The Kerala High Court on Friday dismissed an anticipatory bail petition filed by BJP leader PC George, who has been booked by the Erattupetta police for allegedly making a hate speech during a TV channel debate.
Dismissing George’s anticipatory bail plea, a single bench of Justice P V Kunhikrishnan said that the High Court had in 2022 granted him bail in two cases related to hate speech with the condition that he shall not make any statement that tends 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.
Advertisement
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.
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) of the Kerala Police Act.
During the hearing on Friday, George’s counsel P Vijayabhanu, submitted that his client did not intentionally make statements or speeches promoting hatred or ill will against the Muslim community. He contended that offences under Section 196(1)(a) and Section 299 of the BNS would not apply as there was no deliberate or malicious attempt to promote hatred against the Muslim community.
“The senior counsel said his client made the statement because he was provoked by the co-panelist. At this, the judge remarked, “I am forced to say that if a politician like the petitioner, with nearly 30 years of experience as an MLA, can be provoked so easily, he does not deserve to continue as a political leader.”
The state government strongly opposed PC George’s anticipatory bail plea, stating that he had previously made similar provocative statements against the Muslim community. To this, the court said that if the former MLA could be so easily provoked, he was unfit to be a political leader.