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New Delhi: The Delhi high court on Friday denied interim protection from arrest to Bhupinder Tomar (alias Pinky Chaudhari), president of the Hindu Raksha Dal who was booked for raising anti-Muslim slogans at a rally at Jantar Mantar on August 8, the Indian Express reported.
Justice Mukta Gupta, noting that many slogans were being chanted during the incident, issued notice to the Delhi Police on Chaudhari’s bail plea and requested a status report be filed. Further, the court posted the matter to be heard further on September 13, as reported by Bar and Bench.
Chaudhary’s legal counsel advocate Vishnu Shankar Jain told the court that the accused was present at the scene, but did not participate in any sloganeering. He argued that the FIR had been filed on the grounds of chanting the slogans and thus, the accused should be granted bail.
Justice Gupta responded by saying that an FIR is only a preliminary document and that further investigation is required, as reported by Live Law.
Additional public prosecutor (APP) for the state NCT of Delhi, Tarang Srivastava additionally brought to the court’s notice that certain transcripts and videos demonstrating the slogans as well as Chaudhary’s involvement in the events that took place at Jantar Mantar had already been submitted to the court.
Chaudhary had earlier been granted anticipatory bail by a trial court, however, upon an enquiry from Justice Gupta, Chaudhary’s counsel admitted to that plea later being dismissed.
Moreover, on August 21, a lower Delhi court presided over by Additional Sessions Judge (ASJ) Anil Antil had dismissed Chaudhary’s bail plea where he went on to remark, “We are not in a Taliban state. Rule of law is the sacrosanct governing principle in our plural and multicultural society.”
The ASJ also remarked that Chaudhary’s interview was “impregnated with high-octane communal barbs” and noted that the accused actions seem deliberately designed to spread hatred, the Indian Express reported.
Another Delhi court, on August 13, had denied the bail pleas of three other accused from the incident, however, on August 11, former BJP spokesperson and organiser of the event, Ashwini Upadhyay was granted bail.