The Allahabad High Court has observed that throwing non-vegetarian food leftovers into the Ganga could wound the religious sentiments of Hindus while granting bail to five men accused in the controversial Varanasi boat-party case.
Justice Rajiv Lochan Shukla made the remarks while hearing bail pleas filed by five of the 14 Muslim men arrested after an iftar gathering held on the river in March. According to the allegations, some participants consumed chicken biryani during the gathering and later discarded food remnants into the Ganga.
In the order passed on May 15, the Court noted that the incident, if true, carried the potential to offend members of the Hindu community because of the sacred status attached to the river.
At the same time, the Court underlined that the accused and their families had expressed remorse over the controversy triggered by the incident. The judge said the affidavits filed before the Court reflected “genuine remorse” for the actions attributed to them, even though bail proceedings do not require an admission of guilt.
The Court also questioned parts of the prosecution story, particularly the allegation that the accused had forcibly taken control of the boat. It pointed out that the boatman had not immediately approached police with claims of extortion or coercion, observing that the delay weakened the credibility of that accusation at the preliminary stage.
Another factor weighing in favour of bail was the nature of the offences initially invoked. The Court noted that most of the charges did not carry punishment exceeding seven years. Since the accused had remained behind bars since March 17, bail was considered appropriate.
In a separate order delivered the same day, Justice Jitendra Kumar Sinha granted bail to three additional accused. The Court recorded their undertaking that they would avoid engaging in similar activities in the future and would submit affidavits before the concerned court and police station.
The criminal case stems from a complaint filed by Rajat Jaiswal, city unit president of the Bharatiya Janata Yuva Morcha in Varanasi. The FIR accused the men of hurting religious sentiments by consuming non-vegetarian food on a boat in the Ganga and throwing the waste into the river.
Police initially booked the accused under multiple provisions of the Bharatiya Nyaya Sanhita dealing with religious insult, promoting enmity, public nuisance, fouling public water sources and violation of official orders, along with provisions of the Water (Prevention and Control of Pollution) Act.
Investigators later added graver charges, including extortion under threat, after boat owners alleged that the vessel had been taken forcibly. Section 67 of the Information Technology Act was also invoked over the circulation of videos related to the gathering.
