PANAJI
The Bombay High Court at Goa on Tuesday granted anticipatory bail to former Goa RSS chief Subhash Velingkar in the case of hurting religious sentiments with his controversial comments on St Francis Xavier.
When the hearing resumed on Tuesday, the single bench of Justice B P Deshpande observed that the applicant has been cooperating in the investigation, and according to the Bicholim police, the interrogation in the case is almost complete.
As such, the primary petition for anticipatory bail and five additional intervention petitions submitted by aggrieved parties were dismissed by the bench, which had previously given Velingkar partial relief on 10 October.
“Since the Applicant is cooperating with the Investigating Agency as provided under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and undertakes to appear before the Investigating Officer in future as and when required, the application which is now pending before this Court could be disposed of as there is no apprehension of arrest so far as the fact that the Applicant shall continue to comply with the provision of Section 35(3) of the BNSS,” the Court said in its order.
The Court pointed out that the observations of the learned Trial Court with regard to the merits of the said matter are clearly “unnecessary” and “unwarranted”, as the jurisdiction is only to decide whether a case is made out for anticipatory bail or not.
“Accordingly, those observations in paragraph Nos. 48, 68, 71, 73, and 76 are required to be expunged,” the Court ordered.
Earlier, the Public Prosecutor submitted that the applicant has complied with the notice issued to him and attended the Police Station on two dates, viz. 10/10/2024 and 11/10/2024. He submitted that at present the interrogation of the Applicant seems to be complete. However, in case his attendance is required, a fresh notice will be issued.
Speaking to media persons later, Subhash Velingkar’s lawyer, Advocate Pranav Pathak, confirmed that the court has granted anticipatory bail to Velingkar.
The Bicholim police had filed a case against Velingkar on 6 October for hurting religious sentiments after receiving a number of complaints against him at different police stations for making objectionable remarks against the Saint and hurting religious sentiments. After which, Velingkar had absconded. A massive protest was held in the State seeking his arrest.
Advocate Amit Palekar, who represented AAP MLA Silva through an intervention petition, said that Velingkar received notices under Section 35 (right of private defence of the body and property) of the Bharatiya Nyay Sanhita, which he complied with by appearing before the investigating officer on 10 October and 11 October.
Palekar said that since Velingkar adhered to the notices, the Public Prosecutor also submitted before the bench that his arrest was not necessary.
“So, as per the law, the High Court has concluded that the main application (for anticipatory bail) and all the intervention petitions are disposed of,” he said.
