New Delhi, February 28 – In a stern rebuke to Chhattisgarh Police, the Supreme Court on Friday criticized authorities for invoking the Unlawful Activities Prevention Act (UAPA) against a man shortly after the court had granted him interim protection from arrest in a murder case.
The bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, described the police action as a deliberate attempt to undermine the court's interim bail order dated January 2, which had granted relief to the accused, Manish Rathore.
Rathore, a content writer for a news agency, had approached the Supreme Court challenging the Chhattisgarh High Court's decision that denied him anticipatory bail. The high court had previously rejected Rathore's plea, stating the material collected during the investigation indicated his involvement in a murder case, coupled with a prior criminal record.
However, taking strong exception to the actions of Chhattisgarh Police, the Supreme Court observed, "This hasty action has been taken by the police against the appellant to ensure that he is taken into custody and interim order dated January 2 is nullified."
Terming the conduct as "gross impropriety," the bench further cautioned the concerned police official against repeating such behavior, warning, "We will not hesitate to initiate action for criminal contempt of court. He was aware of orders of this court."
Despite arguments from Chhattisgarh's counsel that Rathore previously jumped bail and was allegedly involved in "Naxal" activities, the apex court decided to uphold its earlier interim protection order, granting Rathore regular bail.
In its final remarks, the Supreme Court stated clearly: "Considering the fact that it is so apparent that the appellant was arrested only to defeat the January 2 order, the appellant is entitled to bail. The appeal is allowed. The appellant shall be enlarged on bail."
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