'UAPA added to defeat our order': SC raps Chhattisgarh police over arrest, grants bail

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The Supreme Court on Friday came down heavily on Chhattisgarh Police for booking a man under the Unlawful Activities Prevention Act (UAPA) days after it gave him interim protection from arrest in a murder case.

A bench of Justices Abhay S Oka and Ujjal Bhuyan said the UAPA charge was added by the police with an intent to defeat its January 2 interim bail order and granted him bail.

"Considering fact that it is so apparent that appellant was arrested only to defeat January 2 order, appellant is entitled to be bail in said case. Appeal allowed. The appellant shall be enlarged on bail," the bench said.

The bench went on, "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 it as "gross impropriety", the bench deprecated the conduct of the police official and warned him of contempt for an overreach of the court order.

"This is gross impropriety committed by the police officer. We will not hesitate to initiate action for criminal contempt of court. He was aware of orders of this court," the court told the the counsel appearing for Chhattisgarh.

The counsel submitted the accused had jumped bail previously and there was sufficient material to show that he was involved in "Naxal" activities.

The court, however, made its order of interim protection absolute and granted bail to the accused.

The top court was hearing an appeal filed by Manish Rathore, working as content writer for a news agency, challenging an order of Chhattisgarh High Court that refused him anticipatory bail in a murder case.

The high court rejected his plea observing the material collected during investigation and placed on record showed his involvement in the murder and he had a criminal record.