Image Courtesy: newstrailindia.com
Kannada actor and activist Chetan Kumar (39) aka Chetan Ahimsa was granted bail by a Bengaluru Court on Friday. Kumar had been arrested six days ago in relation to a case filed against him for tweeting against Justice Krishna Dixit of the Karnataka High Court, who is part of the Bench hearing the hijab case. Kumar had posted how the judge had allegedly made “disturbing comments” about rape in a 2020 order, where he had allegedly questioned the “behaviour” of the woman who had alleged rape.
“The explanation offered by her that after the perpetration of the act she was tired and fell asleep is unbecoming of an Indian woman,” the judge had allegedly observed, adding that it was “not the way our women react when they are ravished.” This comment is deeply problematic to say the least. Kumar had merely stated that he was reposting a two year old tweet, where he had written about when “Justice Krishna Dixit made such disturbing comments in a rape case” and asked if the same judge “determining whether hijabs are acceptable or not in gov’t schools” will have “the clarity required?” According to Bar and Bench Justice Dixit’s words had then been met with “a huge public outcry,” and the remarks were later expunged from the order.
While granting Kumar bail on Friday, February 25 a magistrate court has directed him to furnish a personal bond of Rs 1 lakh and two sureties of Rs 1 lakh each. According to news reports the bail order states, “The accused shall not commit an offence similar to the offence of which he is accused. He shall not make, publish, post, or circulate any derogatory/provocative statements in any manner so as to disturb communal harmony and public peace.” Kumar has also been told to attend all dates of hearing.
Discrepancies in arrest procedure?
He had been called for questioning by the Sheshadripuram police from his home on Tuesday, February 23 and subsequently arrested. According to The News Minute, his wife Megha had raised the issue of his disappearance, as she was not informed of his whereabouts. The police eventually issued a statement saying that the actor had been arrested over a tweet that he posted on February 16 and booked under a suo motu case. He was arrested under the Indian Penal Code’s Sections 505 (2) (statements conducing to public mischief) and 504 (intentional insult to provoke breach of the peace). According to news reports, “the prosecutor for the state had argued against bail for the actor, claiming that he would create communal hatred if released.”
However, according to TNM Chetan’s advocate S Balan, “There were discrepancies in the arrest procedure,” and he reportedly criticised the police for “not preparing an arrest memo, nor taking Chetan’s wife’s signature at the time of arrest, and for keeping him at an undisclosed location,” all of which are violations under the guidelines for arrest issued by the Supreme Court in the DK Basu vs State of West Bengal case, added the report.
Related:
Karnataka: Chetan Kumar turns 39 behind bars, was jailed for asking a question
First they came for the hijab, then they came for the turban; what is next on the list?
How a state suffocated by Saffron got a new breath from Blue
Hijab Ban: Identity politics or body policing?