The Allahabad High Court recently comprising of a bench of Justice Ajay Bhanot directed the State Government of Uttar Pradesh, in consultation with the highest military authorities, to consider framing a code or regulations laying down the protocol for receiving and bearing the carriage of mortal remains of soldiers martyred in the line of duty, for the funeral rites and any other allied matters.(Vivek Yadav Alias Surya Prakash Yadav v. State of U.P.)
The bench ordered, "the exercise is liable to be completed within a period of six months".
Facts of the case
By means of the bail application, the applicant prayed to be enlarged on bail in Case Crime at Police Station Chauri-Chaura, District Gorakhpur under Sections 147, 148, 149, 332, 333, 353, 307, 427, 336, 290, 291, 120-B, 188, 436 IPC and Section 7 Criminal Law Amendment Act and Section 3/4 Prevention of Damages to Public Property Act. The applicant has been in jail since 14.04.2022.
The bail application of the applicant was rejected by the Additional Sessions Judge, Gorakhpur, on 19.05.2022.
Contention of the Parties
Bipin Kumar Tripathi, counsel for the applicant, contended that the applicant has been falsely implicated in the case. Dhananjay Yadav, a young serving soldier in the Indian Army, had fallen in the line of duty. Disrespect was shown to the martyr by the civil administration. The number of citizens came out to protest against the callous attitude of the district administration and their failure to observe proper protocol to honour the martyr. 56 named and 100 unknown persons were nominated as accused in the FIR. The FIR was lodged only to divert attention from the said failure of the district administration and to stifle democratic dissent.
The applicant has not been identified as the principal offender, who inflicted any grievous injuries or caused any damage to public property. He was peacefully exercising his democratic rights to flag the high-handed actions and apathy of the local administration. Prosecution evidence does not connect the applicant with the offence. The applicant is a young student with a bright future.
Counsel for the applicant lastly submitted that the applicant does not have any criminal history apart from this case.
Courts Observation and Judgment
The bench at the very outset observed, "I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed."
The bench imposing conditions on the release of the accused on bail observed, "Let the applicant- Vivek Yadav Alias Surya Prakash Yadav be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.
In case of breach of any of the above condition, the prosecution shall be at liberty to move the bail cancellation application before this Court."
The bench further observed, "Violence has no place in a democratic polity, and cannot be condoned under any circumstances. Non violence is the creed of democratic protests. Law will take its course against the accused who resorted to violence. However before parting some facts were brought to the notice of the Court which deserve mention. It is asserted that the mortal remains of the brave soldier who fell in the line of the duty were not received and treated with due State honours befitting a national hero. These are matters of fact which can be ascertained only after due enquiry. The State Government shall cause an enquiry to be conducted into the matter.
A nation that does not honour its martyrs who lay down their lives to protect freedom and preserve the peace, will forfeit its freedom and have no peace. India has known the cost of slavery, and Indians have never hesitated to pay the price of freedom. For the Republic to endure and liberty to survive martyrs have to be revered, and their deeds always remembered. The solemn obligation of the State is to accord full honours to military heroes who make the ultimate sacrifice in defence of the country. Duty is cast on a grateful nation to ensure that the patriots do not go unwept, unhonoured and unsung.
The State in consultation with the highest military authorities shall consider framing of a code or regulations laying down the protocol for receiving and bearing the carriage of mortal remains of soldiers martyred in the line of duty, for the funeral rites and any other allied matters . The exercise is liable to be completed within a period of six months."
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