Prima Facie Doesn't Target Caste/ Tribal Identity: Delhi HC Grants Transit Bail To Man Over 'Derogatory' Instagram Video On People Of Nagaland

The Delhi High Court has granted transit bail to a man booked under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for posting an allegedly derogatory and insulting Instagram video on people of Nagaland with the intent to incite communal hatred, enmity and disharmony.

Justice Amit Mahajan granted 14 days of transit bail to Akash Tanwar, a resident of Delhi, against whom FIR was registered in Nagaland for the offences under Sections 153A, 153B, 505(1) and (2) of the Indian Penal Code, 1860, and Section 3(1)(r)/(s)/(u) of the SC/ST Act.

The FIR alleged that the social media post allegedly incited communal hatred, enmity and disharmony between different groups based on religion, caste, or race and target members of the Scheduled Castes and Scheduled Tribes.

Tanwar was arrested by the Nagaland Police from the national capital in November last year. The trial court had refused to grant transit remand to him but instead granted interim bail for 10 days, pending further proceedings.

Tanwar filed two petitions before the High Court- challenging his arrest as well as seeking quashing of the FIR in question.

His counsel submitted that Tanwar was entitled to transit bail to enable him to approach the court of competent jurisdiction in Nagaland.

It was Tanwar's case that registration of FIR in Nagaland was an abuse of the legal process and an act of harassment, as he had no connection to the State of Nagaland. His counsel argued that the FIR was lodged merely because the complainant, who was based in Nagaland, was offended by the content, even though the actions leading to the post took place in Delhi.

He further submitted that a the video would show that Tanwar did not name any Scheduled Tribe as notified by the Government of India or the State of Nagaland. It was argued that the use of the word 'Naga' cannot be stretched to bring the words uttered by Tanwar within the ambit of the SC/ST Act.

It was also Tanwar's case that the use of the slur 'chinki' and the naming of the Scheduled Tribe 'Naga' was falsely alleged by the complainant.

On the other hand, the State of Nagaland stated that the video made by Tanwar directly targeted the people belonging to Nagaland and had caused enmity between communities by commenting on the food habits of the Naga people in a highly offensive and discriminatory manner.

Granting transit bail to Tanwar, the Court observed that the social media post, while offensive to certain communities, did not appear to target individuals based on their caste or tribal identity.

“Furthermore, there is no evidence to suggest that the petitioner intended to humiliate or degrade any specific individual or group on the basis of caste,” it added.

The Court said that while Tanwar's act may have the impact of maligning the people residing in Nagaland, the same prima facie did not appear to be for the reason that the complainant belonged to a Scheduled Caste.

“Therefore, this Court deems it proper to grant transit bail to the petitioner for a limited period, to facilitate the petitioner's access to the appropriate legal remedies in Nagaland,” the Court said.

However, it dismissed Tanwar's plea seeking quashing of the FIR, with the liberty to file similar petition before the concerned Court.

“It is undeniable that the alleged offence had significant consequences in Nagaland, giving the Courts their valid jurisdiction. Therefore, both this Court and the Courts in Nagaland would have the jurisdiction to adjudicate this matter. At the same time, this Court must prioritize the convenience of all parties and avoid conflicting rulings from multiple jurisdictions,” the Court said.

Title: AKASH TANWAR v. STATE OF DELHI & ORS and other connected matter

Citation: 2024 LiveLaw (Del) 1169

Click here to read order