Petition by Muslim advocate alleges unable to file bail plea due to 'communal frenzy' in Indore: Supreme Court seeks State's response

A Muslim advocate and her intern have moved the Supreme Court claiming that they were unable to file bail applications in alleged false cases against them in the wake of 'communal frenzy' in the city of Indore [Noorjahan @ Noori and anr v. State of Madhya Pradesh]. .A bench of Justices Ajay Rastogi and Bela M Trivedi sought the response of the Madhya Pradesh government in the matter on Friday, and will hear the case on March 20, Monday."Issue notice, returnable on 20.03.2023. Dasti, in addition, is permitted. Let the standing counsel for the State be served in addition," the Court directed. .The petition, filed through Advocate Anil Kumar Bakshi, said that the criminal complaints against the two women - a practicing advocate and her 23-year-old law intern - were baseless.The latter was booked after lawyers objected to her allegedly recording court proceedings of a bail hearing of a Bajrang Dal leader accused of vandalism during the screening of Bollywood film Pathaan.It was alleged that she was subsequently frisked and abused by a group of rowdies, and soon arrested at their behest, after they claimed that she worked for banned organisations like the Popular Front of India (PFI). The first petitioner then had to leave the city and go into hiding, owing to fear for her life and security. The police pasted a notice on her house in Indore."No application could be filed by local lawyers for the petitioners because of the communally charged atmosphere in Indore City...An apparently vicious communal environment prevails in the city that has unforunately engulfed in the District Court premises...The petitioners are not in a position to avail justice and their legal rights are totally jeopardized," the plea stated..Pertinently, it was alleged that lawyer Ehtesham Hashmi, who passed away recently, was also harassed by the same communal elements who are hounding the petitioners. The plea claimed that the heart attack Hashmi succumbed to was a result of the shock and trauma he suffered when he was surrounded while opposing the bail of the Bajrang Dal leader."There is a complete breakdown of law and order machinery in the respondent state. State authorities seem to be either infected by communal virus themselves or are under the pressure of communal elements," the petition said..The petitioners, therefore, prayed that an inquiry should be conducted by a High Court judge into the matter, and directions should be issued to the Madhya Pradesh government to ensure their safety. They also sought a stay on the arrest of the first petitioner and a direction to release the second on bail, apart from quashing of the first information report (FIR) against them..Senior Advocate Dushyant Dave with Advocates Rajesh Tyagi, Amit Shrivastava, Padam Kumar, Afshan Pracha and Pratyush Nilotpal appeared for the petitioners. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.