Freedom of speech the foundation of a strong democracy: Punjab & Haryana High Court grants bail to farmer booked for sedition

The Punjab & Haryana High Court on Tuesday granted bail to Dalbir Singh (petitioner), a famer arrested under the sedition law for allegedly making derogatory remarks against the Chief Minister of Haryana, Manohar Lal Khattar. (Dalbir v. State of Haryana).While allowing the bail plea, Justice Avneesh Jhingan also observed that freedom of speech is a fundamental right and makes a foundation for a strong democracy..“While dealing with the petitions for grant of regular bail, this Court has no occasion to consider the merits of the allegations in detail. Suffice to say that freedom of speech is a fundamental right and makes a foundation for a strong democracy", stated the order.The petitioner had been arrested following the registration of two FIRs. The first FIR cited Sections 124A (sedition) and 153A (promoting enmity between different groups) of the Indian Penal Code (IPC) and the second one cited Sections 294 (obscene acts and songs), 504 (intentional insult with intent to provoke breach of peace), 506 (criminal intimidation), and 500 (defamation) of the IPC..As per the FIRs, the petitioner had allegedly made certain speeches regarding the Chief Minister of Haryana that had objectionable content and could have resulted in caste-based division, leading to a disruption in the State's peace and harmony..The State opposed bail, contending that the petitioner had been arrested with great difficulty and may attempt to abscond if released. Another concern expressed was that petitioner may create a law-and-order problem through his activities if he is enlarged on bail..On the other hand, the petitioner's counsel argued that the case was one of false implication and the petitioner was simply exercising his fundamental right to protest. It was contended that the petitioner had every right to criticise the functioning of the State..However, to meet the apprehensions of the State, the petitioner submitted that he would furnish a surety of Rs. 2 Lakhs each for bail with respect to each FIR..Justice Jhingan was inclined to grant bail, reasoning that the mere apprehension of misuse of bail was not enough to deny the petitioner his personal liberty..The Judge also refused to delve into the merits of the case or comment further on the nature of the speeches, leaving the discussion as to merits for the trial court to examine.“The nature of contents of the speeches would be subject matter of trial as to whether it was lawful protest against the policies and working of the Government or had a different goal and intention", the High Court said. .While it highlighted the importance of the freedom of speech in a democracy, the Court also hastened to add that "an embargo to freedom of speech is prescribed in Article 19 of the Constitution of India itself.".Finally, the petitioner was granted bail, subject to furnishing surety/ bail bonds of Rs. 2 Lakhs each for both the FIRs. The State was also granted liberty to move the Court for cancellation of bail should the same be misused..Advocates Randeep Surjewala and R Kartikeya appeared for the petitioner, whereas Additional Advocate General Deepak Sabherwal appeared for the State of Haryana..[Read Order]