JAMMU, June 1: Principal Sessions Judge Kathua, Sanjeev Gupta today rejected the pre-arrest bail of Rajinder Singh, brother of BJP MLA and former Minister Ch Lal Singh, who is accused of using derogatory remarks against Jammu & Kashmir Chief Minister.
After hearing Advocate K B Mahajan for the applicant and Public Prosecutor B B Sharma for the State, Principal; Sessions Judge Sanjeev Gupta observed that women in our society are the basic foundation of our culture and hurting women is a classic example of low self-concept and low values of our rich culture. “The words, as per police report, allegedly used by the petitioner while addressing a rally, were, ex facie, abusive in nature, which insult the gender identity of Chief Minister of the State. Further, the consequences of lewd remarks in the video, which went viral on the social media, must have a painful effect on the person to whom it was addressed, after watching the video,” he added.
The Principal Sessions Judge further observed that living in a country where freedom of speech is appreciated, the act of the petitioner by uttering foul-mouthed abuses and obscene words targeting CM of the State in a rally were not only aimed at insulting and humiliating her publicly, but the situation got aggravated further when it went viral on social media. Therefore, he added, it is difficult to accept the argument of the counsel for the petitioner that ingredients necessary to constitute offence under Section 509 RPC are not made out against the petitioner. “Moreover, recovery of a mobile phone used for preparing the video, which is a very vital piece of evidence, is yet to be effected while identity of the person, who shot the video in question is also to be established,” observed the court and rejected pre-arrest bail of Rajinder Singh.
As per the police case, the petitioner while participating in a rally on May 21, 2018, allegedly used derogatory language on loud speaker against the Chief Minister Mehbooba Mufti. The highly derogatory words were made viral on social media. In this connection, FIR No. 87/2018 for offence U/Ss 501/509 RPC and 66/67 of IT Act was registered at Police Station, Hiranagar, against the petitioner and one unknown person, who prepared the video.