‘Tolerance need of time’: Jamia shooter denied bail

The court observed that religious tolerance was the need of the time and not intolerance.

A Gurugram court on Thursday dismissed the bail plea of 19-year-old Gopal Sharma, who was arrested on July 12 for making provocative comments against Muslims at a mahapanchayat in Pataudi on July 4.

Gopal earlier grabbed headlines when he brandished a gun during an anti-CAA protest, even firing at protesters in Delhi’s Jamia area in January last year. (REUTERS)

The civil judge of Pataudi, Mohd. Sageer, observed that the rights of the accused to his personal liberty could not be preferred against the right of the society to live peacefully in communal harmony.

“The act of the accused that is hate speech instigating abduction and the killing of girls and persons of a particular religious community is itself a form of violence and such people and their inflammatory speeches are obstacles to the growth of a true democratic spirit,” the court said.

It added: “Religious tolerance is the need of the time and not intolerance. It is necessary for individuals within the society to get along, especially when a variety of cultures and the people with different religious beliefs live in one community or nation.”

Kulbhushan Bhardwaj, counsel for Sharma, said his client has been made a scapegoat in this case. “My client attended the mahapanchayat but did not organise it. Those who did had not even taken permission for the same but no action was taken against them. Before he addressed the crowd, there were several other orators who used very offensive language and hate speech but only my client was booked and arrested. He has no political connection and is not even powerful unlike others.”

The counsel argued that Sharma got carried away by the charged atmosphere and said what he did.

The counsel for the state, however, argued that Sharma voluntarily participated in the event and can be seen in the video clip instigating the mob in the name of religion. “Sharma can interfere in a free and fair investigation and can threaten and put pressure upon the complainant and other witnesses, even flee from the trial if bail is granted,” said counsel SP Gothwal.

“These kinds of incidents have become very common nowadays and the common man is under constant threat of violence in the name of religion, caste, etc. This incident cannot be seen only with respect to a young man’s religious intolerance, rather it is far more serious and has dangerous hidden consequences. If such people are allowed to move freely and to indulge in such kinds of activities, the very existence of communal harmony may be disturbed and that will give a wrong message that these types of acts are acceptable in society,” the court said.

Sharma was arrested a week after the mahapanchayat following a complaint from a resident of Jamalpur village in Gurugram. He was booked under sections 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence) and 295A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of Indian Penal Code.