Court reject bail in video viral regarding hatred speech against communities
JKUT (Jammu), June-23-2021-( JNF):- CJM Jammu Amarjeet Singh Langeh today rejected the bail application of Darshan Lal Thappa whose video vrial on social media regarding hatred speech against communities.
CJM Jammu Amarjeet Singh Langeh observed that during the course of investigation conducted so far, it has come to fore that petitioner seems to have made a speech before audience comprising of representatives of different organizations – exhorting therein that a community (name of said community is purposely withheld herein lest its disclosure may not be a prudent given the sensitivity of the issue involved) – hereinafter referred to as particular community engineered partition of country so as to maintain its monopoly to rule the nation; that in order to distract attention from horrible act of partition, this particular community designed and brought about assassination of Mahatma Gandhi, that this particular community also plotted to portray assassin of Mahatma Gandhi as belonging to another religion till his name was actually announced by BBC, a broadcasting corporation of news and in the interregnum – petitioner asserts in said video that many people belonging to particular religion were massacred as a reaction to killing of Mahatma Gandhi; that because of the plot of this particular community, one lakh people belonging to particular religion were killed and their properties worth crores and crores of rupees vandalised in India. Petitioner also seems to be urging in the video in question that Jammu & Kashmir police picks up the youth, pushes them to the border and calls upon them to run over to another territory and thereafter they are fired upon and then fake claim of killing terrorists is projected etc. etc.
CJM Jammu Amarjeet Singh Langeh after hearing Adv Pawan Kundal for the applicant whereas APP Kuldeep Bhat for the police observed that 7. Prima facie, speech alluded to petitioner in the video that has allegedly gone viral – is undoubtedly not only too outrageous but also highly obnoxious and brazen display of hate and ill-will against the community that petitioner is time and again referring to in his speech. Petitioner, by virtue of his utterances as depicted in the video in question, seems to be incredibly determined to drive and create a wedge of hate and ill-will amongst different communities by way of polarization. The degree and extent of toxicity that petitioner has demonstrated in said speech has all and every propensity not only to stir up the emotions of targeted community but also promote and encourage dis-harmony, feelings of enmity and ill-will between different communities besides showing the particular community in bad taste and poor light. Society cannot afford to nurture grudges and brazenly propagate hatred interse different communities. As they say, freedom of speech comes with responsibility. Evidence collected thus far during investigation does not give even a prima facie whiff that petitioner displayed such responsibility. The context, content and impact of video in question therefore squarely attracts prima facie involvement of petitioner in commission of offence under section 153-A of IPC. That the political thesis or historical truth if it be so – cannot be so presented as to promote feeling of enmity, hatred or ill-will between different communities. With these observations Court rejected the bail application. JNF