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Synopsis

The Punjab & Haryana High Court has dismissed the bail plea of a man accused of writing provocative slogans supporting the Khalistani movement and circulating inflammatory videos on social media.

The court, presided over by Justice Manjari Nehru Kaul, observed: “Prima facie the allegations against the petitioner are not only serious but strike at the core of national integrity and public security. The petitioner is accused of orchestrating activities aimed at reviving the Khalistani movement which poses significant threats to the stability of the State of Punjab and the nation as a whole.”

The petitioner, Raman @ Sonu, arrested on September 7, 2022 and charged under Sections 121-A, 124-A, 153-A, 120-B of the Indian Penal Code (IPC) and Sections 66-A, 66-F of the Information Technology Act, had approached the court under Section 439, Code of Criminal Procedure, 1973 (Cr.P.C) seeking regular bail.

The prosecution opposed the bail plea, contending that the allegations against the petitioner were grave and posed a direct threat to national integrity. It was alleged that he wrote provocative slogans in support of the Khalistani movement on the walls of the Punjab Armed Police Complex, an act allegedly intended to incite public unrest. Additionally, he was accused of circulating inflammatory and anti-national content via video, which was widely shared on social media. The prosecution further claimed that the petitioner was involved in multiple similar cases across Punjab and Himachal Pradesh, raising concerns about his role in activities that threatened national security and public order.

Contrarily, the petitioner argued that he has been in custody since September 7, 2022, and the trial had been unreasonably delayed. It was argued that the petitioner was not named in the FIR, no incriminating material was recovered, and the sanction for prosecution was still pending, making his continued detention unjustified. The petitioner maintained that the allegations against him were baseless and lacked evidence.

The court noted that the allegations against the petitioner were serious and directly impacted national integrity and public security. It stated, “the specific allegations against the petitioner include defacing public property by writing slogans supporting the Khalistani movement and circulating inflammatory video on social media. These acts, if proven, are not merely criminal but have the potential to incite violence, foster communal discord, and destabilize the social fabric of the State.”

The court further took into account that the petitioner was facing similar charges in multiple FIRs across Punjab and Himachal Pradesh, indicating a pattern of conduct rather than an isolated incident.

While acknowledging that there had been some delay in trial, the court emphasised that “it is not sufficient to outweigh the gravity of the allegations against the petitioner.”

Given the nature of the accusations and their potential consequences on public order, the court said, “Prima facie, the allegations against the petitioner pose a direct and severe threat to the sovereignty and security of the State. Therefore, in view of the serious and grave allegations, this Court does not deem it fit to accept the prayer of the petitioner.”

Accordingly, the petition was dismissed.

 

Cause Title: Raman @ Sonu v State of Punjab [CRM-M-6057-2024]

Appearance: Advocate Bhanu Pratap Singh, for the petitioner.; Mr. Amit Rana, Sr. DAG, Punjab, for the State