The Kerala high court granted filmmaker Aisha Sultana interim anticipatory bail on Thursday. She had been charged with sedition by the Lakshadweep police for her comments on television about the management of the Union territory's healthcare system by its administrator, Praful Patel.
A single-judge bench comprising justice Ashok Menon also directed the filmmaker to appear before the Kavaratti police for interrogation in connection with the case on 20 June. However, in the event of her arrest, she will have to be released on bail for one week, as per the court's orders. The high court has reserved final orders on her bail application.
According to the legal website LiveLaw.in, senior advocate P Vijayabhanu, who appeared for Aisha, pleaded that her 'bioweapon' remark against Patel should not be construed literally. The senior counsel claimed that the remark was made in 'the heat of the moment' during a channel debate and admitted a 'lapse' in judgement. Vijayabhanu stated that Aisha had issued an apology for the remark after the debate.
Vijayabhanu cites the recent Supreme Court judgment in 'Vinod Dua' case and submits that the ingredients of Section 124A are not made out. Merely because strong words of criticism are used, it won't become sedition.#AishaSulthana #Lakshadweep #KeralaHC
— Live Law (@LiveLawIndia) June 17, 2021
Standing counsel for the Lakshadweep administration S Manu argued that the remarks had the ability to create disaffection among the island's inhabitants. LiveLaw.in quoted S Manu as saying, "She made a "powerful, noxious" assertion against the government of India. This has been made in the context of protests in Lakshadweep against the new regulations."
Lakshadweep counsel : She made a "powerful, noxious" assertion against the Govt of India. This has been made in the context of protests in Lakshadweep against the new regulations.#AishaSulthana #Lakshadweep #KeralaHC
— Live Law (@LiveLawIndia) June 17, 2021
The filmmaker was booked for sedition and hate speech under the Indian Penal Code on 11 June on the basis of a complaint by C Abdul Khader Haji, the Lakshadweep unit head of the Bharatiya Janata Party.