Anticipatory bail of the accused who wrote anti-national slogans rejected (file photo)
State Bureau, Chandigarh. The Punjab and Haryana High Court rejected the anticipatory bail plea of the accused who wrote anti-national and inflammatory slogans on the walls in Batala in Gurdaspur district. The court clearly said that such activities cannot be kept within the scope of freedom of expression.
The court held that prima facie the available material points towards a serious crime and custodial interrogation of the accused is necessary for a thorough investigation of the case. Commenting, the High Court said that communal harmony cannot be allowed to be disturbed in the name of freedom of expression.
The matter is related to objectionable slogans written on the walls near RR Thapar College located on Samadh Road, Batala. According to the police, unidentified persons had written slogans including support for Khalistan on the walls. Apart from this, objectionable comments were also written against the country's Home Minister, Punjab CM and Punjab DGP.
During the investigation, the police found footage from CCTV cameras installed around the incident site, which claimed to show the presence of the petitioner. Detailed interrogation of the accused was said to be necessary to identify the conspiracy behind the case and other possible accomplices. Seeking anticipatory bail, the petitioner's lawyer argued in the court that his client was innocent and the police was trying to implicate him only on the basis of the statement of the co-accused.
While the government lawyer appearing for the Punjab government opposed the bail, he said that the allegations are of very serious nature and have a direct bearing on the peace and communal harmony of the state. Custodial interrogation of the accused is necessary.
After hearing the arguments of both the parties, the High Court said that prima facie the allegations appear to be serious from the available facts and material on record. The court also remarked that unless there are exceptional circumstances, the investigating agency's right to conduct custodial interrogation cannot be denied.
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