By Arun Pratap Singh
Dehradun, 28 Nov: The bail plea of Abdul Malik, the main accused and alleged conspirator in the Banbhulpura violence in Haldwani was heard today by the Nainital High Court. Mailk is being represented by senior Congress leader and leading Supreme Court lawyer Salman Khurshid in the High Court. After reviewing the case, the division bench comprising Acting Chief Justice Manoj Kumar Tiwari and Justice Vivek Bharti Sharma declined to grant any immediate relief to Abdul Malik. The next hearing has been scheduled for 16 December.
It may be recalled that Malik has been granted relief in a related case which concerns encroachment of government land. Today, in compliance with a prior court order, the state government submitted its objections to Abdul Malik’s bail plea. The prosecution lawyers described Malik as the primary accused and conspirator in the Haldwani violence, which led to multiple deaths. The government also cited serious charges filed against him, stressing on the gravity of the case, in its response to the court. The division bench will further deliberate on the matter on 16 December and today refused to grant any immediate relief to Malik.
It may be the recalled that on 8 February this year, large scale violence had erupted allegedly at the instigation of Malik and others when the Nainital District Administration with the Municipal officials and a police force had gone to Banbhupura area in Haldwani to vacate the government land encroached upon mostly by members of a particular community. The area in question is where the encroachers had allegedly illegally constructed a Namaz Sthal, which was to be demolished. Those who indulged in violence had not only indulged in stone pelting on the police and other administration officials but also gravely injured many of them. The incident involved heavy stone-pelting, arson, and firing, resulting in injuries to officers, journalists, and policemen, as well as multiple fatalities. Significant damage was inflicted on both public and private property.
In his plea, today, Abdul Malik, through his lawyers has claimed that he has been wrongfully implicated in the case. He argued that, on the day of the incident, he was in Delhi and not present in the area. He further alleged that the charges against him, including inciting violence and supporting rioters, were baseless.
Senior advocate Salman Khurshid, representing Abdul Malik, contended that Malik had committed no crime and questioned the legitimacy of the charges filed against him. He argued that Malik should be granted bail, especially in view of the fact that the court has already granted bail to over 50 individuals involved in the violence. He also reminded the Court that Malik has been previously granted bail by a single bench in the encroachment case.
However, after hearing the arguments, the court chose not to provide any relief to Abdul Malik and adjourned the case to 16 December for further proceedings.
