[Anti Muslim Slogans at Jantar Mantar] Police Can’t Indiscriminately Arrest Anybody When There Is No Plausible Suspicion: Senior Advocates in Delhi Court Submits Defending Ashwini Kumar
(Judicial Quest News Network)
A group of Senior Lawyers defending lawyer Ex-BJP Spokesperson Ashwini Kumar Upadhyay in the case related to the recent anti-Muslim sloganeering at Delhi’s Jantar Mantar, Senior Advocate and President Supreme Court Advocates Bar Association Vikas Singh orally submitted in a Delhi Court that he would be the last person to defend those who make such speeches.
“I will be the last person to defend someone making such a hate speech. The Country will get completely divided if we allow such speeches.”
Apart from Vikas Singh the others to represent Upadhyay in the case were Sidharth Luthra,Pradeep Rai, and Gopal Sankaranarayanan.
Vikas Singh: we are all appearing not only because respected Advocate, this kind of arrest can’t be permitted… These Video which became viral is clear that it was shot at 5:00 PM when Mr Upadhyay had left the venue quite before this sloganeering therefore, he cannot be held responsible for this act.
It was further contended that to make out a case of Section 153A (Promoting enmity) you have to say that at my instance slogan happened or my presence was there where as the timings of allegation has to be seen thoroughly. Why should we wait till midnight to register a case?
Another Senior Advocate Sidharth Luthra said that Distance is substantial peculiar facts of Upadhyay that both Mr. Singh and I are here. He is a case of distinct facts. We may be a part of assembly but are not responsible for the facts that takes place after we have left.
Countering this the public prosecutor said that: have to see the gravity of offence. Date. Pandemic Time going. At this time gathering such a huge crowd in such a sensitive area where Parliament session is going on in the very vicinity of the venue.
The Court while replying to the PP said that we are concern with Section 153A have asked the IO where his presence was there. Was he present at the spot when slogans were made?
PP replied to the court that it was an unlawful Assembly. All these offences were committed. Section 149 involved if in his presence, somebody has given hate speech. 149 is invoked. Rima Facie, I have to show whether accused present in hate speech was made on behalf of the accused.
Senior Advocate Gopal Shankar Narayanan now appears for Ashwini Upadhyay: The actual piece of evidence is publicly available. Ashwini Upadhyaya is saying on record that “I had nothing to do with the event and I believe prosecution should be initiated against those people.
He further said that when PP is sating no evidence, we will find out the magnificent conspiracy. This individual was not present no reason has been given why custody has to be continued.
Mere presence if such a presence is admitted will not be sufficient… he was not there. It is for the prosecution to show he was present.
Ashwini Upadhyay is a firm believer in the equal access to jurisdiction particularly about millions of destitute and backward masses stricken by illiteracy, poverty and ignorance. He possesses the courage of his convictions and is the bitter opponent of corruption and judicial vilification, besides being the proponent of judicial activism. Though Upadhyay is a BJP Spokesperson, yet he gives a miss to attending news conference, because he is rattling engrossed in fighting PILs which have wider and consequential impact on the Indian society. He is disposed to pursue the most pragmatic streak; therefore, his most of the PILs has been accepted and has never earned Court’s chastisement for moving frivolous PILs.
Despite having his affiliation with Bharatiya Janata Party, he has never filed any politically motivated PIL but socially oriented landmark petitions, which have widespread implications on Indian society and spearheaded revolution in the arena of litigation pertaining to larger public issues, especially in the fields of human rights. Upadhyay stands on the fence therefore some of his PILs have not gone down well with his party, though he remains a favourite PIL activist whose litigations kick-started in the Supreme Court several significant observations on the issues which are dear to BJP and the Sangh Parivar.
Advocate Upadhyay has manifested fearlessness and his judicial legerdemain in filing a number of supremely important Public Interest Litigation
Court to pass order
