[Breaking] Hate speech has become fashion; causing more harm than pandemic: Gurugram court rejects bail plea of Ram Bhagat Gopal

A Gurugram court has rejected the bail plea of Ram Bhagat Gopal accused of delivering inflammatory and communal speeches at a Mahapanchayat in Haryana. .In a strongly worded order, Judicial Magistrate Mohammad Sageer said that people who give such communally charged speeches and create disharmony are more harmful to the country than COVID pandemic. "Hate speech based on religion or caste has become fashion nowadays and police also seems to be helpless of dealing with such incidents. Such kind of people who are trying to create disharmony and imparting hatred amongst the common people are actually harming this country more than the pandemic," the order said. .Earlier, Ram Bhagat was granted bail in one of the matters due to his age. In this regard, the Court said that the concession given by courts of law due to his age was misused by Bhagat."He has taken the concession in wrong perspective that he can do anything even to destroy the very fundamental feature of the constitution which we called “ secularism” by his hate speech and also that there is no force to stop him as if he is protected by some indefeasible forces and the Rule of Law does not exist in our country.".Gopal was arrested after he participated in an event and allegedly gave hate speeches targeting a particular religious community and used inflammatory language to instigate the mob to abduct girls of that community and kill persons of that community.The Court observed that hate speech lays the groundwork for subsequent broader attacks including ostracism, segregation, deportation and in most extreme cases, genocide. .It was submitted by the applicant that he was innocent and has no "criminal history". On this note, the Court referred to the information given by the Investigating Officer that Bhagat was the same person who was seen brandishing illegal weapon and opening fire at the students ja mi university in Delhi during anti-CAA protests.."Hate speech lays the groundwork for later, broad attacks on vulnerable that can range from discrimination, to ostracism, segregation, deportation, violence and, in the most extreme cases, to genocide. Hate speech also impacts a protected group's ability to respond to the substantive ideas under debate, thereby placing a serious barrier to their full participation in our democracy," the Court said. .The counsel for the applicant/accused, submitted that Ram Bhagat has been made scapegoat in the case and due to early inflammatory speeches of other persons and the charged atmosphere, the accused got carried away. Therefore, keeping in view of his young age and innocent mind, he must be released on bail, it was contended..On the other hand, Additional Public Prosecutor for the State opposed the bail plea and submitted that the accused has been booked under serious offences under Sections 153-A and 295-A of the Indian Penal Code and he voluntarily participated in that event.After considering the material placed on record and submissions of the parties, the court said that the defense tried to mislead the court because the applicant/accused himself had admitted that he was person who gave inflammatory speech/ "Therefore, it is clear that the defence tried to mislead the Court in this regard."."The faith of common man has to be restored that the State is having the Secular character and not in support of such kind of persons, promoting hatred and enmity in the name of religion, caste etc."Gurugram Court .The Court said that if such kind of persons are allowed to move freely and to indulge in such activities, the very existence of communal harmony may be disturbed and that will give a wrong message that this type of acts are acceptable. "The faith of common man has to be restored that the State is having the Secular character and not in support of such kind of persons, promoting hatred and enmity in the name of religion, caste etc," the Court said. .While dismissing the bail plea, the Court said that the act of the accused amounts to hate speech and it can also lead to "destruction of our society"."The act of the accused i.e. hate speech qua instigating abduction and killing of girls and persons of a particular religious community is itself a form of violence and such people and their inflammatory speeches are obstacle to the growth of a true democratic spirit. It leads to destruction of our society as people will fight based on religion," the order said. .Accordingly, the bail application was dismissed. .[Read Order]