The Delhi High Court on Tuesday granted transit anticipatory bail to Uttar Pradesh's BJP spokesperson Prashant Umrao till March 20, 2023, in an FIR recently lodged by Tamil Nadu Police against him for allegedly posting a "fake" video about the 'attack' on Bihar migrants in Tamil Nadu.
The bench of Justice Jasmeet Singh while granting transit anticipatory bail, noted that the applicant required reasonable time to reach the territorial jurisdictional case. Court also directed applicant Prashant Umrao to provide his contact number and Google location to Tamil Nadu Police.
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Advocate Kaushal Kumar representing the applicant stated that the applicant is a member of the Bar and Standing Counsel of Goa and needs time to enable the Petitioner to approach a competent territorial jurisdictional Court.
Appearing for Tamil Nadu Police, Senior Advocate Sanjay Hegde submitted that Freedom of speech does not mean he lit fire to a crowded theatre.
Mr. Hegde further submitted that he has a record of making such tweets and then deleting it without clarification.
Prashant Umrao Patel, BJP's Spokesperson of Uttar Pradesh, on Monday moved Delhi High Court with an application under Section 438 of CrPC seeking transit anticipatory bail in the matter arising out of the FIR bearing Crime registered at police station Thoothukudi Central, Tamil Nadu under Sections 153/153(A)/504/505 of the Indian Penal Code, 1860 against him in the State of Tamil Nadu.
The applicant stated that the FIR has been wrongly registered against him in response to certain tweets which he had posted on the social media platform 'Twitter' based upon the news covered by national news agencies.
Prashant Patel further stated that he only gained knowledge of the said FIR through a Press Release of the Tamil Nadu Police and several news articles which have been recently published covering the action initiated by the State of Tamil Nadu in response to similar tweets and news articles.
Mr. Patel further submitted that on March 4, 2023, Tamil Nadu through the Director General of Police, Tamil Nadu has published a Press Release wherein it has informed that action is being taken against people who published certain information relating to migrant labourers being attached in Tamil Nadu and a case has been registered against the Applicant under Sections 153, 153(A), 504, and 505 of the IPC.
The State of Tamil Nadu has also informed that special teams have been formed under the orders of the Director General of Police, Tamil Nadu to arrest certain persons including the applicant.
The applicant/Prashant Patel is a resident of the NCT of Delhi and is a practising lawyer before the Courts in Delhi. The applicant is a member of the Delhi High Court Bar Association.
The applicant is also serving as Standing Counsel for the State of Goa before the Supreme Court, stated the plea.
