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Payal Rohatgi sent to 8-day judicial custody
KOTA: The additional chief judicial magistrate (ACJM) court of Bundi sent on Monday actor Payal Rohatgi to jail until December 24.
KOTA: The additional chief judicial magistrate (ACJM) court of Bundi sent on Monday actor Payal Rohatgi to jail until December 24.
Rohatgi was detained in her Ahmedabad house on Sunday, brought to Bundi on Monday and arrested there on charges of posting objectionable content on social media against the Nehru-Gandhi family a few months ago, police said.
The actor applied for anticipatory bail in district and sessions court on December 13 but her plea could not be heard on Saturday and was deferred for hearing to Monday. However, before it could be heard, Bundi police arrested her and produced her before the ACJM’s court.
Rohatgi’s lawyer, Bhupendra Sahay Saxena, sought bail for the actor but the court turned this down and sent her to jail until December 24.
Saxena filed the bail application in sessions court immediately after this. The application will be heard on Tuesday, he said.
The actor’s counsel raised the issue of freedom of expression and questioned Bundi police’s jurisdiction because the video was made in Ahmedabad. “The content of Payal’s video was taken from the excerpts of the book of MO Mathai who was the personal assistant of former Prime Minister Jawahar Lal Nehru. The book is not prohibited,” he said.
Youth Congress state general secretary Charmesh Sharma registered a case against the actor at Sadar police station on October 2 under section 504 (intentional insult with intent to provoke breach of the peace) and 505 (statements conducting to public mischief) of the IPC and section 67 (publishing or transmitting obscene material in electronic form) of the Information and Technology Act.
Sharma charged her with these sections for her posts on her social media accounts on September 6 and September 21.
Charmesh said Rohatgi defamed members of the Nehru-Gandhi family .
Sharma’s counsel Dinesh Pareek protested the bail plea of Rohatgi. Public prosecutor Yogesh Yadav said any person can access social media anywhere so there is no issue of jurisdiction in the case. The accused was unable to produce copy of the book from she claims to have sourced her social media posts, the prosecutor added.
Meanwhile, Opposition parties and activists criticized the state’s Congress government for the actor’s arrest. BJP workers raised slogans in the court premises against the Congress government during the hearing of the bail plea.
ABVP state coordinator Gaurav Sharma said the Congress government has taken action against Rohatgi to appease its political masters. “The arrest shows government’s double standards: it takes no action on people making statements about Veer Savarkar and BJP leaders on social media,” he said.
Later, a delegation of BJP workers gave a memorandum to the additional district magistrate, addressed to the Rajasthan Chief Minister condemning the arrest.
Kota Bar Association vice president Atish Saxena said the action against Rohatgi was politically motivated.
Bundi superintendent of police Mamta Gupta on Sunday justified the arrest of the actor saying she was found guilty of the offence in the police investigation. “She was not turning up to join the investigation despite multiples notices,” the police officer said.
Rohatgi is a former Big Boss participant.
