‘We’re not a Taliban state': Delhi court rejects Pinki Chaudhary’s plea

NEW DELHI: Dismissing the anticipatory bail application of Hindu Raksha Dal president Pinki Chaudhary in a case related to communal slogans allegedly raised at Jantar Mantar, a Delhi court has said “we are not a Taliban state” and the rule of law is the “sacrosanct governing principle in our plural and multicultural society".
Additional sessions judge Anil Antil observed in an order last Saturday that while India was celebrating “Azadi Ka Amrut Mahotsav”, some minds were still “chained with intolerant and self-centric beliefs”. He added that such incidents have led to riots in the past.
The court said history showed that such incidents have flared up communal tension, leading to riots and causing loss to life and property of the public. It said that the video clip of an interview of Chaudhary was impregnated with “high-octane communal barbs” and “laced with inflammatory, insulting and threatening gestures”.
“It…(is) ex facie indicative of the calculative design on the part of the applicant to promote hatred and ill will amongst other sections of the community,” it said in its order.
The judge observed that though the right to freedom of speech was a fundamental right, in the garb of the
libertarian concept of free speech, the accused cannot be allowed to trample on the constitutional principles which inclusiveness and common brotherhood promote.
“We are not a Taliban state. The rule of law is the sacrosanct governing principle in our plural and multicultural society. While the whole of India is celebrating ‘Azadi Ka Amrit Mahotsav’, there are some minds still chained with intolerant and self-centric beliefs. 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,” it observed.
The court observed that the investigation was at nascent stage, persons acquainted with the facts of the case were yet to be identified and other persons involved in the incident were absconding.
Pointing out that Chaudhary was the president of Hindu Raksha Dal, the judge said that going by the tone and tenure of the speech and the threatening words used in the interview, analyzed in the backdrop of his stature and influence exerted, there was a strong possibility that he might influence or threaten witnesses if released on bail.
Chaudhary had sought anticipatory bail, saying he had apprehension of his arrest in a false and frivolous case registered against him by the police, allegedly at the behest of his opponents, who were making false allegations to harm his reputation.