Sri Vijaya Puram, July 9: The Sessions Court on Thursday reserved its order on the anticipatory bail application of Aziz-ur-Rahman, who is facing charges under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, after hearing detailed submissions from both the defence and the prosecution. The court is scheduled to pronounce its decision at 2 pm today.
During the hearing, the defence argued that the allegations levelled against Aziz-ur-Rahman do not satisfy the legal requirements necessary to invoke the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
According to the defence, the statements attributed to Aziz-ur-Rahman were made in the context of a dispute relating to stray pig rearing and the subsequent vandalism incident. It submitted that the expression “Bhangar” referred to a person who consumes bhang and was neither intended nor used as a caste-based slur or as an insult directed at any member of the Scheduled Caste community.
The defence further relied on judgments of the Supreme Court to contend that the material placed before the court does not disclose a prima facie offence under the provisions of the SC/ST Act and, therefore, the bar against anticipatory bail would not apply.
Opposing the plea, the prosecution argued that the statements allegedly made by Aziz-ur-Rahman, including his remarks concerning pig rearing and the use of the word “Bhangar,” were intended to humiliate members of the Scheduled Caste community.
The prosecution maintained that the allegations attract the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and opposed the grant of anticipatory bail. It further submitted before the court that custodial interrogation of the accused is necessary for the investigation.
After hearing the submissions advanced by both parties, the Sessions Court reserved its order on the anticipatory bail application.
The court is expected to deliver its decision at 2 pm today, determining whether Aziz-ur-Rahman will receive protection from arrest in the case registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
