Gauhati High Court
Md. Mustafa Ali And 18 Ors vs The State Of Assam on 8 January, 2020
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/7
GAHC010315762019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 4606/2019
1:MD. MUSTAFA ALI AND 18 ORS.
S/O MD. AHMED ALI, VILL-GHOGA, P.S.-MUKALMUA, DIST-NALBARI,
ASSAM
2: MD. BABUL ALI @ MD. BUBUL ALI
S/O MD. IMRAN ALI
VILL-LOKHARKHATA
P.S.-MUKALMUA
DIST-NALBARI
ASSAM
3: MD. SAIFUI HUSSAIN @ SAMNUR ALI
S/O SADEK ALI
VILL-LOKHARKHATA
P.S.-MUKALMUA
DIST-NALBARI
ASSAM
4: FIROJUL HAQUE @ MD. DIPU ALI
S/O MD. MANU ALI
VILL-LOKHARKHATA
P.S.-MUKALMUA
DIST-NALBARI
ASSAM
5: MD. REKIBUDDIN AHMED @ REKIB ALI
S/O JAINUR ALI
VILL-GHOGA
P.S.-MUKALMUA
DIST-NALBARI
ASSAM
Page No.# 2/7
6: MD. DILOWAR HUSSAIN SAIKAI @ ILOWER
S/O MD. SADEK ALI
VILL-GHOGA
P.S.-MUKALMUA
DIST-NALBARI
ASSAM
7: MD. JAMIR ALI
S/O NASIR ALI
VILL-GHOGA
P.S.-MUKALMUA
DIST-NALBARI
ASSAM
8: MD. HEDAYETULLAH
S/O MD. HIKMAT ALI
VILL-GHOGA
P.S.-MUKALMUA
DIST-NALBARI
ASSAM
9: MD. JITU ALI
S/O MD. RUME ALI
VILL-MUKALMUA
P.S.-MUKALMUA
DIST-NALBARI
ASSAM
10: MD. JAHEDUR REHMAN
S/O RAIJUDDIN AHMED
VILL-MUKALMUA
P.S.-MUKALMUA
DIST-NALBARI
ASSAM
11: MD. ARIF ALI
S/O MAZAFFAR HUSSAIN
VILL-LOKHARKHATA
P.S.-MUKALMUA
DIST-NALBARI
ASSAM
Page No.# 3/7
12: MD. SIDDIKUL HAQUE @ RAJU
S/O MD. HASAN ALI
VILL-LOHARKATHA
P.S.-MUKALMUA
DIST-NALBARI
ASSAM
13: MD. MAFUL ALI
S/O MIRJAN ALI
VILL-LOHARKATHA
P.S.-MUKALMUA
DIST-NALBARI
ASSAM
14: MD. ANOWAR HUSSAIN
S/O IDAR ALI
VILL-MUKALMUA
P.S.-MUKALMUA
DIST-NALBARI
ASSAM
15: MD. CHAHABUDDIN SAIKIA
S/O LT. SADEK ALI
VILL-LOHARKATHA
P.S.-MUKALMUA
DIST-NALBARI
ASSAM
16: MD. SAFIKUL HAQUE @ NANU
S/O LT. SABER ALI
VILL-LOHARKATHA
P.S.-MUKALMUA
DIST-NALBARI
ASSAM
17: MD. BASED ALI @ BASEK
S/O MD. HANIF ALI
VILL-MUKALMUA
P.S.-MUKALMUA
DIST-NALBARI
ASSAM
Page No.# 4/7
18: MD. FARID ALI
S/O R ALI
VILL-MUKALMUA
P.S.-MUKALMUA
DIST-NALBARI
ASSAM
19: MD. SHABUDIN SHAIKIA @ SAZID HAQUE @ SAHEB SHAIKIA
S/O SADEK ALI
VILL-LOHARKATHA
P.S.-MUKALMUA
DIST-NALBARI
ASSA
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. N BARMAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 08-01-2020 Heard Mr. H.R.A. Choudhury, learned Senior counsel assisted by Mr. N. Barman, learned counsel for the petitioners in both the applications. Also heard Mr. T.K. Misra, learned Additional Public Prosecutor for the State.
By the application, AB No. 4606/2019, 19 (nineteen) nos. of petitioners viz. 1) Md. Mustafa Ali, 2) Md. Babul Ali @ Md. Bubul Ali, 3) Md. Saiful Hussain @ Samnur Ali, 4) Firojul Haque @ Md. Dipu Ali, 5) Md. Rekibuddin Ahmed @ Rekib Ali, 6) Md. Dilowar Hussain Saikia @ Ilower, 7) Md. Jamir Ali, 8) Md. Hedayetullah, 9) Md. Jitu Ali, 10) Md. Jahedur Rehman, 11) Md. Arif Ali, 12) Md. Siddikul Haque @ Raju, 13) Md. Maful Ali, 14) Md. Anowar Hussain, 15) Page No.# 5/7 Md. Chahabuddin Saikia, 16) Md. Safikul Haque @ Nanu, 17) Md. Based Ali @ Basek, 18) Md. Farid Ali and 19) Md. Shabudin Shaikia @ Sazid Haque @ Saheb Shaikia have approached this Court seeking pre-arrest bail apprehending their arrest in connection with Mukalmua P.S. Case No. 566/2019 registered under Sections 147/149/427/294/336/448/380/506, I.P.C.
