New Delhi, Sept 24: The Delhi High Court on Thursday rejected YouTuber Ajeet Bharti’s plea seeking anticipatory bail in a case concerning alleged caste-based and derogatory remarks against Nagina MP and Bhim Army chief Chandrashekhar Azad.
Justice Saurabh Banerjee dismissed the petition, holding that the material before the court prima facie disclosed an offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The court also referred to the statutory restriction on granting anticipatory bail in cases covered by the Act.
The detailed order is yet to be released.Bharti had approached the High Court after a Delhi trial court rejected his anticipatory bail application on September 7.
He had argued that the provisions of the SC/ST Act were not attracted because the alleged remarks did not constitute intentional caste-based insult or humiliation.His counsel also submitted that Bharti had not used any casteist slur and that the statements should be considered in the context in which they were made.
The defence further argued that the material related to the case was already available in the public domain and that custodial interrogation was therefore unnecessary.The Delhi Police opposed the plea, maintaining that the alleged remarks were directed at a particular caste and were made publicly on social media.
The prosecution argued that the necessary conditions for invoking the SC/ST Act were present.Counsel appearing for Azad also opposed Bharti’s plea and described the alleged statements as derogatory and intentional.
The case originated from a complaint filed by Azad with the Delhi Police, alleging that Bharti had made caste-based and abusive statements concerning him, members of the Scheduled Caste community and B.R. Ambedkar on social media.
An FIR was subsequently registered at North Avenue police station under relevant provisions of the SC/ST Act, the Information Technology Act and the Bharatiya Nyaya Sanhita.The High Court had heard arguments from all sides and reserved its order on September 16.
The dismissal of the anticipatory bail plea does not amount to a final determination of Bharti’s guilt. The allegations will be examined during the subsequent legal proceedings on the basis of evidence and applicable law.
