The Allahabad High Court has granted interim protection from arrest to a person who was booked under the Gangsters Act by the Uttar Pradesh government for his alleged involvement in the vandalism during the protests against the Citizenship (Amendment) Act and the proposed nationwide National Register of Citizens (NRC) last year.
Mohammad Shoaib, who is out on bail in the vandalism case, had filed a petition for quashing the FIR against him dated June 20 under Sections 2 and 3 of the UP Gangsters and Anti-Social Activities (Prevention) Act at Qaiserbagh, Lucknow.
He had been arrested in connection with the vandalism that took that place in the Qaiserbagh area on December 19, 2019, but was granted bail by a local court. However, on June 20, the Lucknow police booked him and 14 others under the Gangsters Act in a fresh case, claiming that they functioned as a criminal gang.
Counsel for the petitioner submitted in court that the imposition of the Gangsters Act and lodging of the FIR were mala fide and stated that the petitioner was not part of any gang.
A division bench of Justices Pankaj Mithal and Jaspreet Singh after hearing both sides observed that the petitioner shall not be arrested till the submission of the report under Section 173 (2) of the CrPC, provided he participated and cooperated with the investigation.
The Lucknow bench of the court, in an order dated August 25, also directed that the investigation should be completed “most expeditiously”.
Ashma Izzat, lawyer for the petitioner, said the court order meant that Mohammad Shoaib could not be arrested till the charge sheet in the case was filed. “When the charge sheet is filed, we will challenge that”, she said.
