Shivani Thakur
Published on: April 25, 2022 at 17:54 IST
A Mumbai Court granted Anticipatory Bail to three men for playing drums outside a Mosque during Azaan, stating that they didn’t shout Slogans and their Custodial Interrogation is ‘not warranted at all’.
“It is the responsibility of the State to ensure that all steps are taken to promote Fraternity among different Communities. The State should not shun its eyes and close its ears, in respect of the situation prevailing in the society, resulting into disrespect by any person belonging to one community for other community. The promotion of fraternity is one of the goals, set forth in the constitution,” Additional Session Judge S.U. Baghele observed.
It was alleged that Religious Procession was organised by one Community were given to play drums in front of Mosque, thereby affecting Prayer and creating hatred amongst two different Communities.
State argued that it has to be investigated into, as to whether the crime was pre-planned for which custodial interrogation is necessary.
The Court said that the nature of the Allegations is such that there is absolutely no need for Custodial Interrogation of the applicants.
No Slogans are said to have been raised by one community against another community. In such scenario, the Court decided that the Applicants are entitled to Anticipatory Bail.
“The State must focus on different facets of the scenario, which ultimately results into disharmony, and address the same in such a prudent manner, as to ensure that there shall be no interference by any one Community into the Religious feelings of any other Community, so as to ultimately achieve the goal of fraternity, as sought to be promoted by the Constitution,” the Court advised.