The Haryana Police used the Unlawful Activities (Prevention) Act in four cases related to the July 2023 Nuh riots against sixty-three people, including Congress leader and MLA Mamman Khan. New sections were added under the UAPA in January 2024. UAPA provisions were incorporated into three First Information Reports (Nos. 253, 257, and 401) on 8th January, according to a status report that the police filed with the court.
Twenty people have been indicted in these cases and the majority of them are locals of Mewat region. The events are connected to the killings of two home guards and a devotee in the Shobha Yatra as well as a mob attack on the Nuh cyber police station. A week later, the police invoked UAPA in official complaint No. 149 as well, where the lawmaker from Firozpur Jhirka is named as one of the 43 perpetrators.
The assault on participants of the yatra at Badkali Chowk, on 31st July, the day violence broke out in Nuh, is described in detail in the FIR. All of the accused mentioned in the present proceeding are released on bail. However, the UAPA, which forbids the provision of bail for at least a year following incarceration means that all of them could be sent behind bars once more. Lawyer Manish Shandilya, who represents several of the riot victims, stated on 21st February that police had the authority to summon the offenders again for questioning.
Shandilya remarked, “Their bail can be cancelled, leading to arrests.” He also argued against giving bail to Mamman Khan last year. On the other hand, the latter’s lawyer Tahir Hussain Rupadiya said, “There is no ground for police to add UAPA (against his client). We will challenge it in court.” Although the accusations were not part of the original FIRs, court records indicated that they were added to the complaint that was brought before the judge to refute the accused’s request for bail.
The action by the Nuh Police came after six people were killed when Islamists attacked a Hindu procession arranged by the Vishva Hindu Parishad (VHP) and the Bajrang Dal, which led to widespread violence and arson in Nuh and adjoining areas. According to the police report, one of the culprits informed the investigators that, prior to the disturbances, Mamman Khan had arranged for money (Rs 500 each) to be delivered to the miscreants through local sarpanchs. Furthermore, it asserted that incendiary posts were spread via WhatsApp groups bearing the legislator’s name including Youth Team Mamman Khan and IT Cell Mamman Khan.
Following the addition of a fresh First Information Report (FIR) to the roster of those subjected to UAPA, the police presented the names of forty-three additional accused parties in the challan to the Nuh Chief Judicial Magistrate court on 20th February.
Nuh superintendent of police Narender Bijarniya said, “He played an important role in spreading rumours during the Nuh violence and was in touch with some suspects involved in pelting stones and setting vehicles on fire. He has also been accused of paying people to attack the Braj Mandal yatra and create a ruckus.”
