Liberty to seek bail again after 30 days: Madhya Pradesh HC denies bail to congress leader for 'kill Modi' remark
A video went viral in which former State Minister Raja Pateria could be seen giving a speech using derogatory language for PM Modi and asking the people to "kill" him in order to "save" the Constitution.
The Madhya Pradesh High Court has denied bail to Congress leader Raja Pateria- accused of goading a group of people to "kill" the Prime Minister of the country Narendra Modi.
The single judge bench of Justice Sanjay Dwivedi opined that prima facie looking at the period of Pateria's incarceration i.e. December 13, 2022 and the manner of the alleged crime, if bail had been granted to him, it would have sent a wrong message to the society.
However, while rejecting the bail application, the court granted Pateria liberty to resuscitate the prayer of bail by filing a new application after a period of thirty days from the date of the order.
Allegations against Pateria, who has been a state minister in the past, are that in an ongoing meeting of Congressmen, he made a speech overtly using filthy and intimidating language and asked the people to "kill" PM Modi in order to save the Constitution. Allegedly, he also instigated the persons of minorities in the wake of their religion, caste and language.
When a video of the said meeting went viral, the Madhya Pradesh government ordered a police case against the Congress leader. Thereafter, a case was registered against Pateria on December 12, at Pawai police station in Panna under Sections 451, 504, 505(1)(B), 505(1)(C), 506, 153-B(1)(C), 115, 117 of Indian Penal Code.
Moving the bail application under Section 439 of the Code of Criminal Procedure before the High Court, Pateria's counsel submitted that false colour had been given to the matter by the prosecution by manipulating the concerned video-clip out of politically-oriented animosity.
The counsel claimed that Pateria's speech was merely a political stunt which is often attempted by political leaders to disseminate their agendas by belittling the achievement or merits of leaders of the opposite party. He pressed for Pateria's bail contending that by the said speech, there was no intention of Pateria to throw dirt over anybody's character or life or to cause disharmony in the society.
However, the counsel for the state government opposed the bail plea arguing that it is highly unexpected from a political leader to overtly disparage the image of a rival leader that too of the Prime Minister of India.
He further stressed that there were statements of various eyewitnesses available on record which crystalize the unruly act of the former state minister.
Apart from the submissions made, Court took into consideration the case diary as well as the viral video which was played before the bench and said that though the sanctity of video-clipping could not be tested at the present stage, still there was no occasion for the Congress leader to use such a derogatory language for the Prime Minister of the country and abet a mob to commit a crime.
"Supposedly, the public leader should be vigilant in using the words during their speech, which may distract the minds of his followers/spectators," Court said.
Further, highlighting that it has become a fashion of some public leaders to seek popularity of their followers without caring for the consequence of deliverance, court ruled against Pateria and dismissed his bail plea.
Case Title: Raja Pateria v. State of Madhya Pradesh