Court imposes safeguards, says fresh custodial interrogation can be sought
VASCO
The Vasco JMFC Court on Saturday granted conditional bail to Gautam Khattar in connection with the St Francis Xavier hate speech case, which has drawn widespread public attention across the State.
The order came after hearing detailed arguments from both sides and an intervention application. The court had earlier reserved its decision and pronounced the order later in the afternoon.
While granting bail, the court also gave liberty to the Crime Branch to move an application seeking cancellation of Khattar’s bail and fresh police custody if required. The order stated: “Needless to say, the grant of this bail does not operate as an impediment to the investigating agency’s right to seek custodial interrogation of Khattar, should the same be deemed necessary for further investigation on account of any change in circumstances.”
The court observed that the provisions of the Bharatiya Nyaya Sanhita invoked in the case are intended to safeguard the secular fabric of society from acts aimed at outraging religious feelings or promoting enmity. Considering Khattar’s large digital reach, the court noted that the speech had prima facie reached a vulnerable audience, requiring a balance between his right to expression and the State’s interest in maintaining communal harmony. It further observed that protective judicial measures were necessary to prevent any recurrence that could lead to public disorder, while clarifying that the question of specific intent would be determined during trial.
The court also rejected the defence argument that the arrest was a “procedural irregularity” and “politically motivated,” holding the arrest to be valid and noting that the applicant had intentionally evaded the legal process.
Advocate Amey Prabhudessai, counsel for Khattar, said the defence had filed the bail application on the 29th and concluded arguments on the 30th. The order was reserved for Saturday, coinciding with the expiry of Khattar’s police custody.
“We are satisfied that our client Gautam Khattar has been granted bail. The police custody was ending today, and the court has granted conditional bail after hearing all sides,” Prabhudessai said.
He added that the court directed Khattar to furnish two sureties of Rs 15,000 each, provide details of two local contacts, not leave the country, and not repeat any such offence.
Prabhudessai said the order, expected in the morning, was delayed as Khattar could not be produced before the court after being admitted to GMC. The Crime Branch had sought judicial custody, but the court granted bail after hearing all submissions.
Meanwhile, interveners Advocate Seoula Vaz and Advocate Melwyn Fernandes said they had opposed the bail and would continue assisting the complainant and the investigating agency.
“The court has granted conditional bail. Khattar has also been directed not to interfere with witnesses or tamper with evidence. The investigation is ongoing, and he will have to join the probe whenever required,” said Vaz.
Fernandes said the grant of bail did not conclude the matter.
“Bail is not the end of the case. Khattar will have to face trial, and we will support the prosecution to ensure justice is delivered,” he said.
He added that complaints concerning the organisers were also being examined and further legal steps may follow.
Complainant Peter D’Souza thanked the people of Goa for their support and said the pursuit of justice would continue.
“This is not about one community alone. People from all sections supported the cause. We are confident that justice will prevail,” he said.
