A young man carrying a saffron flag by taking off the tricolor flag from a mosque in Gurugram district.
Vikas Tomar, accused of removing the national flag from a mosque in Uton village of Gurugram, has not been relieved from the Punjab and Haryana High Court. The court of Justice Manisha Batra dismissed her anticipatory bail plea.
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The court said that the allegations against the accused are not general or unclear, but specific and serious. The conversation between Vikas Tomar and other accused confirm the allegations.
The court also said that the seriousness of the crime and its potential communal impact at this stage cannot be ignored. The petitioner also did not introduce any extraordinary or exceptional circumstances to provide arrest and bail. The court stated the need for intensive and fair investigation in the case.
This is the whole matter
This incident took place on 7 July. Tasavvar alias Shera of Uton village lodged a complaint at Bilaspur police station that at around 11:15 am, 2-3 people climbed the tower of the village’s collective Idgah and the national flag was thrown there honorably. After this, the saffron flag was placed there.
According to the complaint, these mischievous elements have been identified as the development of Sutana village in Panipat, Vikkal of Model Town Panipat and Village Rathiwas.
Video recording handed to police He handed over the audio and video recording of the episode to the police. Later, this saffron flag was removed in the presence of police, administration and social people. He had requested the police to take action against the accused in the case.
The police initially arrested two accused in the case under Section 2 of the various provisions of the Indian Justice Code (BNS) and Section 2 of the National Honor Prevention of Humiliation Act, 1971, but were granted bail.
The complainant has demanded the arrest of the accused soon.
Sessions court did not give bail
However, the Sessions Court on July 15 refused to grant anticipatory bail to the current petitioner Tomar. Additional Sessions Judge Sandeep Chauhan said in the order that in a country like India, where people of various religions and ethnicity come together to live in the same village, there are some anti-social elements that try to tarnish the social fabric of society for their insignificant goals and wrong ideologies.
He also pointed to communal tension in Haryana some time ago and further said that no general rational person, who has a little patriotism, can dare to commit such a crime.
However, the lawyer representing Tomar argued before the High Court that he has no role in the entire case and he is not even named in the FIR. On the other hand, lawyer Rosie, who represented the state and the complainant, argued that the accused wanted to create communal tension in the area.
Considering the arguments of both the parties, the court dismissed the petition seeking anticipatory bail of development, saying that the court believes that the petitioner is required in custody and no basis for granting anticipatory bail.
Advocate Rosie said that the accused Vikas not only insulted the national flag of the country but also tried to spoil social harmony. The court has also dismissed anticipatory bail, following this.