The Supreme Court on Tuesday said there are certain privileged people who are not caught despite non-bailable warrants against them, while refusing to entertain the anticipatory bail plea of former MP Ateeq Ahmad’s son in a case of kidnapping and assault on a businessman in a UP prison.
A bench comprising Justices N.V. Ramana, Surya Kant and Aniruddha Bose dismissed the plea filed by Mohammad Umar against the December 7, 2020 order of the Allahabad High Court, which declined to grant him anticipatory bail.
“We see no reason to interfere with the impugned order passed by the High Court dismissing the 2nd anticipatory bail application of the petitioner. The Special Leave Petition is, accordingly, dismissed,” the top court said.
The allegation against Umar is that he had beaten up a businessman in the jail, where his father was lodged.
As senior advocate P.S. Patwalia, appearing for Umar, submitted that it is not denied that he had gone to Deoria jail of Uttar Pradesh to meet his father, the bench said that police are not able to catch him and under these circumstances, it is not possible to grant him anticipatory bail.
Umar’s counsel also contended that his client is a young boy and has no criminal history.
In December 2018, businessman Mohit Jaiswal had alleged in an FIR that he was kidnapped from Lucknow and taken to the prison where he was assaulted by both father and son and their aides. Jaiswal had alleged that he was tortured and forced to transfer five of his firms in the name of the former lawmaker.
After this incident, the top court in April 2019 had directed shifting Ahmad to a high security jail in Gujarat for allegedly kidnapping and assaulting Jaiswal. The top court had also ordered a CBI probe into the case.