The Madhya Pradesh High Court in the case Raja Pateria vs. State of Madhya Pradesh observed and has denied denied bail to State Congress leader Raja Pateria in a case over his alleged remark for asking people to ‘Kill’ Prime Minister Narendra Modi to save the Constitution and the future of minorities and the Dalits. It has been observed by the court that it is not being expected from the public leader to use foul language disparaging the image of leaders of a high-up place, like the President and the Prime Minister, and engendering the consternation in the society. The bench headed by Justice Sanjay Dwivedi also added that the public leader should be vigilant in using of the words during their speech, which may be distracting the minds of their followers or spectators. However, the court is of the view that the manner in which the alleged crime had been committed Pateria cannot be granted bail in as much a manner as it will give a wrong message to society.
FACTS OF THE CASE
As per the allegations made by the prosecution, Pateria had, in an ongoing meeting of Congressmen, made a speech overtly using filthy and intimidating language which conspires to commit murder of the Prime Minister of the country and further instigating the persons of minorities in the wake of their caste, language and religion. An FIR has been lodged against him under Section 451, Section 504, Section 505(1)(B), Section 505(1)(C), Section 506, Section 153- B(1)(C), Section 115, Section 117 of the Indian Penal Code, 1860 and on December 13, 2022 he was being arrested. Earlier, the Lower court rejected his bail plea and thus, he moved to the High Court seeking bail in the case. The counsel, Senior Advocate Shashank Shekhar appearing for Pateria argued that the prosecution had given a false color to the incident by manipulating the video-clip, just for bringing home the charge against the applicant. Further, it has been submitted that Pateria is a respectable and an experienced political leader, and he had merely given a speech for maintaining normalcy in language and that it was just a political stunt and there being no intention of the applicant to throw dirt over anybody’s character or life which is causing disharmony in society. It has also been argued by the counsel appearing for the State that that Pateria eloquently made a speech using words to provoke other persons of minorities, castigating the image and conspiring the murder of the Prime Minister. Adding to it, the court stated that on account of the short span of incarceration, the bail application of Pateria’s deserves outright dismissal.
ORDER OF THE COURT
The court while taking into account the submissions of both parties stated that the sanctity of video-clipping cannot be tested at this stage and treating the same to be true would not be a proper for consideration at the stage of bail application. Further, it has also been added by the court that there being no such occasion for Pateria, who is a public leader, for using such derogatory language for the Prime Minister of the country abetting the mob for committing a crime. Accordingly, the court while looking at his period of incarceration (since December 13, 2022), the court refused to grant him bail. Therefore, he was set at liberty to resuscitate the prayer of bail by filing of a fresh application after a period of thirty days.
