The Supreme Court recently granted interim anticipatory bail to a Muslim poet from Assam who was accused of posting an obscene poem about Hindu deities Lord Ram and Sita.
Bench’s Decision:
A bench comprising of Justices MM Sundresh and SVN Bhatti heard the case in an ex-parte hearing and sought the response of the Assam government. The bench directed that the petitioner shall not be arrested during the interim period provided he cooperates with the investigation.
Background:
The accused had appealed against a February 22 decision of the Gauhati High Court, which had denied him anticipatory bail. The High Court’s decision was based on the accusation that the accused had concealed his real identity, used a different name on social media, and published the contentious poem.
Reasoning of High Court:
The Gauhati High Court had reasoned that there was sufficient incriminating material against the poet, warranting custodial interrogation. It also stated concerns about the accused potentially influencing witnesses and tampering with evidence.
Observations of High Court:
The High Court observed that the poem in question had the potential to incite enmity and hatred among different religious groups. It noted that the accused had been avoiding arrest since the incident.
Appeal and Notice:
The Supreme Court, upon reviewing a public apology made by the accused, issued notice in the matter and granted him interim protection from arrest.
Defense Arguments:
The accused’s counsel argued that he is a reputed poet recognized by the Sahitya Akademi and that the criminal case against him was belated. They also highlighted that the accused had retracted the poem within hours and issued an apology.
Multiple Choice Questions (MCQs) with Answers:
- Who granted interim anticipatory bail to the Muslim poet accused of posting an obscene poem about Hindu deities?
- A) Gauhati High Court
- B) Supreme Court
- C) Assam Government
- D) District Court
- Answer: B) Supreme Court
- Which bench heard the case of the Muslim poet accused of posting the obscene poem?
- A) Justices MM Sundresh and SVN Bhatti
- B) Justices Amit Shah and Ravi Shankar Prasad
- C) Justices Sushant Singh Rajput and Kangana Ranaut
- D) Justices Narendra Modi and Arvind Kejriwal
- Answer: A) Justices MM Sundresh and SVN Bhatti
- What was the decision of the Gauhati High Court regarding the anticipatory bail for the accused poet?
- A) Granted bail
- B) Denied bail
- C) Issued a warning
- D) Deferred the decision
- Answer: B) Denied bail
- What concerns did the High Court express regarding the accused poet?
- A) Possibility of influencing witnesses
- B) Tampering with evidence
- C) Both A and B
- D) None of the above
- Answer: C) Both A and B
- What did the Supreme Court grant to the accused poet while issuing a notice in the matter?
- A) Arrest Warrant
- B) Interim Protection from Arrest
- C) Custodial Interrogation
- D) Public Apology
- Answer: B) Interim Protection from Arrest