Gurugram court denies release on bail of gunman Jamia

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New Delhi: A court in Gurugram has rejected the bail application of the gunman Jamia, who was recently arrested by Haryana police after giving a provocative speech during a mahapanchayat in Pataudi.

Judicial magistrate Mohammed Sageer, in a strongly worded order, said speaking hate speech has become a “fad” and those who encourage sectarian violence are doing more damage to the country than the COVID-19 pandemic.

The young man from Jewar, who was underage when he shot a crowd of Jamia Millia students protesting the Citizenship Amendment Act in early 2020, was arrested on July 12 after a complaint was filed against his speech at the mahapanchayat.

In the order, the judicial magistrate said the hate speech goes beyond causing distress to individual members of the group.

“It can have a societal impact. Hate speech lays the foundation for broader and future attacks on vulnerable people [sections] this can range from discrimination to ostracism, segregation, deportation, violence and, in the most extreme cases, genocide, ”notes the ordinance.

Rejecting the argument of the applicant’s lawyer that the man is young and innocent, Magistrate Sageer said: “The accused in court is not just an innocent young boy knowing nothing, he rather shows that what he has done in the past has now become able to execute his hatred without any fear and also that he can move the masses[es] at [be] involve[d] in his hatred.

The court referred to the fact that according to the information provided by the investigator, and admitted by the applicant’s lawyers, this is the same person who brandished an illegal weapon and opened fire on students from Jamia.

Although an FIR was registered at the New Friends Colony Police Station in Delhi at the time, it was a minor at the time. “The concession granted by the courts because of his minority was not taken in the right direction by this accused. Rather, it seems he took the concession from the wrong perspective that he can do anything, even to destroy the very basic feature of the constitution that we have called ‘secularism’ through its hate speech, ”he said. the magistrate.

“He posed a real threat by his act of doing what he wants, what would the forces responsible for maintaining law, order and peace do?” He also posed a question to the state and the courts as to whether he had the power to uphold the rule of law? Said the order.

Every citizen has the right to express his thoughts, but not in a speech that targets a particular community and while promoting hostility, the order said, noting that during his speech the accused “can be seen inciting the crowd to commit illegal acts … inciting the kidnapping of girls from a particular community and their forced conversion ”.

“He seems to be very proud of his background. He even instigated killing people from a particular community and changing the slogans in this regard. The slogans and languages ​​he uses are clearly offensive and aim to outrage the religious feelings of a particular group and promote enmity between different religious groups / communities, ”the magistrate said.

“Such activities cannot be tolerated in any civilized society. Hate speech based on religion or caste has become fashionable these days. The police also seem helpless in the face of such incidents. This kind of activity actually disrupts the secular fabric of our country and kills the spirit of the Constitution of India, ”he said, adding that anyone who poses a threat to the peace of society and in particular to the religious harmony cannot be allowed to wander. freely.

“These kinds of people actually disrupt the secular character of our nation and are the biggest obstacle. [to] nation building… the common man is constantly threatened with violence in the name of religion, caste etc. », Indicates the order.

The incident cannot be seen solely as a young man’s religious intolerance as it has “far more serious and … dangerous hidden consequences”. If the accused is released on bail, the very existence of community harmony may be disrupted and the wrong message will be sent that hate speech is acceptable in society.

“The faith of the common man must be restored that the state has [a] secular character and not in favor of such people, encouraging hatred and enmity in the name of religion, caste, etc. It is time to give a strong message to these antisocial elements which spread hatred based on religion etc. hate speech that the rule of law still prevails, ”said the magistrate.

Holding the defendants behind bars will send a strong message that India is an inclusive society where people of all faiths thrive and respect each other. The court will also ensure that the rule of law reigns supreme, the order says.

“Our Constitution protects even non-Indian citizens, so it is the duty of the state as well as the judiciary to ensure that Indian citizens of any religion, faith or caste do not feel unprotected and that such hate-mongers cannot walk freely without any fear, ”he said.

People like the accused are more dangerous than the COVID-19 pandemic, since the latter takes “the life of anyone without seeing religion or caste”. If communal violence follows hate speech like that made by the accused, then many “innocent lives will be lost solely on the basis of religion and without any negligence on the part of these innocent people.”

The court also feared that if released on bail, the accused could again engage in unconstitutional and illegal activities, but could also hamper the investigation by threatening the complainant and other witnesses.

“At this stage, the rights of the accused to his personal freedom cannot be preferred to the right of society to peaceful community harmony and the balance is in favor of the latter,” said the magistrate.

The applicant’s lawyers argued that at the same mahapanchayat several other people had also made hate speech, but that only the applicant was charged and arrested “because he is a foreigner and has no political ties”. The lawyer also argued that other speakers, “who are powerful people”, made inflammatory speeches but no action was taken against them. This shows the biased attitude of the Haryana police against his client, the lawyer argued.

Although the lawyer did not name anyone, it may have been a reference to BJP spokesman Suraj Pal Amu, who incited the residents of Pataudi against the Muslims.

Magistrate Sageer said the court was informed that the police had received a complaint only against the current accused and that later if any evidence was found during the investigation against others, it would also be arrested in accordance with the law.

Kaushik Raj and Alishan Jafri, in a play for Thread, had recently reported that Jamia’s shooter social media posts contained a slew of hate speech he made at public events. Since being released on bail after shooting CAA protesters last year, he has given at least three collective speeches inciting violence against Muslims. There are also articles suggesting that the shooter and his “group” may have shot and / or injured several people as part of the vigilante violence under the guise of “cow protection”.

Jamia’s shooter bail denied by The Wire on Scribd


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