SC questions invocation of UAPA in Haldwani violence case, refuses to interfere with Abdul Malik's bail

New Delhi: The Supreme Court on Friday dismissed the Uttarakhand government's plea challenging the bail granted to Abdul Malik, an accused in the 2024 Haldwani violence case, while expressing serious reservations over invoking the Unlawful Activities (Prevention) Act (UAPA) in the matter.

A three-member bench comprising Chief Justice of India Surya Kant and justices Joymalya Bagchi and V Mohan refused to interfere with the Uttarakhand HC's order granting bail to Malik, holding that even if the HC's reasoning was deficient, there was no reason to interfere in a matter concerning personal liberty. The case stems from an April order of the Uttarakhand HC granting bail to Malik, who faces charges under various provisions of the Indian Penal Code, UAPA, the Arms Act, and other penal statutes in connection with the February 8, 2024, Banbhoolpura violence in Haldwani. The High Court had noted that the investigation showed Malik was not present at the spot during the incident and that a co-accused, including his son Abdul Moied, had already been granted bail.

The Uttarakhand government's counsel argued that the HC had granted bail through a non-speaking order despite Malik being the "main conspirator" behind the violence and his physical absence from the spot was immaterial. The counsel further argued that the strict conditions under Section 43D(5) of the UAPA were not considered. However, Justice Joymalya Bagchi, speaking for the bench, questioned the invocation of the UAPA in the matter. In response, the state's counsel argued that the case involved arson and hurling of petrol bombs at a police station.


"If a mob goes and burns down a police station, will that per se attract UAPA?" Justice Bagchi asked.

The state's counsel said that the UAPA gets attracted if there is a threat to public order. Justice Bagchi responded by saying that there was a distinction between public order and national security.