Pais then took the Court through the speech delivered by Khalid. Mid-way through this exercise, the Bench asked,
“These expressions being used, don’t you think they incite people? You don’t think “jab aapke purvaj angrezo ki dalali kar rahe the” (when your ancestors were slaves of the British) is offensive?
It gives the impression that only one community was fighting against the British. Did Gandhiji ever employ such language? Did Bhagat Singh ever employ this? Is this what Gandhiji told us?”
The Bench also asked whether the freedom of speech could extend to such statements and whether Section 153A (promoting enmity between different groups on grounds of religion, race etc) of the Indian Penal Code (IPC) was attracted.
“We are not surprised that the FIR is premised on this part of the speech…Prima facie this is not acceptable. This is not acceptable in four corners of democracy and free speech.” the Bench said.
Pais then argued,
“If this is obnoxious speech, so be it. That is not why I am here. I am here on allegations of terror.”
Source: Barandbench
