SC lawyer Ashwini Upadhyay gets bail in Jantar Mantar case; 'No proof role in hate speech'

A day after being sent to judicial custody, Delhi's Patiala court has granted bail to former BJP spokesperson and Supreme Court lawyer Ashwini Upadhyay in a hate-speech case. The bail has been granted against a bond of Rs 50,000. 

A case was registered against Ashwini Upadhyay on Monday after a video raising communal slogans during a protest at Jantar Mantar went viral on social media. Upadhyay, along with four accused Vinod Sharma, Deepak Singh, Vinit Kranti, Preet Singh and Deepak were arrested and sent to judicial remand. 

"Ashwani Upadhyay and others involved in Sunday (August 8)'s incident to be arrested. Delhi Police is handling the matter as per law and any communal disharmony will not be tolerated," the police had said.

During the Wednesday hearing, the court observed that there is nothing on record to show that Upadhyay was involved in the alleged hate speech. 

"As far as the offence under setion 53A IPC is concerned except for mere assertion, there is nothing on record to show that the alleged hate speech to promote enmity between different groups was done in the presence or at the behest of the applicant/accused. Even during the hearing, this Court has inquired from Ld. APP and so far, there is nothing against the accused in the alleged video," the bench observed. 

The court also said this is not a case where there are chances that the accused will abscond. "Conspiracy is no doubt hatched behind closed doors and the investigation is at a nascent stage, however, it does not imply that the liberty of a citizen should be curtailed on mere assertions and apprehension," it added. 

Jantar Mantar hate-speech case

According to Delhi DCP Deepak Yadav, people had gathered at Jantar Mantar without permission and some people raised inciting and objectionable slogans during the protest. 

"We have also received a video and have registered FIR in the case. We're carrying out further investigation into the matter. Necessary action will be taken at the earliest," he said. 

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) have been slapped against the accused - Upadhyay, Vinod Sharma, Deepak Singh, Vinit Kranti, Preet Singh, and Deepak. 

Upadhyay had claimed on Monday that the slogans were raised after the formal event was over, and he was not familiar with the people seen in the videos. He also denied being the organizer of the Jantar Mantar event. “

"I don’t have any relation with Save India Foundation Trust. I was a guest like RVS Mani, Firoz Bakht Ahmed,  Gajendra Chauhan. We reached at around 11:00 and left at 12:00. I never met these miscreants. I wish to meet you tomorrow morning to give my written statement,” he said in a statement to the police.

Upadhyay had earlier tweeted several photos and videos of the event but now appears to have deleted them from his Twitter account.