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Kerala High Court, in its judgment today, allowed application of Anticipatory Bail by film director and actor Ayesha Sulthana, accused of offences under Section 124-A and 153-B IPC.

Justice Ashok Menon, while allowing the application observed,

“In the instant case, the applicant has opposed the newly introduced reforms by the Administrator and has sworn allegiance to the people of Lakshadweep in their protest to the reforms. There is no apparent indication in her statement, which amounts to imputations or assertions prejudicial to the national interest, nor does it propagate any class of persons against another group of persons. It is therefore doubtful whether the penal provisions of S.153-A would be attracted in this case.”

A written complaint was lodged by Sri Abdul Khader, State President BJP to the District Collector Lakshadweep as per which, in a channel discussion on Media One, the applicant made serious allegations about the Central Government using “Biological Weapon” against the people of the island.

It is alleged that the applicant, Ms. Sulthana, in the course of discussion, said:

“Is it because the Centre has fostered the Lakshadweep with special care that the place has turned from a zero Covid area to a situation where now over, hundred cases of Covid reported every day. They have used 'bio weapon', and I can be clear about that when I say that what has been used is a 'bio weapon' and that is why a place where there was zero Covid has been used for that. If there was an attempt to spread Covid into a place where there was no Covid at all, it is undoubtedly, bio weapon.”

Case of the prosecution was that by making such a statement, the applicant had accused the Central Government of using bio weapon against its own citizens residing in Lakshadweep.

It was noted by the bench that, the applicant did not have any malicious motive to subvert the Government established by law by merely using the strong word 'bio weapon'. In fact, her intention was to criticise the modification of SOP, introduced by the Administrator, forgoing the mandatory provision of subjecting the persons entering the island to quarantine.

Court also reiterated Bail Jurisprudence citing Niranjan Singh v. Prabhakar Kharote, 1980 CriLJ 426, Vaman Narain Case.

Landmark Case of Kedar Nath and recent judgment in Vinod Dua v. Union of India, was further relied.

Case Title: Aysha Sulthana v. Union Territory of Lakshadweep