Hate speech is a fashion these days, says Gurgaon court while denying bail to Jamia shooter


Four days after teenage shooter Jamia was arrested for an allegedly provocative speech he gave during a mahapanchayat in Pataudi in Haryana on July 4, a local court on Thursday rejected his bail request, saying that “hate speech” has become a “fad” and that its release would send the message that “this type of act is acceptable in society”.

Last year, the then 17-year-old opened fire on anti-CAA protesters near Jamia Millia Islamia.

Claiming that the “conscience of the court” is “totally shocked” by the video of the teenager’s speech in Pataudi, judicial magistrate Mohammad Sageer said in his order on Thursday: “Hate speech based on religion or caste is It has become fashionable nowadays. Police also seem powerless (to) deal with such incidents. This kind of activity actually disrupts the secular fabric of our country and kills the spirit of the Constitution of India. “

The court declared that “the common man is constantly threatened with violence in the name of religion, caste, etc. “And that the incident at Pataudi” cannot be viewed solely with respect for the religious intolerance of a young man; rather, it is much more serious and has dangerous hidden consequences. If this type of person is allowed to move around freely and engage in this type of activity, the very existence of community harmony can be disrupted and this will give the wrong message that this type of act is acceptable in the community. society “.

Comparing the threat posed by people who “create discord” to the pandemic, the ordinance says the former is more harmful to the country since the pandemic will “kill anyone without seeing religion or caste” while community violence hate speech has the potential to result in the loss of “many innocent lives”.

“The video produced by the police in this case raises a very vital question:” Should our society first tackle the discriminating force of the Covid-19 pandemic or those kinds of people, who are filled with so much hatred that if given the chance they would organize a host of mass murderers to kill innocent lives on the basis of their own religious hatred, ”the order states.

Taking note of the accused’s criminal history, the court said: “To release the accused on bail despite his heinous crime which amounts to dividing peaceful society on the basis of religion or caste would send the wrong message to the forces of division. However, keeping the accused behind bars will send a strong message against dividing forces. “

While rejecting the request for release on bail, the judicial magistrate declared that if the accused is released, “there is every possibility that a situation of public order could arise and that the accused could again find himself. engage in such unconstitutional and illegal activities and actually disrupt community harmony and the peace of society.

“At this stage, the right of the accused to his personal liberty cannot be preferred to the right of society. [to live in] in harmony and peaceful community balance rests in favor of the latter, ”declares the order.

Pleading on behalf of the teenager, his lawyer said he was “falsely implicated” and that the video recording of the mahapanchayat is “false and fabricated”.

After the Jamia incident on January 30, the accused was arrested and sent to a reformatory by the Juvenile Justice Board, from where he was released a few months later.

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