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Kolkata: The Calcutta High Court has granted anticipatory bail to AJUP chief Humayun Kabir, observing that the ingredients of BNS Section 152, which deals with acts endangering the sovereignty, unity and integrity of India, were not made out against him even prima facie.

Justice Ajay Kumar Gupta, while granting the relief on Thursday, September 10, said custodial interrogation of Kabir was not necessary in connection with cases registered over a speech delivered by him at a public meeting in Murshidabad district in June.

The court also observed that there was no possibility of Kabir tampering with evidence as the electronic clipping of the speech had already been seized by the investigating officer.

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“This Court does not find the ingredients even prima facie in connection with Section 152 of the BNS, 2023,” the judge observed.

Kabir’s counsel told the court that his client had been booked under several provisions of the BNS, including Section 152, although the ingredients required to invoke the provision were not fulfilled.

The lawyer submitted that, barring Section 152, the maximum punishment prescribed under the other provisions invoked against Kabir was up to five years. He sought anticipatory bail for his client subject to any terms and conditions imposed by the court.

He also submitted that Kabir had complied with notices issued by the investigating officer and had been questioned twice.

The state’s counsel opposed the anticipatory bail plea, alleging that Kabir had used threatening language while addressing the public gathering and targeted a political party and public servants.

The state argued that granting anticipatory bail could pose a threat to the public at large as well as the nation.

FIRs were registered against Kabir at Saktipur and Rejinagar police stations over the speech in question.

Kabir formed the AJUP in December after being suspended by the TMC, of which he was earlier an MLA from Bharatpur in Murshidabad.

He won from both Nowda and Rejinagar assembly constituencies in Murshidabad district in the April elections. He later vacated the Rejinagar seat, where a bypoll is scheduled for October 6.