Greeva Garg–
Gauhati High Court has released a woman on bail who was adjudged under Sedition Law. The accused posted a picture on her Facebook account, where she and few other people along with her were having lunch on a dining table covered with a table cloth resembling the Indian National Flag.
The vacation bench headed by Justice Manish Choudhary stated that “It does not prima facie suggest to be an Act to have the effect of subverting the Government by bringing that Government into contempt or hatred or creating disaffection against it.”
The Court 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.”
With the release of the accused, the Court directed her to provide the bail bond of Rs. 20,000 with one local surety.
On the occasion of the Eid festival, Rajina Parbin Sultana, the accused invited some of her for lunch, at her house. After the picture getting viral on Facebook, where the accused and five other people were having lunch on a dining table with a table cloth similar to Indian National Flag, the complaint was filed against six people for wilfully dishonouring the Country.
Subsequently, the FIR was registered under Section 120B/124A of the Indian Penal Code (IPC) and Section 2 of the Prevention of Insult to National Honour Act on May 15.
The accused approached the Gauhati High Court after filing plea of her bail under Section 439 of Code of Criminal Procedure (CrPC).
In Rajina Parbin Sulatna’s plea, five of the six accused we already released on bail.