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'Go For Counselling' : MP High Court Puts Bail Condition For Person Arrested Over Anti-CAA Whatsapp Status

Sparsh Upadhyay

4 Dec 2020 3:59 AM GMT

    • Go For Counselling : MP High Court Puts Bail Condition For Person Arrested Over Anti-CAA Whatsapp Status

    The Madhya Pradesh High Court on Thursday (26 November) granted bail to a petitioner (named Anwar) accused of posting a WhatsApp status opposing the passing of the Citizenship Amendment Act 2019 (CAA). Notably, the Bench of Justice Virender Singh granted him bail on the condition that he will have to present himself before Advocate and Social Worker Mrs. Rashmi Pandey in the first...

    The Madhya Pradesh High Court on Thursday (26 November) granted bail to a petitioner (named Anwar) accused of posting a WhatsApp status opposing the passing of the Citizenship Amendment Act 2019 (CAA).

    Notably, the Bench of Justice Virender Singh granted him bail on the condition that he will have to present himself before Advocate and Social Worker Mrs. Rashmi Pandey in the first week of February, March and April 2021 for counselling purpose and follow her instructions.

    The Case against the petitioner

    It was alleged by the prosecution that his (Anwar's) WhatsApp status was found to be prejudicial to the maintenance of religious harmony and could have adversely affected public tranquility.

    It may be noted that the bail applicant updated his WhatsApp status and wrote, "You shot a bullet in Delhi, we made MP and Shajapur Shaheen Bagh (NO CAA NRC)." 
    Thereafter, a case was registered against him under Sections 188 and 505 (2) of the Indian Penal Code.
    Pursuant to this, the petitioner was arrested on 2nd July 2020 and since then he was under detention. After the investigation in the case, a charge sheet was filed by the police.

    Court's order

    The Court, in its order, noted that the petitioner promised before the Court that in future, he will not commit any act which incites such feelings or affects national identity and integrity and he will submit an affidavit/undertaking before the subordinate court to this effect.

    Thereafter, the petitioner was directed to be released on his producing a personal bond of 30,000/- (thirty thousand) to the satisfaction of the subordinate court.
    As mentioned, he has been ordered (as a bail condition) to be present before Advocate & Social Worker Mrs. Rashmi Pandey in the first week of February, March and April 2021 for counselling purpose.
    Significantly, the Court in its order also said that if any contrary report is given by Mrs. Pandey regarding the conduct of the petitioner (Anwar), "then the benefit given to the petitioner could be reconsidered."
    Few months back, a Delhi Court, while granting bail to a protester at Shaheen Bagh, imposed a condition that he should not make any social media posts about CAA-NRC.
    Also, while granting bail to persons arrested over alleged violence during Seemapuri protests against CAA in Delhi, a Delhi Court asked the police to "remove their doubts in respect of CAA"
    Case title - Anwar v. State of Madhya Pradesh [MCRC No. 45683/2020]
    Click Here To Download Order
    [Read Order]

    Tags
    CAA-NRCBail ConditionMadhya Pradesh High CourtWhatsApp StatusShaheen baghAccused CounselingMP HCJustice Virender Singh
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