Alleged publication of distorted Goddess Durga image: Gauhati High Court grants pre-arrest bail

The Gauhati High Court last week granted anticipatory bail to the editor and photographer of a magazine booked for publishing a symbolic image of Goddess Durga in a distorted form, thereby hurting the sentiments of the Hindus. (Maini Mahanta and Another v. State of Assam).Justice Hitesh Kumar Sarma passed the interim order in an anticipatory bail application moved by Maini Mahanta and Unique Borah (petitioners) , the editor and photographer of the magazine, 'Nandini.' ."On consideration of the materials available before this Court, as of now, subject to a final decision on perusal of the materials, in the case diary, provided a case has already been registered, the petitioners are granted interim protection till the next date fixed", the Court said. .The petitioners had apprehended arrest in connection with a First Information Report (FIR) lodged against them by M Kailash, President and Apan Choudhary, General Secretary of Pragjyotishpur Aikya Sangha and the Hojai District Youth Committee for hurting the sentiments of Hindus. .The Court has called for the case diary and has directed that the same be produced by the Investigating Officer if the case has been registered and investigation is being carried out in the matter..If the case diary is not furnished, the Court has directed the Investigating Officer to inform the Court as to whether a case has been registered on the basis of the FIR..Pre-arrest bail was granted to the petitioners, subject to certain conditions, namely:1) The petitioners shall appear before the Investigating Police Officer of concerned Police Station and co-operate with the investigation;2) The petitioners shall not hamper with the investigation, or tamper with the evidence of the case;3) The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer..In the event the petitioners are arrested, they are to be released on furnishing a bail bond of Rs.10,000 each with a suitable surety each of the like amount, to the satisfaction of the arresting authority, the Court ordered. .Advocate M Biswas appeared for the petitioners..[Read Order]