Hate speech after Shiv Sena leader’s murder: HC junks bail plea of accused: ‘remarks remind of the blackest and horrific moments of 1984…’

As per allegations, after the murder of Suri, Sharma along with other co-accused had intentionally uploaded a video targeting the Sikh community with the sole purpose of causing riots and arson. In the video, he had allegedly said that “they will not spare any Sardar” . By calling them Sikh community names, he also allegedly stated that “this one per cent community will be dragged out of their houses and beaten up…”

Sharma’s counsel contended that he had uploaded the video in a fit of anger as he was associated with the Suri in his organisation and it was not intentional. He further submitted that on realising his mistake, after about one week, Sharma uploaded another video and tendered an apology.

The Additional Advocate General of Punjab submitted that the “intention of the petitioner for killing the Sikhs was clear from the fact that on the day Suri was killed, the petitioner along with the other co-accused ransacked the shop of the accused and set it on fire. Sharma was also seen in the CCTV footage indulging in arson”.

The state counsel also contended that mere tendering of an apology would not neutralise the allegations against the petitioner.

Advocate Gurpartap Bhullar, counsel for the complainant in the case, submitted that tendering of the apology by the petitioner was an afterthought so as to wriggle out of the criminal offence. Also, the manner in which the petitioner had stated things in his video, it would have had disastrous effect on the state and the entire country, but things were prevented by police, the counsel argued.

After perusing the FIR and the contentions of the counsel, Justice Puri observed, “Such kinds of contents of the FIR…are certainly serious and heinous in nature…The apprehension which has been expressed by the learned state counsel and the counsel for the complainant that…in case the petitioner is released on bail, then he may even intimidate and influence the witnesses and may abscond from justice carries weight and cannot be ignored.”

Stating that “no observation etc. made in the present order shall be deemed to be any observation on the merits of the case because the trial has already commenced”, the bench dismissed the bail plea of Rahul Sharma.

For the unversed, on October 31, 1984, the then Prime Minister Indira Gandhi was shot dead by her Sikh security guards following which there were anti-Sikh riots in the country. Thousands of Sikhs were killed in the carnage.