Delhi Court Deliberates on Bail for Couple Accused of Racial Abuse

Court Proceedings on Racial Abuse Case

New Delhi, Mar 9: A Delhi court has postponed its decision regarding the bail application of a couple accused of making racial slurs against their neighbors from Arunachal Pradesh and Manipur.

On Monday, Additional Sessions Judge Samar Vishal listened to arguments from both sides before deciding to reserve the ruling until Tuesday.

The defendants, Harsh Priya Singh and Ruby Jain, were taken into custody by the Delhi Police on February 25 for allegedly directing racial insults at three women from Northeast India in Malviya Nagar, South Delhi.

The defense attorney, Gaurav, contended that the incident stemmed from a spontaneous altercation between neighbors, where both parties exchanged inappropriate language. He argued that this situation did not constitute racial discrimination under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, as the accused were unaware of the complainants' tribal status and did not specifically target their identity.

Furthermore, he claimed that the dispute occurred within their rented home, which does not qualify as a "public place" according to the SC/ST Act's requirements.

Gaurav also noted that the accused had called the Police Control Room themselves, feeling threatened by the language used by the complainants.

He argued that Section 196, which addresses promoting enmity between different racial groups, should not apply here, as the complainants had shared a video of the incident on social media, leading to its widespread circulation.

Additionally, he raised concerns about Ruby Jain's health deteriorating in custody due to interrupted medical treatment, requesting that her bail application be considered under special provisions for women facing non-bailable offenses.

On the other hand, the complainant's attorney, Liyi Noshi, opposed the bail request, citing ongoing investigations and the risk of the accused influencing witnesses if released. She pointed out that a key eyewitness, an electrician who installed the air conditioner, has yet to testify.

Noshi also claimed that the accused attempted to intimidate the complainants after the incident, pressuring them to resolve the matter during a meeting with their landlord.

She expressed that the three women have been living in fear since the incident, with reports of people visiting their home at night. One complainant from Manipur had to leave Delhi due to the ongoing ethnic violence in her home state.

Noshi challenged the defense's assertion that there was no racial discrimination, citing a derogatory remark made by the accused: 'You northeastern people are shit.'

In response, Gaurav denied any intimidation claims, stating that no criminal complaints have been filed regarding such incidents. He also alleged that the case has been influenced by political pressures and media scrutiny, noting that various political figures commented on the matter following media coverage.

The case involves allegations against the couple for making offensive remarks towards the three women during a dispute over debris from an air conditioner installation on February 20. The police have charged the couple under the SC/ST Act, initially registering the case under sections of the Bharatiya Nyaya Sanhita, including criminal intimidation and promoting enmity between groups.