Prayagraj Protests: Allahabad High Court Stays Coercive Action Against AIKMS General Secretary Dr. Ashish Mittal

The Allahabad High Court has stayed coercive action against Dr. Ashish Mittal, who is presently the General Secretary of All India Kisan Mazdoor Sabha (AIKMS) and has been booked in a criminal case in connection with the Prayagraj Protests that took place in June 2022 over BJP leaders' remarks on Prophet Mohammed.

Essentially, an NBW was issued to Dr. Mittal in June 2022 by the Court of Additional Chief Judicial Magistrate, Allahabad in a Case registered under IPC, Explosive Substance Act, Juvenile Justice (Care and Protection of Children) Act, and Prevention of Damage to Public Property Act.

As per the allegations in the FIR, the dispute (which ultimately led to violent protests in Prayagraj) started at a masjid, where the followers of a particular religion had assembled to offer namaz, and immediately thereafter, with a preconceived mind, they started a violent protest and raised slogans against a particular religion.

In this FIR, seventy persons have been named and five thousand unknown persons have also been implicated.

Now, before the Court, Dr. Mittal argued that he does not belong to the Muslim community and that he had not attended the assembly. Importantly, it was submitted that in the instant case, the Magistrate had issued an NBW against him during the investigation of the Case for securing his presence before the Police.

Against this backdrop, it was submitted that though the Magistrate has the power to issue warrant during the investigation also, however, such power can be exercised for securing the appearance of the accused in court alone, and not for the aid of the police in the investigation.

It was further submitted that the order impugned in this application was passed to secure the appearance of the applicant before police during the investigation, and not before the court, and therefore, the same was liable to be quashed.

Dr. Mittal's counsel also informed the Court that the applicant is an MBBS doctor, previously he was posted in AIIMS, and thereafter, he is presently doing practice in Allahabad and works for improvement in Medical Education and Research System.

It was also submitted before the Court that between 1982-1986, he was president of the All India Medical Students Association and All India Junior Doctor Federation. 

Having heard the arguments, the bench of Justice Om Prakash Tripathi issued notice to the State of UP and granted it the liberty to file counter affidavits within two weeks and list the matter for further hearing on August 22, 2022, as fresh before the appropriate Bench.

"Only till then, no coercive action shall be taken against the applicant subject to the condition that applicant shall cooperate with the police investigation," the Court ordered as it parted with the order.

Case title - Dr. Ashish Mittal v. State of U.P [APPLICATION U/S 482 No. - 18987 of 2022]

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