ADVOCATE ASHWINI UPADHYAY WAS GRANTED BAIL, ARRESTED IN CONNECTION WITH AN ANTI-MUSLIM SPEECH MADE DURING JANTAR-MANTAR RALLY

On Wednesday, Metropolitan Magistrate Udbhav Kumar Jain granted bail to advocate Ashwini Upadhyay, arrested in connection with the anti-Muslim speech delivered during the Jantar-Mantar rally held on August 18th 2021. The Magistrate, while granting relief, noted that there is no record to show that the hate speech to promote enmity between two the group was made in the presence of the applicant/accused Upadhya. On the other hand, there was a violation of restriction to curb this pandemic, yet the offences of breach of such restrictions are bailable in nature. As a result of this, Ashwin Upadhyay was granted bail with a personal bond of Rs 50,000. 

Senior Advocate Vikas Singh along with few other Advocates, appearing for the Upadhyay, argued that "he will be the last person to defend someone who makes hate speech; our Country will be divided if we allow such speech". "We all are appearing not because he is a respected advocate but because police cannot arrest anybody when there is no credible suspicion. If the allegations were made in his presence, We would not have defended him". "No common intention existed as he left the spot; the police should have verified whether he left the sport before or after the unfortunate incident".

Background

Upadhyay, along with five other people, was arrested in relation to the anti-Muslim slogans during the “against colonial-era laws” rally. The rally set up by the applicant witnessed hundreds of people. However, a video went viral few people shouting anti-muslim slogans. Following this, Upadhyay was remanded to 2-day judicial custody. Counsel appearing for Upadhyay contended that he had no intention of promoting hatred. Moreover, he left the venue at 12.15 in the afternoon, and the sloganeering happened at 5 pm. 

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Author: Papiha Ghoshal