'Kill Modi' Remark| 'Public Leader Should Be Vigilant In Using Words In Speech': MP High Court Denies Bail To Congress Leader

The Madhya Pradesh High Court on Tuesday denied bail to State Congress leader Raja Pateria in a case over his alleged remark asking people to be prepared to 'Kill' Prime Minister Narendra Modi to save the Constitution and the future of minorities and Dalits.

The Court observed that it is not expected from the public leader to use foul language disparaging the image of leaders of a high-up place, like the President and Prime Minister, and engendering consternation in the society.

The bench of Justice Sanjay Dwivedi also added that the public leader should be vigilant in using words during their speech, which may distract the minds of their followers/spectators.

"Oftentimes, it is noticed that it has become a fashion of some public leaders to seek the popularity of the followers without caring for the consequence of deliverance. This practice is not only belittling the image of public leaders in the society but also becoming a cause of an increase in criminality in the politics," the Court further remarked.

The Court was also of the view that the manner in which the alleged crime had been committed Pateria cannot be granted bail inasmuch as it will give a wrong message to society.

The case in brief

As per the prosecution's allegations, Pateria had, in an ongoing meeting of Congressmen, made a speech overtly using filthy and intimidating language conspiring to commit murder of the Prime Minister of the country and further instigating the persons of minorities in the wake of their religion, caste, and language.

Consequently, an FIR was lodged against him under Sections 451, 504, 505(1)(B), 505(1)(C), 506, 153-B(1)(C), 115, 117 of the Indian Penal Code and he was arrested on December 13, 2022. His bail plea was earlier rejected by the lower court and thus, he moved to the High Court seeking bail in the case.

Before the Court, senior counsel Shashank Shekhar appearing for Pateria argued that the prosecution had given a false color to the incident by manipulating the video-clip, just to bring home the charge against the applicant.

It was further submitted that Pateria is a respectable and experienced political leader, and he had merely given a speech maintaining normalcy in language and that it was just a political stunt and there was no intention of the applicant to throw dirt over anybody's character or life causing disharmony in society. 

On the other hand, the State counsel argued that Pateria eloquently made a speech using words to provoke other persons of minorities, castigating the image and conspiring the murder of the Prime Minister. Further, it was added that on account of the short span of incarceration, Pateria's bail application deserves outright dismissal.

Court's order

Taking into account the submissions of both parties, the Court, at the outset, said that the sanctity of video-clipping cannot be tested at this stage and treating the same to be true would not be proper for consideration at the stage of bail.

However, the Court did add that there was no occasion for Pateria, who is a public leader, to use such derogatory language for the Prime Minister of the country abetting the mob to commit a crime.

Consequently, looking at his period of incarceration (since December 13, 2022), the Court refused to grant him bail, however, he was set at liberty to resuscitate the prayer of bail by filing a fresh application after a period of thirty days.

Case title - Raja Pateria vs. State of Madhya Pradesh [MISC. CRIMINAL CASE No. 61797 of 2022]

Case Citation: 2023 LiveLaw (MP) 9

Click Here To Read/Download Order