A division bench consisting of Justice Manoj Kumar Tiwari and Justice Pankaj Purohit reversed a lower court’s decision that had allowed the police additional time to file the charge sheet. The high court’s ruling came after hearing arguments, with senior advocate Nitya Rama Krishnan representing the accused.
Uttarakhand: The Uttarakhand High Court on Wednesday(28th Aug) granted default bail to 50 individuals accused of serious charges such as attempted murder, rioting, and dacoity in connection with the violence that erupted after the demolition of a madrasa and mosque during an anti-encroachment drive in Haldwani’s Banbhoolpura in February.
A division bench consisting of Justice Manoj Kumar Tiwari and Justice Pankaj Purohit reversed a lower court’s decision that had allowed the police additional time to file the charge sheet. The high court’s ruling came after hearing arguments, with senior advocate Nitya Rama Krishnan representing the accused.
According to Section 167 of the CrPC, if an investigation under Section 167(2)(a)(i) is not completed within 90 days, the accused are entitled to default bail under these provisions.
In this case, the 90-day period was set to expire on May 12 and May 13; however, just before the deadline, on May 9, 2024, the police added charges under Section 15/16 of the UAPA against the appellants.
By adding these UAPA provisions, Section 43D was invoked, allowing the prosecution to extend the detention period to a maximum of 180 days under Section 43D(2)(b).
As per Section 43D(2)(b) UAPA, the investigation period could be extended up to 180 days for the following reasons:
- Completion of the investigation;
- Progress in the investigation was explained; and
- Specific reasons for detention beyond 90 days.
The Court observed that while there may be grounds to invoke Section 43D(2)(b), it is essential to examine how the investigation progressed within the 90-day period.
The Court noted that arms recovered on February 13, 2024, were sent to the FSL only on April 1, 2024, after a 45-day delay. Additionally, items seized on April 16, 2024, were sent only on May 18, 2024, after the 90-day period had passed.
The Court remarked that the law does not intend for the Investigating Officer to remain inactive and only seek more time after the 90-day period has lapsed. The Court emphasized that the right to life and liberty is fundamental under the Indian Constitution, and prolonged detention without prompt investigation cannot be justified under any law.
The violence occurred on February 8 in Banbhoolpura, Haldwani, following the demolition of encroachments, including a madrasa and a prayer area. The clashes led to six deaths and injuries to around 100 police officers.
The unrest intensified when protesters, angered by the madrasa demolition, set fire to the Banbhoolpura police station and several police and media vehicles. A curfew was imposed in the area for several days following the disturbances.
