Public leaders should not use foul language against President, PM: Madhya Pradesh High Court denies bail to Raja Pateria

The Madhya Pradesh High Court recently remarked that public leaders are not expected to use foul language disparaging the image of leaders in high places like the President or the Prime Minister, while dismissing a bail plea by Congress Leader, Raja Pateria [Raja Pateria v State of MP]..Pateria was arrested last month for allegedly making a speech during a Congress meeting using filthy and intimidating language against Prime Minister Narendra Modi. .Justice Sanjay Dwivedi observed that there was no occasion for the applicant, who is a public leader, to use such derogatory language for the Prime Minister of the country or for abetting a mob to commit a crime."Supposedly, the public leader should be vigilant in using the words during their speech, which may distract the minds of his followers/spectators," the Court said..The Court also expressed concern that it has become a fashion for some public leaders to seek popularity among followers without caring about the consequences."This practice is not only belittling the image of public leaders in the society but also becoming a cause of increase in criminality in the politics. It is not expected from the public leader to use foul language disparaging the image of leader of high-up-place, like President and Prime Minister and engendering consternation in the society," the Court said..For his alleged actions, the Pateria also stands accused of instigating persons from religious and linguistic minorities as well as on the basis of their caste. The first information report (FIR) lodged against him cited the offences of criminal intimidation, abetment and other provisions under the Indian Penal Code (IPC)..The senior counsel appearing for Pateriya submitted that the prosecution had given a false colour to the incident by manipulating the video clip. He submitted that Pateriya had maintained normalcy in language while giving the speech. Generally, political leaders disseminate their agendas by belittling the achievement or merits of leaders of the opposite party, he added. It was only a political stunt and Pateria had no intention to throw dirt over anybody's character or life or to cause disharmony in society, the senior counsel argued..On the other hand, the State counsel countered that there are statements by various eyewitnesses available on record that crystalize the unruly conduct of Pateria. Further, there are video clippings clearly showing that Pateria had made a speech using provocative words, thereby castigating the image of and conspiring to murder the Prime Minister, he told the Court..Having heard the submissions, the Court ultimately rejected the bail plea after noting that such release may give a wrong message to society. Among other factors, the Court also considered the period of incarceration undergone by Pateria and the manner in which the crime was stated to have been committed. However, the bench added that Pateria is at liberty to resuscitate the prayer of bail by filing a fresh application after thirty days.Senior Advocate Shashank Shekhar and advocate Samresh Katare appeared for Pateria while the State was represented by advocate Pramod Thakre..[Read Order]