Lakshadweep administration on Tuesday informed the Kerala High Court that filmmaker Aisha Sultana had deleted her mobile chats after the registration of the sedition case and alleged that she is not cooperating with the probe.
The administration submitted this to the Court through the Senior Central Government Standing Counsel S Manu while hearing a plea of Aisha Sultana seeking to quash the FIR on the sedition case registered against her by the Kavaratti Police for her 'bio-weapon' remarks.
Lakshadweep Administration said, "She has not been properly cooperating with the investigation and refused to provide documents demanded by the police. On the other hand, she raised several baseless allegations against police after the filing of the case and indulged in a malicious campaign against the police through media."
"Apparently, her aim is to dissuade the police from conducting a proper investigation by unleashing false propaganda. The investigation in the case is only a preliminary stage. Quashing of FIR in the exercise of the powers under Section 482 CrPC is justified only in exceptional circumstances and no such special circumstances exist in the case on hand," it said.
She has alleged that the Central government used the COVID pandemic as a bio-weapon against the people of the Union Territory of Lakshadweep. She also compared it with the allegation that China has used the COVID virus as a bio-weapon against other countries which obviously suggests that the Government of India has acted similarly against the people of Lakshadweep.
It can be prima facie considered as an attempt to excite disaffection among the people towards the Government of India. The statement made by her has a tendency to create disorder or disturbance of public peace by resort to violence. It also prima facie amounts to an assertion prejudicial to national integration. Hence, the crime has been registered for the offences under Sections 124 A and 153B.
The accused has acted with deliberation to cause disaffection and disorder and has consciously intended to bring into contempt the government established by law. The conduct of the accused is outside Explanations 2 and 3 to Section 124A IPC. It is submitted that there is an intent to create alienation and bring about estrangement so as to fuel discontent and unrest which is an act squarely covered by Section 124A.
She later made some clarifications and justifications probably as an afterthought to get rid of the penal consequences. Such actions will not absolve the criminal liability for the offence already completed. There is also no requirement of any imminent violence to sustain a charge under section 124 A as canvassed by the petitioner."
The administration also made remarks in its submission against Media One Channel, which is a Malayalam news channel where Aisha Sultana made this 'bio-weapon' remark.
It reads, "The Media One channel management is also not properly cooperating with the investigation and any information sought by the police through statutory notices have not been furnished by the channel."
The case is likely to be considered by the Court again on July 22.
( With inputs from ANI )
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