Pune sessions court rules criticism of government isn’t waging war; NCP (SP) leader freed on bail
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Pune: A sessions court in Pune has granted bail to an NCP (SP) office-bearer, holding that criticism of the government or the chief minister, by itself, cannot be equated with “waging war” against the nation.
Additional Sessions Judge B D Kulkarni allowed bail for Mahadev Balgude, state head of the social media wing of the Sharad Pawar-led NCP (SP), noting that citizens have the right to comment on, compliment and criticise government actions. The judge said nothing on record indicates Balgude declared or incited war against the State or committed acts endangering India’s sovereignty, unity or integrity.
Balgude was arrested in April on charges of circulating morphed photos of Chief Minister Devendra Fadnavis and posting content allegedly sympathetic to Naxalites. He faced, among other provisions, Section 152 of the Bharatiya Nyaya Sanhita (BNS), which criminalises acts that knowingly endanger the nation’s sovereignty, unity and integrity.
The court observed that case papers showed the accused had questioned investigation processes and the functioning of government schemes — matters that fall within public discourse. It also described the applicability of Section 152 as “debatable” and said the other offences invoked were bailable. The judge noted the investigation was complete, the chargesheet filed, and no further custodial interrogation was required.
Granting bail, the court ordered Balgude to execute a personal bond of Rs 25,000 with one or two sureties, refrain from tampering with evidence or influencing witnesses, provide his residential address and mobile number to the investigating officer, and not leave the country without prior court permission.
Defence counsel Sameer Shaikh argued the case was politically motivated and contended that criticism of the government is protected under the right to freedom of speech and expression, adding that the investigation was complete. The prosecution opposed bail, saying the accused had used objectionable language in social media posts and committed offences against the State.