BJP Leader Advocate Ashwini Upadhyay Granted Bail In Jantar Mantar Hate Speech Case
BJP leader advocate Ashwini Upadhyay gets bail just a day after he was arrested in connection with a rally on August 8 at Jantar Mantar. A leading daily had reported that hate slogans against Muslims were being hurled at the rally. There were serious allegations against Upadhyay claiming that the slogans were mouthed at his instance.
Ashwini Upadhyay not present at Jantar Mantar when incident took place
Senior Advocate Vikas Singh asserted before the Court that the accused had left the spot in the morning itself and was not present at the time when the alleged incident took place.
Ld. Senior Advocate Siddharth Luthra supporting the contention made by Singh said,
applicant/accused may be a part of the meeting at particular point in time but that does not imply that he shall be blamed for each and every thing that may have happened in his absence. Hence, the applicant/acccused be released.
Senior Advocate Vikas Singh also pointed towards procedural lapses like delay in filing of FIR in the present case.
Event organised at the behest of Upadhyay: APP
However, APP of State countered the argument of procedural delay in filing FIR by stating that the material available was scrutinized and the Upadhyay was arrested subsequently. It was asserted that the police acted with diligence in the case.
The APP for the state also argued that the event was organised at the behest of Ashwini Upadhyay and therein lied the common object behind the instances of hate speech during the event. He further argued that the custody of the accused is imperative to investigate the nexus between the persons involved in the case.
Mere presence at one point during gathering not enough to prove Ashwini Upadhyay's involvement
Senior Advocate Sh. Gopal Shankarnarayan appearing for the advocate argued that mere presence of the applicant/accused at one point of time during the gathering cannot be attributed to the whole chain of events happened in active absence of the applicant/accused. Advocate Shankarnarayan reiterated that the video of the incident is available in public domain and the accused is nowhere seen at the spot when anti-Muslim slogans were being shouted.
Placing reliance on the Arnesh Kumar Judgement, it was asserted that action of the police officials in apprehending the applicant/accused is against the rule of law.
Liberty of a citizen be curtailed on mere assertions and apprehension: Court
After hearing both the parties at length, the Court was of the view that 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.
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 Court observed.
The Court ordered the release of Ashwini Upadhyay on bail subject to filing of personal bond of Rs. 50,000/- with one surety.
