Jammu Court Allows Deepika Rajawat's Anticipatory Bail Application Over FIR On Navratri Tweet

Based on the arguments made by Rajawat's counsels, Senior Advocate PN Raina and Alok Bambroo, the Court of Judge Sanjeev Gupta has observed that she "deserves interim protection from her arrest."

Rajawat's counsels had submitted that her tweet was made "with an objective to raise voice against increasing rape cases in India and condemn people who bring atrocities on Women".

It was further stated,

"the said picture which highlights the hypocrisy of society towards women was not about religion. It neither abuse Hindu religion nor religious faith of Hindus."

They also argued that necessary ingredients required for commission of offence under sections 294,295-A and 505-B(2) IPC are not made out against the petitioner, who is a reputed advocate working for the protection of human rights in the UT of Jammu & Kashmir

"Petitioner has no intention of insulting the religion OF the religious beliefs of any class, much less the picture tweeted by the petitioner shows any intention to create enmity or hatred between different classes," they argued.

Accordingly, the Court has directed that in the event of Rajawat's arrest, she shall be enlarged on interim bail till next date of hearing subject to furnishing surety and personal bond to the tune of Rs. 50,000/- to the satisfaction of the IO.

She has however been directed to co-operate with the investigation and appear before the IO as and when required.

Background

The case concerns a FIR registered against her at the Gandhi Nagar police station in Jammu for allegedly hurting religious sentiments of a community in her tweet on Navratri.

On October 19, Rajawat had tweeted a cartoon, contrasting women safety with Devi pujan offered on Navratri, with a caption "Irony". The picture juxtaposed two scenes: in one scene, a man touching feet of a female Hindu deity during the nine-day Hindu festival of Navratri; in the other scene, with the header other days, a man is aggressively holding both the legs of a woman.

She has now been booked under Sections 505 (Statements conducing to public mischief), 294 (Obscene acts) and 295A (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of the IPC.

She has alleged that her tweet was painted communally by the BJP IT Cell 4, which also started an online campaign against her on social media demanding her arrest, and promoted the hashtag— #ArrestDeepikaSinghRajawat.

"They accused her of hurting religious sentiments and started filing frivolous complaints against her at different places," the pre-arrest bail states.

Thereafter, Rajawat made several tweets, alleging that she was being threatened by the public and was "Not feeling safe" anymore. She also alleged that a mob had assembled outside her residence, and raised slogans against her.

"On 19th itself, Bajrang Dal led by Rakesh Bajrangi, State President held protest outside her residence and extended death threats to her… The said protest continued till 1:00AM and to protect herself from the aggressive mob that assembled outside her residence, she had to call police which disbursed the mob," the application further states.

Rajawat had represented the Kathua gangrape victim in 2018.