The Allahabad High Court has refused to grant any relief to the accused in the Bareilly violence case, rejecting their plea for a stay on arrest and the quashing of the FIR.
A division bench comprising Justice Ajay Bhanot and Justice Garima Prasad passed the order.
Gauhar Khan and Shakib Jamal approached the court seeking to annul the case registered against them, claiming false implication. The court, however, observed that the allegations against them were prima facie serious and required a proper investigation.
The incident dates back to September 26, when a protest was held at Islamia College Ground in Bareilly.
Maulana Tauqeer Raza, chief of the Ittehad-e-Millat Council (IMC), organised the demonstration to oppose the police action taken in the ‘I Love Mohammad’ case in Kanpur.
According to the prosecution, participants in the rally raised objectionable and inflammatory slogans, including ‘Sar tan se juda’.
When police intervened to stop the procession, the crowd reportedly turned violent, assaulting police personnel and disrupting public order.
Subsequently, the police registered a case against 52 named individuals and several unidentified persons for rioting, assaulting public servants, and promoting enmity among communities.
During the hearing, the petitioners’ counsel argued that the authorities had wrongly implicated their clients in the violence despite their having no role in the incident.
However, Additional Government Advocate Paritosh Kumar Malviya opposed the plea, contending that the accused played an active role in inciting the crowd and disturbing communal harmony.
The bench noted that the nature of the allegations demanded a thorough investigation and that no legal ground existed to quash the FIR. Observing that the charges involved serious law and order implications, the court dismissed the petition.
With the High Court’s decision, the investigation against all 52 accused will proceed, and law enforcement agencies will continue gathering evidence to establish individual roles in the violence.
The ruling underscores the judiciary’s stance on maintaining accountability in cases involving communal disturbance and attacks on law enforcement authorities.
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