Supreme Court Grants Bail In UAPA Case Noting That It Was Applied To Defeat SC Order Of Interim Protection, Condemns Chhattisgarh Police

The Supreme Court on Friday (February 28) deprecated the conduct of Chhattisgarh police in applying the stringent provisions of the Unlawful Activities Prevention Act (UAPA) against an accused soon after he was granted interim protection from arrest in another case.

A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan expressed its strong displeasure with the police action.

"The officer is aware that this court has protected him from arrest and then hurriedly the sections of UAPA are applied. We see the game in this. This is grossest impropriety committed by him. We won't hesitate to initial criminal contempt against him," Justice Oka said.

The state's counsel submitted that the accused had jumped bail in other cases and the UAPA case was added when sufficient material was found in the course of investigation linking him with Naxalite activities. Justice Oka then said that the State ought to have sought the Court's permission.

"Was it not necessary for you to come before the court and seek leave of the court before taking action?," Justice Oka said.

On January 2, 2025, the Court had granted interim protection to the accused in relation to one FIR. Prior to that, an FIR no. 39 of 2024 was registered against appellant at the same police station, in which he was enlarged on bail.

The Court noted in its order that after service of notice of the present case, the SDPO of the police station suddenly applied on 28 January 2025 to the Sessions Judge for adding section 13 of UAPA to FIR 39/2024.

"The police officer was fully aware of the order passed by this court on 2nd January 2025. The minimum which we expected was an application made to this court by the State seeking leave of this court to take action against the appellant in connection with FIR no. 39 of 2024, " the Court observed in the order.

"Obviously, to defeat the interim order of this court 2nd January 2025, the action has been taken by the police against appellant to ensure that he is taken into custody. The interim order dated 2.01.2025 of this court is completely nullified. We deprecate this conduct," the Court added.

"Under our order dated second 17th February, we had indicated that we will consider the prayer for grant of bail in FIR no. 39 of 2024 as well. Considering the fact that it is so apparent that arrest of the appellant in connection to the side offence only with the view to defeat the interim order of this court dated 2nd January 2025, the appellant is entitled to be enlarged on bail in the said case as well," the Court ordered.

Case: MANISH RATHORE Vs STATE OF CHHATTISGARH | SLP(Crl) No. 17921/2024 

Citation: 2025 LiveLaw (SC) 325

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