The Delhi High Court has issued a two-week transit bail to Akash Tanwar, a Delhi resident, who was arrested following a controversial social media post that allegedly incited communal discord concerning the people of Nagaland. Justice Amit Mahajan, in his ruling, stated that the content of the video did not suggest any caste-based discriminatory intent.
Tanwar was taken into custody by the Nagaland Police last November after a case was lodged against him under the Indian Penal Code and the SC/ST Act in Nagaland. His previous request for transit remand was denied by a trial court, which instead granted him a temporary bail of 10 days.
The FIR accused Tanwar of creating and disseminating a video on social media that aimed to incite communal hatred, specifically targeting the people and cultural practices of Nagaland. Tanwar, through his counsel, argued that the registration of the FIR in Nagaland constituted an abuse of legal process, emphasizing that the video was made and posted from Delhi, where he resides.
The court acknowledged the sensitive nature of the allegations, noting that while the post was offensive, there was no evidence to suggest that Tanwar intended to degrade any individual or group based on caste or tribal identity. However, the court refrained from quashing the FIR, allowing Tanwar the liberty to challenge it before the appropriate judicial authorities in Nagaland.
