Arrests were made after communal clashes during a Ram Mandir procession; most accused had no active involvement, per court findings
Locals demand action against rioters outside the MBVV police chief’s office on January 24. File Pic/Hanif Patel
The Bombay High Court yesterday granted bail to 16 individuals who were arrested in connection with the riots that erupted between two communities on January 22 this year during a procession in Mira Bhayander on the day of the Ram Mandir inauguration. These individuals had been in jail for the past 11 months.
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The police initially arrested 24 people, including three minors, who the juvenile court released after notices were issued to their parents. One accused had secured bail from the session’s court a couple of months ago due to a lack of evidence. The remaining 20 individuals remained in judicial custody. After the charge sheet was filed, they applied for bail in the session’s court, but their applications were rejected. Subsequently, they appealed to the Bombay High Court, which approved bail for 16 of them yesterday.
A 19-year-old first-year student was also granted bail, his father Akbar Shaikh, 45, a driver while speaking to mid-day said, “My son is innocent. He had gone out with friends, and their only mistake was they were riding three-up on a bike. CCTV footage captured their movements, both arriving and leaving the area. They were not involved in the fight but the police assumed they were miscreants, and traced them.”
Advocates speak
“After detaining two individuals with the help of a bike number, the police obtained my home address from them and they summoned my sons for questioning. The police assured me that they would be released after questioning. However, my son was arrested,” Shaikh said.
His lawyer advocate Fazlurrahman Shaikh said, “The Supreme Court has ruled that mere presence at the scene of an incident does not imply involvement in any crime that took place there. In my client's case, although he was seen in CCTV footage, there was no evidence of him committing any crime. The police should ensure that the innocent are not punished.
Another lawyer, Shabood Anwar Naqvi, said, “The boys who were arrested had no active role in the riots. They were merely spectators. In the footage, only one or two boys were seen engaging in minor pushing and shoving.” The court, upon review, concluded that the majority of the boys were not involved in the riots.
In the FIR, 50 to 60 people were named, with 28 identified as accused. Of these, 24 were arrested. So far, 20 individuals have been granted bail, while four have sought anticipatory bail, and four remain in jail. The bail application for one accused is pending in the high court, and for the remaining three, bail will be applied for again in the sessions court.
Another case
Sabir Jamaluddin Pawar is among those recently granted bail. He was arrested by the police three days after the incident on allegations of vandalising vehicles, despite not being present at the crime scene. At the time of the incident, he was approximately 2 km away, a fact corroborated by his mobile location data, which is also documented in the chargesheet.
Advocate Rafiq Gori, along with associates Adv Sharin Pathan and Adv Afin Pathan, filed a bail application. The case against Pawar stemmed from CCTV footage showing an individual wearing a white T-shirt vandalising a vehicle. Three days later, when Pawar was seen riding triple-seated on a bike while wearing a white T-shirt, he was apprehended along with two others. All three were then arrested and presented in court.
“It is clear that Pawar's arrest was driven by political pressure and was based solely on suspicion due to his white T-shirt. Despite no concrete evidence linking him to the crime. This injustice has now been corrected with his release on bail,” Advocate Rafiq Gori said.
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