Mumbai: A court here Tuesday granted bail to a man accused of inciting migrants to assemble outside Bandra railway station April 14. The man was arrested in violation of lockdown norms in place for the novel coronavirus outbreak.
Bail granted
Vinay Dubey was granted bail on a cash surety of Rs 15,000 by metropolitan magistrate JY Ghule, his lawyer Deepak Mishra said.
April 14 was the last day of the first phase of the lockdown. Several hundred migrants had assembled on the west side of Bandra suburban station. They were demanding for trains to take them to their native places. The demonstration came just hours after Prime Minister Narendra Modi announced an extension of the lockdown till May 3.
Police allegations
Police claimed Dubey’s video and Facebook post incited the migrants. He was heard in a video stating that the government must run trains by April 18 for migrant labourers. Otherwise he would have to start an agitation or rally to get them home.
Dubey was charged under sections 117, 153 A, 188, 269, 270 and 505 (2) of IPC. The main charge brought against him was promoting enmity among different groups. He was also booked for abetting the commission of an offence by members of the public and for negligence that could spread infections. He was also charged under the Epidemic Diseases Act.
Dubey’s advocate quashes police claims
Advocate Mishra claimed the police was wrong in slapping these charges on Dubey.
“Dubey had said in the video that an agitation would start April 18. However, migrants gathered April 14 itself. So how can my client be blamed for that?” the advocate asked.
Mishra also told the court that the migrants had been able to gather at the station despite the lockdown because of the failure of the police. Mishra also blamed the state government for the gathering.
“They (migrants) were locals, who had gathered for money. How else could so many people have defied police and lockdown restrictions?” Mishra said.
In his bail plea, Dubey also said police erred in booking him under section 153 (A) of IPC on charges of promoting enmity. His advocate said that invoking this section needs prior sanction of the Union government. He claimed the Mumbai police did not secure such permission.
PTI