On the other hand, by the application, AB No. 81/2020 15 (fifteen) nos. of petitioner viz. 1) Mastafa Ali, 2) Jahedur Rahman, 3) Babul Choudhury @ Babul Ali, 4) Seriful Haque Saikia @ Samnur Ali, 5) Firojul Haque @ Dipu Ali, 6) Dilower Hussain Saikia, 7) Jamir Ali, 8) Hedayetullah, 9) Jitu Ali, 10) Arif Hussain @ Md. Arif Ali, 11) Siddikul Haque @ Raju, 12) Anowar Hussain, 13) Chahabuddin Saikia @ Chahab, 14) Safikul Haque @ Nanu Ali and 15) Sazidul Haque @ Sahabuddin Saikia have prayed for pre-arrest bail apprehending their arrest, in connection with Mukalmua Police Station Case No. 565/2019, registered under Sections 143/353/336/325/323, I.P.C.
At the request of the learned counsel for the parties, both these applications are taken up together as they have submitted that both the incidents mentioned in the FIRs concerned, have arisen out of incidents which are part of the same transactions.
As per the FIR in Mukalmua Police Station Case No. 566/2019 registered on 13.12.2019, on 12.12.2019, at about 06.30 p.m., a group of people, led by the accused persons named in the FIR, came from Adabari side towards Mukalmua and when they reached Baruah Putta Gaon, the group stopped and started destroying one temple. In the process, the group destroyed the sign board of the temple. When the villagers tried to stop the group, the villagers were attacked by the group by dao, lathi, etc. and the villagers had to escape from the place of occurrence in order to save their lives. Even the women of the village were not spared and the group misbehaved with them. The group pelted stones and threatened the villagers to kill them. The group also pulled out the hand pump of the temple and took it with them. They even took away the idol from inside the temple. While leaving the place of occurrence, the group threatened to destroy the properties in the area and to burn the houses in the village. The said FIR has also been endorsed by 120 nos. of villagers.
The FIR in Mukalmua Police Station Case No. 565/2019 was lodged by the Officer In- Charge, Mukalmua Police Station. As per the said FIR, when the police personnel of Page No.# 6/7 Mukalmua Police Station, SSB and BSF, were in duty within the jurisdictional area of the Police Station on 12.12.2019, at about 06.30 p.m., a group of people of about 4000/5000 on the pretext of opposing the Citizenship Amendment Act, proceeded from Adabari side towards Mukalmua through Hajo/Mukalmua P.W.D. Road with fire torches in their hands, they suddenly moved towards the house of the local MLA and the temple located nearby. They became aggressive and destroyed the walls of the temple and also started pelting stones, pieces of bricks and bottles towards the personnel deployed on duty there. It further mentions that as a result of such attack, a number of police personnel, named therein, and the Circle Officer sustained different injuries. In order to disperse the violent mob, recourse to lathi charge and firing of rubber bullets had to be taken.
It is submitted on behalf of the petitioners that the petitioners are not named in the FIR of Mukalmua Police Station Case No. 565/2019. Although the names of the accused are mentioned in the FIR of Mukalmua Police Station Case No. 566/2019, no specific roles has been attributed to the petitioners in the incidents under reference. On the other hand, learned Public Prosecutor has submitted that in the course of investigation, sufficient incriminating materials are found against the petitioners.
The case diaries of both Mukalmua Police Station Case No. 565/2019 and Mukalmua Police Station Case No. 566/2019, as called for, have been received.
The materials in the case diaries are perused. From the materials available in the case diaries, it is revealed that the group of people led by the 20 nos. of accused persons, named in the FIR, had taken part in the incidents equipped with daos, lathis, etc. and had caused damage to properties. I have also perused the photographs of the scene of the incidents, available in the case diaries. The statements of the witnesses recorded in the course of investigation are also perused and the complicity of the petitioners in the incidents are found. It is evident from the materials available in the case diaries, the petitioners herein were very much involved in the incidents and they were the leaders of the mob which destroyed properties on the pretext of carrying out protest on 12.12.2019. In the said incidents, 6 (six) nos. of police personnel and the Circle Officer have received different injuries.
Having found sufficient incriminating materials against the petitioners herein, this Page No.# 7/7 Court is of the considered view that the privilege of pre-arrest bail dispensing with the custodial interrogation, cannot be extended to the petitioners in connection with Mukalmua Police Station Case No. 565/2019 and Mukalmua Police Station Case No. 566/2019. Having found no justification to grant the privilege of pre-arrest bail to the petitioners, this Court finds the applications bereft of any merit and consequently, both the applications stand rejected.
Return the case diaries.
JUDGE Comparing Assistant