“Say ‘Bharat Mata ki Jai’, Salute tricolour 21 times”; MP HC grants bail to accused for shouting “Pakistan Zindabad, Hindustan Murdabad”

Madhya Pradesh High Court: In an application filed under Section 439 of the Criminal Procedure Code, 1973 (CrPC), seeking regular bail where the applicant was arrested for allegedly shouting slogans “Pakistan Zindabad, Hindustan Murdabad” at a public place, a single-judge bench of Dinesh Kumar Paliwal, J., granted bail to the applicant but imposed stringent conditions, such as, mandating the applicant to salute the national flag 21 times and shout “Bharat Mata Ki Jai” each time at the police station.

In the instant matter, the applicant, Faizal was arrested in connection with an FIR dated 17-05-2024, for allegedly shouting slogans “Pakistan Zindabad, Hindustan Murdabad” at a public place. This act was construed as an attempt to promote enmity between different groups and prejudicial to maintaining national harmony. The applicant has been in detention since the date of the incident, and a charge sheet has been filed after the investigation.

While claiming that he is innocent, the applicant contended that he has been falsely implicated in the case. The applicant admitted that he was seen shouting the slogans in the video but emphasised that the offence is triable by a Judicial Magistrate First Class (JMFC) with a maximum sentence of three years, therefore the applicant is liable to be granted bail with stringent conditions.

However, the State opposed the bail and argued that the applicant has a history of criminal behavior, with 14 prior cases registered against him. The State contended that the applicant attempted to promote enmity between different groups and his act amounts prejudicial to maintenance of harmony and national integration. It was contended that the applicant’s actions can be seen as a direct affront to the country in which he was born. The prosecution criticised his continued presence in India, despite openly opposing the nation and stated that “if he is not happy and satisfied in this nation, he may opt to live in the country of his choice for which he raised slogan of “jindabad”.” According to the prosecution, applicant’s behavior reflects anti-national sentiments, and his bail should be opposed.

The Court noted that the applicant indeed has a criminal background with 13 prior cases and also acknowledged the evidence of the applicant shouting the inflammatory slogans. However, taking into consideration all the facts and without making any comments on the merits of the case, the Court decided to grant bail to the applicant, subject to stringent conditions aimed at instilling responsibility and national pride in the applicant. The conditions of Bail are as follows —

1. The applicant is to furnish a personal bond of ₹50,000 with one solvent surety of the same amount to the satisfaction of the trial court.

2. The applicant is required to regularly appear before the trial court.

3. The applicant must mark his presence at Misrod Police Station, Bhopal, between 10 AM to 12 PM on the 1st and 4th Tuesdays of every month until the conclusion of the trial.

4. The applicant is mandated to salute the national flag 21 times and shout “Bharat Mata Ki Jai” each time at the police station.

5. The applicant must abide by all the conditions under Section 437(3) of the CrPC.

6. If the applicant jumps bail or violates any condition, the bail will be forfeited.

The Court directed that to send a copy of the order to the Police Commissioner of Bhopal to ensure that the conditions related to saluting the national flag and shouting “Bharat Mata Ki Jai” are complied with.

[Faizal v. State of M.P., 2024 SCC OnLine MP 6530, Decided on 15-10-2024]

Advocates who appeared in this case:

Shri Hakim Khan, Counsel for the Applicant

Shri C. K. Mishra, Govt. Advocate, Counsel for the Respondent/State

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