Yogesh K Porwar
The Karnataka High Court on Tuesday granted bail to a 25-year-old domestic help who was arrested on charges of sedition and other offences for allegedly shouting “Jai Bangla”during an eviction drive in Anekal taluk.
The case dates back to in January this year during an operation carried out to clear unauthorised houses using a JCB on land in Ellareddy village under the limits of Hebbagodi Police Station.
During the drive,the woman was allegedly heard raising the slogan,following which police registered a suo motu case under Sections 152,196,197(1) and 353(1) of the IPC and arrested her.
The accused,identified as Sarbhanu Khatun,originally from Nandigram,was remanded to judicial custody.Her bail plea was initially rejected by the District and Sessions Court,citing the seriousness of the charges.
However,during the hearing in the High Court,the defence strongly argued that the case lacked prima facie evidence of criminal intent.
Advocate,Mohammad Rasheef M,contended that the video cited by the prosecution itself indicated that the accused was allegedly provoked,pressured,and forced to raise slogans,thereby violating her fundamental rights.
The defence further argued that the accused did not voluntarily raise any anti-national slogans and had also shouted “Bharat Mata Ki Jai” multiple times.
The police registered a suo motu FIR based solely on a viral social media video without verifying its authenticity.
Mandatory procedures,including preliminary inquiry and certification of electronic evidence under Section 63 of the Bharatiya Sakshya Adhiniyam (BSA), were not followed.
The accused was not properly informed of the grounds of arrest in a language known to her,violating Article 22 of the Constitution.
It was also argued that the arrest amounted to misuse of law,as no action was taken against those who allegedly provoked her, raising concerns of selective enforcement.
The State opposed the bail plea,maintaining that the charges were serious and warranted continued custody.
However,the High Court accepted the defence’s arguments and granted bail,observing that personal liberty cannot be curtailed without due process and sufficient grounds.
The case has sparked public debate,especially after political and civil society voices questioned whether similar slogans raised in other contexts have faced scrutiny.
Activist R.Kaleemullah of Swaraj India questioned whether the law is being applied selectively,particularly against economically weaker individuals.Police investigation in the case is ongoing.
