Pune Court Grants Bail to NCP (SP) Leader, Says Criticising Government Is Not Waging War

A Pune court has granted bail to NCP (Sharad Pawar faction) social media wing chief Mahadev Balgude, observing that merely criticising the government or the chief minister cannot be equated with "waging war" against the nation.

The court made the observation while hearing Balgude's bail plea in a case involving alleged circulation of morphed images of Maharashtra Chief Minister Devendra Fadnavis and social media posts allegedly sympathetic to Naxalite ideology.

Court says criticism is part of democracy

Additional Sessions Judge B.D. Kulkarni said every citizen has the democratic right to comment on, appreciate or criticise the actions of the government.

The court observed that criticism of government functioning, public schemes or the investigation process falls within the scope of public discourse and cannot automatically be treated as an offence against the State.

Section 152 applicability 'debatable'

Mahadev Balgude was arrested in April under multiple provisions, including Section 152 of the Bharatiya Nyaya Sanhita (BNS), which relates to acts endangering the sovereignty, unity and integrity of India.

However, the court noted that the applicability of Section 152 in the present case was "debatable."

According to the order, the material placed before the court did not indicate that the accused had declared, incited or attempted to wage war against the State.

The judge further observed that the remaining offences invoked against Balgude were bailable in nature.

Investigation completed, no custodial interrogation needed

While granting bail, the court noted that the investigation had already been completed and the chargesheet had been filed.

Since no further custodial interrogation was required, the court held that continued detention was unnecessary.

Balgude has been directed to:

• Furnish a personal bond of Rs 25,000 with one or two sureties.
• Cooperate with the investigation.
• Avoid influencing witnesses or tampering with evidence.
• Submit his residential address and mobile number to the investigating officer.
• Not leave the country without prior court permission.

Defence calls case politically motivated

Appearing for Balgude, advocate Sameer Shaikh argued that the case was politically motivated.

The defence maintained that criticism of the government is protected under the constitutional right to freedom of speech and expression, adding that the investigation had concluded and nothing remained to be recovered from the accused.

The prosecution opposed the bail application, alleging that Balgude used objectionable language on social media and committed offences against the State.

Court reiterates importance of public discourse

In its order, the Pune court emphasised that criticism of the government is an integral part of democratic public discourse.

The court's decision was based on the completion of the investigation, the absence of any requirement for further custodial interrogation and its prima facie view that the allegations did not establish the offence of waging war against the nation.

Key Highlights

• Pune court granted bail to NCP (SP) leader Mahadev Balgude.
• Court observed that criticism of the government alone does not amount to waging war.
• Judge termed the applicability of BNS Section 152 in the case as "debatable."
• Investigation has been completed and the chargesheet has already been filed.
• Balgude was arrested over alleged morphed images of CM Devendra Fadnavis and social media posts.
• Court imposed standard bail conditions, including a Rs 25,000 personal bond.

FAQs

Why was Mahadev Balgude arrested?

He was arrested in April over allegations of sharing morphed images of Maharashtra Chief Minister Devendra Fadnavis and posting content allegedly sympathetic to Naxalites on social media.

What did the Pune court say?

The court observed that criticism of the government or chief minister, by itself, cannot be treated as "waging war" against the nation and forms part of democratic public discourse.

What is BNS Section 152?

Section 152 of the Bharatiya Nyaya Sanhita deals with acts that knowingly endanger the sovereignty, unity and integrity of India.

Why was bail granted?

The court noted that the investigation was complete, the chargesheet had been filed, no further custodial interrogation was required, and the applicability of Section 152 was open to debate.

What conditions were imposed?

The court directed Balgude to furnish a Rs 25,000 bond, avoid tampering with evidence or influencing witnesses, cooperate with the investigation and not leave India without court permission.