'Not a Taliban state': Court rejects pre-arrest bail to accused in hate speech case

India is not a "Taliban state", a Delhi court observed while rejecting the anticipatory bail petition of Bhupender Tomar alias Pinky Chaudhary on August 21. Additional Sessions Judge Anil Antil was hearing a plea by Tomar who is one of the main accused in the Jantar Mantar anti-Muslim sloganeering case. The president of the 'Hindu Raksha Dal' argued that the police might register a fabricated case against him at the behest of his opponents to harm his prestige in the eyes of the people. Claiming that he did not chant slogans against any religion, Tomar asserted that he was not named in the FIR.

However, the Public Prosecutor stressed that the accused and his accomplices tried to create communal disharmony and incited the youth against a particular religion. Referring to the video played before the court, the judge stated that it was indicative of the design of Tomar to promote hatred. While acknowledging that the right to freedom of speech is a fundamental right, he stressed that it is not absolute. 

The court observed, "We are not a Taliban state. Rule of law is the sacrosanct governing principle in our plural and multi-cultural society. While the whole of India is celebrating AZADI KA AMRUT MAHOTSAV, there are some minds still chained with intolerant and self-centric beliefs. The complicity of the applicant/accused in the alleged case crime is prima facie apparent from the material placed before the court. The accusations are serious and the offence alleged is severe in nature; History is not immune where such incidents have fared communal tensions leading to riots and causing loss to life and property of general public." 

The hate speech case

Incendiary slogans against Muslims were allegedly shouted at an event organized by the Bharat Jodo Andolan near Parliament in the national capital on August 8. The protesters called upon the Centre to repeal colonial-era laws before the 75th Independence Day in 2022. Confirming that the protest was held under BJP leader and Supreme Court advocate Ashwini Upadhyay's leadership, Bharat Jodo Andolan media in-charge Shipra Srivastava told the media, “The protest was held against colonial laws and demanding to abolish 222 British laws. We have seen the video, but have no idea who they are". 

The police registered an FIR against unknown persons after taking cognizance of the multiple videos going viral on social media in this regard. Two days later, the Delhi Police arrested 6 persons including Upadhyay in connection with this case. IPC Sections 153A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) and 188 (disobedience to order duly promulgated by a public servant) were slapped against the accused- Upadhyay, Vinod Sharma, Deepak Singh, Vinit Kranti, Preet Singh, and Deepak. On August 11, a Delhi court granted bail to the BJP leader.