Amulya Leona, a 19-year-old woman who has been in jail since February 20 for shouting pro Pakistan slogans at an anti-CAA rally, has been granted default bail by a magistrate court since the stipulated period of 90 days of keeping an accused in custody, had passed and no chargesheet had been filed by the police.

Leona was booked under sections 124A (sedition), 153A (Promoting enmity between different groups), 153B (Imputations, assertions prejudicial to national-integration) and 505(2) (Statements creating or promoting enmity, hatred or ill-will between classes) of the Indian Penal Code (IPC).

On February 20, at an anti-CAA protest where All India Majlis-e-Ittehadul Muslimeen (AIMIM) leader Asaduddin Owaisi was present, Leona reportedly got on stage and hailed Pakistan in her speech. She was immediately prevented from speaking any further and allegedly, her subsequent lines hailing India got drowned in the chaos. Owaisi distanced himself and his party from her statement.

Soon after, she was arrested and has been in custody ever since. Her bail was rejected on June 10 by a sessions court judge claiming that she would abscond if released from jail or she may get involved in similar offence which will affect the peace at large. When her lawyers argued that mere sloganeering by itself cannot be an offence and that Pakistan is not an enemy nation, the sessions judge Vidyadhar Shirahatti observed, “It is my opinion that there are no materials to show that Pakistan is or not an enemy country. But the slogans which are alleged to have been used by the petitioner will certainly affect the feelings of public, law, order and public peace.”

A magistrate court, on the same day, granted her default bail under section 167(2) of the CrPC since the stipulated period of 90 days in custody had already elapsed. She was granted bail against a surety of Rs. 1 lakh, and on the condition that she would not influence the witnesses in the case. Under section 167 (2) of the CrPC, the magistrate has no authority to detain the accused in custody beyond the statutory period of 60 or 90 days.

The Wire reported that Leona’s lawyers moved the Magistrate Court on June 2 and soon after, on June 3, the police filed a chargesheet, “The default bail then became a full fledged argument with the prosecution citing High court orders and reasons why Amulya should not be out. After a week- long process, the court, on June 10, finally ordered for her release,” said her lawyer, R. Prasanna. 

After the incident, parents of Leona, a journalism student hailing from Koppa taluka in Chikkamagaluru district, were reportedly threatened by several right wing organisations for issuing statements condemning her act.

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In february this year, Amulya Leona, a student activist, was taken into custody by Bengaluru police after she raised ‘Hindustan Zindabad’ and ‘Pakistan Zindabad’ slogans at an anti-Citizenship Amendment Act (CAA) rally organised by AIMIM chief Asaduddin Owaisi in the city. She had been charged with the offence of sedition and for promoting enmity at the Upparpete police station. On February 20, Public TV telecast a TV show where statements were made allegedly calling for violence against her. Now, a group called Campaign for Ethical Media Reporting in Bangalore has submitted a complaint to the District Level Monitoring Committee for Private Television Channels against Public TV in its endeavour to make news media accountable.

This is a group of concerned activists, parents, lawyers, academicians who are working towards making media more accountable to journalistic standards, ethics and principles. The complaint dated March 12, was aimed at holding HR Ranganathan of Public TV accountable for making statements in violation of the Programme Code in Rule 6 of the Cable Television Network Rules, 1994 in a TV show called ‘Big Bulletin with HR Ranganathan’ that aired on 20th February 2020.

In this show, Ranganathan, while speaking about Leona, made some deeply offensive statements against her and allegedly even gave a call for violence against her. The transcript of what he said has also been provided in the complaint which reads as follows:

“She should have been punched in the face, and her teeth knocked out, right there on the dais. Letting her on it was the mistake. It would have been fine if her teeth had been knocked out. She could have then been chopped up and thrown away.” 

 “Oh, if you bash her head in you won’t find cow – dung there.”

“If she comes out, she should be lynched with cow – dung, wherever she can be seen.  If we hit her will they file cases? Let them file the cases, let us see.”

“If three of them are chopped up and thrown away, the rest will fall into line.”

 “That is why, sometimes, I think it’s better to dispense mob justice/aranya , though it is wrong.”

 “Whether it is being incited or not, the legs of those who get caught should cut off and thrown away.”

 “Their faces should be bashed in, what kind of people are these.”

The deeply offensive video can be viewed at viewer’s discretion at the following link: https://www.youtube.com/watch?v=fhzUuVHVPSw&feature=youtu.be%2C

The complaint states that Ranganathan’s statements amount to incitement of violence and have created an atmosphere of lawlessness and fear. Additionally they amount to a statement conducing to public mischief, and also criminal intimidation. This is being seen as a violation of the Programme Code which states as follows:

“(d) Contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half – truths ; 

(e) is likely to encourage or incite violence or contains anything against maintenance of law and order or which promote anti – national attitudes; 

(i) Criticises, maligns or slanders any individual in person or certain groups, segments of social, public and moral life of the country”

The complaint sought strict action against the news channel in the form of seizure of equipment used for operating the cable television network under Section 11 of the Cable Television Networks (Regulation) Act as well as for violation of the Programme Code requiring Public TV to scroll an apology for a 2 months and suspension of broadcast of Public TV for a period of 2 months. 

The complaint can be read here.

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