New Delhi: In a significant legal development, the Uttarakhand High Court has granted default bail to 22 accused individuals in the Haldwani riot case, marking a crucial decision in the prolonged legal battle.
The two-member bench, comprising Justice Pankaj Purohit and Justice Manoj Kumar Tiwari, issued the order on March 11 after the prosecution failed to file the charge sheet within the legally mandated time frame. The court’s decision was based on technical grounds, specifically the non-completion of the investigation within the stipulated period.
The accused, imprisoned since February 2024, were initially denied bail by the Haldwani Sessions Court on July 3, 2024. However, the High Court found that the lower court’s order, which granted additional time for investigation, was illegal. Under the Unlawful Activities Prevention Act (UAPA), authorities must submit a charge sheet within 90 days, a deadline that was not met, prompting the court’s intervention.
The legal battle for the accused is being fought by Jamiat Ulama Haldwani, under the leadership of Maulana Arshad Madani, President of Jamiat Ulama-i-Hind. In the first phase, the High Court granted bail to 50 accused, followed by 22 more in the second phase.
Expressing his views, Maulana Arshad Madani welcomed the court’s ruling, calling it historic. He described it as a victory for justice, emphasizing that the accused had endured prolonged detention for over a year. He also stated that this ruling sets a crucial legal precedent for similar cases in the future.
However, Maulana Madani criticized systemic flaws in the criminal justice system, highlighting the unnecessary delays in filing charge sheets, particularly in cases involving Muslim accused. He accused law enforcement agencies of prolonging detentions as part of a broader strategy, which he claimed violates fundamental rights.
Madani further pointed out the broader implications of the case, noting that seven innocent individuals lost their lives in the Haldwani riots due to police actions, yet there has been no accountability for these deaths. He condemned the apparent disregard for Muslim lives by the police and government, describing it as part of a disturbing trend.
The release of these 22 individuals, coinciding with the holy month of Ramadan, has been a moment of relief for their families. Maulana Madani also underscored the human rights concerns associated with such cases and emphasized the urgent need for reforms in law enforcement agencies that often operate with impunity in terror-related cases.
With this ruling, a total of 72 accused individuals have now been granted bail, marking a significant victory in upholding justice and ensuring that legal protocols are followed in criminal investigations. The case highlights the critical need for timely investigations and adherence to legal safeguards to prevent wrongful detentions under controversial laws like UAPA.
