Read Time: 04 minutes

A Delhi court today remanded Pinky Chaudhary, President of Hindu Raksha Dal, to 14 days judicial custody in the communal sloganeering case at Delhi's Jantar Mantar.

The order was passed by Metropolitan Magistrate Prayank Nayak on an application by the police seeking 14 days judicial custody of Chaudhary.

Earlier ASJ Anil had refused to grant interim bail to Chaudhary observing, "We are not a Taliban Ruled state. Rule of Law is the sacrosanct governing principle in our plural and multicultural society. While the whole of India is celebrating Azadi ka Amrit Mohatsav, there are some minds still chained with intolerant and self centric beliefs".

The court made some notable observations with respect to freedom of speech and expression as envisaged under Article 19(1)(a), stating that though it is the most cherished natural right enshrined in the Constitution, it is not an unfettered right.

"Nor can it be extended to transgress upon the fundamental right of other people, nor can it be expanded to the acts prejudicial to the maintenance of peace, harmony and public order," Court said while defining the limits of the fundamental right guaranteed to every citizen.

Court added that since the applicant, Pinky Chaudhary alias Bhupinder Tomar is the president of Hindu Rashtra Dal, his influence and stature may hamper the investigation which is still at a nascent stage, if the applicant is granted relief.

Thus, the court, while rejecting the plea has said that it is evident from the video in question played before court during the proceedings and the transcript submitted, that the same is impregnated with high ocatane communal bars and laced with inflammatory, insulting and threatening gestures.

"Ex-facie is indicative of calculative design on the part of the applicant to promote hatred and ill will amongst the other section of the community," the Court said.

On August 27, the single judge bench of Justice Mukta Gupta of Delhi High Court had issued notice in an anticipatory bail plea of Pinky Chaudhary which will be heard next on Sep 13.

Case Title: State Vs. Bhupinder Tomar