Judge Questions Cops Over Bijnor Anti-CAA Stir, Grants Bail to 48

A court in Uttar Pradesh's Bijnor has granted bail to 48 people, accused of indulging in violence during the anti-CAA unrest which unfolded in the state in December 2019, news channel NDTV reported on Thursday, 30 January.

Bijnor was one of the worst-hit places during the anti-CAA protest violence in the state. Two people – Anas and Suleiman – were killed in protests on 20 December in Nehtaur in West UP's Bijnor district. A day after the violent protests, Bijnor’s SP Sanjeev Tyagi had admitted that they opened fire in self-defence – which led to the death of Suleiman, while Anas died in public firing.

In its FIR, UP Police had said that a mob of thousands had gathered after Friday prayers on 20 December, and vandalised property, broke vehicles and pelted stones at the police. Further, it had arrested 83 people after violence in a town called Nagina, in Bijnor district.

While hearing the bail application of 48 of the 83 accused, a local court judge tore apart the police's claims. He said that there’s no evidence to back the claims of vandalising property or firing at the police, according to the NDTV report.

“The police FIR says the mob fired at the cops, but no evidence has been presented in court to show any recovery of weapons. Government lawyers have failed to produce any evidence in court, that shows that anyone who was a part of the mob fired at the police,” the judge was quoted as saying.

Further, he said that the police FIR in the case claims that the mob vandalised private as well as government vehicles, and indulged in arson.

However, the NDTV report, quotes the judge as saying that the report was filed 20 days after the violence took place. 

"Government lawyers say 13 policemen sustained injuries in the incident. However, medical reports of all these people suggest that the injuries are very minor in nature," the report further quoted justice Sanjiv Pandey as saying in the 24 January bail order.

The Indian Express also reported discrepancies pointed out by the court order. The judge, according to the order, said that after hearing arguments from both sides, he found out that only one person named in the FIR has been arrested from the spot. Further, he said that no evidence has been placed showing that the accused indulged in vandalising shops or setting houses on fire. “The police has shown that it has seized .315 bore bullets. However, it has not shown any seizure of weapons from any of the accused persons,” the order was quoted by The Indian Express as saying.

“According to the prosecution itself, no police official has received any bullet injury. It has shown that police officials have received injuries due to stone-pelting. However, no evidence has been produced that proves that anyone received serious injuries.”

Court order, cited by The Indian Express

(With inputs from NDTV and The Indian Express)