The Lucknow bench of Allahabad High Court has ordered the release of a Bahujan Samaj Party (BSP) worker after rejecting charges against him filed under National Security Act (NSA) for allegedly leading a riot in Faizabad last year.
Shobhit Kapur,a local leader and resident of the Chowk area of Faizabad,was arrested by police for his involvement in the riot on October 24,2012 .
He was charged with leading the mob that looted and burned about 100 shops in the area.
The charges under NSA were slapped on Kapur by the then Faizabad District Magistrate,AK Shukla after the same was recommended by then SSP,DS Yadav.
But a bench of justices Imtiyaz Murtaza and Devendra Kumar Upadhyay,hearing a writ petition filed on behalf of Kapur,quashed the NSA charges saying they were illegal.
The bench then issued instructions for Kapur’s immediate release.
Thereafter,the acting Faizabad DM,AP Singh,issued the release orders for Kapur late Tuesday.
The petition stated that though a representation regarding Kapur’s case was sent to the Centre in December last year,a decision on it was taken only in February 2013.
The bench said that the representation was pending from December 17 last year till it was disposed of on February 2.
But the counter-affidavit filed on behalf of the Centre does not explain the delay in disposing of the representation,the court pointed out.
“We are of the opinion that on account of this unexplained delay,further detention of the petitioner is vitiated,” the court said,adding that,”Further detention of the
petitioner is hereby set aside”.
It directed that Kapur be freed forthwith unless wanted in any other case.