Chabbra's counsel contended that the present FIR is nothing but abuse of the process of law. The Punjab and Haryana High Court has dismissed the anticipatory bail plea of a YouTuber, who allegedly used derogatory words against a Scheduled Caste community in a video uploaded on his channel.
The petitioner in the case is Arjun Chabbra. A case was booked against him under Section 3(1)(u) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, and Section 506 of IPC at Hansi city police station, Hisar district.
It was submitted by the petitioner’s counsel that Chabbra is a qualified company secretary who also holds a degree in Master of Laws. He runs a YouTube channel – ‘ACT-Arjun Chhabra Tutorial’ – wherein he uploads videos on various subjects of law such as Contract Act, Companies Act, Indian Partnership Act, Sale of Goods Act, etc.
Chabbra’s counsel contended that the present FIR is nothing but abuse of the process of law. The complainant in the case is a student of law and belongs to Schedule Caste. The complaint was filed with an ulterior motive to harass, humiliate and blackmail the petitioner, the counsel contended. The video in question was uploaded by the petitioner neither with any mala fide intention nor was it uploaded to hurt the sentiments of any particular community or caste, the counsel contended, adding that the petitioner also had no intention to hurt the feelings of the complainant.
The State counsel in reply contended that the petitioner has nowhere denied that he uploaded the video on YouTube, in which he used derogatory words against an SC community to which the complainant belongs. In this manner, the petitioner has hurt the sentiments of the complainant. Since the video was uploaded on YouTube, the contents of it became public and were a visible representation, the State counsel contended. Also, as the petitioner used abusive and insulting language against a particular Schedule Caste community, prima facie case is made out against the petitioner, the State counsel contended.
The bench of Justice Karamjit Singh while dismissing the anticipatory bail plea said, “In the modern times with advancement of digital technology, when such a video is uploaded on internet, it immediately becomes viral and is viewed by large number of persons and thus becomes public. The same is the case in the instant petition and thus prima facie case is made out under Section 3(1)(u) of the Act of 1989 and this being the position no ground is made out to grant concession of anticipatory bail to the petitioner in light of the embargo provided under Section 18 of the Act of 1989.”