STATE TIMES NEWS JAMMU: First Additional Sessions Judge Jammu Y.P Kotwal rejected the bail application of Mohammad Waqar Ahmed, son of Mohammad Bashir, resident of Saaj Thannamandi, District Rajouri, who was involved in sedition case. After hearing both the sides, the court observed that perusal of the report called from the concerned police station revealed that upon an information received from the reliable sources that Mohammad Waqar Ahmed, the applicant herein with criminal intention had made a video clip viral to excite disaffection towards the order of Government of India regarding abrogation of Articles 35A and 370 and that the aforesaid remarks/post on the social networking may create law and order problem in the area and thereupon a complaint was filed by District Magistrate Jammu. Upon this, a case FIR No. 163/2019 under Section 124-A RPC has been registered against the accused in police Station Channi Himmat Jammu. “The applicant has claimed his right of freedom of speech and expression guaranteed in Part III under Article 19 (1) (9) of the Constitution of India however, he should also know that under Part IV i.e Article 51 (a) of the Constitution of India fundamental duties of every citizen have been specified. Moreover rights and duties are two sides of the same coin. The applicant appears to be an educated person, he may have any political affiliation or ideology, he has every right to pursue that but it can be only within the framework of Constitution. India is a living example of unity in diversity. Freedom of speech enjoyed by every citizen can be subjected to reasonable restriction under Article 19 (2) of the Constitution. The applicant by uploading the video messages on social media has exceeded the limits of the freedom of speech of expression as the same has allegedly caused hatred and dissatisfaction towards the Government of India. The offence allegedly committed by the accused/applicant herein, is of serious nature, investigation of the case is at initial stage, so admitting the accused to bail at this stage when as per investigating agency there is involvement of other persons who have not yet been arrested, will badly affect the investigation of the case. There is force in the arguments of Public Prosecutor that in order to take the investigation to its logical conclusion custodial interrogation of applicant is required”, the court observed and rejected the bail application.
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