23-Yr-Old Trans Student Booked On Sedition Charges Granted Anticipatory Bail By Bombay High Court

The Bombay High Court last week granted Anticipatory Bail to a 23-year-old Trans Person booked on Sedition Charges for allegedly raising 'objectionable slogans' in a gathering of persons supporting the cause of the LGBTQI community.

The Bench of Justice N. J. Jamadar was hearing the plea filed by Urvashi Chudawala seeking pre-arrest bail in connection with a case registered for the offences punishable under sections 124- A, 153-B and 505 read with section 34 of the Indian Penal Code, 1860.

Allegedly, the applicant, Chudawala, participated in a gathering of persons supporting the cause of the Lesbian, Gay, Bisexual, Transgender, Queer and Intersex (LGBTQI) community at the Azad Maidan in Mumbai on 1st February 2020 and raised objectionable slogans.

Allegedly, in the said rally last year, a slogan was raised - Sharjeel tere sapno ko, hum manzil tak pahunchaenge, for which around 50 people (including the petitioner) were booked on sedition charges by the State Police.

Significantly, the high court had last year granted interim relief to the trans persons and on October 30, the High Court made the relief, as absolute. While extending the interim relief, the Court had, last year, noted thus:

"...merely showing solidarity with a person or a group of persons, who are exercising their opposition to the CAA and National Register of Citizens, prima-facie, may not be sufficient to believe that the applicant had in fact caused and/or attempted to cause disaffection against the government established bay law either bay prior enmity between different religious groups or otherwise to create disharmony. Moreso, slogans shouted, prima-facie cannot be perceived as a threat to the integrity of the Nation. In a like manner, except slogans, no material has been brought to my notice to even illustrate that, she had shared Sharjil's alleged ideology, for which he has been charged"

During the hearing of the case, the prosecution submitted before the Court that the investigation in the instant matter has reached an advanced stage and only forensic reports were awaited.

In the backdrop of the nature of accusation and taking into account the reasons ascribed by the Court, while granting interim relief, the Court stressed that the custodial interrogation of the applicant was warranted for investigation and therefore, the application was allowed by making the interim order dated 11th February 2020 as absolute.

Case title - Urvashi Chudawala v. State of Maharashtra

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