Why Allahabad High Court said throwing biryani in Ganga can hurt religious sentiment

Justice Rajiv Lochan Shukla granted bail to the five accused persons in the case.

Justice Shukla of the Allahabad High Court granted bail to five accused persons, while another bench of Justice Jitendra Kumar Sinha granted bail to three accused persons. 8 out of the 14 accused in the case have been granted bail.

Applicants apologetic: Allahabad High Court

• Applicants were apologetic for their actions, and even their families regretted the pain that was caused to society at large.
• Understand that while facing prosecution in a criminal case, specific acceptance of the crime cannot be made by a person swearing an affidavit on behalf of the person, who has been incarcerated and while considering the grant of bail, an admission to the crime alleged is not warranted.
• Affidavits filed in support of the bail application showed genuine remorse for the actions attributed to the applicants.
• The court was informed that the accused persons did not deny being in the video.
• Not denying being in the video and then expressing regrets shows that the applicants genuinely accept what has been stated on the affidavit and are not using the same as an excuse to escape the punishment of the law.
• Considering the lack of criminal antecedents of the applicants, the period of detention already undergone and also the apology, the accused persons are granted bail.

Fourteen men, all in their 20s, were arrested in connection with the case, spending nearly two months behind bars. The men were accused of “hurting religious sentiments”, “defiling” a place of worship and “extortion”, as well as charges under the Pollution Act.

The matter eventually reached the Allahabad High Court for bail.

The case

On March 17, police had initiated action after a video of the alleged incident aboard a motorboat went viral on social media. Officials had said the footage was purportedly uploaded by the accused themselves. Following this, Rajat Jaiswal, district president of the BJP’s youth wing, Bharatiya Janata Yuva Morcha (BJYM), lodged a complaint at Kotwali police station.

A case was then filed under BNS sections 298 (injuring or defiling place of worship, with intent to insult the religion of any class), 299 (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 196 (promoting enmity between different groups), and 223 (using evidence known to be false).

Police officials had earlier said that since the offences mentioned in the initial FIR did not warrant immediate arrest under the law, action was initiated under preventive provisions related to apprehension of breach of peace. Charges of extortion were also invoked against the accused. “We invoked BNS section 308 (extortion) against the accused based on the statements of the boat operators, who alleged that the group forcibly took control of the motorboat after issuing threats,” Assistant Commissioner of Police, Varanasi, Vijay Pratap Singh had said earlier.

The motorboat was owned by 65-year-old Kashi Sahani. ACP Singh said the extortion charge was invoked based on statements by Kashi Sahani’s son, Anil Sahani, and his relative, Ranjan Sahani.