<p>Samajwadi Party (SP) MLA Abu Asim Azmi<br></p>

MUMBAI: In a detailed order granting anticipatory bail to Samajwadi Party MLA Abu Asim Azmi, considering the prevailing circumstances, a sessions court cautioned him to exercise restraint while giving interviews.
“Any irresponsible statement can flare riots and create a law and order problem. I hope the applicant, being a senior politician, will understand his responsibility,” Judge V. G. Raghuwanshi said.
The judge also expressed surprise as the investigating officer did not have the video recording of the alleged interview and registered the offence without seeing it.
“The offence relates to some statements made in the course of the interview. That means the investigating officer does not need custody for the seizure of any article; he does not need custody for interrogation. The applicant (Azmi) is a politician and businessman. Therefore, I don’t think that he will run away from the course of justice,” the judge said.
Azmi was granted relief from arrest in two criminal cases registered against him for his remarks eulogising Mughal ruler Aurangzeb. It was alleged that by praising Aurangzeb and making other comments, Azmi hurt the religious sentiments of the Hindu community and also defamed the ruling political party. The comments were made in the context of the release of the film Chhava, which depicts the conflict between Chhatrapati Sambhaji Maharaj and Aurangzeb.
While the plea was granted on Tuesday, the detailed order was made available on Thursday. Seeking anticipatory bail, Azmi’s lawyer Mubin Solkar submitted that the FIR did not disclose any offence and that the allegations did not show that he made the statements deliberately and with malicious intentions of outraging religious sentiments.
Solkar further submitted that Azmi did not speak during a pre-scheduled interview or a podcast and that he only replied to sudden questions put to him by reporters while leaving the Maharashtra Assembly. Solkar submitted that this indicated that Azmi interacted with the press spontaneously without any premeditated intention to deliberately demean or insult any personality or to hurt the religious feelings of any person.
Opposing the plea, the prosecution submitted that after the release of the movie, the religious sentiment of people was volatile, and in such circumstances, Azmi made controversial statements in his interview. “Such irresponsible statements may flare riots and cause a law and order problem,” the prosecution said.
Allowing the plea, the judge said, “He shall be released on executing a bond of Rs 20,000 with solvent surety of like amount subject to the following condition. The applicant shall not tamper with evidence and appear before the investigating officer between 11 am to 1 pm on March 12, 13, and 15.”