Kochi, May 28 The Kerala High Court on Wednesday granted anticipatory bail to film director Akhil Marar in a case where he posted a Facebook video about the Pahalgam terror attack and the retaliation by the Indian forces.
The complaint was filed by Aneesh Kizhakkekara, a local BJP leader in Kollam.
In the complaint, it is alleged that Marar, in the video posted on his Facebook account on 11th May, said that none of the terrorists involved in the terrorist attack could be captured.
Besides, the video claims that India gave weapons to Baluchistan activists to create unrest in Pakistan, and India killed common civilians while retaliating against Pakistan.
However, the court said that since the petitioner is willing to cooperate with the investigation, it is of the view that this is a fit case to protect the petitioner with an order of anticipatory bail.
"The petitioner, as a citizen of India, has the right to freedom of speech and expression. His freedom to express his views can be curtailed only by reasonable restrictions as provided under Article 19 (2). The expression of views in a social media post in the absence of any specific call for armed rebellion or secession cannot, by itself, prima facie, be regarded as incitement for such an armed rebellion or subversive activity," the court observed.
"The petitioner (Marar) shall appear for interrogation before the investigating officer on June 10 at 10 a.m. and submit himself for interrogation. The petitioner shall also surrender his mobile phone to the investigator," the court ordered.
Marar was booked under Section 152 of Bharatiya Nyaya Sanhita (acts endangering the sovereignty, unity and integrity of India) by the local police.
"Though the above contentions are impressive, I am of the view that since the matter is under investigation, it is not proper for this court to enter into a finding on the same," added the court.
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