Mufti Salman Azhari, a prominent Islamic preacher, has now spent nearly 200 days in jail following his arrest by Gujarat Police.
He was initially detained in Mumbai on February 5 for delivering an allegedly provocative speech within the jurisdiction of B Division Police Station in Junagadh on January 31.
The following week, on February 8, the Kutch East police also registered an FIR and arrested Azhari for a separate speech he purportedly made in Samakhiyari village, Bhachau taluka, on the same date.
Although Azhari was granted bail in the cases registered against him in Junagadh and Kutch East, he faced continued detention under the Gujarat Prevention of Anti-Social Activities Act (PASA).
The Gujarat Prevention of Anti-Social Activities Act (PASA) is typically applied to individuals involved in serious criminal activities that pose significant threats to public safety. This includes individuals engaged in bootlegging, drug trafficking, organized crime, immoral trafficking, and property grabbing.
In the Junagadh and Kutch East cases, Azhari was charged under Indian Penal Code (IPC) Sections 153B, for promoting enmity between different religious groups, and 505(2), for making statements likely to cause public mischief.
Additionally, he faces accusations under IPC Section 298 for uttering words intended to wound religious sentiments in a separate case in Modasa.
The police have also invoked the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, alleging that Azhari made derogatory remarks against the SC community during his speech in Modasa.
Recently, the Gujarat High Court upheld the application of PASA to Azhari, rejecting his plea to have the act removed from his case.
The court’s decision means that Azhari will remain in Vadodara jail. His legal team plans to appeal this decision in the Supreme Court.
The history of Azhari’s case highlights the complexity of the charges against him. In Junagadh, an FIR was filed at B Division Police Station following Azhari’s speech, which allegedly incited communal tensions and was widely circulated on social media.
Similarly, the Kutch East case involved a separate speech delivered in Samakhiyari village. In Modasa, the charges include deliberate attempts to wound religious sentiments, with the added complication of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act due to alleged derogatory remarks.
Despite the bail granted in the initial cases, the imposition of PASA has led to continued detention, with legal proceedings ongoing.