The Allahabad High Court has rejected the bail plea of Congress MLA Ajay Rai who is in jail in connection with cases filed against him by Uttar Pradesh government following violence that erupted in Varanasi in September during a procession taken out by Hindu religious leaders.
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.
Rai, who represents Pindra constituency in the state assembly, was named in FIRs lodged lodged under IPC sections relating to dacoity, unlawful assembly, obstructing public servants in discharge of their duty and damage to public property.
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".
Incidentally, Rai was also the Congress candidate from Varanasi in the Lok Sabha elections last year. He finished a distant third and ended up forfeiting his deposit in what turned out to be a one-sided contest with Prime Minister Narendra Modi defeating his nearest rival Arvind Kejriwal of Aam Aadmi Party by a margin of 3.71 lakh votes.
