The Supreme Court Today (Feb 28) criticized the Chhattisgarh Police for misusing UAPA to nullify its previous order protecting an accused from arrest. The Court granted him bail and warned of contempt action.
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NEW DELHI: The Supreme Court strongly criticized the Chhattisgarh Police for deliberately adding charges under the Unlawful Activities Prevention Act (UAPA) against an accused person just to bypass the Court’s previous order, which had granted him interim protection from arrest in another case.
A Bench of Justice AS Oka and Ujjal Bhuyan stated that the police arrested the accused by invoking UAPA only to nullify the Court’s January 2 order and ensure that he was put behind bars.
“Obviously, to defeat the interim order dated January 2, 2025, this hasty action has been taken by the police against the appellant to ensure that he is taken into custody and interim order dated January 2 is nullified,”
-the Court observed.
During the hearing, Justice Oka also issued a stern warning regarding contempt of court action against the police officer involved in this move.
“This is grossest impropriety committed by him (police officer). We won’t hesitate to initiate action for criminal contempt of court. He was aware of orders of this Court. Why have you done this? Ask him,”
-the Court told the State of Chhattisgarh.
Following these observations, the Court granted bail to the accused, Manish Rathore.
“Considering fact that it is so apparent that appellant was arrested only to defeat January 2 order, appellant is entitled to be bail in said case .. Appeal allowed. The appellant shall be enlarged on bail. January 2, 2025 order made absolute,”
-the Bench directed.
On January 2, the Supreme Court had granted protection from arrest to the accused in FIR 54/2024. However, despite this protection, the concerned police officer approached the Sessions Judge to add UAPA charges to another case, FIR 39/2024. This case was already registered earlier, and the accused had been granted bail before January 2.
“After service of notice in present case, the SDPO of Narayanpur police station applied to sessions judge for adding Section 13 of UAPA and Section 8 (5) of Vishesh Jan Suraksha Adhinayam,”
-the Court noted.
The Court made it clear that this move was solely intended to bypass the Supreme Court’s earlier order and arrest the accused.
The State’s counsel attempted to justify the police’s actions by arguing that the accused had violated bail conditions earlier and was involved in Naxalite activities. However, the Court was not convinced by these arguments.
“The concerned police officer was fully aware of the order passed on January 2, in view of which, what was expected was an application by the State seeking permission to take action in 39/24. Obviously, to defeat the interim order dated January 2025, this hasty action has been taken by the police against the appellant to ensure that he is taken into custody and interim order dated January 2 is nullified. We deprecate this conduct,”
-the Court said.
As a result, the Supreme Court granted bail to the accused in FIR 39/2024 and also confirmed that the interim protection granted on January 2 in FIR 54/2024 was now made absolute.
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The Court further directed the State authorities to present the accused before the concerned Sessions Court within one week. The Sessions Court would then set appropriate bail conditions after hearing the Public Prosecutor.
“The appellant shall be enlarged on bail in 39/24 … January 2 order is made absolute,”
-the Court directed.
CASE TITLE:
MANISH RATHORE Vs STATE OF CHHATTISGARH | SLP(Crl) No. 17921/2024
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