Ernakulam: The Kerala High Court on Friday granted anticipatory bail to Lakshadweep filmmaker Aisha Sultana in the sedition case. The Kavaratti police had registered the sedition case against her after her alleged controversial 'bio-weapon' remark against the newly appointed Lakshadweep administrator during a discussion held on a Malayalam TV channel. Following this, Aisha Sultana had filed an anticipatory bail application in the High Court. Having considering the bail application, the High Court had sought an explanation from the Central Government and the Lakshadweep administration. However, both parties strongly opposed the granting of anticipatory bail.
The Kerala HC granted her interim anticipatory bail for a week and had directed her to appear before the police for interrogation as per Section 41A Code of Criminal Procedure notice. The court allowed Aisha's counsel to be present during interrogation.
The Kerala High Court has rejected all the arguments put forth by the administration as well as the central government. HC also said that treason cannot be seen according to the initial understanding. It is doubtful whether the case of treason stand said the court. The court also observed that it was clear that the petitioner had no malicious intent to overthrow the government.
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The use of the word 'Bio-weapon' was to criticise the newly brought changes in Covid Management measures on the island. This is not sufficient to charge treason against someone, the court said. This criticism was not to insult or overthrow the government which was elected legally. It is also not against the national interest if someone speaks against the newly brought measures to contain the virus spread on the island. The court also added that the statements of Aisha are not intended to grow hatred among any particular section of the society.
The court stressed the point, that the cases charged by the prosecution won't stand on the primary view. Aisha is not having any criminal background and it cannot be said that she will run away from legal proceeding, the court added. She is cooperating with the legal proceedings and there is no need to question her in custody. The Covid situation should also be taken into account, said the court. The court also added that even the police is not having any confusion on the matter regarding Aisha going to hiding or bribing the witnesses.
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Aisha has already expressed her regret in front of the court for using the word 'Bio-Weapon'. After considering all these, the court decided to grant anticipatory bail for Aisha. If Aisha is arrested in the case she should be given bail under the condition of submitting 50,000 rupees and a two-person guarantee added HC.
Read: Sedition case: Aisha Sultana appears for interrogation, allowed to leave island
