MSAD advisor released on bail
Pothashang News Service: Imphal, February 19, 2019: Advisor of Manipur Students’ Association Delhi, Thokchom Veewon, 23 resident of Lamlai Manung Mayai Leikai who was arrested by a joint team of Delhi Police and Imphal East on February 16 from his rented house at New Delhi on charge of sedation for posting comments on his facebook account was released on bail by the Chief Judicial Magistrate, Imphal East.
He was released today after court find him no prima facie evidence of seditious offence.
Veewon was arrested under 124(A) added with section 135A/353 of IPC for uploading facebook post which states, “Indefinite curfew imposed in Manipur, Internet banned for 5 days. All cable network asked not to cover any speech or footage of the protest. High possibility that CAB will be passed today at Rajya Sabaha. Manipur once burned down the State Assembly in 2001. Self-determination the only way forward”.
After he was arrested on February 16 from his rented house at B 57/1 Paryavaran Complex Saket, IGNOU Road New Delhi he was produced before the CMM, South Saket Court New Delhi on February 17.
The officials of Imphal East police after obtaining a transit remand from the said Court at South Saket Court New Delhi, he brought to Imphal Airport and produced before the Chief Judicial Magistrate, Imphal East this afternoon.
Soon after Veewon was produced before the said Court his Counsels and others filed application for discharging Veewon from the alleged offence.
Additional public prosecutor for the state submitted that the police custody of Veewon is highly required for investigation, however due to initial stage of the investigation, there is no concrete material against him, the court order said.
And Counsels of the Veewon objected remand prayer on the ground that Court has no jurisdiction as alleged accused is residence of Delhi and alleged facebook post was stated to be uploaded in Delhi, mentioned the court order.
The police came in plain cloths, they did not identify themselves and also no arrest memo was given at the time of arrest, they also failed to inform the family members of the alleged accused.
They further submitted that no offence has been committed, even if the alleged accused admits uploading the said facebook post, no offence is made out.
The Court on being heard of submission from both counsels it was observed that, it is not stated anywhere the alleged accused committed any other act apart from the said act. It is also not the case that any offence has been committed besides the posting of the said facebook post. Grant of police custody cannot be conducted in routine manner, remand prayer is allowed there exist a well founded accusation for commission of tan offence. There has to be a prima facie case that offence has been committed, the court observed.
The facebook post as mentioned above cannot be stated to bring into hatred or contempt, or excite or attempt to excite disaffection towards the government established by law and Court do not find the above mentioned facebook post to be prima facie seditious, said the court order.
The Court granted bail to Veewon on his furnishing PR bond of Rs.30,000 and surety of like amount on the condition that, he shall attend in accordance of the bond executed by him, he shall not commit an offence similar to the one he is accused of, he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court to the police officer or tamper with evidence.