The Madhya Pradesh High Court recently granted bail to Faizal alias Faizan, a man accused of raising pro-Pakistan slogans in Bhopal, on the condition that he salutes the Indian national flag and chants “Bharat Mata Ki Jai” 21 times on a regular basis. The ruling, delivered by a single bench of Justice DK Paliwal, was aimed at instilling a sense of national pride in the accused.
Faizal, a resident of Raisen district in Madhya Pradesh, was arrested on May 17, 2024, following an FIR lodged against him at Misrod Police Station, Bhopal. He was charged under Section 153B of the Indian Penal Code, which pertains to actions that can create enmity between different groups or threaten the unity of the nation. Faizal was accused of raising slogans in favor of Pakistan, a serious charge that could incite discord in society.
The prosecution’s case included video evidence that reportedly showed Faizal openly shouting slogans supportive of Pakistan, while denouncing India. The incident sparked outrage, and Faizal’s arrest was followed by legal proceedings, where the state’s counsel opposed his bail, arguing that Faizal had a long criminal record with 14 previous cases registered against him.
In a unique ruling, the Madhya Pradesh High Court granted Faizal conditional bail. As part of his bail terms, Faizal will have to appear at his nearest police station on the first and last Tuesday of every month, between 10 AM and 12 PM. During each visit, he must salute the tricolor 21 times and chant “Bharat Mata Ki Jai.” These conditions are to be adhered to until the trial concludes. The court further instructed that these actions should be videographed to ensure compliance.
In addition to the bail conditions, Faizal is required to furnish a personal bond of Rs 50,000, along with one solvent surety of the same amount, to secure his release.
While granting bail, Justice DK Paliwal emphasised that the conditions imposed on Faizal were intended to instill in him a deeper respect for the country in which he was born and raised. The court made it clear that these actions were not merely symbolic but were aimed at fostering a sense of pride and loyalty towards the nation.
The ruling reflects an innovative approach by the court to address cases involving anti-national behavior. It seeks to reform the accused by fostering a sense of national unity and respect for the country’s symbols.
The government counsel, CK Mishra, opposed Faizal’s bail plea, highlighting his extensive criminal record, which includes 14 previous cases. The counsel argued that Faizal’s actions posed a threat to India’s integrity, and he should not be granted bail given the seriousness of the charges. The prosecution contended that Faizal’s support for Pakistan and his denunciation of India were deliberate acts that could incite violence and undermine national harmony.
Moreover, the prosecution presented video evidence in the court that allegedly showed Faizal raising pro-Pakistan slogans. The government lawyer further argued that if Faizal was unhappy in India, he could choose to live in the country he supported instead of indulging in actions that promote disharmony in India.
Faizal’s defense counsel argued that the charges against him were unfounded and that he had been falsely implicated in the case. The defense maintained that Faizal had not committed any action that would justify his prolonged detention. However, the court found merit in the prosecution’s evidence, which included the video showing Faizal’s slogans in support of Pakistan.
Despite the prosecution’s opposition, the court granted bail to Faizal but imposed the aforementioned strict conditions to ensure that he maintains respect for the nation. The court ruled that Faizal would need to report to the Misrod police station twice a month and perform the nationalistic duties of saluting the flag and chanting slogans in support of India.
Justice Paliwal further directed the Bhopal Police Commissioner to ensure that Faizal follows the court’s instructions diligently. The court mandated that each of Faizal’s visits to the police station should be videographed to ensure that he complies with the conditions of the bail.
The Madhya Pradesh High Court’s decision has sparked discussions about judicial innovations aimed at fostering national pride and respect for the country’s symbols. By ordering Faizal to salute the national flag and chant “Bharat Mata Ki Jai,” the court is using a rehabilitative approach to address the issue of anti-national slogans. This case also highlights the judiciary’s role in balancing individual rights with the need to uphold national unity and integrity.
