The Delhi High Court, on Friday, 27 August, denied interim protection from arrest till next date of hearing to Bhupinder Tomar alias Pinky Chaudhary, a prime accused in a case of communal and inflammatory sloganeering at a Jantar Mantar event in the National Capital on 8 August.
Justice Mukta Gupta of the Delhi High Court has, however, issued notice on his anticipatory bail plea and fixed the next date of hearing to 13 September.
The Delhi High Court, as per LiveLaw, said:
“Prima facie the FIR suggests that slogans and speeches were given, let them file a status report.”
Chaudhary is the president of Hindu Raksha Dal.
WHAT HAPPENED IN COURT?
Advocate Vishnu Shankar Jain, appearing for Chaudhary, claimed that his client did not raise any slogans that have been mentioned in the FIR.
Further, Jain pointed out that Ashwini Kumar Upadhyay, the main organiser of the event, has been granted bail in the matter, and said: “There is nothing against my client for the Prosecution to say that they want to arrest me and take me into custody.”
The court, meanwhile, observed that the FIR is a preliminary document and also sought a status report to be filed in the matter.
AND WHAT DID THE PROSECUTION ARGUE?
APP Tarang Srivastava, representing the Prosecution, submitted that the three videos provided by him to the court show that anti-Muslim slogans were, in fact, chanted at the event.
He also pointed out that two transcripts, submitted to the court, show that the organisers of the event, in an interview, made their position clear regarding what transpired.
“He was very much part of the event and was one of the organisers. We have filed another video wherein one of the participants went live on Facebook and was abusing a particular community.”APP Tarang Srivastava
On being asked by the court if Chaudhary is seen in the said video, the Prosecution stated that one of Chaudhary’s co-accused is leading the event, and he comes subsequently in it.
Previously, a Delhi court had dismissed Pinky Chaudhary’s anticipatory bail plea.
WHAT HAPPENED AT JANTAR MANTAR?
Videos of a purported gathering at Jantar Mantar on 8 August, with hundreds in attendance, have been widely circulated on social media. The videos show a crowd shouting incendiary, violence-inciting slogans.
The gathering — a march against colonial laws, is believed to have been called by former BJP spokesperson Ashwini Upadhyay. The rally had also reportedly been organised without prior permission from the Delhi Police.
Meanwhile, Ex-BJP spokesperson and Supreme Court advocate Ashwini Upadhyay denied knowledge of anti-Muslim sloganeering at his event, claiming that the incident in question happened after his rally had ended.
Uttam Malik, who belongs to an outfit called Bhagwadhari Yodha Sangh, had also been identified as having a role in the sloganeering.
In a video recorded at the Jantar Mantar event, the youth said that he was a follower of Yati Narsinghanand Saraswati, the head priest of the Dasna Devi temple’s (Ghaziabad), who has regularly been in the news for his controversial statements.
(With inputs from LiveLaw)
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