The court said that ‘politicians should be a role model to the society’ and that the tendency nowadays to make statements based on religion, caste, etc ‘should be nipped in the bud’.
KOCHI — The Kerala High Court on Friday rejected the anticipatory bail plea filed by BJP leader P C George in connection with a hate speech he made during a television debate recently, saying that it will give a wrong message to the society.
While participating in a TV channel discussion on January 5 this year, George said: “All Muslims in India are terrorists and communalists. Not a single non-terrorist Muslim lives in India. Muslims are looters who plunder the country’s wealth. Lakhs of Hindus and Christians have been slaughtered by Muslims to create a Muslim state. All Indian Muslims should go to Pakistan. All Muslims are communal demons and scoundrels”.
The High Court also said that “politicians should be a role model to the society” and that the tendency nowadays to make statements based on religion, caste, etc “should be nipped in the bud” as they are against the basic structure of the Constitution, PTI reported.
It further said that the Parliament and the Law Commission should consider whether an offender who makes such statements should be allowed to escape by paying a fine.
The High Court also drew the attention of the Law Commission and the Parliament to the need for a mandatory jail sentence in cases, like that of George, where such statements are made continuously.
Denying the relief to the BJP leader, Justice P V Kunhikrishnan said the High Court had in 2022 granted bail to George in two hate-speech related cases with the condition that shall not make any statement which would tend to result in the commission of offences under sections 153A (promoting enmity between different groups on grounds of religion) and 295A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of the IPC.
The corresponding sections in the Bharatiya Nyaya Sanhita (BNS) to sections 153A and 295A of the IPC are sections 196 and 299 for which he was booked in the latest hate speech case against him.
The High Court said that George violated the conditions of the bail granted to him back in 2022 and if any relief is granted in these types of cases, “that will give a wrong message to the society”.
“The people may think that, even if the bail conditions are violated, they will get anticipatory bail from the court of law. Such a message should not go to the society.
“Therefore, I am of the considered opinion that the petitioner (George) is not entitled to anticipatory bail. There is no merit in this bail application. Accordingly, the bail application is dismissed,” Justice Kunhikrishnan said.
The High Court also said that George’s apology, “after making abusive statements which may result in communal disharmony”, cannot be accepted.
The petitioner (George) ought to have thought that he was participating in a live coverage discussion on a channel. Lakhs and lakhs of people are watching the television. All the people need not look into the Facebook post of the petitioner posted on the next day.
“Therefore, I cannot agree that, simply because the petitioner gave an apology, the offence is wiped off,” Justice Kunhikrishnan said.
George, a former MLA, was accused of delivering a hate speech against a minority community during a TV channel discussion.
His lawyers had argued that his custodial interrogation was not required and the offences he was booked for carried jail terms of less than seven years, therefore, he can be granted anticipatory bail.
The High Court, however, rejected the contentions, saying that non-requirement of custodial interrogation or maximum jail term in a case being less than seven years would not result in grant of anticipatory bail in a routine manner.
“The antecedents of the accused and the seriousness of the allegations are also important aspects to be considered by the court,” it said.
The High Court further said that on perusing the video of the comments made by George, prima facie a case under sections 196 and 299 of the BNS was made out.
He had approached the High Court after the Kottayam District Sessions Court rejected his anticipatory plea in a case registered by the Erattupetta police, based on a complaint lodged by Muhamed Shihab, a Muslim Youth League leader, for allegedly making remarks that could incite religious hatred.
He was booked under sections 196(1)(a) and 299 of the BNS, as well as section 120(o) of the Kerala Police Act.
