Criticising govt not waging war: Pune court grants bail to NCP (SP) leader

A court in Pune has granted bail to NCP (SP) office-bearer Mahadev Balgude, saying that criticism of the government or the chief minister, by itself, cannot be treated as "waging war" against the nation.

Additional Sessions Judge B D Kulkarni said every citizen has the right to comment on, compliment and criticise the government’s actions while allowing the bail plea of Balgude, the state head of the social media wing of the Sharad Pawar-led NCP (SP).

Balgude was arrested in April on charges of circulating morphed photographs of Maharashtra Chief Minister Devendra Fadnavis on social media and posting content allegedly sympathetic to Naxalites.

Among other sections, he was booked under Section 152 of the Bharatiya Nyaya Sanhita, which deals with purposely or knowingly endangering the sovereignty, unity and integrity of India.

The court noted that the case papers showed that the applicant had questioned the investigation process in certain cases and the functioning of government schemes, which it said fell within the realm of public discourse.

"Nothing on record suggests that the accused has declared or incited waging war against the State or committed any act endangering the sovereignty, unity and integrity of India," the court observed.

The judge said the applicability of BNS Section 152 in the present case was "debatable" and noted that the remaining offences invoked against the accused were bailable.

The court also said the investigation was over, the chargesheet had been filed, and no further custodial interrogation of the accused was required.

While granting bail, the court directed Balgude to execute a personal bond of Rs 25,000 with one or two sureties.

It also asked him not to tamper with evidence or influence witnesses, to furnish his residential address and mobile number to the investigating officer, and not to leave the country without prior permission of the court.

Balgude’s lawyer Sameer Shaikh argued that the case was politically motivated and that criticism of the government was protected under the fundamental right to freedom of speech and expression.

He said the investigation had been completed and there was nothing further to be recovered from the accused. The prosecution opposed the plea, saying the accused had used objectionable language in social media posts and committed offences against the State.

The court’s order granting bail rested on its view that criticism of the government was part of public discourse, that the charge under Section 152 was open to debate, and that the investigation in the case had already been completed.