Kerala HC grants anticipatory bail to Lakshadweep activist Aisha Sultana in sedition case

By Express News Service
KOCHI: The Kerala High Court on Friday granted anticipatory bail to filmmaker-activist Aisha Sultana accused of sedition for her alleged remarks that the central authorities had used Covid-19 as a ‘bio-weapon’ in opposition to the islanders.

While granting bail, Justice Ashok Menon noticed that “Prima facie, the offences alleged by the prosecution are not attracted. She has no criminal antecedents. She is not likely to flee from justice.”

Senior Advocate P Vijayabhanu, the counsel for Aisha Sultana, submitted that she is harmless and the allegations of sedition and inciting disharmony amongst teams of persons are completely false and unsustainable. She had no intention to excite disaffection in the direction of the Government of India.

The courtroom famous that Aisha Sultana had expressed her remorse about the usage of the phrases ‘bio weapon’. Custodial interrogation and her incarceration in jail, significantly in these pandemic instances, might not be required.

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The prosecution has additionally not expressed any worry of her fleeing from justice or not cooperating with the investigation, the courtroom added. Nor has the prosecution expressed its intention to topic her to custodial interrogation. No proof within the case may be tampered with and there may be little danger of witnesses being influenced or intimidated. Consequent to the granting of interim anticipatory bail on June 17, the petitioner was directed to look earlier than the investigating officer for interrogation, and there was no report that she has not complied with that course of the courtroom.  

Hence, the interim anticipatory bail is made absolute, the courtroom dominated. In the occasion of her arrest, she ought to be launched on bail on the execution of a bond for Rs 50000 with two solvent sureties every for the like quantity to the satisfaction of the arresting officer.

Opposing the bail plea, S Manu, counsel for the Lakshadweep administration, had earlier submitted that in plain phrases the applicant has alleged that the central authorities has used the Covid-19 virus as a bio-weapon in opposition to the folks of Lakshadweep. She has additionally in contrast it with the rumours that had been rife about China utilizing Coronavirus as a bioweapon in opposition to the residents of different nations. She advised that the Government of India has acted in the same method in opposition to the residents of India in Lakshadweep.

The courtroom noticed that the decisive ingredient for establishing the offence of sedition underneath part 124-A IPC is doing sure acts that will deliver the Government established by regulation in India into hatred or contempt. There was no suggestion that she did something as such in opposition to the Government of India. 

She solely protested in opposition to the newly-introduced reforms by the Administrator and has sworn allegiance to the folks of Lakshadweep. There was no obvious indication in her assertion that quantities to imputations or assertions prejudicial to the nationwide curiosity, nor does it propagate any class of individuals in opposition to one other group of individuals. It is subsequently uncertain whether or not the penal provisions of part 153-A would apply on this case, the courtroom noticed.