Mumbai: TISS student moves HC for pre-arrest bail

The sessions court Wednesday refused Chudawala interim protection from arrest. But it denied an interim stay on its order to allow her to file an appeal before the high court.

As per the plea, filed by advocate Vijay Hiremath, appearing for Chudawala, the TISS student is alleged to have shouted slogans and videos of the said slogans are with police.

“The slogans raised by the applicant were neither intended to nor resulted in any violence or incitement to violence at Azad Maidan,” it stated.

The plea said the entire case was based on material or a video, which is in the possession of police and no case for custodial interrogation was made.

“The applicant was exercising her fundamental right to speech and that unless the speech results in imminent lawless action, it cannot be criminalised,” it stated.

Chudawala also submitted that Azad Maidan police station personnel have been “erroneously” and “falsely” trying to implicate and frame her in the present case and that she is a well-qualified person having no criminal antecedents.

According to the FIR, the slogan, “Sharjeel tere sapno ko, hum manzil tak pahuchaenge (Sharjeel, we will fulfil your dreams)”, was reportedly shouted at Mumbai Pride Solidarity Gathering on February 1.