NEW DELHI: The Supreme Court on Monday set aside the Uttarakhand High Court's order of granting default bail to 2024 Haldwani riots accused persons and ordered the accused duo to surrender before the trial Court within a period of two weeks failing which the trial Court shall take stringent measures to take them into custody.
A two-judge bench of the apex court, presided by Justice Vikram Nath and Justice Sandeep Mehta, after hearing a Special Leave Petition (SLP) filed by the State of Uttarakhand, passed the order on May 4.
"It is absolutely unreasonable of the High Court to have made observations on the investigation and had in fact made factually incorrect statements regarding recording statements by the investigating agency. Importantly, without a doubt, the investigation was proceeded with utmost expediency in a case presented grave challenges to the investigation agency, considering the magnitude of the crime and the large number of accused and witnesses," the apex court said in its order.
The Uttarakhand State had moved the apex court challenging the grant of default bail to two prime accused, Javed Siddiqui and Arshad Ayub, granted by a Division Bench of the Nainital High Court in the 2024 Haldwani riots case.
The top court found substance and ground in the appeal of the Uttarakhand government and allowed it.
According to the prosecution case, the matter was related to the incident of February 8, 2024, Banbhoolpura, Haldwani riots, when a violent mob allegedly opened fire, threw stones and petrol bombs, burnt police vehicles and confined female constables in a police station which was set on fire, leading to registration of 3 separate FIRs under various Sections of the Indian Penal Code (IPC) and section 15 & 16 Unlawful Activities (Prevention) Act and section 3, 4, 7 and 25 of the Arms Act etc.
In the case, the Uttarakhand State was represented by Jatinder Kumar Sethi, the Deputy Advocate General (DAG) and Ashutosh Kumar Sharma Standing Counsel. Siddharth Agarwal Senior Advocate represented the accused in the apex court.
After hearing the parties, the top court observed that that the HC had completely gone wrong and noted that the FIR had been filed in relation to an incident of widespread arson, rioting and damage to public property including the building of the police station, wherein large number of accused persons were arraigned with the allegation of using petrol bombs and other arsenal in the incident.
The apex court also pointed out that the HC failed to advert to the important fact that the accused never challenged the orders of extension of time and rejection of bail by promptly approaching the HC and instead waited till 2 months before filing the appeal.
The court was of the opinion that the accused had lost the right to seek default bail by their acquiescence and set aside the order granting them default bail.
The State Prosecution is taking this as a big win for the State, since this was one case where the State's Law and Order machinery itself was under attack by a riotous mob who sought to oppose anti encroachment drive of the State. The entire Police Department of the State is taking this as a big morale booster when expeditious investigation is appreciated by no less than the Highest Court of the Country.