The Supreme Court Friday said that the burning of a police station does not come under Unlawful Activities (Prevention) Act (UAPA). The top court further observed that it could be an issue of a public order.
The SC made these observations while upholding the bail of Abdul Malik, the “mastermind of the 2024 Haldwani violence case.”
A bench headed by Chief Justice of India (CJI) Surya Kant on Friday refused to interfere with the bail granted by the Uttarakhand High Court to Malik in the case. The top court also noted that the accused had already spent two years in jail even when trial was on.
The apex court dismissed the Uttarakhand government’s plea against the high court order. It added that the high court’s conclusion that burning a police station, the main charge against him by itself won’t attract UAPA and is a public order issue.
“If a mob burns down a police station, how does it attract UAPA? Public order and UAPA are different… we have serious doubt about the addition of UAPA charges,” Justice Joymalya remarked.
However, advocate Gaurav Bhatia, appearing for the government, argued that the trial court’s order was cryptic. “It is a case of conspiracy… His house was used for a meeting .. there is a conspiracy angle,” Bhatia submitted.
Replying to the advocate, Justice Bagchi stated, “Liberty does not depend on the inadequacy of a court order… it depends on a prosecution case…”
The CJI also reiterated that the allegations were of conspiracy and he had already spent two years in prison.
Malik was arrested in February 2024 in connection with the Haldwani violence. The violence erupted on February 6 that year over the demolition of an “illegal” madrasa in the Banbhoolpura area of the district.
Six people were reportedly killed in the violence. The situation escalated as a mob attacked officials attempting the demolition. Rioters pelted stones and set vehicles on fire outside the Banbhoolpura police station.