A Delhi court last week granted bail to an accused facing sedition charges for allegedly posting a fake video on his Facebook page with the tagline “Kisan andolan mae aaya khatarnak mode, Delhi Police mae bagawat 200 policekarmiyon ne diya samuhik istifa, jitega kisan haregi tanashah sarkar”.
[There is a dangerous turn of events in the farmers protest movement; there is a rebellion in Delhi Police and around 200 police officials have given mass resignation. The farmers will win and dictatorial government shall lose] (sic).
Judge Dharmender Rana said sedition could not be invoked to “quieten the disquiet” under the pretence of muzzling miscreants.
“In the absence of any exhortation, call, incitement or instigation to create disorder or disturbance of public peace by resort to violence or any allusion or oblique remark or even any hint towards this objective, attributable to the applicant accused, I suspect that Section 124 A IPC cannot be validly invoked against the applicant”, the court observed.
It added that on a plain reading of the tagline attributed to the accused, the invocation of sedition was a “seriously debatable issue”.
On the charges of forgery against the accused, the court said it failed to understand how the offence of forgery was attracted in the instant case unless there was a false document, as statutorily defined u/s 464 IPC, that had been created by someone.
The prosecution sought to argue that since the accused had made a Facebook page with a fake message, a false document as provided under Section 464 clause 1 (b) had been made out. The court, however, rejected the argument and said
“In the case at hand, the prosecution has failed to point out any representation or endeavour on the part of the applicant/accused to cast an impression that the Facebook page was made, executed or created under the authority of some other person with whose authority it was not made or executed”.
In so far as the charges of spreading rumours are concerned, the court said it found merits in the charges but pointed out that it was a bailable offence.
The court then proceeded to release the accused, Om Prakash, who has been in judicial custody since 01.02.2021, on bail, while also noting that his custodial interrogation was no longer sought by the police.
“Considering the nature of allegations against the applicant/accused and period of incarceration, the applicant/accused Om Prakash is admitted to bail on his furnishing bail bond in the sum of Rs.50,000/- with two sureties in the like amount to the satisfaction of the Ld. CMM/ Ld. MM/Link MM/Duty MM and subject to the conditions that he shall join the further investigation as and when called upon by the IO”, the court directed.
Read the Order
http://theleaflet.in/wp-content/uploads/2021/02/delhi-court-order.pdf
