The Single Bnech of Justice Ashok Menon of Kerala high court has granted anticipatory bail to Aisha Sultana, activist and filmmaker, who is accused of sedition charge over her remarks against Lakshadweep administrator Praful Khoda Patel.
The Applicant has approcahed the court to grant bail in connection to case registered against the him under various sections of the Indian Penal Code (IPC) on a complaint by Lakshadweep BJP president C Abdul Khadar Haji. Sultana was served a notice under Section 41A Code of Criminal Procedure (CrPC), and the police asked her to appear at Lakshadweep Police headquarters in Kavaratti, in connection with the case.
In the complaint, a debate on a Malayalam news channels has been cited, in which Sultana called the Union territory’s administrator, Praful Khoda Patel a "bio-weapon". Haji said her words were in bad taste and intended to create hatred and aversion in the minds of people.
The Counsel on behalf of the applicant has submitted that she is innocent and the allegations of sedition and inciting disharmony among groups of people are totally false and unsustainable and that it is made with ulterior motive and vexatious intentions. The applicant as a native of the island is against the implementation of the revised and relaxed SOP bringing about the change in Covid 19 protocol for those who reach the islands.
On the Other hand, the counsel for Lakshadweep administration opposed the bail plea, asserting that Sultana made a powerful, noxious assertion against the government of India.
The Kerala high court has obserevd that,
"The learned Senior Counsel has stated that the applicant has expressed her regret about the use of the words 'bio weapon'. Custodial interrogation of the applicant and her incarceration in prison, particularly in these pandemic times may not be required. The prosecution has also not expressed any fear of her fleeing from justice or not co-operating with the investigation. Nor has the prosecution expressed its intention to subject the applicant to custodial interrogation."
The Court whi;e granting the anticipatory bail application has further noted that,
"There is no evidence that can be tampered with or witnesses to be influenced or intimidated. Consequent to the granting of interim anticipatory bail, the applicant was directed to appear before the investigating officer for interrogation, and there is no report that she has not complied with that direction of this court."
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