An Indore court has rejected the anticipatory bail plea of Congress councillor Fauzia Sheikh Aleem, who allegedly refused to sing the national song ‘Vande Mataram’ during an Indore Municipal Corporation meeting. The court, presided over by Additional Sessions Judge Rupesh Naik, dismissed the plea after considering arguments from both sides.
According to the court’s observations based on the available evidence, a prima facie case under Section 196(1) of the Bharatiya Nyaya Sanhita (BNS), related to acts promoting enmity between different groups, seemed to be established against the councillor. In her bail application, Aleem, aged 50, denied the accusations, stating that she never declined to sing ‘Vande Mataram’ during the municipal corporation House meeting.
Aleem claimed that she was falsely implicated due to political rivalry and emphasized her cooperation with the investigation, asserting her lack of criminal history. The prosecution opposed the bail plea, expressing concerns that granting bail could enable the councillor to misuse her authority to influence witnesses and evade the investigation.
The court, after reviewing statements from the complainant and witnesses, along with video evidence and digital materials, found that the allegations against the accused could constitute an offense under Section 196(1) of the BNS. This offense is non-bailable and carries a maximum penalty of three years’ imprisonment. Despite rejecting the bail plea, the court instructed the police to adhere strictly to the guidelines set by the Supreme Court in the Arnesh Kumar vs State of Bihar case.
The controversy arose during the Indore Municipal Corporation’s Budget Session on April 8 when Aleem reportedly refused to sing ‘Vande Mataram’ citing her Islamic beliefs. Another councillor, Rubina Iqbal Khan, who had recently joined the Congress after winning as an Independent candidate, also supported Aleem’s stance and declined to sing the national song. Subsequently, a case was filed against both councillors under Section 196(1) of the BNS on April 15.
