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Kerala Court Cancels Bail Granted To Ex-MLA PC George In Hate Speech Case

Hannah M Varghese
25 May 2022 11:15 AM GMT
Kerala Local Bodies Election
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P C George MLA

He was granted bail hours after his arrest by a Judicial Magistrate with strict conditions.

A Magistrate Court in Kerala on Wednesday cancelled the bail granted to senior politician P.C George earlier this month in a case where he made communal remarks against the Muslim community in a speech.

Thiruvananthapuram First Class Judicial Magistrate Court revoked the bail accepting the prosecution's submission that George violated his bail conditions, one of them being to refrain from making any hate speeches while he was on bail. The Court has also held that the jurisdictional police was free to arrest him.

"The speech made by the accused can be considered as a violation of the fourth bail condition, as it is of such a nature to promote disharmony, hatred and ill-will between persons belonging to the Muslim community and the followers of the two other prominent religions of our state. The contention of the defense counsel that the subsequent FIR is registered in violation of the freedom of speech and expression of the accused is not sustainable here."

"The accused was released on bail in this case subject to the conditions that he shall not make or propagate any controversial statements which may hurt the religious sentiments of others. But within 10 days after his release, he has made this speech with the deliberate and malicious intention of outraging religious feelings of a class of citizens, which is a clear violation of the fourth bail condition. The accused has misused the concession granted to him by not following the terms agreed to while he is released on bail."

This is in light of the fact that the former MLA delivered another controversial speech at the closing ceremony of an event at a temple in Ernakulam. The High Court had granted interim pre-arrest bail to George in that case on Monday.

This development ensued after the prosecution moved a plea before the Magistrate seeking to cancel the bail granted to him on the ground that he has been constantly making that fostered enmity between religious communities. The prosecution had also submitted a CD as evidence for the hate speech the 71-year-old politician had made while being out on bail for the Magistrate's consideration.

Upon watching the video of the same today, the Court observed that highly provocative remarks were contained in it which are capable of promoting disharmony hatred and ill will between different religious groups on the ground of religion.

"There are also other indications in the above speech that all criminals who indulge in the offenses related to land mafia terrorism, Havala business, narcotic transactions and smuggling of gold belonged to the Muslim community. It is further stated that girls belonging to the Hindu and Christian communities are being corrupted by love jihad by Muslims. The accused is also seen to have stated that the exponential hike in Muslim population has to be countered by the women of the community of Hindus and Christians, by giving birth to at least four children. Another remark made by the accused in the above speech is that it is not possible for a Hindu to conduct a shop in an area surrounded by the Muslim community. Whereas a Muslim could very well conduct a shop in an area surrounded by the Hindu community. There are also various other comments in the above speech, depicting, the members of the Muslim community in a bad light."

Additional Public Prosecutor V.M Uma appeared for the State and George was represented by Advocate Sasthamangalam Ajithkumar.

The case pertains to a speech delivered at a programme organised as part of the ongoing Ananthapuri Hindu Maha Sammelan on Friday, where he alleged that tea adulterated with drugs inducing impotence was sold to non-Muslims in Muslim-run restaurants to turn people infertile in a bid to seize control of the country.

"In their (Muslim) hotels, if what I've heard is true, they add drugs in the tea to make people impotent. They want to make your men and women infertile and then take over the entire country."

The former MLA had also urged the audience to boycott institutions and restaurants run by Muslims.

"Why didn't Yusuff Ali build a mall in Malappuram or Kozhikode, I had asked him directly once. Because he doesn't want money from Muslims, he wants money from you (Hindus)...Under no circumstances should you spend a single rupee on these institutions," he had said in his speech.

The Police had registered a case against George on Saturday alleging that his speech promoted religious hatred and booked him initially under non-bailable Section 153A of IPC (Promoting enmity between different groups on grounds of religion). They took suo motu action against the former legislator under the directions of the State Police Chief.

On reaching Thiruvananthapuram, an additional charge under Section 295 A (deliberate and malicious act, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) was also slapped on him.

Thereby, PC George was taken into custody from his residence at Erattupetta on May 1 by early morning and brought to the Armed Reserve Police Camp at Thiruvananthapuram before noon.

He was produced at the residence of the Judicial First Class Magistrate and the Magistrate released him on bail subject to strict conditions including that he shall not influence witnesses, interfere with the investigation, make any hate speeches or get involved in any controversies.

Click Here To Read/Download The Order

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