Jantar Mantar Sloganeering Case- Delhi High Court Grants Bail To Preet Singh

The Delhi High Court on Friday granted bail to Preet Singh, accused in connection with the alleged inflammatory and anti-Muslim sloganeering at Jantar Mantar.

Justice Mukta Gupta pronounced the order after reserving it earlier this month on hearing Advocate Vishnu Shankar Jain appearing for accused Singh and Tarang Srivastava appearing for the Prosecution.

Singh is the President of Save India Foundation and is alleged to be the co-­organizer of the event where the inflammatory slogans were shouted. His bail was rejected by a Sessions Court on August 27 after observing that he was clearly seen, actively participating in the incendiary speeches along with other associates.

During the course of his bail hearing, Jain had submitted that an hostile point of view, even if the same is extreme, cannot attract Section 153A of IPC unless enmity is promoted between different religious groups.

Refuting the prosecution's argument that the event was organized for the purpose of demanding a Hindu Rashtra, Jain submitted that the meeting was for demanding uniformity in laws, such as one nation one tax, one civil code, one health code etc. He also apprised the Court that people were dispersed after the Police had objected that the meeting was being conducted without due permission. 

Relying on the status report filed by the Prosecution, Jain submitted that the same does not reflect even a single averment showing that Preet Singh committed any of the offence as alleged in the matter. He also submitted that Singh was not present at the event when the alleged sloganeering happened.

"With all due respect, If my ladyship holds that demand of Hindu rashtra in a democratic setup comes within the purview of sec. 153A IPC, then I will not press my bail application," Jain had submitted.

Refuting this, Srivastava submitted that the judgment has no relevance in the case in hand as there has been clear comments made against a community by accused persons.

Srivastava also relied on transcripts including videos showing people chanting slogans against people from a particular community.

"It is not criticism. It's not about freedom of speech & expression. They are incendiary comments to insult a particular community," Srivastava had submitted.

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".

Singh was booked under Sections 188 (Disobedience to public servant's order), 269-270 (Negligent act likely to spread infection of disease danger­ous to life), 153­A (Promoting enmity between different groups on grounds of religion, etc.), 120­B (Criminal conspiracy) and 34 of IPC.

Rejecting his bail plea, the Sessions Court had observed:

"That prima facie on the basis of the material placed on record and the submissions put forth by the prosecution, it is observed that there has been active participation by the applicant in his individual capacity and also as the main organizer of the event itself which was conducted at Jantar Mantar in spite of the denial of permission by the Delhi Police and total disregard to Covid­19 protocol issued by the Govt. of India."

A Court had granted bail to former Delhi BJP Spokesperson and Supreme Court Lawyer Ashwini Upadhyay, who was arrested and remanded to two days judicial custody in the matter.

Case Title: Preet Singh v. State

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