Read Time: 04 minutes

The Delhi High Court today issued notice in an anticipatory bail plea of Pinky Chaudhary, President of Hindu Raksha Dal, an accused in the communal sloganeering incident at Delhi's Jantar Mantar.

The single judge bench of Justice Mukta Gupta however refused to pass orders granting interim protection to Chaudhary.

The Court has listed the matter for next hearing on Sep 13.

A Delhi Court on Aug 21 had rejected the anticipatory bail plea of Chaudhary.

Dismissing the bail plea ASJ Anil Anil of Patiala House Courts, New Delhi had said "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".

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.

"Neither can it be extended to transgress upon the fundamental rights of other people, nor can it be expanded to acts prejudicial to the maintenance of peace, harmony and public order," the court said while defining the limits of the fundamental right guaranteed to every citizen.

Court had 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.

The court while rejecting the plea had 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 sections of the community," the Court said.

Case Title: Bhupinder Tomar alias Pinki Chaudhary vs The State of NCT of Delhi