HC denies Bail to Politician who exhorted 'Kill Modi to save Constitution and Minority Rights',

 

The Madras High Court while refusing to grant bail to State Congress leader Raja Pateria in a case over his alleged remark against PM Narendra Modi asking people to be prepared to 'kill him' in order to save the Constitution and the future of minorities and Dalit.

The single-judge bench of Justice Sanjay Dwivedi observed that it is not expected from the public leader to use foul language disparaging the image of leader of high-up-place, like President and Prime Minister and engendering consternation in the society.

"Oftentimes, it is noticed that it has become a fashion of some public leaders to seek popularity of the followers without being caring for the consequence of deliverance. This practice is not only belittling the image of public leaders in the society but also becoming a cause of increase in criminality in the politics", the Court opined.The Minister has been charged for offences punishable under Sections 451, 504, 505(1)(B), 505(1)(C), 506, 153-B(1)(C), 115, 117 of Indian Penal Code.

It has been alleged that in an on-going meeting of Congressmen, the applicant made a speech overtly using filthy and intimidating language conspiring to commit murder of the Prime Minister of the country and further instigated the persons of minorities in the wake of their religion, caste and language.

 

Learned Senior Counsel on his behalf has argued that the case is nothing a politically-oriented animosity and submitted that the applicant being a respectable and experienced political leader, had merely given a speech maintaining normalcy in language and generally the political leader disseminates their agendas by belittling the achievement or merits of leaders of opposite party.

He further submitted that it was just a political stunt and there was no intention of the applicant to throw dirt over anybody's character or life causing disharmony in the society.

To substantiate the factum that the complainant has manipulated the utterance of statement of applicant, the learned senior counsel for the applicant focusing on CD, made appendage to the application, submits that no offence under Section 115 of IPC is made out against the applicant.

 

On the other hand, State Counsel opposed the bail application and contended that it is highly unexpected from a political leader to overtly disparage the image of rival leader that too of the Prime Minister of India

He submitted that there are statements of various eyewitnesses available on record, which crystalize the unruly act of the applicant and further there are video-clippings which clearly depict that the applicant has eloquently made a speech using words to provoke other persons of minorities, castigating the image and conspiring murder of the Prime Minister.

The Court after analysing facts and material placed on record opined that obviously, there was no occasion for the applicant, who is a public leader, to use such a derogatory language for the Prime Minister of the country abetting the mob to commit a crime.Denying him the bail, the Court observed that prima-facie crime has been commited and granting him bail and the applicant cannot be granted bail inasmuch as it will give a wrong message to the society.

 

 

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(With input from news agency language) 

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