'Not a Taliban state': Pre-arrest bail denied in Jantar Mantar case

New Delhi: Stating that India is not a Taliban state and rule of law is the sacrosanct governing principle in our plural and multicultural society, a Delhi court has now denied pre-arrest bail to Hindu Raksha Dal chief Pinky Chaudhary in connection with the Jantar Mantar protest where inflammatory speeches were given out by protesters who were agitating in favour of taking down "colonial-era laws".

In his order, Additional Sessions Judge Anil Antil said that while the "whole of India is celebrating "Azadi ka Amrut Mahotsav", there are some minds still chained with intolerant and self-centric beliefs". The court added that "the complicity of the applicant/accused in the alleged case crime is prima facie apparent from the material placed before the court".

"The accusations are serious and the offence alleged is severe in nature; history is not immune where such incidents have flared communal tensions leading to riots and causing loss to life and property of general public," the order stated, adding that the investigation here is at a nascent stage and that persons acquainted with the facts of the case are yet to be identified and/or examined.

The judge also said that the entire incriminating material was yet to be seized and that other persons involved in the incident are absconding and evading the law.

Denying the anticipatory bail, ASJ Antil noted that as the applicant was the president of Hindu Raksha Dal, hence taking note of the tone and tenor of a speech and the threatening words used therein through the alleged interview and analysed in the backdrop of his stature and influence exerted, "there is strong possibility, if released on bail, at this stage, the applicant/accused shall hamper the investigation, and shall influence and/or threaten the witnesses".

Referring to the video of the speeches made at Jantar Mantar, the court stated that it was evident from the video played during the proceedings that the said clip, depicting the interview of the applicant is "impregnated with high octane communal barbs;laced with inflammatory, insulting and threatening gestures, ex-facie is indicative of the calculative design on the part of the applicant to promote hatred and ill will amongst other sections of the community".