Court orders the release of the accused on bail as the prosecution fails to submit chargesheets within the stipulated time
Team Clarion
NEW DELHI — The Uttarakhand High Court on Tuesday granted default bail to 22 persons accused of playing a role in the violence that rocked Haldwani town in February last year.
The court ordered the release of the accused on bail as the prosecution failed to complete investigations and submit chargesheets within the stipulated time.
Earlier, the high court had reserved its verdict after hearing the bail petitions.
The Haldwani chapter of the Jamiat Ulama-i-Hind is pursuing the cases against the accused.
The accused have been languishing in jail since February 2024. The Haldwani Session Court had rejected their bail petitions on July 3, 2024.
But on Tuesday, a two-member bench of the state high court consisting of Justice Pankaj Purohit and Justice Manoj Kumar Tiwari ruled that the lower court’s order allowing the investigative agency to complete the investigation against the accused was illegal and should be dismissed.
The court further stated that under the UAPA (Unlawful Activities Prevention Act), the investigative agency is required to complete the investigation within the stipulated time. Since the prosecution failed to accomplish this task, the court approved the default bail for the accused.
Senior Advocate Nitya Rama Krishnan presented arguments in defence of the accused. Following the legal assistance of the Jamiat Ulama’s Legal Aid Committee, the bail petitions of 50 accused were granted in the first phase. In the second phase, 22 accused were granted bail by the high court.
President of Jamiat Ulama-i-Hind, Maulana Arshad Madani, welcomed the verdict calling it historic.
Maulana Madani expressed deep disappointment over the fact that in such cases, the police and investigative agencies intentionally create obstacles for Muslims and use excuses and delays in submitting chargesheets.
He further stated that the law mandates that the chargesheet must be filed within 90 days, yet in most cases, this legal requirement is blatantly ignored, leading to severe violations of human rights.
Maulana Madani stated that such actions are deliberately taken to prevent the accused from receiving bail quickly and to keep them behind bars for longer periods.
He further pointed out that in the Haldwani violence, seven innocent people were killed due to the unwarranted police firing, yet there is no mention of them. “It seems as though, in the eyes of both the police and the government, the lives of Muslims hold no value,” he said. He emphasised that this is a serious issue tied to the violation of the basic rights of individuals, and the silence of activists and organisations working for human rights on this matter raises significant questions.
Maulana Madani raised a deeply concerning question, stating that it is indeed a sad reality that the police and other investigative agencies continue to demonstrate bias and prejudice instead of showing integrity and duty in such cases. He pointed out that a similar approach is adopted in most cases related to terrorism.
He added that his organisation has consistently been raising its voice against this grave injustice, “but unfortunately, there is no accountability for the police and investigative agencies. As a result, they continue to act without fear, playing with human lives in the name of the law.”
