ORDER

Date : 17-07-2019 Heard Mr. A. Borbora, learned senior counsel for the petitioners and Mr. NJ Dutta, learned Public Prosecutor, Assam, for the State/respondent.

By this application under section 438 Cr.P.C., the petitioners, namely, (1) Dr. Hafiz Uddin Ahmed, (2) Rehna Sultana, (3) Abdur Rahim, (4) Ashraful Hussain, (5) Abdul Kalam Azad, (6) Kazi Sharowar Hussain, (7) Md. Shalim Muqtadir Hussain, (8) Karishma Hazarika and (9) Forhad Bhuyan have prayed for pre-arrest bail apprehending arrest in connection with Panbazar P.S. Case No. 479/2019 under sections

120(B)/153(A)/295(A)/188 IPC read with section 66 of the IT Act.

Learned senior counsel, Mr. Borbora submits that the FIR does not disclose any offence. At best it can be an issue of literary debate on the ideas and feelings intended to be expressed by the author. The informant lodged an FIR alleging that a “Miya Poetry” written by one Kazi Neil @ Kazi Sarowar Hussain and translated in English by Salim M. Hussain has gone viral in the social media, by which Assamese people is sought to be projected as Xenophobic in the eyes of the whole world which is a threat to the security of the nation in general and Assam in particular. It has been alleged that the said poetry is also contemptuous and the same is also likely to create communal violence in the state. The grievance of the informant is basically against the following literary works as quoted in the FIR :-

“ Write down I am a Miya My serial number in the NRC is 20,543 I have two children Another is coming next summer Will you hate him as you hate me Write, Write down I am a Miya A citizen of a democratic secular republic without any rights.

My mother is a D-voter.

Though her parents are Indian.

Write, Write I am a Miya of the Brahmaputra Your torture has burnt my body black Reddened my eyes with fire Write I am a miya”

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“The land that makes my father an alien That kills my brother with bullets My sister with gang-rape The land where my mother stokes in heart live burning coals.”

The averment made in the FIR appears to be nothing more than a personal understanding, analysis and perception of the informant regarding the aforementioned literary works (poetry). Be that as it may, having regard to submission of the learned counsel for the petitioners and the nature of allegations, this Court is of the view that custodial interrogation of the petitioners is not necessary for the investigation of the present case, and as such, this appears to be a fit case for extending the benefit of pre-arrest bail to the petitioners. Therefore, the prayer for pre-arrest bail deserves to be allowed. It is hereby provided, that in the event of arrest of the petitioners afore-named in connection with the aforementioned case, they shall be released on bail of Rs. 20,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority. This pre-arrest bail shall be subject to the following terms and conditions :-

i) The petitioners shall co-operate with the investigation. (ii) The petitioners 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 or to any police officer.

Petition stand disposed of.

JUDGE Comparing Assistant