Aurangzeb tomb row: Bombay HC orders release of 9 accused held for riots in Nagpur; says bail is rule

Nagpur: The Bombay High Court on Wednesday granted bail to nine persons arrested in connection with the riots in Nagpur witnessed in March this year against demands for removal of Mughal emperor Aurangzeb's tomb in Chhatrapati Sambhajinagar district.

Justice Urmila Joshi-Phalke of the Nagpur bench of the high court granted bail to the accused, saying bail is the rule and jail is exception, and that their custody was not required any further.

"Considering the investigation is already completed and chargesheet is already filed, no purpose will be served by keeping applicants behind the bar and the trial will take its own time for its final disposal," it said.

The bench said while there is no dispute that the crime allegedly committed by the accused was against the society, the same can be examined at the stage of trial and not while considering their bail pleas.

It is a settled principle that bail is the rule and jail is exception, the HC said in its order.

It granted bail to the nine accused -- Iqbal Ansari, Ejaz Ansari, Absar Ansari, Izhar Ansari, Ashfaquulla Aminullah, Muzzamil Ansari, Mohammad Rahil, Mohammad Yasir and Iftekar Ansari -- on a personal bond of Rs one lakh each.

Advocate Mohammad Aadil Sheikh, appearing for one of the accused, had argued that the probe in the case was complete and hence the accused should be granted bail.

Large-scale stone pelting and arson were reported in several parts of Nagpur on March 17 after rumours began circulating about a 'chadar' with holy inscriptions being burnt during protests led by the Vishwa Hindu Parishad (VHP) seeking the removal of Aurangzeb's tomb located at Khultabad town in Chhatrapati Sambhajinagar district.

Thirty-three police personnel, including three Deputy Commissioner of Police (DCP)-rank officers, were injured. More than 123 persons, including 19 juveniles, were arrested by the Nagpur police following the riots.

The demand to remove Aurangzeb's tomb had got a renewed push, notably by Hindutva groups, after the release of "Chhaava" movie based on the life of Chhatrapati Sambhaji Maharaj in February this year. Chhatrapati Sambhaji, the second ruler of the Maratha empire, was captured and executed on the orders of Aurangzeb in 1689.