In a recent decision concerning the Banbhoolpura riots, the Uttarakhand High Court has transferred the bail application of the alleged mastermind, Abdul Malik, to the trial court for consideration. The division bench, led by Chief Justice Guhanathan Narendar and Justice Manoj Kumar Tiwari, directed the trial court to decide on the matter within four weeks.
During the court proceedings, senior Supreme Court advocate Salman Khurshid, representing Malik, argued that the High Court held jurisdiction to hear and grant the bail application. Khurshid asserted that Malik was not in the area when the riots occurred on February 8, 2024.
On the other hand, senior advocate R Basant, representing the Government of Uttarakhand, countered that Malik, while not physically present at the site, had orchestrated the events as a co-conspirator. “Keeping this in mind, he has been charge-sheeted as a conspirator,” Basant stated, advocating for the trial court’s comprehensive review of the bail application. He suggested that if the trial court denies bail, Malik could then seek recourse at the High Court.
The High Court, after considering the arguments, decided to remit the case to the trial court, emphasizing the necessity for a detailed examination of the case specifics by the lower court.
