Bail to BJP leader; Slogans not at his behest, says court

A Delhi court on Wednesday granted bail to lawyer and former BJP spokesperson Ashwini Upadhyay in connection to the alleged inflammatory sloganeering at Jantar Mantar on August 8, saying there is nothing to show that the hate speech was made in his presence or at his behest.

Metropolitan magistrate Udbhav Kumar Jain said there is nothing against Upadhyay in the video where allegedly hate sloganeering was done.

“It is not the case where there are chances that applicant/ accused will abscond. Conspiracy is no doubt hatched behind closed doors and that the investigation in the present matter is at nascent stage that however, does not imply that liberty of a citizen be curtailed on mere assertions and apprehension,” the magistrate said in his order.

The police arrested Upadhyay on Tuesday over allegations that he organised the event, and went ahead despite cops refusing permission to conduct it.

The police booked him for promoting enmity between religious groups, disobedience of the orders of a public servant and unlawful assembly.

The court on Tuesday sent him to judicial custody for two days after the police did not seek his custodial interrogation. The duty magistrate also directed that the bail application, moved by Upadhyay’s counsel Ashwani Dubey, be heard on Wednesday in the morning.

Allowing Upadhyay’s release from Tihar jail on a bond of ₹ 50,000, the court said all the sections under which the accused has been charged are bailable except 153A (promoting enmity between two religious groups).

The court rejected prosecution’s contention related to the violation of Covid-19 curbs on social gatherings, saying that it is a difficult time indeed for everyone

NEW DELHI:

UDBHAV KUMAR,

Metropolitan magistrate in his bail order

and serious view should be taken against those who violate the guidelines. Yet, the offences, as far as the breach of these guidelines is concerned, are bailable in nature and can be dealt by the trial court on merits, the magistrate said.

The court ordered that Upadhyay will continue to cooperate with the ongoing investigations, and not leave the country without its permission.

Appearing for Upadhyay, senior advocate Vikas Singh told the court that the arrest is a “blatant abuse of power by the police”. He said the police cannot apprehend anyone indiscriminately, adding that it was an admitted fact that the accused was present at the spot but not at the time when the hate speech incident took place there.

Senior advocates Sidharth Luthra and Gopal Shankarnarayan, representing Upadhyay, also said that the accused was not present at the spot when the sloganeering was made and he was also not seen in the videos.

They said that the FIR was registered belatedly and their client was being illegally incarcerated and, therefore, bail should be granted to the accused forthwith.

Public prosecutor Sikhar Mahajan opposed the bail plea contending that the release of the accused will be prejudicial in maintaining public tranquillity, and will create further serious law and order situation. He said there are chances that the accused will create communal disharmony.

The prosecutor argued that the protest was done at a time when large gatherings are not allowed to prevent the spread of Covid-19, and that the gathering was held without official permission.

“The gathering organised by the accused was an unlawful assembly in which he actively participated knowing the common object of the gathering,” he argued.

The court granted the bail to Upadhyay and directed him to join the probe as and when summoned by the investigating officer.

A video showing anti-muslim slogans being raised during a protest at Jantar Mantar was widely circulated on social media, following which the Delhi Police registered a case on Monday. Hundreds of people attended the protest organised by ‘Bharat Jodo Aandolan’ at Jantar Mantar on Sunday.

Shipra Srivastava, media in-charge of Bharat Jodo Aandolan, said the protest was held to demand 222 British-era laws be abolished. “We have seen the video but have no idea who they are. The police should take strict action against the persons who raised the slogans,” she said on Monday.

Even as the Delhi BJP has distanced itself from the controversy, BJP MP from North East Delhi Manoj Tiwari has come out in support of Ashwini Upadhay, a former Delhi BJP spokesperson, who was among those arrested in connection with the event.

Tiwari tweeted, “The agenda of Ashwini Upadhyay’s programme wasn’t provocative, therefore, the question of provocative slogans being shouted does not arise. @Ashwiniupadhyay is a victim of a conspiracy by those who hate this issue. The law to identify those who raised the slogans…ashwini should get justice immediately.”

BJP leader Kapil Mishra tweeted on Wednesday, “Ashwini Upadhyay ko Riha karo ##Ashwini_upadhyay ko riha karo (release Ashwini Upadhyay).”

It is not the case where there are chances that applicant/accused will abscond.