A Delhi court on Monday reserved its order on the bail plea of a married couple accused of hurling racial slurs at their neighbours from Arunachal Pradesh and Manipur in south Delhi’s Malviya Nagar area.
Additional Sessions Judge Samar Vishal heard arguments from both sides and said the order on the bail applications of the accused, Harsh Priya Singh and Ruby Jain, would be pronounced on Tuesday.
The couple were arrested by the Delhi Police on February 25 following allegations that they had made abusive and derogatory remarks against three northeastern women during a dispute between neighbours.
Counsel for the accused, advocate Gaurav, argued that the matter was a spontaneous quarrel between neighbours in which both parties used objectionable language. He contended that the case did not amount to racial discrimination attracting provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
According to him, the accused were unaware that the complainants belonged to a tribal community and had not used language specifically targeting their tribal identity. He also argued that the altercation took place within their rented accommodation, which does not qualify as a public place under the relevant provisions of the law.
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The defence further said the Police Control Room call was made by the accused themselves as they felt threatened during the dispute. The lawyer submitted that the accused had cooperated with the investigation earlier and all evidence related to the incident had already been seized, making custodial interrogation unnecessary.
Gaurav also argued that Section 196 of the Bharatiya Nyaya Sanhita, dealing with promoting enmity between groups, should not apply as the video of the incident was allegedly circulated on social media by the complainants.
Opposing the bail plea, counsel for the complainants Liyi Noshi said the investigation was still ongoing and the accused could influence witnesses if released. She pointed out that a key eyewitness — the electrician who installed the air conditioner — was yet to be examined.
Noshi also alleged that the complainants had faced intimidation after the incident and said the video was initially shared privately with friends before it spread widely online.
“The accused was clearly heard saying, ‘You northeastern people are shit’, how is that not a derogatory remark attacking a certain community?” she said.
The case stems from an argument over debris from an air conditioner installation at the women’s rented accommodation on February 20.
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