Delhi High Court Denies Interim Protection To Pinky Chaudhary In Jantar Mantar Sloganeering Case, Issues Notice On Anticipatory Bail Plea

Delhi High Court on Friday issued notice on the anticipatory bail plea filed by Bhupinder Tomar alias Pinky Chaudhary, prime accused in the alleged inflammatory and anti-Muslim sloganeering at Jantar Mantar.

Justice Mukta Gupta however denied any interim protection from arrest to Chaudhary till September 13, next date of hearing. The Court also sought status report to be filed in the matter.

Advocate Vishnu Shankar Jain appearing on behalf of Chaudhary submitted that he did not raise any slogans as alleged in the FIR.

"It is a case where FIR was registered on the basis of slogans raised at Jantar Mantar on August 8. My client has not raised any slogans as mentioned in the FIR," Jain submitted.

"Ashwini Kumar Upadhyay, main organizer of the event has been granted bail in the matter. There is nothing against my client for the Prosecution to say that they want to arrest me and take me into custody," he added.

On this, the Court said that the FIR is a preliminary document and does not give any role to the accused. It also insisted that status report be filed in the matter.

On the other hand, APP Tarang Srivastava for the Prosecution relied on three videos submitted by him to the Court showing that slogans were chanted against the Muslim community in the event.

He also submitted that two transcripts were also filed showing the interview given by the organizers of the event thereby clearing the position as to what happened at the event.

"He was very much a part of the event and was one of the organizers. We have filed another video wherein one of the participants went live on Facebook and was abusing a particular community," APP submitted.

On this, the Court asked if Chaudhary is seen in the said video as relied by the Prosecution.

"One of the co accused is leading the event. He comes subsequently in the video," APP replied.

During the course of hearing, Jain insisted on the grant of interim protection.

"I was granted interim protection by the trial court. I'm not in the slogan chanting. Prosecution wants to prejudice the Court," he submitted.

However the Court denied interim Protection to Chaudhary and posted the matter for September 13.

"Prima facie the FIR suggests that slogans and speeches were given, let them file a status report," Court said while denying interim relief to Chaudhary.

A Delhi Court had recently dismissed the anticipatory bail plea moved on behalf of Pinky Chaudhary in the matter.

"We are not a Taliban State. Rule of law is sacrosanct governing principle in our plural and multi cultural society," Additional Sessions Judge Anil Antil observed while denying the grant of bail.

Furthermore it said:

"While the whole of India is celebrating AZADI KA AMRUT MAHOTSAV (Independence Day) there are some minds still chained with intolerant and self centric, beliefs. The complicity of the applicant/accused in the alleged case crime is prima facie apparent from the material placed before the court."

Videos of mob at the gathering shouting slogans openly calling for the killing of Muslims had emerged on Sunday. Lawyer Ashwini Upadhyay, who has now been granted bail by the Court, claimed that the slogans were raised after the meeting organized by him was over. He had organized a meeting calling for the repeal of "colonial-era laws".

Title: Bhupinder Tomar alias Pinky Chaudhary v. State