International Human Rights Association (IHRA) Manipur president Mark Thangmang Haokip, who was sent to judicial custody for 15 days, was released on bail on Monday after furnishing his bail bond with like amount sureties before the Chief Judicial Magistrate, Imphal West.
Mark T Haokip was produced before the Duty Magistrate, Imphal West on Friday wherein he was given bail by the magistrate. But he failed to furnish bail bond amount of Rs 1 lakh and two sureties and therefore, he was sent to judicial custody.
He was arrested on May 24 from New Delhi and brought back to Imphal on transit remand on Friday in connection with an FIR case registered before City police in connection with a Facebook post that allegedly promoted enmity between communities.
According to the duty magistrate court, the charge offences are not made out on prima facie.
The court stated that as regard to section 505 (1) (B) (2), an essential ingredient of the section is the factor of causing fear or alarm to the public or factor of creating hatred, enmity or ill-will between different groups.
It is no doubt that the accused person uploaded statements which were contrary to the popular understanding, regarding the historic merger agreement of Manipur , the court stated.
“However, there is no material on record to show that the post has incited enmity or hatred within any community. Just merely uploading a post is not sufficient to attract the provisions of section 153-A or section 505 (1) (B) (2) of IPC,” the court stated.
The court mentioned that the allegation is section 153A, 505 (1) (B) (2), 506 and 120-B of IPC. But section 506 is a bailable offence and for section 120-B, the prosecution has not produced any materials to show there is prima facie case of the offence, the court observed.
Therefore, the court granted him bail with the condition that he should cooperate with the investigation; should not leave the state without the permission of the court; should appear before the investigating officer of the case every alternative days starting from May 28; should not hamper or temper any evidence related to the case; should not influence any prosecution witness; should not repeat commission of the alleged act, and if he violated any of the condition given by the court then the bail granted should stand cancelled.
Haokip was arrested by a team of Imphal police station from Kishangarh, Delhi at around 2.30 pm of May 24 in connection with three different FIR cases. One of the FIRs was lodged against making defamatory statements in social media against freedom fighter Padma Bhushan awardee Rani Gaidinliu.
On Friday, the Chief Judicial Magistrate, Imphal West issued a non-bailable warrant of arrest against Haokip in connection with the application filed by Imphal police station.
The application was filed by the officer in-charge of Imphal police station on the ground that he wrote derogatory and defamatory statements in social media both on his Twitter and Facebook accounts.
The application mentioned that leaders of 10 civil society organisations of Manipur lodged a complaint before the OC of Imphal police station, stating that such derogatory and defamatory statements by Mark Haokip had hurt the sentiments of many people and might disturb communal harmony.
