Haryana Court Grants Bail To Rambhagat Gopal In Alleged Communal Speech Case

The act of the accused i.e. hate speech qua instigating abduction and killing of girls and persons of a particular religious community is itself a form of violence and such people and their inflammatory speeches are obstacle to the growth of a true democratic spirit," observed the Court.

Denying him bail, the Court said that enlarging him on bail despite his heinous crime which amounts to divide of the peaceful society on the basis of religion or caste would give the wrong message to the divisive forces.

Significantly, the Court has also said:

"Our Constitution even gives protection to non-citizens of India then its the duty of the state as well as the Judiciary to ensure that Citizens of India of any religion or faith or caste should not feel unprotected and that such hate mongers cannot walk freely without any fear."

Noting that religious tolerance is the need of the time and not the Intolerance, the Court had observed that it is necessary for individual within the society to get along, especially when a variety of cultures and the people with different religious beliefs live in one community or nation.

Hence, observing that the alleged offenses committed by the accused person are very serious and severe in nature and that the consequences of these kinds of activities may be far more dangerous and it may translate into communal violence, the Court had denied him bail.

Lastly, the Court had also observed thus:

"At this juncture, rights of the accused of his personal liberty cannot be preferred against the right of the society in peaceful communal harmony and balance lies in favour of the later."

Thereafter, Gopal moved the Sessions judge against this order.