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Kerala HC dismisses anticipatory bail plea of BJP leader PC George in hate speech case

PC George, a former MLA, was accused of delivering a hate speech against a minority community during a TV channel discussion.

Kerala HC dismisses anticipatory bail plea of BJP leader PC George in hate speech case

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The Kerala High Court on Friday dismissed an anticipatory bail petition filed by by BJP leader PC George, booked by Erattupetta Police for allegedly making hate speech during a TV channel debate

Dismissing the anticipatory bail plea of George, a single bench of Justice P V Kunhikrishnan said the High Court had in 2022 granted bail to George in two hate-speech related cases with the condition that shall not make any statement which would tend to result in the commission of offences under Sections 153A (promoting enmity between different groups on grounds of religion) and 295A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of the IPC.

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George approached the High Court after the Kottayam District Sessions Court rejected his anticipatory plea in a case registered by the Erattupetta police, based on a complaint lodged by Muhamed Shihab, a Muslim Youth League leader, for allegedly making comments to promote hatred against a minority community.

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PC George, a former MLA, was accused of delivering a hate speech against a minority community during a TV channel discussion. The case was registered against him by the Erattupetta police under Sections 196(1)(a), Section 299 of the BNS and Section 120 (o) (penalty for causing nuisance and violation of public order) Kerala Police Act.

During the hearing of the case on Friday, George’s counsel P Vijayabhanu, submitted that he did not intentionally make statements or speeches promoting hatred or ill will against the Muslim community.

It was pointed out that offences under Section 196 (1)(a) and Section 299 of the BNS would not be attracted since there was no deliberate or malicious attempt to promote hatred against the Muslim community.

“The the Senior Counsel said that he made such a submission, because he was provoked by the co-panelist. I am forced to say that, a politician like the petitioner, who has about 30 years of experience as an MLA can be provoked easily like this, he does not deserve to continue as a political leader,” the judge said.

The state government had strongly opposed anticipatory bail plea of PC George stating that earlier also he had made similar provocative statements against the Muslim community. To this the court said that the former MLA is not fit to be a political leader if he can be easily provoked.

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