In a unique twist of courtroom justice, the Madhya Pradesh high court has granted bail to a man, who reportedly chanted anti-India slogans, under one strict and patriotic condition — he must pay his respects to the Indian flag at a police station in Bhopal twice a month. And it does not stop there, each time he salutes, he is required to raise the slogan, “Bharat Mata Ki Jai”, not once or twice, but a total of 21 times per session.
The conditions, according to justice Dinesh Kumar Paliwal, “may enthuse in him (Faizal) the sense of responsibility and a pride for the country in which he is born and living.”
Faizal was taken into custody on May 17 after allegedly shouting “Pakistan Zindabad, Hindustan Murdabad” slogans in public, prompting charges under Section 153B of the Indian Penal Code for promoting enmity and disrupting public harmony.
On Tuesday, Faizal’s lawyer argued in court that he had been falsely implicated and that the case is triable by a magistrate with a maximum sentence of three years. The defense also pointed out that he has been cooperative and would abide by any conditions the court may impose.
However, the prosecution highlighted Faizal’s history of criminal activities, with 13 previous cases against him, arguing that his actions were intended to provoke enmity and threaten national harmony. “If he is not happy and satisfied in this nation, he may opt to live in the country of his choice,” the state’s counsel said, suggesting Faizal’s alleged actions showed disregard for his birthplace. Given the seriousness of his actions, the prosecution argued against granting bail, stating that his conduct demonstrated a lack of respect for the country.
Justice Paliwal, on his part, found a compromise, granting bail on stringent conditions intended to foster a sense of responsibility and national pride.
“Undoubtedly, applicant has criminal background of 13 criminal cases and in video he is seen shouting slogan as aforementioned. However, taking into consideration all the facts and circumstances of the case, but without expressing anything on the merits of the case, I am of the view that applicant may be released on bail by imposing some conditions which may enthuse in him the sense of responsibility and a pride for the country in which he is born and living,” stated the bail order.
Ordering Faizal’s release on bail, the high court specified that he “shall salute the National Flag unfurled on the building of the Bisrod police station, Bhopal, 21 times, raising the slogan ‘Bharat Mata Ki Jai,’” every first and fourth Tuesday of the month, between 10 am and noon, until the trial concludes.
The order added: “Aforesaid condition has to be necessarily incorporated in bail papers… This bail order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the aforesaid conditions of bail, it shall become ineffective.”
It also directed the Bhopal police commissioner to ensure Faizal’s compliance with the stipulations of bail about the national flag and slogan “Bharat Mata Ki Jai”.
It remains to be seen how Faizal adapts to his new duties and whether the twice-a-month salute fosters a change of heart.
