Delhi High Court deferred Ajeet Bharti’s plea against the rejection of his anticipatory bail.
The court declined immediate protection from arrest and will hear the matter again on Wednesday.
The case involves alleged caste-based remarks against Chandrashekhar Azad and allegations of abusive and sexually degrading language.
The Delhi High Court on Monday declined to give YouTuber Ajeet Bharti immediate protection from arrest in a case registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, or SC/ST Act, over alleged remarks against parliamentarian and Azad Samaj Party (Kanshi Ram) leader Chandrashekhar Azad.
“Day after tomorrow (Wednesday), we will see,” Justice Saurabh Banerjee said to Bharti’s counsel when he pressed for interim protection from arrest. The court was considering whether to adjourn Bharti’s plea against a lower court order that rejected his anticipatory bail.
The plea was put off to Wednesday because the complete copy of the First Information Report (FIR) was not available. The matter will now be heard on Wednesday.
Lower Court Ruling
The lower court’s September 7 order rejected Bharti’s anticipatory bail. The Delhi High Court took up Bharti’s challenge to that order but deferred the matter because the full FIR copy was not before it.
The lower court held that the language allegedly used in a YouTube video drew on caste hierarchy, caste-based purity and the perceived superiority of “upper” castes over “lower” castes in marriage and lineage. It examined the remarks in the context of protections under the SC/ST Act.
It also held that Bharti’s statement that Azad should make himself “worthy” of marrying an upper-caste woman was a specific caste reference and was prima facie humiliating. On that basis, the court prima facie found Section 3(1)(r) of the SC/ST Act was attracted.
That section deals with intentionally insulting or intimidating a member of an SC/ST community with intent to humiliate in a place within public view. The lower court further held that Section 18 of the SC/ST Act, which restricts anticipatory bail in cases that attract the law, would apply.
The case was filed by Azad Samaj Party (Kanshi Ram) Delhi chief. The complaint accused Bharti of using caste-based and abusive language against Azad and Dalit icon Bhimrao Ambedkar.
The FIR also alleged that Bharti used sexually degrading language against women. It further alleged that he issued threats.
