“He is accused under UAPA, cannot have a society like this”: Supreme Court refuses bail to Bengaluru riots accused

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A Supreme Court bench of Justices Dinesh Maheshwari and Vikram Nath today refused to grant bail to accused in the 2020 Bengaluru riots case. The accused persons who allegedly belong to radical organisations Social Democratic Party of India and Popular Front of India were arrested by the National Investigation Agency (NIA) in connection with the riots.

Siddharth Luthra, Senior Advocate, appearing for one of the accused submitted that he represents 68-year-old retired engineer whose name came up only after NIA took up the investigation. He further argued that,

“I have now spent 14 months in custody.  There are 154 witnesses to be examined and  there is a background to this petition.” He further informed the court that there is a 'political cat fight.’”

Speaking of the facts of the case, Luthra submitted that certain comments were posted by a person called Naveen and the whole issue started from there. Luthra further argued that his client is a retired government servant and he was merely present there because he ran a pharmacy in the vicinity.

The bench at this point remarked that,

“We can’t have a society like this. This apart, there are charges under UAPA and damage to public property!”
Luthra submitted that his client was first named in the FIR for burning of a Vehicle by policeman from the area, whom he knew previously. He said, “They have charged me for rioting under IPC and then framed me under the UAPA. Is it a case of UAPA, or under the IPC? Is it a case of law and order or violation of public order?”

Gaurav Agarwal, advocate, appearing for 5 other accused submitted that the investigation agains his client is completed they have yet been in jail for the last 16 months. The court on hearing these submissions informed the parties that they were not inclined to interfere and dismissed the plea.

The above plea was an appeal against the order of Karnataka High Court wherein their bail pleas were dismissed.

Case title: Mohammad Kaleem Ahmed Vs NIA