Hindu Pakistan remark: Calcutta High Court stays arrest warrant against Shashi Tharoor

The Calcutta High Court on Thursday stayed the implementation of the arrest warrant issued against Senior Congress leader Shashi Tharoor over his “Hindu Pakistan” comment..The Court of Additional Chief Metropolitan Magistrate (ACMM), Calcutta on July 13, 2018 had issued an arrest warrant against Tharoor on a complaint filed by an Advocate, Sumeet Chowdhury..Aggrieved by the same, Tharoor had moved the High Court..The High Court noted the following infirmities in the proceedings of the ACMM beginning with the fact that summons was issued against Tharoor, “who is admittedly residing outside the jurisdiction of the Court without mandatory complaint of postponement under Section 202.”.Further, the High Court also noted that cognizance of the offence under Section 153(a) was taken by the Court without the prior permission from the Central or State government as is required under Section 196 of the Code of Criminal Procedure..These infirmities of anomalies were sufficient for the High Court to interfere in the matter at this state, Justice Rajasekhar Mantha said while ordering a stay on the arrest warrant. The High Court also stayed all the proceedings before the ACMM..The order reads,.“In those circumstances, there shall be a stay of all further proceeding in CN 471 of 2018 pending before the learned Additional Chief Metropolitan Magistrate, Calcutta under Sections 153A/295A of the Indian Penal Code read with Section 2 of the Prevention of Insults to National Honour Act, 1971 for a period of six weeks from date or until further order whichever is earlier.”.The Court also said that the arrest warrant will remain stayed till the main revision application filed by Tharoor in the matter is disposed of. The Court will hear the matter next on September 20..The complainant in the case is a member of Bengal’s BJP Legal Cell. He had filed this complaint after Tharoor made a comment in July last year regarding India becoming intolerant and a less inclusive country. Tharoor had stated that India would become a “Hindu Pakistan” should the BJP come back to power..[Read Order]

Hindu Pakistan remark: Calcutta High Court stays arrest warrant against Shashi Tharoor

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