The Kerala High Court granted interim anticipatory bail to Aisha Sultana, filmmaker in Lakshadweep, in the sedition case registered against her over the “bio-weapon” remark which she made while criticizing the regulations by the island administration.
The bench also ordered that she should make an appearance before the Kavaratti police for the interrogation scheduled on June 20, 2021, according to the notice served to her under Section 41A of CrPC.
However, the bench made it clear that in the event of her arrest, she should be released on bail. If the arrest is made after the interrogation, then she would be allowed to demand presence of her counsel as per Section 41D of CrPC.
In the instant case, the applicant approached the court and sought for a protection in the FIR registered against her by the Kavaratti police under Section 124A i.e. sedition and Section 153B i.e. acts against national integration, of IPC.
The FIR had been based on a complaint filed by BJP worker against the alleged remarks the applicant made during a debate on a channel. The applicant remarked that the Government of India had used a “bio-weapon” against the island inhabitants.
The counsel on behalf of applicant submitted that the remark had been made in light of criticizing the Lakshadweep’s administration’s decisions which relaxed the COVID protocol on quarantine. Subsequently, this relaxation resulted in exponential surge in COVID-19 cases in the island, where not even a single case had been recorded until January.
The counsel clarified that the remark had been made in the “heat of the moment” during a channel debate, for which later the applicant had issued an apology as well.
The opposition counsel argued that the “bio-weapon” remark had the tendency to create disaffection amongst the island inhabitants against the Government of India. The counsel also submitted that the remark might’ve been made in context of ongoing protests in the island against the new rules.
The opposition counsel also submitted that the applicant has been placed on an influential position and her remarks might be sufficient to create a bad image of government of India and thus held her statements to be ones covered under Section 124A of IPC.
As of now, the bench has reserved the final orders on her bail application.
Leave a Reply