"Such People Disturb Secular Character Of Nation": Gurugram Court Denies Bail To Rambhagat Gopal In Alleged Communal Speech Case

Perusing the contents of the FIR and the video recording available, the Court noted that it was clear that a gathering was present where the accused, Gopal Sharma gave hate speeches and used inflammatory language raised slogans in the name of religion to kill persons of particular religious community.

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"If such persons are allowed to move freely and to indulge in such kind of activities, the very existence of communal harmony may be disturbed." pic.twitter.com/1DpfRtI7Hy

— Live Law (@LiveLawIndia) July 16, 2021

The Judge Mohd. Sageer observed that the Conscience of the Court was utterly shocked while seeing the actual incidents which took place at that time, in the video recording.

"The act of the accused i.e. hate speech qua instigating abduction and killing of girls and persons of a particular religious community is itself a form of violence and such people and their inflammatory speeches are obstacle to the growth of a true democratic spirit," observed the Court.

Denying him bail, the Court said that enlarging him on bail despite his heinous crime which amounts to divide of the peaceful society on the basis of religion or caste would give the wrong message to the divisive forces.

Significantly, the Court also said:

"Our Constitution even gives protection to non-citizens of India then its the duty of the state as well as the Judiciary to ensure that Citizens of India of any religion or faith or caste should not feel unprotected and that such hate mongers cannot walk freely without any fear."

Noting that religious tolerance is the need of the time and not the Intolerance, the Court observed that it is necessary for individual within the society to get along, especially when a variety of cultures and the people with different religious beliefs live in one community or nation.

The Court even went ahead to stress that such kind of people who are trying to create disharmony and imparting hatred amongst the common people are actually harming this country more than the pandemic as the pandemic will take the life of any person without seeing the religion or caste and only upon the negligence but if any communal violence takes place following such hate speeches then lots of innocent lives will be lost only on the basis of religion and without any negligence on the part of such innocent people.

Hence, observing that the alleged offenses committed by the accused person are very serious and severe in nature and that the consequences of these kinds of activities may be far more dangerous and it may translate into communal violence, the Court denied him bail.

Lastly, the Court also observed thus:

"At this juncture, rights of the accused of his personal liberty cannot be preferred against the right of the society in peaceful communal harmony and balance lies in favour of the later."

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