Bombay HC grants anticipatory bail to 8 anti CAA-NRC protestors

The court noted that there was no evidence to prove their guilt

Anti CAA

The Aurangabad Bench of Bombay High Court has granted anticipatory bail to seven alleged anti CAA NRC protestors. Justice M.G Sewlikar said, “In this view of the matter, I am inclined to confirm the anticipatory bail.”

The matter before the court was that the accused persons had protested the Citizenship Amendment Act (CAA) and National Registration of Citizenship Act (NRC) on December 20, 2019. They were Syed Moinuddin (52), Khamisa Gulam Mohammad (60), Saleh (61), Mohammad Qadri (61), Mohammad Siddique Khan (31), Abdul Wajed (53), Syed Jawed Quadar (61) and Mohammad Faizan Qadri (25).

It was alleged that the protesters turned violent and started blocking the traffic, chanting slogans against the Prime Minister and the Home Minister. They also allegedly started abusing police officers and other employees who were on duty causing damage to the vehicles of the Fire Brigade. Further, they vandalised medical shops and hotels by pelting stones. It was also alleged that they had organised the protest without prior consent of the concerned authorities. Therefore, the FIR was lodged by the informant, PSI Pallewad, under the relevant sections of the Indian Penal Code, Prevention of Damage of Public Property Act and the Bombay Police Act.

SS Kazi, counsel of the applicants argued that the contents of the FIR themselves disclose that custodial interrogation of the applicants is not necessary as there is nothing to be recovered from them. He further submitted that none of the applicants were present during the protest and that when he sought CCTV footage to buttress these contentions, the same was not provided to him.

He further submitted that both the applicants have complied with the conditions imposed by the court, while releasing them on interim anticipatory bail. He therefore prayed for confirming the interim relief. Additional Public Prosecutor B.V Virdhe appearing for the State, opposed this and asserted that public property was damaged during the demonstrations and that prior consent was not obtained either.

But the court observed, “From the perusal of the police papers it is seen that the spot panchanama has not been prepared to show that the vehicles were damaged. Therefore, there is no evidence to show that the vehicles were damaged.”

The court also reaffirmed that the applicants did comply with all conditions imposed by the court and presented themselves as and when they were called by the Police. The single-judge Bench placed on record the acknowledgments of the Police Officers and said, “This shows that the applicants have complied with the conditions imposed by this Court. In this view of the matter, I am inclined to confirm the anticipatory bail.”

The order may be read here:



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