A local court on Thursday rejected the anticipatory bail plea of Congress councilor Fauzia Sheikh Alim who allegedly refused to sing the national song 'Vande Mataram' during a municipal corporation meeting.
A case under section 196(1) of the BNS (acts promoting enmity between different groups) was prima facie made out against her, said Additional Sessions Judge Rupesh Naik.
Alim (50) claimed in her application that she never refused to sing 'Vande Mataram' and she had been falsely implicated in the case due to political rivalry.
She was cooperating with the investigation and has no criminal record, the plea said.
The prosecution objected to the plea, arguing that if granted anticipatory bail, she could misuse her position, intimidate witnesses, and abscond.
After reviewing the statements of a complainant and other witnesses, video footage, and seized digital material, the court held that "prima facie, the applicant/accused appears to have committed an offense under section 196(1) of the BNS.
The offense is non-bailable and punishable by imprisonment up to three years, the judge said, rejecting the pre-arrest bail plea.
The court, however, directed the police to ensure "strict adherence" to the guidelines issued by the Supreme Court in the case of Arnesh Kumar vs State of Bihar.
As per the guidelines, for crimes punishable with up to seven years' imprisonment, the police should not arrest the accused merely on the basis of a case being registered, but should also document compelling reasons for the arrest and consider alternative legal remedies.
On April 8, during the Indore Municipal Corporation's budget session, Congress councilor Alim allegedly refused to sing Vande Mataram citing Islamic beliefs.
Rubina Iqbal Khan, another councilor who joined the Congress after winning the election as an independent, also reportedly refused to sing the national song. The police registered a case against both women on April 15 under Section 196 (1) of the BNS.