"We Understand Your Anxiety That Case Be Heard": Allahabad HC Adjourns UAPA Accused Atiq's Bail Plea To Feb 10

Hearing the bail plea of UAPA Accused Atiq-Ur-Rehman and other accused person who were held by UP Police in 2020 while they were on their way to Hathras to meet the family members of gang rape and murder victim, the Allahabad High Court today referred the matter to the Chief Justice and adjourned the matter to February 10.

The Bench of Justice Ashwani Kumar Mishra and Justice Ajay Tyagi sent the matter to the Chief Justice while observing that since the hearing in Habeas Corpus Plea (main matter out of a bunch of connected maters) filed by Atiq and others has already been concluded and in such a situation, it wouldn't be appropriate to hear the instant bail pleas (one of the connected matters).

Essentially, when the bail pleas came up before the Court, the Court was told that the main matter i.e., Habeas Corpus plea, which is the primary matter out of the bunch of connected matters filed by the accused persons has already been heard at considerable length by a division bench of the Court on 15-9-2021 and the last order of the Court in the Habeas plea dates back to September 29, wherein the hearing in the matter was adjourned.

Further, the Court was apprised that due to the change of roaster, the matter was placed before a different bench.

Therefore, now a direction has been sought from the Chief Justice as to which bench should hear the bunch of matters including bail pleas against the backdrop of the fact that the Habeas Corpus plea has already been heard at length by a division bench of Justice Sunita Agarwal and Justice Sadhna Rani (Thakur).

With this, the Court adjourned the bail plea hearing to February 10 awaiting Chief Justice's order by orally observing thus:

"We understand the anxiety of these persons that their bail plea be heard. We will definitely hear the case if the Chief Justice feels it appropriate that we should hear the matter. But in view of the observation of a different division bench, judicial propriety demands that the matter should be placed before the Chief Justice."

Case background 

Rehman was held by UP Police on his way to Hathras along with a Kerala journalist (Siddique Kappan) and 2 others while they were going to meet the family members of gang rape and murder victim.

After being held by the UP Police, Rehman was slapped with Sections 17 and 18 of Unlawful Activities (Prevention) Act (UAPA), Sedition (S. 124-A IPC), Promoting enmity between different groups on ground of religion (S. 153-A IPC), deliberate and malicious acts intended to outrage religious feelings (S. 295-A IPC) and Section 65, 72 and 75 of the IT Act.

Senior Advocate SFA Naqvi along with Advocates Shashwat Anand and Syed Ahmed Faizan appeared for the petitioners.

Case title -  Atiq-Ur-Rehman and 2 others v. State of Uttar Pradesh and 2 others