.

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