A Delhi court on Monday rejected the anticipatory bail plea filed by YouTuber and commentator Ajeet Bharti in a case registered against him under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (SC/ST Act).
Additional Sessions Judge Saurabh Pratap Singh Laler of Patiala House Court passed the order. Bharti is facing an FIR registered at North Avenue Police Station on August 23 under provisions of the SC/ST Act, Section 67 of the Information Technology Act and Sections 196(1)(c) and 351(3) of the Bharatiya Nyaya Sanhita (BNS).
The case arose from a complaint filed by Balakram Bauddh, Delhi State President of the Azad Samaj Party (Kanshi Ram), concerning a video titled “SB79: Reservation Hatao Andolan Nautanki & More | Saptahik Bakaiti” published on Bharti’s social media handle.
According to the complaint, Bharti allegedly used caste-based and abusive language, made objectionable remarks concerning Azad Samaj Party leader Chandrashekhar Azad, popularly known as ‘Ravan’, and Dr BR Ambedkar, used sexually derogatory language against women and issued threats.
Opposing the allegations, Bharti’s counsel, Advocate Jai Anant Dehadrai, submitted that the remarks were made in response to what he described as a “grave provocation” by a person who allegedly commented that Bharti’s married sister should marry Chandrashekhar Azad.
The counsel argued that Bharti had not abused any caste or community and that his remarks were directed only at the individual who allegedly made the comment about his sister.
Dehadrai also denied that Bharti had made derogatory remarks against Ambedkar, submitting that his references to him were made “with the deepest respect”.
He further relied on several judicial precedents to argue that the ingredients of an offence under the SC/ST Act were not made out.
The Delhi Police, meanwhile, submitted that Bharti need not apprehend arrest merely because an FIR had been registered against him.
The court, however, rejected the anticipatory bail plea. The detailed reasons for the decision will be clear once the order is released.
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