Eranakulam: The Kerala High Court on Tuesday has sought a response from the Lakshadweep administration on the anticipatory bail plea filed by filmmaker Aisha Sultana in the sedition case against her. The filmmaker has filed the bail plea under Section 438 of the Criminal Procedure Code.
An FIR was registered against her by the Kavaratti police on sedition charges based on a complaint filed by BJP's Lakshadweep unit president C Abdul Khader Haji against Sultana for terming the Union territory’s administrator, Praful Khoda Patel, a 'biological weapon' in a TV debate. Kavaratti Police of Lakshadweep registered a case under section 124A and 153B of the IPC.
Read:| Kerala HC asks Lakshadweep Police to file statement in Aisha Sultana's bail plea
Senior lawyer P Vijayabhanu, appearing for Sultana, argued that the criticism on political issues does not constitute the offence of sedition under Section 124A Indian Penal Code (IPC) and police charged her with treason by misinterpreting her remarks. The plea said that the offences under section 153B of IPC also will not stand against the applicant at the words spoken is not prejudicial to national integration or causing disharmony or feelings of enmity or hatred or ill-will.
The plea stated that the references made during the TV discussion had absolutely no intention of exciting disaffection towards the Government and Sultana apologized on social media following the controversy over her remarks. The filmmaker was served a notice under Section 41A Code of Criminal Procedure (CrPC) asking her to appear at Police Headquarters in Kavaratti in connection with the case.
Read:| Sedition case against Aisha Sultana 'unjust', says Lakshadweep BJP leader after quitting party
The petitioner stated that she is likely to be arrested while appearing at the Kavaratti police station while urging the court to grant her bail. Justice Ashok Menon has posted the matter for further hearing on Thursday. Meanwhile, Haji has also filed a petition in the high court seeking permission to join the case.
(with agency inputs)
