Bail granted to authors of communally driven poetry : Gauhati HC

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Bail granted to authors of communally driven poetry : Gauhati HC

An FIR has been lodged against a group of poets under sections 120 B, 153 A, 295 A , 188 of Indian Penal Code read with section 66 of the IT Act. It was alleged that these poems are written with the intention of creating communal tensions between the groups in India and were likely to create situations of communal violence in the state of Assam. It was also contended that the poetry portrayed Assamese people xenophobic and a threat to the security of India. It was believed that the poetry was adding fuel in the Assam Citizenship Crisis. The poem was named as “Miya” and was composed by Kazi Sarowar Hussain and was translated into English by Salim M. Hussain.

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The Gauhati High Court consisting of Justice Mir Alfaz Ali observed that it was more of a literacy debate and custodial interrogation by the police is not necessary for the proper investigation of this matter, hence the court granted anticipatory bail to the nice accused poets. The bail was granted after ordering a sum of Rs 20,000 and a surety of like amount. It was also presented that the anticipatory bail given to the petitioners is subjected to two conditions, one being that the petitioners would render their support and facilitate the investigation process and secondly the petitioners will not induce, threaten, or promise anyone to persuade them from deposing falsely or hiding the facts of this case to the court or to any other police officer during the investigation.

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