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Court rejects bail in case of hate speech against communities
6/23/2021 11:37:10 PM

EARLY TIMES REPORT

Jammu, June 23: CJM Jammu today rejected the bail application of Darshan Lal Thappa whose video went viral delivering hate speech against communities on social media.
CJM Jammu, Amarjeet Singh Langeh observed that during the course of investigation conducted so far, it has come to fore that petitioner seems to have made a speech before audience comprising of representatives of different organizations - exhorting therein that a community (name of said community is purposely withheld herein lest its disclosure may not be a prudent given the sensitivity of the issue involved) - hereinafter referred to as particular community engineered partition of country so as to maintain its monopoly to rule the nation.
CJM Jammu after hearing Adv Pawan Kundal for the applicant whereas APP Kuldeep Bhat for the police observed that prima facie, speech alluded to petitioner in the video that has allegedly gone viral - is undoubtedly not only too outrageous but also highly obnoxious and brazen display of hate and ill-will against the community that petitioner is time and again referring to in his speech.
The degree and extent of toxicity that petitioner has demonstrated in said speech has all and every propensity not only to stir up the emotions of targeted community but also promote and encourage disharmony, feelings of enmity and ill-will between different communities besides showing the particular community in bad taste and poor light. Society cannot afford to nurture grudges and brazenly propagate hatred interse different communities.
As they say, freedom of speech comes with responsibility. Evidence collected thus far during investigation does not give even a prima facie whiff that petitioner displayed such responsibility. The context, content and impact of video in question therefore squarely attract prima facie involvement of petitioner in commission of offence under section 153-A of IPC. That the political thesis or historical truth if it be so - cannot be so presented as to promote feeling of enmity, hatred or ill-will between different communities. With these observations Court rejected the bail application. (JNF)
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