The Kerala High Court in the case of PC George v State of Kerala, PC George got relief, who is currently accused in two separate incidents of making public statements that were reportedly targeted towards the Muslim community.
PC Geroge, a former member of the Kerala Legislative Assembly (MLA), was granted bail on Friday in two separate hate speech cases filed against him for uttering communal statements against the Muslim community.
“The petitioner is to be released on bail subject to the condition that he shall not make any speech or statement which shall result in commission of any offence under 153A or 295A of the IPC. If the petitioner violates any of the conditions, it is open to the prosecution to move this court to cancel his bail,”
The Bench comprising Justice Gopinath P has pronounced the order.
PC George is currently charged in two separate incidents with making public statements that were reportedly targeted towards the Muslim community.
The Earlier Case
George was detained on May 1 for a speech he gave on April 29 at the Ananthapuri Hindu Maha Sammelan. Several complaints had apparently been filed with the State Police, objecting to some incendiary words made towards the Muslim community.
He was charged under the Indian Penal Code’s Sections 153A (promoting enmity between different groups on religious, racial, or other grounds and doing acts prejudicial to maintaining harmony) and 295A (deliberate and malicious act intended to offend religious feelings by insulting its religion or religious beliefs).
The Judicial First Class Magistrate in Thiruvananthapuram granted him bail the same day he was arrested.
Advocate Sasthamangalam C Ajithkumar represented George.
The Later Case
George was arrested on May 1 after giving a speech at the Ananthapuri Hindu Maha Sammelan on April 29. Several complaints were reportedly lodged with the State Police in response to some incendiary remarks directed at the Muslim community.
He was charged under Indian Penal Code Sections 153A (promoting enmity between different groups on religious, racial, or other grounds and doing acts prejudicial to maintaining harmony) and 295A (promoting enmity between different groups on religious, racial, or other grounds and doing acts prejudicial to maintaining harmony) (deliberate and malicious act intended to offend religious feelings by insulting its religion or religious beliefs).
On the same day he was arrested, the Judicial First Class Magistrate in Thiruvananthapuram granted him bail.
George was represented by lawyer Sasthamangalam C Ajithkumar.
The bail granted to George in the first case was cancelled on Wednesday by the Judicial First Class Magistrate in Thiruvananthapuram, who noted that he had plainly broken the bail restrictions by giving the second address only a week later.
He was then placed in judicial custody for a period of 14 days.
As a result, he filed an application for normal bail before the High Court on Thursday.
He also filed a motion today to overturn the Magistrate’s judgement cancelling his bail, which will be heard by Justice Ziyad Rahman AA.
George argued in both his ordinary bail application and his appeal of the Magistrate’s order that the second speech was only observations, not statements that would provoke religious tensions.
According to him, the Magistrate erred in dismissing his contention that his right to free speech and expression under Article 19 of the Indian Constitution would safeguard his words.
