The court said that if the accused is allowed to be out of jail then there is a strong possibility that he can affect the investigation and threaten the complainant and other witnesses and it may cause prejudice to the free fair and full investigation
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A Gurugram Court dismisses bail plea of Rambhagat Gopal Sharma also known as 'Ram Bhakt Gopal' arrested for delivering an inciting speech during a Mahapanchayat in Pataudi.
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He had also brandished a gun and opened fire in Delhi's Jamia area in January 2020. Judicial Magistrate of Pataudi Mohd. Sageer said, "the consequences of these kinds of activities may be far more dangerous and it may translate into communal violence." "The act of the accused i.e. hate speech qua instigating abduction and the killing of girls and persons of a particular religious community is itself a form of violence and such people and their inflammatory speeches are obstacles to the growth of a true democratic spirit, " the court said.
The court remarked that it leads to the destruction of our society as people will fight based on religion. The court further said, "Religious tolerance is the need of the time and not the intolerance. It is necessary for individuals within the society to get along, especially when a variety of cultures and the people with different religious beliefs live in one community or nation," the court said.
It said that when the country is facing the second deadly wave of Covid-19 pandemic and a large population is hardly meeting with two times bread, such kind of people are trying to create disharmony and imparting hatred amongst the common people are actually harming this country more than the pandemic.
The court further explained that the pandemic will take the life of any person without seeing the religion or caste and only upon the negligence but if any communal violence takes place following such hate speeches then lots of innocent lives will be lost only on the basis of religion and without any negligence on the part of such innocent people. It stated that the alleged offences committed by the accused person are very serious and severe in nature and it did not find any reasons to enlarge the accused person on bail as there is every possibility that a law and order situation may arise and that the accused person may again be indulged in such unconstitutional and illegal activities and actually disturb the communal harmony and peace of the society.
The court said that if the accused is allowed to be out of jail then there is a strong possibility that he can affect the investigation and threaten the complainant and other witnesses and it may cause prejudice to the free fair and full investigation. "At this juncture, rights of the accused of his personal liberty cannot be preferred against the right of the society in peaceful communal harmony and balance lies in favour of the latter, " the court said.
The court opined that enlarging the accused on bail despite his heinous crime which amounts to divide of the peaceful society on the basis of religion or caste would give wrong message to the divisive forces. It further opined that however, restraining the accused behind the bars will send a strong message against the divisive forces by saying that India is an inclusive society where people of all faiths flourish with mutual respect and the Courts of Law will ensure that the Rule of law reigns supreme.
"Our Constitution even gives protection to non-citizens of India then it’s the duty of the state as well as the Judiciary to ensure that Citizens of India of any religion or faith or caste should not feel unprotected and that such hate mongers cannot walk freely without any fear," the court said. This comes four days after the Haryana Police filed an FIR against the teenager who had opened fire at anti-CAA protesters in Jamia last year for allegedly making provocative comments at a mahapanchayat in Pataudi.
The case was registered against the teenager along with others on charges of promoting enmity, and insulting religion and its beliefs at a mahapanchayat in Pataudi on July 4. In his speech at the mahapanchayat, the teenager allegedly called for attacks on the Muslim community. On January 30, Sharma had opened fire in the Jamia area injuring one student, after which he was arrested and sent to 14-day protective custody by the Juvenile Justice Board in Delhi on January 31.
Delhi Police's Crime Branch produced the accused before the Juvenile Justice Board. The accused had said he had no remorse for what he did and was radicalised by viewing videos on social media, claimed Delhi Police. Police sources also said that the accused had procured the country-made pistol from his village and left for Delhi in a bus to take revenge for the death of Chandan Gupta.
Gupta was killed in Kasganj violence on January 26. The accused had brandished a gun despite heavy police force deployment and fired at the marching students on Thursday. Delhi police sources said that the accused has denied having any connection or links with any organisation. A case under section 307 of the Indian Penal Code (IPC) and 25/27 of Arms Act was registered at New Friends Colony Police Station.
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