Shillong, Aug 11: The single bench of the High Court of Meghalaya has rejected the anticipatory bail application of three activists identified as Labenn Ch Marak (ACHIK), Balkarin Ch Marak(GHSMC) and Bernita R. Mara ( ACHIK) in connection with the Tura violence case of July 24.
According to the government advocates, the witnesses have revealed that the activists were the conspirators of the violent incident in Tura.
During the hearing of the matter on Friday, the court said when there is an express bar under section 43D(4) of Unlawful Activities of Prevention (UAP) Act, the applications under section 438 Cr.P.C cannot be maintained and hence they were rejected.
The petitioners said they came to know from credible sources that it was alleged that they were the actual conspirators of the incident for which reason the police have started looking for them, apparently to arrest them in this connection. Being apprehensive of the likelihood of arrest, the petitioners have approached the court for grant of anticipatory bail.
The counsel for the petitioners has submitted that apart from the number of offences under the Indian Penal Code, the inclusion of the provision of section 13 of the Unlawful Activities (Prevention) Act, 1967 and on prayer by the I/O, two days after the filing of these applications, for inclusion of section 15(1)(b)/16 of the Unlawful Activities (Prevention) Act in the case against the petitioners herein and others was only made to harass the petitioners and to curtail their personal liberty as enshrined in the Constitution of India.
However, the advocate general submitted that the magnitude of what has happened on July 24 , especially involving high dignitaries no less than the Chief Minister, such incident would indeed qualify as an ‘unlawful activity’ coming within the definition as found under section 2(o) of the UAP Act. The punishment for such unlawful activities would therefore be under section 13 of the Act. Again, such act has threatened the unity, integrity and security of the state and is also to attempt to cause death of any public functionary..
