"Scathing, Undemocratic & Uncalled For Remarks Made": Delhi Court Denies Bail To 3 In Jantar Mantar Sloganeering

While rejecting their bail pleas, the Link Metropolitan Magistrate Udbhav Kumar Jain observed that it is the duty of every citizen that while he enjoys his right to express himself, he preserves religious harmony.

Delivering 3 separate bail orders, the Judge noted that with regard to the commission of offence u/s 153A IPC, the FIR had no specific allegation against the applicants.

However, on the prima facie perusal of the material available on record including the alleged video footage, the Court noted that the same failed to find support in favour of the applicant/accused.

The Court saw the alleged video clippings and played some part of it in Open Court as well.

Importantly, while dealing with the bail plea of Accused Deepak Singh, the Court observed thus:

"In one of the clippings, applicant/accused, as identified by the IO in the video clipping, can be seen making scathing remarks which are undemocratic and uncalled for from a citizen of this country where principles like Secularism hold the value of basic feature imbibed in the Constitution."

On the other hand, while dealing with Preet's bail plea, the Court noted that in the video, he could be seen with the accused Deepak Singh.

Also, while deciding on the bail plea of Vinod Sharma, the Court observed thus:

"The CDR record shows that the applicant/accused was present on the spot at the same time when other accused persons Deepak Singh and Preet Singh were also present and alleged speeches were made."

Also, the Court noted in the bail pleas that Freedom to express oneself is indeed allowed to be enjoyed by the citizens to the fullest possible extent, yet with every right there is a corresponding duty attached.

Further, averring that at the instant stage, the Court cannot check the veracity of the video clippings which is a matter of appreciation of evidence to be done at a later stage, the Court did not deem it fit to release them on bail.

In related news, a Delhi Court on Wednesday had allowed the bail plea of former Delhi BJP Spokesperson and Supreme Court lawyer Ashwini Upadhyay, who was arrested and remanded to two days judicial custody in connection with the anti-Muslims slogans raised at an event organized at Jantar Mantar.

The order has been passed by a Court of Metropolitan Magistrate Udbhav Kumar Jain.

"As far as the offence u/s 153A 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 hearing, this Court has inquired from Ld. APP and so far, there is nothing against the accused in the alleged video," the Court observed.

Videos of mob at the gathering shouting slogans openly calling for the killing of Muslims had emerged on Sunday. Lawyer Ashwini Upadhyay, who has now been granted bail by the Court, claimed that the slogans were raised after the meeting organized by him was over. He had organized a meeting calling for the repeal of "colonial-era laws".

Advocate Ashwani Dubey appeared for all the three accused.

Click Here To Download Order

Read Order