Throwing non-vegetarian food waste into the river Ganga could hurt religious sentiments of the Hindu community, the Allahabad high court has observed as it granted bail to eight Muslim men accused of organising an Iftar party on a boat in the Ganga in Varanasi, consuming non-vegetarian food and allegedly throwing leftover waste into the river.
In separate orders passed on May 15, justice Rajiv Lochan Shukla granted bail to five accused, while justice Jitendra Kumar Sinha allowed the pleas of three others. Six other accused are yet to secure bail.
In his 16-page order, justice Shukla observed that although the alleged act could “hurt Hindu religious sentiments”, the accused “are apologetic for their actions and even their families also regret the pain that had been caused to the society at large.”
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“Taking note of the entire facts and circumstances of the case, the lack of criminal antecedents of the applicants, the period of detention already undergone and also the apology expressed, as recorded above, prima facie a case for bail is made out,” the court noted.
Justice Shukla granted bail to Mohammad Azad Ali, Mohammad Tahseem, Nihal Afridi, Mohammad Tauseef Ahmad, and Mohammad Anas. The same day, Justice Sinha granted bail to Mohammad Sameer, Mohammad Ahmad Raza and Mohammad Faizan.
{{/usCountry}}Justice Shukla granted bail to Mohammad Azad Ali, Mohammad Tahseem, Nihal Afridi, Mohammad Tauseef Ahmad, and Mohammad Anas. The same day, Justice Sinha granted bail to Mohammad Sameer, Mohammad Ahmad Raza and Mohammad Faizan.
{{/usCountry}}All 14 accused were arrested on March 17 by Varanasi police on a complaint lodged by Bharatiya Janata Yuva Morcha district president Rajat Jaiswal.
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They were booked under various provisions of the Bharatiya Nyaya Sanhita (BNS), including Sections 196(1)(b) (promoting enmity), 270 (public nuisance), 279 (fouling water of public spring or reservoir), 298 (injuring or defiling a place of worship), 299 (deliberate and malicious acts intended to outrage religious feelings), 308 (extortion), and 223(b), along with Section 24 of the Water (Prevention and Control of Pollution) Act, 1974.
The accused approached the high court after a sessions court in Varanasi rejected their bail pleas on April 1.
Opposing the bail pleas, additional advocate general Anoop Trivedi said the accused had desecrated the Ganga and uploaded the video in an attempt to disturb communal harmony.