Karnataka Hijab Row: Madras High Court Grants Anticipatory Bail To TN Thowheed Jamath Members Accused Of Threatening Judges

The Madras High Court recently granted anticipatory bail to seven members of Tamil Nadu Thowheed Jamath who participated in the meetings against the recent Karnataka High Court Hijab judgment. The anticipatory bail was granted keeping in view that the prime accused had already been granted bail and after taking on record the joint affidavit filed by the petitioners tendering their unconditional apology.

Justice Murali Shankar of the Madurai Bench, while granting bail also observed that every person has a right to express their views but the same should be done in a good faith. In the present case, the speakers had in fact exceeded the limits and went to the extent of threatening the Judges of High Courts and Supreme Court.

No doubt, everyone can express their view, opinion, or comments or even criticise the judgments of the Courts, but that must be within the limits of reasonable courtesy and good faith. Undoubtedly, the judgments are open to criticisms, but no person can be permitted to overstep the limits of fair, bonafide and reasonable criticism of a judgment. 

As per the prosecution, the petitioners were the office bearers of the organization and had convened a meeting wherein the speakers had given an "open threat of murder" to the Chief Justice of Karnataka High Court and the other two Judges. 

The petitioners, on the other hand, contended that they did not make any speech nor were they in agreement with the speech made by the main Speakers, and as such, they should not be mulcted with criminal liability. The petitioners also submitted that the arrest was not at all necessary for the offences which attract punishment upto seven years.

The petitioners also informed the court that first accused who was the main speaker was already granted bail by the court and hence the petitioners being the organizers of the meeting, may be enlarged on anticipatory bail. They also informed the court that they had also filed a joint affidavit tendering their unconditional apology and also undertook that they will never conduct, participate or organize any such kind of meeting or agitation against the Judges and Indian Judiciary. 

Taking note of the same, the court was inclined to grant anticipatory bail to the petitioners.

Considering the above facts and circumstances of the case and also the charges levelled against the present petitioners, who are the organizers of the said meetings and also the fact that the main speakers were already granted bail and also taking note of the undertaking affidavit filed by the petitioners tendering their unconditional apology, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 

Case Title: Asan Basha @ Ashan Batcha and another v. The State

Case No: CRL OP(MD). Nos.10510 of 2022

Citation: 2022 LiveLaw (Mad) 307

Counsel for the Petitioner: M/s.Jinnah S M A

Counsel for the Respondent: Mr.R.Meenakshi Sundaram, Additional Public Prosecutor