A classes court docket right here on Tuesday ( rejected an anticipatory bail utility filed by Mumbai-based filmmaker Avinash Das in a case the place he’s accused of sharing photographs on social media to tarnish the picture of Union Residence Minister Amit Shah and insulting the nationwide flag. Further Classes Decide D D Thakkar rejected Das’s pre-arrest bail plea in reference to an FIR lodged towards him by the town cyber crime department in Might.
Das had allegedly shared an image on Instagram on March 17, and one other on Twitter on Might 8. The photograph shared on Twitter purportedly confirmed Union minister Shah with the arrested IAS officer Puja Singhal.
The crime department claimed that it was achieved with the intention to create misunderstanding amongst folks and tarnish Shah’s picture. A First Data Report was registered towards Das beneath IPC part 469 (forgery) and likewise beneath the Prevention of Insult to the Nationwide Honour Act and Data Know-how Act.
Rejecting Das’s plea, the court docket noticed that it appeared that Shah’s photograph was shared with the intention of defaming him and tarnishing his picture, and it clearly recommended “mens rea” (intention/data of wrongdoing). Sharing a photograph of a lady with the tricolour confirmed “psychological perverseness,” it stated. Being a filmmaker, it was the prime responsibility of the applicant to keep up the dignity of the nation and provides respect to the nationwide flag in addition to the Union Residence Minister, the court docket added.
Das’s lawyer argued that Shah’s photograph with Singhal was taken from an internet hyperlink and circulated by others and never his consumer. As to the photograph of a lady sporting tricolour, he argued that it was not obscene as claimed.
No case was made out beneath part 469 of IPC for forgery, the lawyer argued additional. Opposing the plea, the general public prosecutor stated the accused was issued three notices to this point and a discover was additionally served to his spouse, however he didn’t cooperate with the investigation. The Bombay Excessive Courtroom had not too long ago rejected Das’s transit anticipatory bail plea.
Singhal, the Jharkhand mining secretary, was not too long ago arrested by the Enforcement Directorate in a cash laundering case. Das had directed the 2017 movie “Anaarkali Of Aarah” starring Swara Bhaskar, Sanjay Mishra and Pankaj Tripathi.