Gauhati High Court grants bail to person booked under sedition law for using a table cloth resembling Indian National Flag

The Gauhati High Court has granted bail to a person who was booked for sedition after a picture had emerged on Facebook showing the accused and few other persons having lunch on a dining table with a table cloth that resembled the Indian National Flag (Rajina Parbin Sultana v. State of Assam)..Single-judge Justice Manish Choudhury released the accused on bail noting that custodial detention would not be necessary for the purpose of carrying out investigation of the case and the release will not likely to cause any prejudicial effect in the further investigation. The Court directed the accused to furnish a bail bond of Rs. 20,000 with one local surety of the same amount to the satisfaction of the Sub-Divisional Judicial Magistrate, North Salmara, Abhayapuri.."The accused-petitioner shall maintain law and order and shall not commit an offence similar to the offence of which she is accused, or of the commission of which she is suspected," the Court added. .The accused-petitioner, Rajina Parbin Sultana had invited some guests to her house for lunch on the occasion of Eid festival.A complaint was filed against six persons alleging that they had willfully dishonoured the Indian National Flag by using the same as a table cloth on the dining table while having food. An FIR was registered under Sections 120B/ 124A of the Indian Penal Code (IPC) and Section 2 of the Prevention of Insult to National Honour Act, 1971 on May 15..The accused-petitioner approached the High Court under Section 439 of Code of Criminal Procedure, 1973 praying for her release on bail, as she was in custody since May 16, 2021..Advocate Syed Burhanpur Rahman, appearing for the petitioner, submitted that even if the accusations were prima facie accepted to be true, the same could not be brought within the purview of the offence under Section 124A of IPC. It was also pointed out that out of the six accused persons, five were already released on bail. .Public Prosecutor A Begum submitted that there was ample evidence showing that the accused had used a table cloth resembling the Indian National Flag while dining at her house on the occasion of Eid festival. .The prosecutor, however, said that the materials collected during the course of investigation carried out so far, were not sufficient to hold a prima facie view about the offence defined under Section 124A of IPC..The Court noted that prima facie conduct of the accused did not suggest to be an act to have the affect of subverting the government by bringing that government into contempt or hatred or creating disaffection against it..Without expressing any final opinion with regard to the fulfillment of the ingredients of the offences, the Court went on to grant bail to the accused..[Read Order]