A Delhi court on Monday rejected the anticipatory bail plea filed by YouTuber and commentator Ajeet Bharti in the case registered against him under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (SC/ST Act).
Additional Sessions Judge (ASJ) Saurabh Pratap Singh Laler passed the order.
Delhi Police told the Court that the anticipatory bail plea was not maintainable and that there should not be any apprehension that just because a case has been registered, Bharti would be arrested.
The counsel added that the investigating officer (IO) had not even issued notice to Bharti and that all the offences invoked in the FIR carry a maximum punishment of seven years.
Bharti's counsel, advocate Jai Anant Dehadrai, requested the court to record the Delhi Police's statement.
Judge Laler said a detailed order will be made available by today evening.
An FIR was registered against Bharti at Delhi's North Avenue Police Station on August 23 under the SC/ST Act, along with Section 67 of the IT Act and Sections 196(1)(c) and 351(3) of the Bharatiya Nyaya Sanhita.
The complaint was filed by Balakram Bauddh, Delhi State President of the Azad Samaj Party (Kanshi Ram), over a video titled "SB79: Reservation Hatao Andolan Nautanki & More | Saptahik Bakaiti" published on Bharti's social media handle.
As per the complaint, Bharti used caste-based and abusive language, made objectionable remarks involving Chandrashekhar Azad ('Ravan') and BR Ambedkar, used sexually degrading language about women and issued threats.
However, Bharti has defended himself publicly, saying his remarks were provoked by a degrading comment about his mother/sister on his video.
Advocate Jai Anant Dehadrai appeared for Bharti and defended his comments, stating that they followed a "grave provocation" by a person who commented that his (Bharti's) married sister should marry another person (Chandrasekhar Azad).
"My remarks were made as a reaction because somebody said my married sister should marry someone. This was a grave provocation," he said.
Dehadrai said that he did not abuse any caste or community and that his comments were restricted to the person who made the comment about his sister.
He also rejected the allegation that he made comments about Babasaheb Ambedkar.
"My references to Babasaheb Ambedkar are with the deepest respect that his followers should not make such disgusting statements," Dehadrai stated.
He also cited several judgments to state that the offence under the SC/ST Act was not made out against him.