Free speech fundamental to democracy, says Punjab and Haryana HC; grants bail to farm leader

Saurabh Malik
Tribune News Service
Chandigarh, August 3

Freedom of speech is a fundamental right and makes a foundation for a strong democracy, the Punjab and Haryana High Court said on Tuesday while granting regular bail to farm leader Dalbir Singh.

He had delivered speeches that the State claims were objectionable, especially with regard to Haryana Chief Minister Manohar Lal Khattar. The State’s stand was that the speeches could have resulted in caste-based division and threatened peace and harmony.

Justice Avneesh Jhingan asserted the Court has no occasion to consider the merits of the allegations in detail while dealing with the petitions for grant of regular bail. “Suffice to say that freedom of speech is a fundamental right and makes a foundation for a strong democracy. At this stage must hasten to add that embargo to freedom of speech is prescribed in Article 19 of the Constitution of India itself”.

Dalbir had moved the High Court against the State of Haryana by filing two petitions through senior advocate Randeep Surjewala and counsel R. Kartikeya for regular bail in FIRs registered on February 22, 2017, and May 24 at Sadar police station in Jind.

Claiming the petitioner’s false implication in the case, Surjewala and Kartikeya submitted he was only exercising his fundamental right to protest. “The petitioner has a right to criticize the functioning of the State,” it was added.

The Bench was also told that the petitioner was ready to furnish surety of Rs 2 lakhs each in both the FIRs to meet the apprehension of the State. If enlarged on bail, he would indulge in similar activities and create a law and order problem.

Justice Jhingan added: “The nature of contents of the speeches would be the  subject matter of trial as to whether it was a lawful protest against the policies and working of the government or had a different goal and intention. Be that as it may, the investigation in both the cases is complete”.

Justice Jhingan added the trial’s conclusion was likely to take time. It would not be appropriate to deny personal liberty to the petitioner on mere apprehension of bail misuse. As such, the petitioner was granted bail, subject to furnishing surety/bail bonds of Rs 2 lakhs each in both the FIRs before the Chief Judicial Magistrate/Duty Magistrate concerned.