The Delhi High Court, on Tuesday, March 7, granted transit anticipatory bail to BJP Spokesperson Prashant Kumar Umrao, after the Tamil Nadu police booked him under various sections of the Indian Penal Code (IPC) for allegedly spreading false information by tweeting about attacks on migrant workers in Tamil Nadu. His bail period is till March 20.
On February 23, Umrao had tweeted that 15 migrant workers were found hanging inside a room for speaking Hindi in Tamil Nadu, and that 12 among them were dead. His tweet read: “15 people of Bihar were hanged in a room in Tamil Nadu for speaking Hindi and 12 have sadly died. After that, Tejaswi Yadav shamelessly celebrated birthday party with Stalin in Tamil Nadu.” The incidents mentioned in Umrao’s tweet were later verified by fact-checking agencies as pertaining to a different time period. Following this, the Thoothukudi police booked Umrao for spreading wrong information under Sections 153 (wantonly giving provocation with intent to cause riot), 153A, 504 (intentional insult to provoke breach of the peace), and 505 (statements conducing to public mischief) of the IPC.
He then approached the Delhi High Court for anticipatory bail, claiming that he did not commit any of the offences mentioned and that he was a victim of fake news. He said that he had shared the tweets placing trust in news agencies and that he did not have any intention to commit any crime. In his bail application, he said that in order for him to approach the concerned court in Tamil Nadu where the case has been registered against him, the court must grant him a transit anticipatory bail so that he is not arrested before he can pursue legal remedies. While Umrao sought bail for 12 weeks, Justice Jasmeet Singh of the Delhi HC dismissed it as a ‘luxury’ and granted him transit anticipatory bail till March 20.
Meanwhile, Sanjay Hegde, Senior Counsel appearing for the Tamil Nadu government, said that the BJP spokesperson from Uttar Pradesh has a habit of making such unsubstantiated allegations and inflammatory tweets. “He has a history of making tweets that incite violence. He is standing counsel for Goa. He is a man of some standing. Freedom of speech does not mean you light fire to a crowded theater. He has a continual record of making such tweets and then deleting it without even a clarification," Hegde said.
To this, Justice Jasmeet Singh, the single-judge hearing the case, replied, "I will only see that he gets a proper redressal. I will only ensure that he gets access to justice”. Directing Umrao to share his phone number with the Tamil Nadu police, the court observed, "I am of the view that he be given reasonable time. The applicant is granted transit anticipatory bail till March 20. The applicant should share his contact number with the counsel for Tamil Nadu."