Lakshadweep Filmmaker Aisha Sulthana Approaches Kerala HC For Pre-Arrest Bail: Says Criticism On Political Matters Not Sedition

WHAT WAS THE CASE

• Filmmaker Aisha Sulthana made remarks about the Government using ‘bio-weapons’ during a channel discussion.
• This led to a BJP worker filing a complaint against her.
• She has given an explanation on social media and has offered an apology.
• Senior Advocate P Vijayabhanu is expected to represent Sulthana in this case.

WHAT WERE THE CHARGES

• An FIR has been registered under Section 124 A which deals with sedition and Section 153 B which deals with acts done against national integration.
• The filmmaker has been issued a notice under Section 41 A CrPC asking her to appear for the case investigation.
• A bail application under Section 438 of the CrPC has also been filed.

WHAT WAS THE PLEA

• Aisha Sulthana has approached the Kerala HC for grant of an anticipatory bail.
• She contends that the ‘bio-weapon’ remark was referring to criticising the administration’s move to loosen COVID protocols.
• As held in the Kedarnath case, mere criticism of the Government is not equivalent to sedition as there was no element that would incite violence.
• The remarks were aimed at the reforms introduced and not to create violence and unrest.

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