: Delhi court grants bail to Mohd Zubair, says dissent necessary for healthy democracy #IndiaNEWS #India New Delhi: Delhis Patiala House Court on Friday while granting bail to Alt News co-founder Mohammed
Delhi court grants bail to Mohd Zubair, says dissent necessary for healthy democracy #IndiaNEWS #India
New Delhi: Delhis Patiala House Court on Friday while granting bail to Alt News co-founder Mohammed Zubair in a case related to an allegedly objectionable tweet, observed that the voice of dissent is necessary for a healthy democracy. Therefore, merely for criticism of any political parties it is not justified to invoke section 153A and 295A of IPC.
Additional Sessions Judge Devender Kumar Jangla said, Democracy is a government by the people via open discussion. Democracy can neither work nor prosper unless people go out to share their views. Article 19(1)(a) of the Constitution of India gives freedom of speech and expression to its citizen.
Undoubtedly free speech is the proper foundation of a democratic society. A free exchange of ideas, dissemination of information without restraint, dissemination of knowledge, airing of differing viewpoints, debating and forming ones own views and expressing them, are the basic indicator of a free society, the judge said.
This freedom alone makes it possible for people to formulate their own views and opinions on a proper basis and to exercise their social, economic and political rights in a free society in an informed manner.
The court noted that the present case relates to the tweet of an image along with two words Before 2014 and After 2014. It is stated by Delhi Police counsel for the state that the image tagged with a tweet has hurt the sentiments of the Hindu community and is sufficient to incite feelings of hatred among people which is punishable under Sections 153A and 295A Indian Penal Code(IPC).
It also noted the Special Additional Public Prosecutor for the state has also pointed out that the word Before 2014 and After 2014 is pointing towards the ruling political party to show the state of affairs in a prejudicial manner.
The Hindu religion is one of the oldest religions and most tolerant. The followers of the Hindu religion are also tolerant. Hindu religion is so tolerant its followers proudly name their institution/organization/facilities in the name of their Holy God or Goddess.
A large number of Hindus proudly name their children in the name of their Holy God and Goddess. The website of the Ministry of Corporate Affairs, Government of India reveals that a number of companies are incorporated in the name of the Holy Hindu God or Goddess. Therefore naming of an Institute, Facility or Organization or child in the name of a Hindu Deity on the face of it, is not violative of Section 153A and 295A IPC unless the same is done with malice/guilty intention. The alleged act would come into the category of offence only when it is done with a guilty intention, said the court order.
Additional Sessions Judge Devender Kumar Jangla on Friday granted bail to Zubair and directed him to deposit a personal bail bond of Rs 50,000 and one like amount surety.
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