The Calcutta High Court has granted anticipatory bail to AJUP chief Humayun Kabir in cases registered over a speech he delivered at a public meeting in Murshidabad, observing that the ingredients of Section 152 of the Bharatiya Nyaya Sanhita (BNS), dealing with acts endangering the sovereignty, unity and integrity of India, were not made out even prima facie.
Justice Ajay Kumar Gupta, granting Kabir relief on Thursday, also held that his custodial interrogation was not necessary in connection with the cases arising from the speech delivered in June. FIRs had been registered against Kabir at Saktipur and Rejinagar police stations.
Court finds no prima facie case under Section 152
“This Court does not find the ingredients even prima facie in connection with Section 152 of the BNS, 2023,” the court observed. The High Court also noted that there was little possibility of Kabir tampering with the evidence since the investigating officer had already seized the electronic clipping of the speech in question.
Kabir’s counsel argued that although his client had been booked under several provisions of the BNS, the necessary ingredients for invoking Section 152 were absent. Barring Section 152, the lawyer submitted, the maximum punishment under the other provisions invoked against Kabir was up to five years.
The defence further told the court that Kabir had cooperated with the investigation, complied with notices issued by the investigating officer and had already been questioned twice. His counsel sought anticipatory bail subject to conditions that the court considered appropriate.
State opposed bail, cited threatening remarks
The state opposed Kabir’s plea, alleging that he had used threatening language while addressing the public meeting and had targeted a political party as well as public servants.
It argued that granting him anticipatory bail could pose a threat to the public at large as well as to the nation. The court, however, was not persuaded that custodial interrogation was required and granted Kabir anticipatory bail. Section 152 of the BNS covers acts that purposely or knowingly, through words, signs, electronic communication, financial means or otherwise, excite or attempt to excite secession, armed rebellion or subversive activities, encourage separatist feelings or endanger India's sovereignty, unity and integrity.
Kabir won two seats in Assembly polls
Kabir formed the AJUP in December after being suspended from the Trinamool Congress. He was earlier a TMC MLA from Bharatpur in Murshidabad district.
In the April Assembly elections, Kabir contested and won from both the Nowda and Rejinagar constituencies in Murshidabad. He subsequently vacated the Rejinagar seat.
A bypoll for the Rejinagar constituency is scheduled to be held on October 6.