The release order was passed by a division bench of Justice ImtiyazMurtaza and Justice DK Upadhayaya on a habeas corpus petition filed by local lawyer RanjanaAginihotri. The court said that if there is no other case pending against the three leaders, the state government should release them immediately.
While Singhal was arrested in Lucknow, Togadia and Rambhadracharya were detained in Ayodhya. They had come to participate in VHP's yatra to garner support for the construction of Ram temple at the disputed site in Ayodhya.
On behalf of the petitioner, advocate HS Jain argued that the three leaders were arrested for violation of section 151 of the Criminal Procedure Code which allows arrest to prevent the commission of cognizable offences. However, as per the law, no person arrested under section 151 can be detained in custody for a period exceeding 24 four hours from the time of his arrest unless his/her further detention is required or authorised under any other provisions of the Code or of any other law for the time being in force. The state government lawyers failed to reply to the queries posed by the court.
Meanwhile, VHP activists protested across the state against the UP government attempts to foil the yatra. The government had banned the yatra on grounds that it may create law and order problem and violate the Supreme Court order to maintain status quo at the disputed site in Ayodhya.
The high court had also upheld the state government's decision. However, despite that, VHP took out the yatra forcing the government to arrest its activists across the state. The government had said all those arrested would be kept in 14-day judicial custody till the date on which the yatra is to conclude, because of possibility that, if released, they would participate in yatra again.
Sources said that the state government was contemplating slapping some more cases against the three VHP leaders or arrest them again soon after the release if they tried to proceed for the yatra again.
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VHP yatra: Allahabad HC orders release of Ashok Singhal, Praveen Togadia
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