Released on bail
Source: The Sangai Express

Imphal, November 26 2018: Kishorchand Wangkhem alias Wangthoi was released on a PR bond of Rs 70,000 along with a surety of the same amount after he was produced before the Court of Chief Judicial Magistrate Imphal West today which ruled that the offence under section 124-A IPC is not attracted at all by the video clip uploaded by the individual on social media.

Kishorchand Wangkhem was produced before the Court of Chief Judicial Magistrate Imphal West by the IO of the case along with a prayer for remanding him to judicial custody while Kishorchand's defense counsel filed a remand objection along with a bail application praying for releasing him on bail.

Kishorchand was charged with posting video clips on his social media timeline which were allegedly seditious and were meant to invite hatred or contempt against the Government establishment by using vulgar words and sentences under section 124-A/294/500 IPC.

The Court went through the materials of the prosecution and concluded that the accused had made videos and posted them on his timeline using derogatory words against the Chief Minister of Manipur calling him as an agent of the Prime Minister, apart from using many vulgar words and that the said video appeared to be made regarding the birth anniversary of Rani Laxmi Bai of Jhansi where the Chief Minister had given a speech.

The Court remarked that the materials show that Kishorchand had expressed his opinion through very undiplomatic words, terms and gesture.

However, the Court did not find the said words, terms and gestures and the context in which they are used and the comment made by the accused person to be seditious which can attract offence under section 124-A IPC, it added.

The Court decided that it appears to be mere expression of opinion against the public conduct of a public figure in a street language and it does not appear intended to create enmity between different of groups of people or community nor does it appear to be one which attempts to bring hatred, contempt, dissatisfaction against the Government of India or the State.

It is mere expression of opinion against the Prime Minister and the Chief Minister, which cannot be equated with an attack to invite people for violence against the Governments to topple them, the Court mentioned.

Taking view of the Supreme Court in Kedar Nath case, the Court continued that in giving the speech, the accused transgressed beyond decent human conduct but it cannot be termed seditious and the Government, specially its functionary like Prime Minister or Chief Minister cannot be so sensitive as to take offence upon expression of opinion by its citizen which may be given nicely by using proper words or indecently by using some vulgar terms.

The Court further decided that offence under section 124-A IPC is not attracted at all by the video made and published by the accused in social media and the offence under 294/500 IPC are bailable offence.

As such, there are no reasons for remanding the accused to judicial custody as prayed by 10, the Court announced.

The Court then released Kishorchand by executing a PR bond of Rs 70,000 with a surety of the same amount.

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