Bombay High Court: In the present case, applicant seeks anticipatory bail in a case registered with the police station for an offence punishable under Section 153-A(1)(b) of the Penal Code, 1860 (‘IPC’). A Single Judge Bench of Urmila Joshi-Phalke, J., granted bail to applicant and stated that the investigation papers nowhere reveal that there was any mens rea on his part to disturb the law and order or public order or peace and tranquility in the area where applicant had circulated the message “Jai Bharat, Jai Samvidhan, Jai Naxalwad”.
Background
Assistant Police Inspector working in Anti-Terrorist Squad at Yavatmal, lodged a complaint stating that on 03-06-2024, he received a letter from the office of the Special Inspector General of Police (Anti Naxal Operation) that applicant had written an article and circulated the same on WhatsApp, which contained a slogan “Jai Bharat, Jai Samvidhan, Jai Naxalwad”. It was further stated that applicant was a supporter of Naxalites, and he promoted enmity between different groups on grounds of religion, race, place of birth, residence, language, and thus he committed an offence. Based on the said letter and the complaint, FIR was registered under Section 153-A(1)(b) of IPC.
Counsel for applicant submitted that applicant was serving as an Insurance Agent with utmost sincerity, was a law-abiding citizen and believes in national integrity. He had no criminal antecedents against him, political affiliation, and connection with any Anti National Organizations or Naxalites. Applicant’s act did not promote prejudicial to maintenance of harmony or did not disturb public tranquility, and allegations were not sufficient to attract Section 153-A of IPC as mens rea was absent.
Analysis, Law, and Decision
The Court took note of the investigation papers, which revealed that applicant did write a message and circulated the same through social media i.e., WhatsApp and in the message, applicant had written the said slogan “Jai Bharat, Jai Samvidhan, Jai Naxalwad”.
The Court stated that Section 153-A of IPC provided for punishment for promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, caste, or community, or any other ground whatsoever or brings about disharmony or feeling of hatred or ill-will between different religious, racial, language or regional groups or castes or communities.
The Court relied on Balwant Singh v. State of Punjab, (1995) 3 SCC 214, wherein the Supreme Court held that where written or spoken words have tendency or intention of creating public disorder or disturbance of law and order or effect public tranquility, the law needs to step in to prevent such an activity.
The Court stated that in the present case, there was no disturbance of law and order or public order or peace and tranquility in the area after the said message was circulated or on account of activities. The intention to cause disorder or incite people to violence was sine qua non for the offence under Section 153-A of IPC. The Court further stated that the investigation papers nowhere reveal that there was any mens rea on applicant’s part to disturb the law and order or public order or peace and tranquility in the area where applicant had circulated the said message.
The Court stated that there was no compliance by issuing notice under Section 412 of the Criminal Procedure Code, 1973 and the investigating officer had not recorded any ground to show that why the arrest of applicant was required and as far as applicant’s custody to seize his mobile phone was concerned, the same could be taken care of by imposing certain conditions.
The Court allowed the application and released applicant on bail, on his executing a P.R. Bond in the sum of Rs 25000 with one solvent surety of the like amount.
[Nitin v. State of Maharashtra, 2024 SCC OnLine Bom 2885, decided on 02-09-2024]
Advocates who appeared in this case :
For the Applicant: N.S. Khandewale, Counsel
For the State: T.H. Udeshi, Additional Public Prosecutor
Buy Penal Code, 1860 HERE
1. Corresponding Section 196 of the Nyaya Sanhita, 2023
2. Corresponding Section 35 of the Nagarik Suraksha Sanhita, 2023
