[Anti-Muslim slogans at Jantar Mantar] I will be last person to defend someone making such a hate speech: Sr Adv Vikas Singh

Defending lawyer and BJP spokesperson Ashwini Kumar Upadhyay in the case related to the recent anti-Muslim sloganeering at Delhi's Jantar Mantar, Senior Advocate Vikas Singh today told a Delhi Court that he would be the last person to defend those who make such speeches.

. He said,

"I will be last person to defend someone making such a hate speech. The country will get completely divided if we allow such speeches."

. The Supreme Court Bar Association President was one of four Senior Advocates to represent Upadhyay in the case. The others were Sidharth Luthra, Pradeep Rai and Gopal Sankaranarayanan . Singh told the Court,

"We are all appearing not only because [he is a] respected advocate, this kind of arrest can't be permitted...it is clear form the video that it is at 5pm...Police can’t indiscriminately arrest anybody when there is no plausible suspicion also. Suppose allegation was that it was in his presence, I wouldn’t have defended him..."

. Luthra added,

"Distance was substantial...We may be a part of assembly but are not responsible for the fracas that takes place after we have left."

The Senior Counsel also argued that there was distinction in role and a person who had left the spot couldn't be said to have a common intention with people, who subsequently committed the alleged offences. " If a man has left the spot, you can’t claim a common intention against him. The CDR is with the police. They should have verified if he had left the spot before the untoward incident before arresting him ," Luthra stressed.

. The Public Prosecutor countered,

"We have to see gravity of the offence, date, pandemic time...At this time you are gathering so many people...You see the area...Parliament Session was going on..."

He went on to add,

"It was an unlawful assembly.. All these offences were committed. Section 149 is involved. Even if in his presence, somebody has given hate speech..."

. Sankaranarayanan then contended,

"Mere presence, even if such a presence is admitted, will not be sufficient... He wasn’t there. It is for the prosecution to show he was present."

The senior lawyer pointed out that all the evidence that the police was looking for was available online.

" Videos are there, individuals are available. All of us know Ashwini personally and that's why we are all here. The event took place after him.. If I start making communal slogans would your honour be responsible.. Would the PP be responsible? " he questioned.

. The Court ultimately reserved the matter for orders.

. On Tuesday, Upadhyay and five others were arrested by Delhi Police in relation to the anti-Muslim sloganeering that took place at his rally “against colonial-era laws” in the country held on August 8.

The rally set up by Upadhyay saw hundreds of people in attendance calling for a march under the ‘Bharat Jodo Movement’. However, a video had later surfaced with a few people calling for killing of Muslims in India.

. That same day, Upadhyay was remanded to two days of judicial custody , following which he sought bail. Upadhyay’s counsel contended that he never had any intention to promote hatred or enmity within different religious communities. He questioned the fact that the matter falls within Section 153A of IPC while arguing that the accused was not even present at the venue rather he had left at around 12.15 in the afternoon and therefore, there was no ground for judicial custody remand.

."Anti-Muslim slogans raised after my rally wrapped up:" Supreme Court lawyer Ashwini Upadhyay denies knowledge of sloganeering in Delhi

[Anti-Muslim slogans at Jantar Mantar] I will be last person to defend someone making such a hate speech: Sr Adv Vikas Singh

Aamir Khan

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