Court reserves order on bail plea of couple for Tuesday
Racial slurs at NE women: Accused were arrested on Feb 25
A Delhi court on Monday reserved its order on the bail plea of a couple accused of hurling racial slurs at their neighbours from Arunachal Pradesh and Manipur.
Additional Sessions Judge Samar Vishal heard arguments from both sides and reserved the order for Tuesday.
The accused, Harsh Priya Singh and Ruby Jain, were arrested on February 25 for allegedly making racist remarks against three North-East women in Malviya Nagar.
During the hearing, counsel for the accused, advocate Gaurav, argued that the incident stemmed from a spontaneous dispute between neighbours during which both sides used objectionable language. He contended that the case did not amount to racial discrimination. Therefore, it did not attract provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
According to the defence, the accused were unaware that the complainants belonged to a Scheduled Tribe and had not used language specifically targeting their tribal identity. He further argued that the altercation took place inside their rented accommodation, which cannot be considered a “public place” — a key requirement for invoking Section 3 of the SC/ST Act.
The defence also said the Police Control Room (PCR) call was made by the accused themselves, claiming they too felt threatened by the complainants’ remarks.
Gaurav submitted that the police had already seized all relevant evidence and that the accused had cooperated with the investigation before their arrest, eliminating the need for further custodial interrogation.
He also argued that Section 196 of the Bharatiya Nyaya Sanhita (promoting enmity between different groups) should not apply, claiming that the complainants themselves circulated the video of the incident on social media, which led to its wider dissemination.
The defence additionally sought bail for Ruby Jain on medical grounds, stating that her health had deteriorated in custody due to interrupted treatment. While details of the illness were not disclosed, the counsel urged the court to consider the provisions for granting bail to women in non-bailable offences under Section 480 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). He also suggested that her medical condition may affect her mood and behaviour.
The case relates to an altercation on February 20 between the couple and the three women over debris left behind during the installation of an air-conditioner at their rented accommodation.
Following the incident, the Delhi Police registered an FIR initially under provisions of the Bharatiya Nyaya Sanhita for criminal intimidation, insulting the modesty of a woman and promoting enmity between groups. Subsequently, provisions of the SC/ST (Prevention of Atrocities) Act were also invoked against the accused.
