Mumbai: Relief to 22-year-old student Nikhil BhamareThe NCP chief was arrested in four of the six cases registered against him last month over his social media posts. Sharad PawarThe Bombay High Court on Tuesday ordered his release on bail.
The High Court was informed that in two cases – one filed at Dindori Police Station, Nashik and the other at Dehu Road Police Station in Pimpri Chinchwad, the local courts had already granted him bail.
The HC said it would grant him bail in two other cases — also at Thane’s Naupada police station and Pune’s Cyber police station, in two other cases — registered at Mumbai’s Goregaon and Bhoiwada police stations, where public prosecutor Aruna Pai told him. Had not been arrested, the HC had restrained the police from doing so now.
Bhamare’s counsel Subhash Jha, while hearing his dismissal plea before a bench of Justices Nitin Jamdar and NR Borkar, said Section 153A of the Indian Penal Code (promoting enmity on grounds of religion, caste, place of birth, residence, etc.) An FIR has been registered under ) was not attracted to commence and his arrest was unlawful.
Jha said that suppose a First Information Report (FIR) was filed, many followed the same tweet, clearly going against the law laid down in the 21-year-old Supreme Court judgment.
Bhamare had petitioned for quashing of his criminal prosecution and bail as interim relief till the dismissal plea was heard and decided.
The bench had asked PP Pai whether he was ready to give a no-objection statement on his release on bail. “I am objecting (to the bail) and I have been directed not to make such statements,” Pai said.
He said that he could always seek bail before the lower courts in each case or anticipatory bail in cases where he was not yet arrested.
The High Court bench of Justices Jamdar and Borkar, however, after hearing Bhamare’s counsel, said they would pass an interim order in his plea and grant bail.
When asked by the bench, Jha referred to the Supreme Court’s decision in the Arnab Goswami case to say that the HC is empowered to release them on bail on the principles of protection of their constitutional rights.
A rational and detailed bail order would be available later but the High Court made it clear that bail in a case would be sufficient for his release from the point of view of all the documents which are required to process the bail orders.
In an FIR lodged against Bhamre on May 13 by NCP member Anand Paranjpe at Naupada police station, it was alleged that his May 11 tweet was against NCP chief Sharad Pawar. The FIR against him is under Indian Penal Code (IPC) sections 153A (promoting enmity between groups), 506 (making statement to public mischief) and 505(2) (statements provoking or promoting enmity, hatred or ill-will ) for the offenses under between classes). He was arrested on May 13.
On May 14, another FIR was registered against him in Nashik at Dindori police station regarding the same tweet. It added section 500, IPC for criminal defamation. And then another FIR was registered on 14th May at Goregaon Police Station, Mumbai for similar offenses and yet another FIR registered at Shivaji Nagar Police, Cyber Police Station, Pune on 14th May for the same 11th May tweet done. Another FIR has taken place on Dehu Road.
Thane police took him into custody from Nashik police on 18th May and Pune police took him into custody on 20th May. His plea before the HC states that his arrest is “illegal, arbitrary, malicious and a colorful exercise of powers vested in the police, who have not followed the mandatory guidelines on arrest laid down by the Supreme Court and hence quashed the FIR”. He should go and set him free.
Earlier in June, a magisterial court in Thane had rejected his bail plea, saying it would affect the police investigation.
A similar petition was filed by actor Ketki Chitale at Kalwa police station for quashing and bail of the FIR lodged against him. He was charged with similar offenses for sharing the post, which will be heard soon. The prosecutor had said that there are 22 FIRs against him.
The High Court was informed that in two cases – one filed at Dindori Police Station, Nashik and the other at Dehu Road Police Station in Pimpri Chinchwad, the local courts had already granted him bail.
The HC said it would grant him bail in two other cases — also at Thane’s Naupada police station and Pune’s Cyber police station, in two other cases — registered at Mumbai’s Goregaon and Bhoiwada police stations, where public prosecutor Aruna Pai told him. Had not been arrested, the HC had restrained the police from doing so now.
Bhamare’s counsel Subhash Jha, while hearing his dismissal plea before a bench of Justices Nitin Jamdar and NR Borkar, said Section 153A of the Indian Penal Code (promoting enmity on grounds of religion, caste, place of birth, residence, etc.) An FIR has been registered under ) was not attracted to commence and his arrest was unlawful.
Jha said that suppose a First Information Report (FIR) was filed, many followed the same tweet, clearly going against the law laid down in the 21-year-old Supreme Court judgment.
Bhamare had petitioned for quashing of his criminal prosecution and bail as interim relief till the dismissal plea was heard and decided.
The bench had asked PP Pai whether he was ready to give a no-objection statement on his release on bail. “I am objecting (to the bail) and I have been directed not to make such statements,” Pai said.
He said that he could always seek bail before the lower courts in each case or anticipatory bail in cases where he was not yet arrested.
The High Court bench of Justices Jamdar and Borkar, however, after hearing Bhamare’s counsel, said they would pass an interim order in his plea and grant bail.
When asked by the bench, Jha referred to the Supreme Court’s decision in the Arnab Goswami case to say that the HC is empowered to release them on bail on the principles of protection of their constitutional rights.
A rational and detailed bail order would be available later but the High Court made it clear that bail in a case would be sufficient for his release from the point of view of all the documents which are required to process the bail orders.
In an FIR lodged against Bhamre on May 13 by NCP member Anand Paranjpe at Naupada police station, it was alleged that his May 11 tweet was against NCP chief Sharad Pawar. The FIR against him is under Indian Penal Code (IPC) sections 153A (promoting enmity between groups), 506 (making statement to public mischief) and 505(2) (statements provoking or promoting enmity, hatred or ill-will ) for the offenses under between classes). He was arrested on May 13.
On May 14, another FIR was registered against him in Nashik at Dindori police station regarding the same tweet. It added section 500, IPC for criminal defamation. And then another FIR was registered on 14th May at Goregaon Police Station, Mumbai for similar offenses and yet another FIR registered at Shivaji Nagar Police, Cyber Police Station, Pune on 14th May for the same 11th May tweet done. Another FIR has taken place on Dehu Road.
Thane police took him into custody from Nashik police on 18th May and Pune police took him into custody on 20th May. His plea before the HC states that his arrest is “illegal, arbitrary, malicious and a colorful exercise of powers vested in the police, who have not followed the mandatory guidelines on arrest laid down by the Supreme Court and hence quashed the FIR”. He should go and set him free.
Earlier in June, a magisterial court in Thane had rejected his bail plea, saying it would affect the police investigation.
A similar petition was filed by actor Ketki Chitale at Kalwa police station for quashing and bail of the FIR lodged against him. He was charged with similar offenses for sharing the post, which will be heard soon. The prosecutor had said that there are 22 FIRs against him.