Delhi High Court grants bail to activist detained for posting about dog cruelty in Nagaland

The court was hearing Tanwar’s plea for regular bail.

This was opposed by the Nagaland Police, saying that since Tanwar was already enjoying interim bail and was not in custody, the prayer for grant of regular bail could not be granted.

It was also submitted that he should approach the court having territorial jurisdiction over the West Dimapur police station.

Justice Mahajan agreed that the power to grant bail is limited to territorial jurisdiction and cannot be usurped by ignoring this principle.

However, the Court also emphasized that it may grant temporary relief to protect liberty and prevent immediate arrest.

“The applicant must be given the opportunity to seek appropriate remedies from a court having proper territorial and subject matter jurisdiction over the case. Considering that the FIR was registered in Nagaland alleging that the complainant with the intention of inciting communal hatred, enmity and discord had made a video relating to the people of Nagaland and posted it on social media. Therefore, the application for bail under the law laid down in the case of Priya Indoria v. State of Karnataka & Ors. (supra) will have to be filed in the appropriate court in Nagaland.“, the court said.