Indore, June 4 (IANS) An Indore court on Thursday rejected the anticipatory bail plea of Congress councillor Fauzia Sheikh Aleem, who is accused of refusing to sing the national song ‘Vande Mataram’ during a meeting of the Indore Municipal Corporation.

Additional Sessions Judge Rupesh Naik dismissed the plea after hearing arguments from both sides.

The court observed that, based on the material available on record, a prima facie case under Section 196(1) of the Bharatiya Nyaya Sanhita (BNS), relating to acts promoting enmity between different groups, appeared to be made out against the councillor.

In her anticipatory bail application, Aleem, 50, denied the allegations and claimed that she had never refused to sing ‘Vande Mataram’ in the municipal corporation House.

She alleged that she had been falsely implicated due to political rivalry and maintained that she was cooperating with the investigation. She also stated that she had no criminal antecedents.

The prosecution opposed the plea, arguing that if granted anticipatory bail, the councillor could misuse her position to influence or intimidate witnesses and might evade the investigation.

After examining statements of the complainant and other witnesses, video footage and seized digital evidence, the court noted that the allegations against the accused appeared to constitute an offence under Section 196(1) of the BNS.

The offence is non-bailable and carries a punishment of up to three years’ imprisonment.

While rejecting the plea, the court referred to various judicial precedents. However, it directed the police to strictly follow the Supreme Court’s guidelines laid down in the Arnesh Kumar vs State of Bihar case.

Under these guidelines, police are required not to make arrests automatically in offences punishable with up to seven years’ imprisonment. Instead, they must record specific reasons justifying the necessity of an arrest and consider alternative legal measures.

The controversy stems from an incident during the Indore Municipal Corporation’s Budget Session on April 8, when Aleem allegedly refused to sing ‘Vande Mataram’, citing Islamic beliefs.

Another councillor, Rubina Iqbal Khan, who had joined the Congress after winning as an Independent candidate, reportedly supported Aleem’s stand and also declined to sing the national song.

Police registered a case against both councillors under Section 196(1) of the BNS on April 15.

–IANS

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