The Supreme Court has declined the state government plea to cancel the bails granted to Mohammed Bin Omer Yafai alias Mohammed Pahelwan and his family members allegedly involved in the MIM MLA Akbaruddin Owaisi attack case but referred back the matter to Andhra Pradesh High Court. The Apex court has also set aside the orders of the A P High court that were issued for registering a case against the Akbaruddin Owaisi, Jani Miyan gunman and others.
The double bench comprising Justice B S Chauhan and Justice A Kheir while disposing the Government’s petition directed the High Court to take up the matter of bail again as there were no specific reasons mentioned by the lower court granting bail to the accused.
The court has also asked the High court to dispose the matter within four weeks and till then all the accused Mohammed Pahelwan, Hasan Bin Omer yafai, Esa Bin Younus Yafai, Yahiya Bin Younus Yafai, Faisal Bin Ahmed, Fazal Bin Ahmed, Younus Bin Omer Yafai, Bahadur Ali Khan alias Munawar Iqbal and Awad Bin Younus Yafai will remain on bail. In case the matter is not dispose in stipulated time the accused are entitled to seek interim bail. In September 2011 the state high court granted bail to the accused.
The state government has approached the Supreme Court seeking the cancellation of bail granted to the accused persons allegedly involved in the attack on Akbaruddin Owaisi. Pleading that the accused might influence the witnesses in the case.
In its observation the Apex court has found that the accused in their bail plea filed with the High Court did not pleaded for registering a case against the Akbaruddin Owaisi but the judge ordered to register the case and investigation for the same. More than four months after the attack on MIM MLA Akbaruddin Owaisi by his rivals near Barkas in the Old City, police In september registered a case against Akbaruddin and two others, charging them with murder and criminal conspiracy. Akbar was attacked in April 2011.
–Siasat News