HC grants bail to 9 out of 123 accused in March 17 communal violence
The violence had reportedly broken out following rumours that a religious 'chadar' bearing sacred inscriptions was burnt during a protest by the Vishwa Hindu Parishad (VHP) and the Bajrang Dal. The protest demanded the removal of the Mughal emperor Aurangzeb's tomb in Khuldabad, Chhatrapati Sambhajinagar district. The demand to remove Aurangzeb's tomb had got a renewed push by hindutva groups following the release of 'Chhava' a film based on the life of Chhatrapati Sambhaji Maharaj, the second ruler of the Maratha empire, who was executed on the orders of Aurangzeb.
Represented by a legal team with advocates Asif Qureshi, Shirrang Bhandarkar, Rafique Akbani, Adil Mohammad, Naveed Opai, and Adil Sheikh, the accused were granted bail after their advocates presented comprehensive factual and legal arguments and convinced justice Urmila Joshi-Phalke that their custody was no longer necessary.
The court said, 'Considering the investigation is already completed and chargesheet is already filed, no purpose will be served by keeping applicants behind the bar.' The court added that the crime the accused had committed was against the society, but would be examined at the trial stage. The court said that bail is the rule and jail is the exception and granted bail to the accused on a personal bond of ₹ 1 lakh each.
The accused were identified as Iqbal Ansari, Ejaz Ansari, Absar Ansari, Izhar Ansari, Ashfaqulla Aminullah, Muzzamil Ansari, Mohammad Rahil, Mohammad Yasir, and Iftekar Ansari.
On March 17, widespread violence was reported from various parts of Nagpur, with mobs resorting to stone-pelting and arson. The injured included 33 police personnel, including three deputy commissioners of police (DCP). In response, 123 individuals, including 19 minors, were arrested, and most of them are still being investigated.
In a related case, the Nagpur Municipal Corporation (NMC) apologised to the high court for demolishing the two-storey residence of one of the people accused of rioting. NMC Commissioner Abhijeet Chaudhury submitted an affidavit filed before the high court saying that the officials from the town planning and slum departments were unaware of the court's directive asking authorities to follow legal procedures before demolishing properties of people linked to communal violence cases. Chaudhary added that the municipal authority and executive engineers had not been aware of the guidelines either, and assured the court that such a lapse would not occur again.
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