The Delhi High Court recently granted transit bail to a Delhi resident in a case under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), observing that his Instagram video about alleged cruelty to dogs in Nagaland did not appear to target individuals based on their caste or tribal identity [Akash Tanwar vs. State of Delhi & Ors.]
Akash Tanwar, who said he works for the welfare of stray animals, had posted a video in which he allegedly made offensive comments against the residents of Nagaland. The video pertained to alleged cruelty against dogs in Nagaland.
He was arrested by Nagaland Police in November 2023 from Delhi but soon released on interim bail by a Saket Court.
The High Court then granted transit bail to him on October 21.
Justice Amit Mahajan opined that the provisions of the SC/ST Act may not be attracted in the case against Tanwar.
“The petitioner’s alleged social media post, while offensive to certain communities, does not appear to target individuals based on their caste or tribal identity. Furthermore, there is no evidence to suggest that the petitioner intended to humiliate or degrade any specific individual or group on the basis of caste,” Justice Mahajan said.
The single-judge further said that the prosecution failed to demonstrate that the accused’s alleged actions were motivated by the complainant’s caste or that the casteist remarks were made with the intent to humiliate her specifically because of her caste.
"In the opinion of this Court, there is nothing in the transcript of the video that prima facie indicates the remarks were made by the applicant solely because the complainant/people of Nagaland belong to a Scheduled Caste. While the act of the applicant may have the impact of maligning the people residing in Nagaland, the same prima facie does not appear to be for the reason that the complainant belongs to a Scheduled Caste."
The Court was considering Tanwar's plea for regular bail.
The same was opposed by Nagaland Police, saying that since Tanwar is already enjoying the benefit of interim relief and is not in custody, the prayer for grant of regular bail is not maintainable.
It was also submitted that he should approach the court having territorial jurisdiction over Police Station of Dimapur West.
Justice Mahajan agreed that power to grant bail is limited to the territorial jurisdiction and cannot be usurped by disregarding that principle.
However, the Court also emphasised that temporary relief to protect liberty and avoid immediate arrest, can be provided by it.
"The applicant should be afforded the opportunity to seek appropriate remedies before the court having proper territorial and subject-matter jurisdiction over the case. Given that the FIR was registered in Nagaland alleging that the applicant, with the intent to incite communal hatred, enmity, and disharmony made a video pertaining to the people in Nagaland and posted it on social media. Therefore, an application seeking bail in terms of law laid down by Priya Indoria v. State of Karnataka & Ors. (supra) would have to be filed before the concerned court in Nagaland," the Court said.
Thus, it granted transit bail to Tanwar for 14 days to enable him to move the concerned court in Nagaland.
"The applicant is directed to surrender before the appropriate court in Nagaland within the stipulated period and seek further legal recourse as required," the Court ordered.
However, the Court declined to entertain Tanwar's plea for quashing of the FIR registered by Nagaland Police.
"The convenience of hearing this case in Nagaland, where the alleged offence caused harm, and where the FIR was filed by the complainant, outweighs the convenience of the petitioner. Therefore, Nagaland is the appropriate forum for adjudicating this matter," the Court reasoned.
Advocates Sumit Mishra, Ankit Siwach Kapil Tanwar and Pawan Gupta appeared for Tanwar.
Additional Standing Counsel (Criminal) Amol Sinha and Rupali Bandhopadhya along with advocates Kshitiz Garg and Abhijeet Kumar, K Enatoli Sema, Amit Kumar Singh, Prang Newmai and Chubalemla Chang appeared for the State.
[Read Order]