Supreme Court Stays NBW Against Maulana Tauqeer Raza Khan in Bareilly Riots Case

In a recent development, the Supreme Court has granted an interim stay on the execution of the non-bailable warrant (NBW) issued against prominent Muslim cleric Maulana Tauqeer Raza Khan in connection with the 2010 Bareilly communal riots case. The riots, which erupted on March 2, 2010, in Uttar Pradesh’s Bareilly town over a religious procession route, resulted in injuries to many individuals and widespread property damage.

A bench comprising Justices MM Sundresh and SVN Bhatti issued the interim stay order after considering the appeal filed by the cleric against the March 19 order of the Allahabad High Court, which had refused to grant any “indulgence” to Khan regarding the warrant.

The single-judge bench of the Allahabad High Court had directed Khan to appear before the trial court by March 27, 2024, to apply for bail and dispose of his bail application strictly in accordance with the law. However, the Supreme Court noted the lack of reasons given by the high court for its decision and granted an interim stay on the execution of the warrant.

Initially, the state police had arrested Khan and others but did not file a chargesheet against him. However, when Khan failed to appear before the trial court on the set date, a non-bailable warrant was issued against him.

The trial court’s order had drawn attention for its remarks, including a reference to Chief Minister Yogi Adityanath as an example of a religious person holding a position of power. The Allahabad High Court expunged these remarks from the trial court’s order, stating that judicial orders should not contain personal views or political overtones.

While the high court did not grant Khan the relief sought over the NBW, it ordered the removal of unwarranted expressions from the trial court’s order. The Uttar Pradesh government asserted that Khan was the mastermind behind the communal riots in Bareilly and provided sufficient evidence of his involvement in the offense.

The interim stay granted by the Supreme Court provides temporary relief to Maulana Tauqeer Raza Khan as the legal proceedings in the case continue. The case highlights the complex interplay between legal, political, and communal factors in sensitive matters of public interest.

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