'No acceptance for hate speech': Gurugram court denies bail to Jamia shooter

In an important decision, A Gurugram court has rejected the bail application of the Jamia shooter, who was arrested by the Haryana police recently after he gave a provocative speech at a mahapanchayat in Pataudi on July 12.

Judicial magistrate Mohammed Sageer, in a strongly worded order, said that giving hate speeches has become a ‘fashion’ and that those encouraging sectarian violence are doing more damage to the country than the COVID-19 pandemic.

Hate speech lays the groundwork for later, broad attacks on vulnerable [sections] that can range from discrimination, to ostracism, segregation, deportation, violence and, in the most extreme cases, to genocide,”, the order added.

The court referred to the fact that as per information given by the investigating officer, and admitted to by the counsels for the petitioner, this is the same person who had brandished an illegal weapon and opened fire at students of Jamia. The court said that the accused seems to have misused his concession due to being a minor then and posed a danger to the Secular structure of the constitution.

Every citizen has a right to express his thoughts but not in a way which targets a particular community and while promoting enmity, the order said, noting that during his speech, the accused “can be seen instigating the mob for doing unlawful acts, instigating abduction of girls of a particular community and their forceful conversion”.

If the accused is granted bail, the very existence of communal harmony may be disturbed and a wrong message will be sent that hate speeches are acceptable in society.

“The faith of common man has to be restored that the state is having [a] secular character and not in support of persons, promoting hatred and enmity in the name of religion. It is the time to give a strong message to such anti-social elements who distribute hatred based on religion that the Rule of Law still prevails,” the magistrate said.

The court was also wary of the fact that if released on bail, the accused may not only indulge in unconstitutional and illegal activities once again, but could also impede the investigation by threatening the complainant and other witnesses.