Wednesday, February 28, 2024

Allahabad High Court stays coercive action against All India Kisan Mazdoor Sabha leader

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

A Single Bench of Justice Om Prakash Tripathi passed this order while hearing an Application under section 482 filed by Dr Ashish Mittal.

The application has been preferred to quash the NBW dated 18.06.2022 passed by the In-charge Additional Chief Judicial Magistrate, Allahabad in Case under Sections 143, 144, 145, 147, 148, 149, 153-A, 153-B, 295-A, 201, 511, 307, 332, 333, 353, 395, 435, 436, 427, 504, 505(2), 506, 120-B IPC, Section 4/5 of the Explosive Substance Act, Section 7 of Criminal Law Amendment Act, Section 83 of Juvenile Justice (Care and Protection of Children) Act, Section 3/4 Prevention of Damage to Public Property Act, Police Station- Khuldabad, DistrictPrayagraj.

It is submitted by counsel for the applicant that the applicant is MBBS doctor, previously he was posted in AIIMS and thereafter, doing practice in Allahabad and works for improvement in Medical Education and Research System.

In 1982-1986, applicant was president of the All India Medical Students Association and All India Junior Doctor Federation. Applicant is also doing social work and at present he is the National General Secretary of Akhil Bhartiya Kisan Mazdoor Sabha. Applicant has no concern with the mob activity as alleged in the FIR and applicant was served with a Challan Notice No. NIL of 2022 under Sections 107/116 CrPC on 09.06.2022 pursuant thereto, on 10.06.2022, applicant was present in Court from 10:00 am to 04:00 pm, since the Presiding Officer i.e ACJM II himself was not present as he was on duty in riot area in Kareilly Atala. Applicant has given security and bonds to Rs10,00,000/- which was duly filled and signed by the applicant. The genesis of the dispute as per the allegations in the FIR started from masjid, when the followers of a particular religion had assembled to offer namaz and immediately thereafter, with a preconceived mind, started a violent protest, raising slogans against a particular religion. Applicant does not belong to the said community and he had not attended the assembly. FIR has been lodged against seventy persons named and five thousand unknown persons.

Counsel for the applicant has placed reliance upon the order passed by a Co-ordinate Bench of the Court order dated 05.04.2019 passed in Application U/s 482 . Perused impugned order by which ACJM, Court Allahabad issued non-bailable warrant against the applicant during investigation.

Counsel for the applicant has also placed reliance upon law laid down by the Apex Court in State through CBI vs Dawood Ibrahim Kaskar & Ors (2000) 10 SCC 438, in which the Apex Court has held that the Magistrate has power to issue warrant during investigation also, but such power can be exercised for securing appearance of the accused in court alone, and not for aid of the police in investigation. He has submitted that the order impugned in this application was passed to secure the appearance of the applicant before police during investigation, and not before the court.

The Applicant is a person against whom five thousand prize has been declared by police.

“Opposite parties may file counter affidavits within two weeks. Rejoinder affidavit may be filed within one week, thereafter.

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.

The Court has fixed the next hearing of the petition on August 22, 2022.


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