Aisha Sultana not cooperating with probe; deleted mobile chats: Lakshadweep Administration opposes plea to quash FIRs in Kerala High Court

The Lakshadweep Administration on Tuesday filed a statement in the Kerala High Court opposing Lakshadweep filmmaker, Aisha Sultana’s plea to quash the FIRs registered against her under Sections 124A (sedition) and 153B of the Indian Penal Code. (Ayshommabi AM @ Aysha Sulthana v. Union territory of Lakshadweep)..The statement, filed through Senior Central Government Standing Counsel S Manu alleged that Sultana has not been cooperating with the investigation so far and that she has even deleted chats from her mobile phone after the registration of the case..“She has not been properly cooperating with the investigation and refused to provide documents demanded by the police. On the other hand, she raised several baseless allegations against police after filing of the above Crl MC and indulged in a malicious campaign against the police through media. Apparently, her aim is to dissuade the police from conducting a proper investigation by unleashing false propaganda”, the statement read..The administration detailed the stages of the investigation that have been completed so far and claimed that steady progress has been made, despite the alleged non-cooperation of the accused. .It was submitted further that the investigating officers had noticed Sultana to be in constant touch with certain others and reading from her mobile phone during the panel discussion where she made the controversial remarks that had led to the sedition case being registered..The administration claims that these mobile chats have been suspiciously deleted by Sultana after a case was registered against her. The statement added that Sultana’s financial statements lack transparency and deserve further investigation..It is also claimed that the Media One Channel, on which the panel discussion took place, has also not been cooperating with the police and not responding to the notices sent to them..The administration has further asserted that the plea filed by Sultana to quash the FIRs is not maintainable. Referring to the controversial "bio-weapon" remark made by Sutana during the panel discussion, the administration has submitted:."The untrue assertion by the petitioner in this regard is sufficient to arouse hatred or contempt among the people of Lakshadweep towards the Government of India. It can be prima facie considered as an attempt to excite disaffection among the people towards the Government of India. The statement made by her has a tendency to create disorder or disturbance of public peace by resort to violence. It also prima facie amounts to an assertion prejudicial to national integration. Hence the crime has been registered for the offences under Sections 124 A and 153B.".Responding to Sultana's contention that she had made the remark only once, without knowledge of its consequences and that she had immediately taken to social media to apologize, the administration has also argued that the offence of sedition was complete once Sultana made the controversial comment..Earlier, SCGC Manu had also made a similar argument during the hearing for anticipatory bail. There is no requirement of any imminent violence to sustain a charge under Section 124A, IPC as canvassed by Sultana, the administration has stated. .The statement points out that the Supreme Court in Kedar Nath Singh Vs. State of Bihar had held that the offence under 124A gets completed once anyone by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the government established by law in India. .The offence under section 124A is not conditional on any subsequent developments for its completion, the top Court had held. .Aysha Sultana had come under fire after she made certain remarks on a panel discussion on the Media One channel regarding the new Lakshwadeep Administrator, Praful Patel, and the change in COVID-19 protocol on the Islands, which is blamed for the sudden rise in COVID positive cases in the Union Territory..Subsequently a member of the BJP Party registered a complaint against her for the comments, pinpointing a comment where she allegedly claimed that the Administration had unleashed a ‘bio weapon’ by relaxing COVID protocols. The complainant claimed that this was an ‘anti-national act’ .Thereafter, the Kavaratti Police registered FIRs against Sultana under Section 124A (Sedition) and 153B (imputations, assertions prejudicial to national-integration) of the IPC...[BREAKING] Kerala High Court grants anticipatory bail to Lakshadweep filmmaker Aisha Sultana in sedition case [READ ORDER].Single-judge Ashok Menon had, on July 17, granted Sultana interim protection from arrest while directing her to cooperate with the investigating officers. .However, the Lakshadweep administration later filed an application with the Court alleging that while Sultana was on the Islands, she broke COVID protocols multiple times..Aisha Sultana virtually abused Court’s interim protection, broke COVID-19 protocol: Lakshadweep Administration to Kerala High Court.On July 2, Sultana approached the Court again for a stay on the proceedings against her. However, noting that the investigation was still in its preliminary stages, Justice Ashok Menon, declined to interfere at the time..[Lakshadweep] Kerala High Court refuses to stay FIR registered against Aisha Sultana in Sedition case .The case is likely to be heard again on July 22,2021.