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A Delhi Court has rejected pre arrest bail application of Preet Singh, accused in the anti muslim sloganeering at Jantar Mantar, Delhi.

Additional Sessions Judge Anil Antil dismissing the anticipatory bail application of Singh observed that the material placed on record revealed that there has been active participation by Singh in his individual capacity and also as the main organizer of the event at Jantar Mantar in spite of the denial of permission  by the Delhi Police and total disregard to Covid 19 protocol issued by the Govt. of India.

The Court further observed that from the audio visual material it was evident that the key attendees and other who were present both on and of the stage were there as invites of Singh and other associated groups.

 On the Fundamental right to assemble freely the Court said that,
"The right to assemble and freedom of air once thoughts are cherished under the Constitution of India, however, there are not absolute, there are to be exercised with inherent reasonable restrictions. it is aposite to mention that the applicant not only voluntarily organized th event but also actively participated and provided support to the views and contents of inflammatory speeches, which were being made by the participants/accused persons at that time,  by acknowledging and endorsing via gestures and clappings intermittently."

"Given the stature of the applicant, it was expected that he ought to have exercised his authority, in these circumstances and prevented participants from the erring such inflammatory opinions in the larger interest of te public/committee welfare. on the other hand, applicant is clearly seen actively participating in the incendiary speeches alongwith his associates", the Court said.

Keeping in view that Singh  was   an   active   organizer   of   the   event,  the Court said  “he   can   not   later absolve   himself   of   the   responsibility   of   the   content   or   consequences arising therefrom”.

Advocate Azad Singh appearing for Singh contented that  Singh has been falsely implicated in the present case in connivance of his opposition leaders despite the fact that he was not named in the FIR.

It was further argued that there was no complaint in verbal and writing or PCR call against the applicant or any other person qua the offences as alleged in the FIR and the present case is simplicitor to put undue pressure upon him with teh intention to harm his reputation prestige and status in the eyes of the public.

 Addl. PP SK Kain for the State vehemently opposing the bail application said that Preet Singh is president of Save India foundation and the coorganizer of the event where the inflammatory slogans were raised 

Kain submitted  that Singh had  given a call to assemble  at Jantar Mantar on the alleged day of incident with ulterior motive, despite the refusal of the permission by the competent authority and he reached there along with his supports of Save India Foundation  and joined the procession, as planned earlier, without going into the depth of the repercussions of joining his procession.

A Delhi Court on August 21 had rejected the Anticipatory bail plea of Pinky Chaudhary, President of Hindu Raksha Dal, also accused of communal sloganeering at Delhi's Jantar Mantar. 

 

Case Title: State vs Preet Singh