Did the Kerala HC Really Grant Anticipatory Bail to Director Akhil Marar Over Pahalgam Attack Controversy?

Synopsis
The Kerala High Court has sparked debate by granting anticipatory bail to director Akhil Marar following his controversial comments on the Pahalgam attack. This decision raises significant questions about freedom of speech and the boundaries of expression in India.
Key Takeaways
- Kerala High Court granted anticipatory bail to Akhil Marar.
- Video sparked controversy regarding Pahalgam terror attack.
- Freedom of speech is emphasized by the court.
- Marar is expected to cooperate with the investigation.
- Charges under Section 152 of Bharatiya Nyaya Sanhita.
Kochi, May 28 (NationPress) The Kerala High Court has granted anticipatory bail to film director Akhil Marar in connection with a controversial Facebook video he posted regarding the Pahalgam terror attack and the subsequent actions taken by Indian forces.
The complaint against Marar was lodged by Aneesh Kizhakkekara, a local leader of the BJP in Kollam.
According to the complaint, Marar claimed in his video, uploaded on May 11, that none of the terrorists involved in the attack could be apprehended.
Additionally, the video suggested that India had supplied arms to activists in Baluchistan to incite disorder in Pakistan, and pointed to civilian casualties resulting from India's retaliatory measures.
However, the court ruled that since Marar is willing to cooperate with the ongoing investigation, it deemed the case suitable for granting anticipatory bail.
The court stated, "As a citizen of India, the petitioner possesses the right to freedom of speech and expression. This freedom can only be limited by reasonable restrictions as outlined in Article 19 (2). The views expressed in a social media post, without a specific call for armed uprising or secession, cannot be considered as incitement for such actions or subversive activities in isolation," the court noted.
Marar is required to appear for questioning before the investigating officer on June 10 at 10 a.m. and must also surrender his mobile phone to the authorities as ordered by the court.
He faces charges under Section 152 of the Bharatiya Nyaya Sanhita for actions endangering the sovereignty, unity, and integrity of India.
The court concluded, "While the arguments presented are compelling, it is inappropriate for this court to make any determinations given that the matter remains under investigation."