KERALA HC GRANTED ANTICIPATORY BAIL TO FILMMAKER AISHA SULTANA FOR HER REMARKS ON TELEVISION

The Kerala HC granted Anticipatory Bail to Filmmaker of Lakshadweep - Aisha Sultana in the sedition charges against her for making remarks on national television during a panel discussion. Sultana said that the central government had deployed covid 19 as a bio-weapon against the natives of the island. Following which an FIR was lodged against her u/s 124A and 153B of IPC.

Justice Ashok Menon ruled that there is no indication in her statement, which amounts to assertions prejudicial to the national interest, nor does it propagate any class of persons against another group of persons. It is therefore doubtful whether S.153-A would be attracted in this case. Hence, the interim anticipatory bail is made absolute.

TIMELINE

1. The Lakshadweep Police filed an FIR based on a complaint by a BJP leader.
2. Aisha Sultana approached the Kerala HC seeking anticipatory bail earlier this month.
3. On June 17, the Court granted interim protection for a week, with a direction that if Sultana is to be arrested after interrogation, she will be released on interim anticipatory bail.
4.  The Court also directed Sultana to cooperate with the police for interrogation as required under Section 41A of CrPC
5. Yesterday, Lakshadweep police filed an application alleging that filmmaker Sultana abused the court's earlier order. The administration believed that these developments were relevant for deciding her bail application and therefore filed relevant documents.
6. Today, however, the court allowed anticipatory bail but did not quash the proceeding u/s 482 Cr.p.c.

Author: Papiha Ghoshal