The bail plea before Sessions raised the following grounds:
– That their arrest is illegal, contrary to law and against constitutional rights;
– That they should have been issued a notice by police, before arresting, which was not done.
– That there was no mens rea under Section 153A of IPC or intention to cause ill will or hatred feelings of persons mentioned in the section.
Further, the call to recite the Hanuman Chalisa outside the residence of the CM can by no stretch of imagination be treated as an attempt to incite one community against another therefore the provision of section 153(A) is not attracted, it was contended.
It was also pointed out that after the Mumbai Police issued notice, the applicants complied with the same and did not step out of their residence.
It was alleged that the State has invoked sedition only with an intention to suppress their freedom of speech and expression.
Source: Barandbench
