TN migrant labourers row
The Supreme Court on Thursday told Uttar Pradesh BJP spokesperson Prashant Umrao to tender an apology for his social media post about an "attack" on Bihar migrants in Tamil Nadu while modifying a pre-arrest bail condition imposed by the Madras High Court to appear before the Tamil Nadu Police for 15 days for questioning in connection with the case. "The condition requiring the petitioner (Umrao) to report to the police station between 10.30 a.m. and 5.30 p.m. for 15 days is modified. He shall appear on Monday 10 a.m. and thereafter as and when required by the investigating officer," a Bench led by Justice BR Gavai directed.
The Bench, when informed that Mr. Umrao was also a lawyer, said he should be more responsible. "Before the next date, he should tender an apology," the court addressed senior advocate Siddharth Luthra, appearing for Mr.
Umrao. "He will tender an apology," Mr. Luthra replied.
In his petition, Mr. Umrao said he has been booked in multiple FIRs by the Tamil Nadu Police for his social media post and sought a clubbing of them. Mr.
Luthra argued that multiple FIRs were lodged against his client for the same tweet, which he had deleted as soon as he realised they were based on erroneous news reports. The court directed that the anticipatory bail already granted to him would apply to any FIR registered in Tamil Nadu on the basis of the same facts. Senior advocate Mukul Rohatgi, for Tamil Nadu, emphasised the fact that Mr.
Umrao was a lawyer. "Look at his tweet. He is a lawyer. A lawyer is saying Hindi-speaking people are attacked in Tamil Nadu.
For a lawyer to say that..." the senior lawyer underscored. Mr. Rohatgi argued that there was nothing wrong in the High Court insisting that Mr.
Umrao should appear for questioning in connection with an FIR after granting him anticipatory bail. "What is wrong with the condition? It is only to appear for questioning," he said.
"But what investigation for 15 days for five hours daily?" the court quizzed. Mr. Rohatgi said Mr.
Umrao has not appeared even once. Mr. Luthra said his client was apprehensive that he would be arrested in the other FIRs if he appeared for questioning.
Mr. Rohatgi said Mr. Umrao had not been named in any other FIRs.
An FIR was lodged against Mr. Umrao under various sections of the Indian Penal Code (IPC), including those for provocation with intent to cause riot, promoting enmity and hatred, provoking breach of peace and statement leading to public mischief, the police had said. Earlier on March 7, the Delhi High Court had granted transit anticipatory bail to Umrao till March 20 to approach a Chennai court in an FIR lodged by the Tamil Nadu Police for allegedly giving false information claiming attacks on migrant workers in the state.
He had subsequently approached the Madurai Bench of the Madras High Court seeking anticipatory bail. In its order, the High Court had noted that prosecution's case is that he had allegedly uploaded false content on his Twitter page depicting that in Tamil Nadu 15 Bihar natives were hanged in a room because they were speaking in Hindi and 12 of them died. Mr.
Umrao had argued before the High Court that the alleged tweet was originally exhibited in private news channels and he had simply re-tweeted it.
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