Gauhati High Court
Abul Kalam Rasheed Alam vs The State Of Assam on 18 May, 2020
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/2
GAHC010072462020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1178/2020
1:ABUL KALAM RASHEED ALAM
S/O LT. ASHAN ALI, R/O VILL. PAHAR SING PARA, KISMATPUR, P.O.
BALADMARI, P.S. MARNOI, DIST. GOALPARA, ASSAM, PIN-783121, MOBILE
NO. 9435024004
VERSUS
1:THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. B D KONWAR SR. ADV.
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 18-05-2020 By this application under Section 438 CrPC, petitioner, namely, Abul Kalam Rasheed Alam, has sought for pre-arrest bail in the event of his arrest in connection with Goalpara PS Case No. 218/2020, under Sections 120 (B)/124(A)/153 IPC.
Heard the learned counsel for the parties.
The present petitioner is a local MLA from Goalpara East LAC and now the present FIR has been lodged against him for his certain deliberation before the press-conference at his residence on 06.05.2020.
I have gone through the content of the FIR as well as the transcript of the press conference filed Page No.# 2/2 with the additional affidavit.
As it appears from the aforesaid statement that the present petitioner being the local MLA has raised an apprehension regarding the life and condition of the poor persons in the society due to the prevalent pandemic COVID-19. At one time, he has praised the Government for making all the arrangements to prevent the pandemic, but at other times, he has also requested the Chief Minister to look into the grievances of all sections of people. The present FIR has been lodged with the allegation of sedition and conspiracy, but after going through the entire statement, it only reflects that the grievance has been raised against the Government and sometimes it takes a form of fair criticism of the Government. In a country of democracy, people criticize the Government and every criticism is not sedition within the purview of law. In the present situation prevalent under the pandemic COVID-19, lots of grievances have arisen amongst all sections of people and many voices have been raised sometimes against the Government also and all such voices cannot be condemned as sedition against the Government.
After going through all the documents on record and considering all entirety of the matter, it transpires that the present petitioner is a political person and very much available in his given address, hence, his custodial detention is not warranted and his presence can be made available by his cooperation.
The petitioner, aforesaid, is allowed to go on pre-arrest bail on furnishing bail bonds of Rs. 20,000/-, with one surety of the like amount to the satisfaction of the arresting authority in the event of his arrest in connection with the aforesaid case, with further direction to the petitioner to appear before the IO within a period of 15 days from today and he shall cooperate with the investigation of the case as and when required.
Anticipatory Bail Application stands disposed of.
True copy of the order be furnished under the seal and signature of the Court Master.
JUDGE Comparing Assistant