2 hrs ago
Delhi High Court Denies YouTuber Ajeet Bharti Pre-Arrest Bail
The Delhi High Court refused to protect YouTuber Ajeet Bharti from arrest before trial.
The case involves comments he allegedly made about MP Chandrashekhar Azad and Scheduled Caste people.
The court said there was an initial case under the SC/ST Act.
That law generally prevents courts from granting anticipatory bail in such circumstances.
Bharti’s lawyers said his comments were taken out of context.
They also said he did not mean to insult anyone because of caste.
Police and Azad’s lawyer said the remarks were intentional, insulting and made publicly online.
A lower court had already refused his bail request.
The High Court’s detailed written order is still awaited.
The Delhi High Court dismissed YouTuber Ajeet Bharti’s anticipatory bail plea.
Justice Saurabh Banerjee found a prima facie case under the SC/ST Act.
The court said the Act’s statutory bar made the plea not maintainable.
The case concerns alleged caste-based remarks against Nagina MP Chandrashekhar Azad and Scheduled Caste members.
The FIR invokes the SC/ST Act, Information Technology Act and Bharatiya Nyaya Sanhita.
- Who
- YouTuber Ajeet Bharti, Nagina MP Chandrashekhar Azad, the Delhi Police and the Delhi High Court.
- What
- The Delhi High Court denied Bharti anticipatory bail in a case involving alleged casteist remarks.
- Where
- The alleged remarks were made on social media, and the proceedings are before courts in Delhi.
- When
- The High Court announced its decision on Thursday; the trial court had rejected bail on September 7, and the High Court had reserved its order on September 16.
- Why
- The court found a prima facie case under the SC/ST Act and held that the Act barred anticipatory bail.
Bharti’s Position
Police and Complainant’s Position
Intent and caste-based insult
Bharti’s Position
Bharti’s counsel said the remarks were made in a specific social-media context, were not intended to target Azad because of his caste, and did not include a casteist slur.
Police and Complainant’s Position
The Delhi Police and Azad’s lawyer said the remarks were caste-based, derogatory, intentional and humiliating, and directly insulted a particular caste.
Applicability of the SC/ST Act
Bharti’s Position
Bharti’s counsel argued that the Act was not attracted because there was no intentional insult or humiliation.
Police and Complainant’s Position
The prosecution argued that the alleged words were publicly posted on social media and that the ingredients of an offence under the Act were present.
Key facts
- Court
- Delhi High Court
- Judge
- Justice Saurabh Banerjee
- Applicant
- YouTuber Ajeet Bharti
- Complainant
- Nagina MP Chandrashekhar Azad
- Main law cited
- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act
- Other FIR provisions
- Information Technology Act and Bharatiya Nyaya Sanhita
- Status
- Detailed High Court order awaited
Quotes
Justice Saurabh Banerjee
Delhi High Court judge who dismissed Ajeet Bharti’s anticipatory bail plea
“In view of the fact that a case under the provisions of the SC/ST Act is prima facie made out against the applicant and considering the statutory bar (on grant of bail) under the SC/ST Act, the present petition seeking grant of anticipatory bail is dismissed being not maintainable.”
rediff.com
Sources
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Delhi Court Denies Ajeet Bharti Anticipatory Bail in SC/ST Case
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