Hisar Court Grants Anticipatory Bail in Decade-Old Jat Reservation Agitation Case
In a significant legal development concerning a long-pending case linked to the Jat reservation agitation, a Hisar court has granted anticipatory bail to an accused, Karambir Dhillon, a resident of Adarsh Colony, Azad Nagar, Hisar. The court observed serious procedural lapses and found no justification for arrest after more than a decade has passed since the incident.
Court Order and Background of the Case
The order was passed by Additional Sessions Judge Manglesh Kumar Choubey in Hisar. The case originates from an FIR registered in 2010 during protests demanding reservation for the Jat community. According to the prosecution, a mob of approximately 100-150 persons allegedly stormed a police post in Azad Nagar, raised slogans against the administration, and set the premises on fire, damaging official property, furniture, and police belongings.
The case was registered under various sections of the Indian Penal Code, including rioting, arson, and unlawful assembly, along with provisions of the Prevention of Damage to Public Property Act. Despite the gravity of these allegations, the court noted that the petitioner was never arrested during the investigation, and the chargesheet was filed in 2010 without taking him into custody.
Procedural Lapses and Court Observations
Over the years, warrants remained unexecuted, and in 2015, Karambir Dhillon was declared a proclaimed person. However, the court identified critical flaws in this declaration. It observed that the mandatory procedure under Section 82 of the Code of Criminal Procedure for issuing a proclamation was not properly followed. There was no evidence that the petitioner had been duly notified or that the proclamation was executed in accordance with the law.
Furthermore, the court took note of the prosecution's failure to file a reply opposing the bail plea despite multiple opportunities. The judge even remarked on the casual conduct of the Station House Officer during the hearing, highlighting a lack of diligence in pursuing the case.
Context of Jat Reservation and Bail Conditions
Importantly, the court observed that the issue of Jat reservation, which triggered the unrest in 2010, has largely settled over time. Given this context and the procedural delays, the court found no compelling reason to arrest the petitioner at this stage.
Granting relief, the court directed that if arrested, Karambir Dhillon be released on bail upon furnishing bonds of Rs 50,000 with one surety. He has also been directed to join the investigation and appear before the trial court as required, ensuring compliance with legal proceedings moving forward.
This ruling underscores the importance of adhering to procedural norms in criminal cases and reflects judicial scrutiny over delayed actions in long-pending matters. The decision may set a precedent for similar cases where arrests are sought years after the alleged incidents, especially when linked to socio-political movements that have since evolved.
