Hindu Religious Leader Kalicharan Maharaj Accused Of Abusing Mahatma Gandhi Granted Bail By Chhattisgarh High Court

The Chhattisgarh High Court on Friday granted bail to Hindu religious leader Kalicharan Maharaj in connection with a case registered against him for allegedly making derogatory remarks against the Father of the Nation, Mahatma Gandhi.

The bench of Justice Arvind Singh Chandel granted him bail by taking into account the fact that the charge sheet against him has already been filed and that he has been in jail since December 30, 2021 (around 3 months).

The case against him

Essentially, the allegations against 'Maharaj' are that on December 26, 2021, in a Dharm Sansad was organized at Raipur, Chhattisgarh, he delivered a speech before an audience (public) wherein he used abusive language against Mahatma Gandhi.

It is further allegation against him that in the speech, he also used offensive language against various communities. Thereafter, one Pramod Dubey lodged a First Information Report against him, and initially, offence under Sections 294 and 505(2) of the Indian Penal Code was registered against him, later on, other offences under Sections 295A, 153A, 153B, 124A of the Indian Penal Code were added.

During the course of the investigation, he was arrested on December 30, 2021.

Arguments advanced

Before the Court, his counsel argued that the comment made by 'Maharaj' against the father of the nation was his personal opinion and the rest part of his speech was related to the past history of certain communities, which also does not constitute any offence.

It was further submitted that 'Maharaj' has a fundamental right of freedom of speech under Article 19(2) of the Constitution of India and he did not promote any enmity between two classes of people.

Lastly, it was argued that there has been no law and order problem, no communal violence and there had been no disturbance of public place because of the said speech delivered by him.

On the other hand, the Additional Advocate General argued that in his speech, 'Maharaj' had used abusive language against father of the nation and it was further submitted that prima facie, all the offences were made out against the Applicant. 

Court's order

Considering the entire material available before the Court, the submissions put forth on behalf of the parties and also after going through the contents of the First Information Report and the statements of the witnesses recorded under Section 161 of the Code of Criminal Procedure, the Bench granted him bail.

It was directed that the Applicant be released on bail on furnishing a personal bond for a sum of Rupees One Lakh with two solvent sureties each for a sum of Rupees Fifty Thousand to the satisfaction of the concerned Trial Court.

Case title - Kalicharan Dhananjay Saraag v. State of Chhattisgarh

Citation: 2022 LiveLaw (Chh) 24

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