'A Delhi Court on Thursday, 12 August rejected the bail applications of President of 'Save India' Preet Singh, President of 'Hindu Force' Deepak Singh Hindu, and Vinod Sharma for their purported involvement in the inflammatory and Islamophobic sloganeering at Jantar Mantar.
Link Metropolitan Magistrate Udbhav Kumar Jain, dismissing the bail plea, observed that the men could be discerned making scathing remarks, which are undemocratic and uncalled for from a citizen of this country where principles like secularism hold the value of basic feature imbibed in the Constitution'.
The court, hearing the bail order, had played some portions of the video clips of the incident on Thursday. It remarked that while every citizen had the fundamental right to express themselves, they also had a duty to preserve religious harmony, under Section 153 of the Indian Penal Code.
THE COURT ORDER
Noting that while Freedom to express oneself is indeed allowed to be enjoyed by the citizens to the “fullest possible extent”, the Court in its order, observed: “…yet with every right there is a corresponding duty attached.”
“The principle behind Section 153A IPC is to preserve religious/communal harmony and it is the duty of every citizen that while he enjoys his right to express himself, he preserves religious harmony."Link Metropolitan Magistrate Udbhav Kumar Jain
"This indeed is the positive aspect of Secularism," the Court added.
Further, observing that they cannot check the veracity of the video clippings in the present stage, the Court did not deem it fit to release the three individuals on bail.
The gathering in question – a march against Colonial laws – had been called by BJP leader Ashwini Upadhyay on 8 August. The rally had reportedly been organised without prior permission from the Delhi Police.
Delhi Police sources had earlier confirmed to The Quint that Vinod Sharma, Vineet Kranti, Ashwini Upadhyay, and Preet Singh had been detained on Monday night by the New Delhi District, Delhi Police, while two men, both named Deepak, had been detained at the Crime Branch.
However, a Delhi court had granted bail former BJP spokesperson Ashwini Upadhyay on Wednesday. The bail has been granted on a bond of Rs 50,000.
(With inputs from The Indian Express)