Rumoured attacks on migrant workers: BJP spokesman files plea in Madurai HC seeking anticipatory bail

New Delhi [India], March 15 : Uttar Pradesh's BJP spokesperson Prashant Umrao Patel filed a petition in the Madurai bench of the Madras High Court seeking anticipatory bail after Thoothukudi police filed a case against him for spreading false information in a tweet on alleged attacks on migrant workers from Bihar in Tamil Nadu.

Umrao said in his petition, "This video is not made by me and even the purported forwarder of the tweet was not within his knowledge, and the law has settled that the creator is solely responsible for sending hateful or offensive messages. Since I am a member of a political party, a case has been registered against me in Thoothukudi police station with the intention of revenge."

The petitioner said he had recently approached the Delhi High Court and obtained a transit anticipatory bail order till March 20.

Justice GK Ilandraiyan sought a counter-affidavit from the Thoothukudi police and adjourned the case.

Earlier on March 7, Umrao was granted transit till March 20, 2023, in an FIR filed by Tamil Nadu Police against him for allegedly posting a "fake" video about the 'attack' on Bihar migrants in Tamil Nadu.

The bench of Justice Jasmeet Singh, while granting transit anticipatory bail, noted that the applicant required reasonable time to reach the territorial jurisdictional case. The court also directed Patel to provide his contact number.

Advocate Kaushal Kumar, representing the applicant, stated that the applicant is a member of the Bar and a Standing Counsel of Goa and needs time to enable the petitioner to approach a competent territorial jurisdictional court.

Appearing for Tamil Nadu Police, senior advocate Sanjay Hegde submitted that Freedom of speech does not mean he can light a fire at a crowded theatre. Hegde further submitted that he has a record of making such tweets and then deleting it without clarification.

Patel moved Delhi High Court with an application under Section 438 of CrPC seeking transit anticipatory bail in the matter arising out of an FIR filed at Thoothukudi Central police station under sections 153, 153(A), 504 and 505 of the Indian Penal Code.

The applicant stated that the FIR has been wrongly registered against him in response to certain tweets which he had posted on Twitter, based on some reports carried by some national news agencies.

Patel further stated that he only gained knowledge of the said FIR through a press release by the Tamil Nadu Police and several news articles covering the action initiated by Tamil Nadu in response to similar tweets and news articles.

Patel further submitted that on March 4, the state of Tamil Nadu, through the Director General of Police, put out a press release informing that action was being taken against people who allegedly published certain information relating to migrant labourers being attached in Tamil Nadu, and a case was registered under sections 153, 153(A), 504, and 505 of the IPC.

Patel is a resident of the NCT of Delhi and is a practising lawyer. The applicant is a member of the Delhi High Court Bar Association.

The applicant is also a Standing Counsel for the State of Goa before the Supreme Court, stated the plea.

Tamil Nadu Police had earlier stated that it had registered an FIR against a journalist and the BJP's Uttar Pradesh spokesperson, who allegedly tweeted disinformation about migrant labourers from Bihar in Tamil Nadu.