Madras High Court Grants Bail to Ex-Army Man Booked for Criticising Hijab Verdict
The Madras High Court, Madurai Bench, recently granted bail to a 60-year-old retired Army man who was arrested last month for allegedly making a hate speech against the judiciary and political leaders during a 2022 protest against a court verdict dismissing the pleas against ban on hijab in educational institutions.
The bench of Justice P. Vadamalai observed that further incarceration was not necessary, noting that the investigation appeared complete. The petitioner, Palai Rafi alias Mohamed Rafi, was granted relief after spending nearly a month in custody.
According to the prosecution, Rafi was among the speakers at a protest meeting held on March 20, 2022, opposing a court order that upheld a ban on Muslim girls from wearing the hijab in schools and colleges. He allegedly made derogatory comments against the judges who delivered the verdict, as well as against political parties and non-political leaders who supported it.
An FIR was registered against him under various IPC provisions, including Sections 153A (promoting enmity), 504 (intentional insult), and 505 (statements conducing to public mischief). Though Rafi was initially granted anticipatory bail in July 2022 after submitting an unconditional apology, the relief lapsed due to non-compliance with conditions. He was later arrested on June 20, 2025.
The high court took note of the fact that the co-accused in the case had already secured anticipatory bail, and the police had not objected to it. Observing that the petitioner is a senior citizen and a former serviceman, court said continuing his detention would serve no purpose, especially as there was no allegation of further provocation or violence following the speech.
While allowing the bail plea, court imposed several conditions, including a Rs. 25,000 bond with two sureties and daily appearance before the police. Court also warned that any breach of the conditions would invite appropriate legal consequences, including the registration of a fresh FIR.
Case Title: Palai Rafi @ Mohamed Rafi vs. The State of Tamil Nadu
Order Date: July 18, 2025
Bench: Justice P. Vadamalai