YouTuber Ajeet Bharti has moved the Patiala House Court in Delhi for anticipatory bail after an FIR was registered against him under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.
Additional Sessions Judge Saurabh Pratap Singh Laler heard the plea on Tuesday. Appearing for Bharti, advocates Jai Anant Dehadrai and Pratyush Prasanna contended that the allegations in the case do not, on their face, constitute an offence under the SC/ST Act.
Dehadrai further told the Court that the investigating agency had not served Bharti with a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The provision requires police to issue a written notice requiring an accused to appear when arrest is not immediately necessary.
The Court, after a brief hearing, directed that if the investigating officer serves such a notice, a copy must also be submitted before it. The purpose, the Court said, would be to verify the date of the notice and assess whether there was prima facie satisfaction that the ingredients of an offence under the SC/ST (POA) Act were present.
The Court observed, “In the event such notice is issued by the Investigating Officer, a copy thereof shall be placed by the IO on record of this Court, so that the Court may examine the date of issuance of the notice and the prima facie satisfaction regarding the ingredients of the offence under the SC/ST (POA) Act, to dispose of this application.”
The investigating officer has been summoned, and notice has been issued to the police on the bail plea. The matter has been posted for August 31 for further arguments.
FIR follows complaint over social media video
The FIR was registered on August 23 at Delhi’s North Avenue Police Station. Apart from the SC/ST Act, the police have invoked Section 67 of the Information Technology Act and Sections 196(1)(c) and 351(3) of the Bharatiya Nyaya Sanhita (BNS).
The complaint was lodged by Balakram Bauddh, Delhi State President of the Azad Samaj Party (Kanshi Ram), over a video uploaded by Bharti titled “SB79: Reservation Hatao Andolan Nautanki & More | Saptahik Bakaiti”.
The complaint alleges that Bharti used caste-based and abusive language and made objectionable comments about Azad Samaj Party chief Chandrashekhar Azad, popularly known as ‘Ravan’, and Dr BR Ambedkar. It also accuses him of making sexually derogatory remarks about women and issuing threats.
Bharti, however, has defended his comments publicly. He has claimed that his remarks came in response to a derogatory comment directed at his mother and sister on one of his videos.
The Court has not yet adjudicated the allegations against Bharti. His anticipatory bail plea will be considered further after the police file their response and the investigating officer places the relevant material before the Court.
