YouTuber Ajeet Bharti Denied Anticipatory Bail In SC/ST Act Case

A Delhi court on Monday rejected the anticipatory bail plea of YouTuber and commentator Ajeet Bharti in a case registered against him under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act over alleged objectionable remarks made during a YouTube broadcast.

Additional Sessions Judge Saurabh Pratap Singh Laler of the Patiala House Courts dismissed Bharti's plea. The detailed order is awaited.

The case stems from a complaint filed at Delhi's North Avenue Police Station by Balakram Bauddh, Delhi president of the Azad Samaj Party (Kanshi Ram), which is headed by Nagina MP Chandrashekhar Azad. The FIR relates to remarks allegedly made by Bharti during his August 22 YouTube programme, titled 'SB79: Reservation Hatao Andolan Nautanki & More | Saptahik Bakaiti', while discussing reservation and recent protests.

The complaint alleges that Bharti made caste-based, abusive and humiliating remarks concerning Azad and Dr B R Ambedkar, besides making sexually objectionable comments and issuing threats. The FIR invokes provisions of the SC/ST Act, Section 67 of the Information Technology Act and Sections 196(1)(c) and 351(3) of the Bharatiya Nyaya Sanhita.

During the bail hearing, Bharti's counsel Jai Anant Dehadrai argued that the allegations did not prima facie satisfy the ingredients of an offence under the SC/ST Act. He submitted that an insult must have a caste-based nexus to attract the relevant provisions and argued that Bharti's remarks should be considered in the context of what he described as grave and sudden provocation involving comments about his mother and sister.

The defence also argued that Bharti had not used a caste slur against Azad and that his criticism was directed at an individual rather than an entire caste or community.

The Delhi Police, meanwhile, argued that the anticipatory bail plea was not maintainable at this stage, pointing out that the investigating officer had not issued Bharti a notice and that the offences invoked carried a maximum punishment of seven years. The police also said registration of the case did not necessarily mean Bharti would be arrested.

Bharti has denied the allegations and maintained that his comments were a response to what he described as offensive remarks targeting his family. The allegations remain subject to investigation and judicial determination.