Kerala High Court protects BJP leader PC George from arrest in hate speech case

The Kerala High Court on Friday granted BJP leader and former Member of the Legislative Assembly (MLA) PC George protection from arrest in connection with a case registered against him for alleged hate speech against the Muslim community. [PC George v. State of Kerala].Justice PV Kunhikrishnan granted George interim protection from arrest until the next hearing date and posted the matter to February 17.However, the judge expressed his disapproval of the remarks made by George and orally observed, "He admits that he has said these statements and he has apologised also. He's a senior politician, why is he doing like this? Everyone notices what they say right, everyone. If they are not careful about what they say, that will create problem.".A crime was registered against the former MLA under Sections 196(1)(a) (promoting enmity on religious, racial, or linguistic grounds) and 299 (malicious acts to outrage religious feelings) of the Bharatiya Nyaya Sanhita, 2023, and Section 120(o) (Powers to deal with unlawful assemblies) of the Kerala Police Act for his alleged hate speech against the Muslim community.According to the prosecution, George, during a televised debate on January 5, stated that all Muslims in India were terrorists and communalists and that there was not a single Muslim in India who was not a terrorist. He also allegedly urged Muslims to migrate to Pakistan and referred to them as "beggars".A complaint was filed by the Muslim Youth League Municipal Committee, following which the police registered an FIR against him.The incident sparked widespread criticism, leading George to issue a public apology on social media.George then moved an anticipatory bail plea before a sessions court in Kottayam, which was rejected. The lower court observed that he violated his bail condition granted to him earlier in another case, where he was directed not to make any statements leading to similar offences..Aggrieved by the order of the sessions judge, George moved the present anticipatory bail before the Kerala High Court.In his bail plea, George contended that his remarks were made in the heat of the moment during a debate after being provoked by a co-panelist. He argued that he had no intention to promote enmity or hatred and that his immediate apology should be considered.He further claimed that the case was politically motivated and that his arrest would be an infringement on his personal liberty..Advocates Sruthy N Bhat, PM Rafiq, Ajeesh K Sasi, M Revikrishnan, Rahul Sunil, Sruthy KK, Sohail Ahammed Harris PP, Nanditha S, Aaron Zacharias Benny and K Aravind Menon appeared for George.