Ashraf Hussain Mansoori (43) in front of his demolished three-storey building
An 18-year-old Muslim teen boy accused of spitting on devotees during the Mahakal Lok procession in Ujjain has been granted bail by the Madhya Pradesh High Court after five months of incarceration.
The Indore bench of the Madhya Pradesh High Court granted bail to Adnan Mansoori, the 18-year-old son of Ashraf Hussain Mansoori and the only adult accused in the case. The court observed that the main complainant and the witness had turned hostile during the trial, stating they had not identified the accused nor agreed with the relevant portions of the FIR.
The main complainant and a key witness, who initially made the allegations, both turned hostile during the trial, prompting the court to grant bail to the accused. The young man had spent over five months in jail based on witness statements and a video allegedly showing him participating in the act.
The controversial case took a twist when the court, presided over by Justice Anil Verma, observed that the complainant and the eyewitness did not support the prosecution's case. Notably, no test identification parade (TIP) had been conducted by the investigating officer, raising questions about the strength of the evidence against the accused.
The police had registered a First Information Report (FIR) under various sections of the Indian Penal Code (IPC), including 295A (outraging religious feelings), 153A (promoting enmity between different groups), 296 (disturbing religious assembly), 505 (statements conducive to public mischief), and 34 (acts done by several persons in furtherance of common intention). Two other individuals, who were minors at the time, were also booked in connection with the incident.
The incident involving the alleged spitting on a Hindu religious procession has led to the demolition of a three-storey building and the arrest of three teenagers, including two minors. The controversial actions, marred by accusations of insufficient evidence and due process violations, have ignited a broader debate on the treatment of minorities, particularly Muslims, in the legal system.
The incident unfolded on July 17, 2023, when a group of Hindu youth accused three teenagers, including two minors, of intentionally spitting on a Hindu religious procession from the roof of their building. Two of the accused were identified as sons of Ashraf Hussain Mansoori, a 43-year-old resident of the demolished building.
The fallout from the allegations was drastic. The Ujjain police arrested the three teenagers under various sections of the Indian Penal Code, including deliberate acts intended to outrage religious feelings, disturbing a religious assembly, and promoting enmity between different groups. The arrest led to a wave of protests and demands for action by Hindu fundamentalists.
The controversy escalated further when, on July 19, municipal officials, accompanied by police, razed the Mansooris' three-storey building. The demolition was carried out under the guise of a backdated notice addressed to Ashraf Hussain Mansoori's deceased mother, leaving a dozen individuals from three families homeless. Most of these individuals had no criminal record and were not accused of any crime.
The demolition, orchestrated with the backdrop of a devotional Hindu song and police escort, drew criticism from legal experts and human rights advocates who deemed it illegal and violative of constitutional rights. The reason cited by the municipal corporation, labelling the building as "dangerous," lacked substantial evidence, as various officials' statements were found to be conflicting.
The controversial case mirrors a pattern of property demolitions in various states, particularly those controlled by the Bharatiya Janata Party (BJP), targeting alleged wrongdoers. The Mansooris' case has drawn parallels with other demolitions that primarily targeted Muslims, prompting concerns about collective punishment and adherence to legal procedures.
Despite the accusations and demolitions, legal experts argue that the arrests and subsequent actions did not follow due process and violated constitutional principles. The fact that the minors were initially denied bail, despite provisions under the Juvenile Justice Act, was deemed an "error" by the court.
The aftermath of the incident has left the Mansooris struggling for shelter, relying on a rented home and reopening their shop, which was also bulldozed during the administration's actions.