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