On Thursday, July 25, the Supreme Court granted bail to Syed Asim Ali, a man accused of conspiring in the 2019 murder of Hindu Samaj Party leader Kamlesh Tiwari. The decision was made by the Bench of Justices Abhay S Oka and Augustine George Masih, who highlighted that Ali has been in custody for over four and a half years.

In their observations, the Justices considered various factors before granting bail. They noted Ali's alleged role in the crime, which included maintaining contact with the main accused and providing him with legal support. However, they also pointed out that Ali had no prior criminal record, and importantly, the U.P. Gangsters and AntiSocial Activities (Prevention) Act, 1986, was not applied to his case.

The Court's decision to grant bail also involved setting aside an earlier ruling by the Allahabad High Court, which had denied bail to Ali in April of this year. Additionally, it's worth noting that in 2021, the Supreme Court had moved the trial of this high-profile case from Lucknow to Prayagraj, reflecting the sensitivity and complexity of the legal proceedings involved.

Kamlesh Tiwari, a Hindu Samaj Party leader, was brutally murdered in Lucknow in October 2019, suffering both stabs and a gunshot wound. The Uttar Pradesh Police revealed that back in 2016, two primary suspects, Mohammad Mufti Naeem Kazmi and Imam Maulana Anwarul Haq, had allegedly issued a fatwa (religious decree) promising hefty sums—Rs. 51 lakhs and Rs. 1.5 crores, respectively—to anyone who could execute Tiwari. This was reportedly due to Tiwari's controversial remarks about the Prophet.

The police's thorough investigation not only pinpointed the two assailants but also uncovered a broader conspiracy, leading to the filing of a charge sheet against 13 individuals, including the person who recently received bail. The gruesome nature of the murder was confirmed by the post-mortem report, which noted multiple stab wounds, a slit throat, and a firearm injury inflicted on Tiwari.

This complex case, characterized by "extreme communal hatred," was previously brought before the Single judge bench of the High Court, which had denied bail, categorizing the killing of Tiwari as a "brutal daylight murder."

In its judgment, the Court acknowledged substantial evidence indicating that the applicant-accused was actively involved in the crime, participating as part of a larger conspiracy. A specific role was assigned to him, which involved providing legal assistance to the main assailants should they be arrested. Additionally, electronic evidence revealed that the applicant had made multiple phone calls to the main assailants shortly before the crime was committed.

Given the gravity of the crime and the legitimate concerns about the potential influence on witnesses, the Court found it necessary to deny bail to the appellant. This decision underscored the seriousness with which the judiciary is treating the case, reflecting the broader implications of ensuring justice in instances of severe communal violence and conspiracy.

Kamlesh Tiwari Murder

Kamlesh Tiwari, the leader of the Hindu Samaj Party, met a tragic end on October 18, 2019, when he was murdered in his own home located in the Naka Hindola area of Lucknow. The assailants, posing as associates interested in working for his political outfit, used this pretext to approach and ultimately kill him.

In a separate incident, Tiwari, who previously led the Hindu Mahasabha, was assassinated at his office in Lucknow by two individuals, Ashfaq and Moinuddin, who hailed from Surat.

The background to these brutal attacks stretches back to 2015, when Kamlesh Tiwari was arrested by the government led by then Chief Minister Akhilesh Yadav. This arrest followed his controversial remarks about Prophet Mohammad, which sparked significant unrest. Massive riots and protests erupted in response, particularly within Muslim communities in Deoband, Saharanpur, and West Bengal, where there were loud calls for his execution.

Tiwari's legal troubles escalated as he was detained for over a year under the National Security Act. However, in September 2016, this decision was overturned when the Allahabad High Court quashed the NSA charges against him, leading to his subsequent release. His arrest and the charges levied against him due to his remarks caused widespread outrage across the nation, especially among Hindu groups.