'Kill PM Modi remark', MP HC rejects bail plea by Cong leader Raja Pateria
NEW DELHI: The Madhya Pradesh High Court has rejected bail plea by a senior Congress leader, arrested for his alleged "call to kill Prime Minister Narendra Modi", saying it is not expected of leaders to use foul language disparaging the image of President and Prime Minister and engendering consternation in the society.
"Obviously, there was no occasion for the applicant, who is a public leader, to use such a derogatory language for the Prime Minister of the country abetting the mob to commit a crime....the applicant cannot be granted bail inasmuch as it will give a wrong message to the society," a single bench of Justice Sanjay Dwivedi said.
The court dismissed bail application by Raja Pateria arrested on December 13, 2022 in an FIR lodged with Police Station Pawai, District Panna for the offence punishable under Sections 451, 504, 505(1)(B), 505(1)(C), 506, 153-B(1)(C), 115, 117 of Indian Penal Code.
It was alleged that Pateria in his speech to Congress workers overtly used filthy and intimidating language conspiring to commit murder of the Prime Minister of the country and further instigated the persons of minorities in the wake of their religion, caste and language.
The court said the public leader should supposedly be vigilant in using the words during their speech, which may distract the minds of their followers/spectators.
"Often times, it is noticed that it has become a fashion of some public leaders to seek popularity of the followers without being caring for the consequence of deliverance. This practice is not only belittling the image of public leaders in the society but also becoming a cause of increase in criminality in the politics," the bench said.
"It is not expected from the public leader to use foul language disparaging the image of leader of high-up-place, like President and Prime Minister and engendering consternation in the society," the bench added.
Pateria's counsel contended that he has been fallaciously roped in the crime and in fact it is nothing but a politically-oriented animosity. He submits that the prosecution has given false colour to the incident by manipulating the video clip.
"It was just a political stunt and there was no intention of the applicant to throw dirt over anybody's character or life causing disharmony in the society," the counsel said.
The state counsel, opposing the plea, said that there are statements of various eyewitnesses available on record, which crystalised the unruly act of the applicant and further there are video-clippings which clearly depicted that the applicant has eloquently made a speech using words to provoke other persons of minorities, castigating the image and conspiring murder of the Prime Minister.
Considering the overall facts and circumstances and after going through the integral part of case diary and watching the video contained in CD, the court rejected the bail application, however, giving him liberty to renew his plea after 30 days.
Pateria, a prominent Brahmin face from Bundelkhand region, is a veteran Congress leader. He also served as Minister in the Digvijay Singh's Cabinet during 1998 to 2003.
The Congress party had also issued him a show cause notice after the video clip containing his alleged speech went viral.
In the video, he purportedly said, Modi will end elections. Modi will divide in the name of religion, caste and language. The future of tribals, Dalits and minorities is under threat. If you want the Constitution to be saved, then be prepared to murder Modi; murder in the sense, defeat him.
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