Justice Rajesh Dayal Khare passed the order on November 23, observing that in the bail application of Rai, who is in jail since October 7 and detained under stringent National Security Act, "no good ground is made for enlarging the applicant on bail".
Violence had erupted on October 7 in Varanasi during a "Pratikar" (retaliation) rally called by supporters of one Swami Avimukteswarananda who was lathicharged by police on the intervening night of September 22-23 during the immersion of idols of Lord Ganesha in the Ganga.
It was contended by the counsel for the Congress MLA that he was being "victimized on account of political reasons and the role of instigation has been assigned to him without there being any evidence".
However, the state government maintained that Rai was "actively involved in leading the procession" which was taken out in violation of prohibitory orders and that the incidents of assault on policemen, administrative officials and general public and destruction of public property would not have taken place "had there not been any instigation by the applicant".