PFI rally: Kerala High Court grants bail to 31 persons booked for raising provocative slogans

The Kerala High Court on Tuesday granted bail to 31 Popular Front of India (PFI) workers arrested for allegedly raising provocative slogans and disrupting communal harmony at a rally conducted in Alappuzha district in May this year. [Ansar & Ors. v State of Kerala].Justice Bechu Kurian Thomas opined that even though the allegations against the accused are serious, they can be granted bail with conditions, considering the period of incarceration already undergone and the stage of investigation. "The allegations against the petitioners are serious in nature. A minor boy is also alleged to have been used for shouting the provocative slogans. Notwithstanding the serious nature of the allegations, petitioners have been in detention from 24.05.2022 onwards, while the last arrest was made on 04.06.2022. Thus all the petitioners are continuing in detention atleast for more than 30 days. The investigation as far as petitioners are concerned are almost complete. The continued detention of the petitioners will not serve any further purpose, despite two accused remaining at large," the Court said in its order..The issue relates to the now infamous 'Jana Maha Sammelanam' rally which was conducted by the PFI on May 21, 2022 in Alappuzha district.A video of a minor boy raising provocative slogans threatening annihilation of certain religious groups while perched on the shoulders of an adult man in the rally, had gone viral on social media. .Subsequently, the police had registered a first information report (FIR) arraying 33 persons as accused, out of which 31 persons were arrested for committing the following offences:Sections 143 IPC - unlawful assembly;Section 147 IPC - rioting;Section 153A IPC - promoting enmity between different groups on the basis of religion; Section 295A IPC - deliberate and malicious acts intended to outrage religious feelings;Section 505(1)(b) IPC - inducing persons to commit offence against State of public tranquility;Section 506 IPC - criminal intimidation; read with Section 149 IPC - every member of unlawful assembly guilty of offence committed in prosecution of common object;Sections 75 and 83 of the Juvenile Justice (Care and Protection of Children) Act, 2015; and Section 120(o) of the Kerala Police Act, 2011.All these petitioners were alleged to have formed themselves into an unlawful assembly and committed rioting during the PFI rally by raising provocative slogans, inciting feelings of disharmony, enmity and hatred between different religions causing prejudice to the maintenance of religious harmony thereby committing the offences alleged against them. The prosecution further alleged that one of the petitioners, the president of PFI, along with the another accused, caused the minor boy to shout provocative slogans while other accused repeated the slogans, thereby causing injury to communal harmony..The petitioners contended that the offences alleged against them cannot be sustained considering the nature of allegations and that the slogans were being misinterpreted for ulterior purposes and no offence was made out. They also argued that they had already been incarcerated for some time and that their continued detention was no longer necessary..The prosecution on the other hand opposed the grant of bail and submitted that the harmony that prevails in the State was attempted to be disrupted by the accused and if such slogans are permitted to be shouted during rallies, the same can have serious repercussions.It was argued that investigation is still continuing and that one of the accused is yet to be arrested and another is yet to be identified..The Court opined that no purpose can be served for the investigation by keeping the petitioners behind bars any longer and granted them bail subject to the following conditions:Petitioners shall be released on bail on them executing a bond for ₹50,000 with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction;Petitioners shall appear before the Investigating Officer every alternate Saturdays between 9.00 a.m.and 11.00 a.m;Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence;Petitioners shall not commit any other similar offences while they are on bail;Petitioners shall not leave Kerala without the permission of the jurisdictional court..After videos of the PFI rally went viral, persons from all religious and political sides derided the video and raised concerns for the well-being of the child, as did several judges of the Court. .Two days after the rally, Justice Gopinath P flagged the worrying phenomenon of children being made to be part of political rallies and raise provocative slogans and opined that the same must be prevented."Are they not fostering a new generation that grows up with this religious hatred in mind? I was just wondering about the fact that when this child grows and he becomes a major, his mind will already be conditioned to this kind of rhetoric. Something must be done," the judge had remarked..In fact, even before the rally occurred, a petitioner had approached the Court seeking to restrain the activities of the participants of the rally citing several violent clashes and political murders that had occurred in Alappuzha in the months prior. The Court had then instructed the police to ensure that law and order is maintained at the rally.When the Court finally disposed the matter a week later, Justice PV Kunhikrishnan opined that even the organisers of such rallies ought to be prosecuted but refrained from issuing any directions in this regard."If a member of a rally raises provocative slogans, the persons who organize the rally is also responsible. If a rally is conducted, it is the duty of the leaders to control the members of the rally," the Court had said in that judgment..[Read Order]