Locals say Mufti Salman Azhari should have been detained for alleged hate speech under CrPC section, but cops used IPC section
Pic/Rajesh Gupta
A large crowd had gathered near Ghatkopar police station on Sunday after the Gujarat ATS and Mumbai ATS detained Mufti Salman Azhari for allegedly giving a hate speech at an event in Junagadh.
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According to the Junagadh police, on February 3, they had booked Azhari and two others for the hate speech, which had been delivered on January 31. The video of it had gone viral on social media platforms.
The Junagadh police had arrested the organisers, Mohammad Yousuf Malek and Azim Habib Odedara, under various sections of the Indian Penal Code and had booked Mufti Salman Azhari.
A team was sent to Ghatkopar to arrest him, however, a huge crowd had gathered to protest against the detention.
According to the protesters, Azhari was not served notice under section 41 A and hence the detention was illegal. Teams of ATS and local police were present at the spot and further investigation is on.
Advocate Vahid Shaikh, Azhari's lawyer, said, “Around 35-40 policemen in civil dress had gathered near his residence. When Azhari opened the door, they told him that an FIR under IPC Section 153A had been registered against him. Azhari had co -operated with the police. The commissioner and additional CP were present at the spot and we requested them to serve notice under CrPC Section 41A. However, no notice was served so everyone staged a protest against this illegal detention."
What is IPC Sec 153 A?
Section 153 A (Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony)
What is CrPC Sec 41A
Section 41A of the Criminal Procedure Code (CrPC) of 1973 states that police officers must issue a notice of appearance before a person if an arrest is not required under section 41. The notice allows the police to conduct a preliminary inquiry to determine the need for an arrest, and gives the accused the opportunity to provide information or clarification before an arrest is made.
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