‘Gross impropriety’: SC criticises Chhattisgarh Police for invoking UAPA to defeat protection order
The bench was hearing a petition by a man who was charged under the anti-terror law soon after being granted protection from arrest in a murder case.
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The Supreme Court on Friday criticised the Chhattisgarh Police for invoking the Unlawful Activities Prevention Act against a person accused in a murder case, days after he was granted interim protection from arrest, reported Live Law.
“The officer is aware that this court has protected him from arrest and then hurriedly the sections of UAPA are applied,” said a bench of Justices Abhay S Oka and Ujjal Bhuyan. “We see the game in this. This is the grossest impropriety committed by him. We would not hesitate to initiate criminal contempt against him.”
The Supreme Court was hearing a petition filed by Manish Rathore, a content writer for a news agency, who challenged an order from the Chhattisgarh High Court that denied him anticipatory bail in a murder case, PTI reported.
The bench granted him bail and directed the state authorities to present him before the sessions court concerned within one week.
On January 2, the Supreme Court had granted Rathore interim protection from arrest. Soon after, the Chhattisgarh Police approached a sessions judge for adding Unlawful Activities Prevention Act charges in another first information report against Rathore, in which he had already been granted bail, reported Bar and Bench.
This was done to “defeat the January 2 order”, said the bench on Friday.
The police told the Supreme Court that there was evidence indicating Rathore’s involvement in Maoist activities.
Responding to this, the bench pointed out that the state government was required to seek the court’s permission before taking action.
Also read: How the Supreme Court speaks in contradictory voices on bail