Re: Bloody Indians… Is it offensive?
MUMBAI: The jibe, ‘bloody Indians’, may have got three of Bollywood actor Angelina Jolie’s bodyguards arrested, but legal eagles say this is at most a case of a minor bailable offence. “It was in very bad taste. But let’s not give the bodyguards more importance than they deserve. These are minor bailable offences and much should not be made of this incident,” former solicitor general Soli Sorabjee told TOI and added, “We must treat such remarks with contempt.”
Jolie’s bodyguards Robert Patric Dunn (35), Michael John Bratt (50) and Thomas Edward Mcadams (47) will be staying on in India for a week even though the stars leave on Saturday night. They had allegedly abused and shoved parents at the Anjuman-e-Islam school during the shoot of A Mighty Heart on Thursday. A bail of Rs 25,000 later they continue to be Mumbai bound as they have to report to the police as per their “mutual convenience.” In fact, the police did call them on Saturday morning and they landed up at the Azad Maidan police on the second consecutive day.
The police had arrested the bodyguards for offences under section 323 of IPC (voluntarily causing hurt), section 504 (intentional insult) both non-cognisable and bailable offences and section 506(2) (criminal intimidation with threat of death) a non-cognisable offence.
Saying “bloody Indian” could by itself amount to a non-cognisable and bailable offence of ‘intentional insult with intent to provoke breach of peace’ under section 504 of the Indian Penal Code, said crime counsel Majeed Memon, which does not merit an arrest. Based on the complaint made by the parents, who alleged that the bodyguards also said, “I will kill you,” the police invoked a non-bailable section of criminal intimidation and arrested them.
Even under the non-cognisable section of 504 IPC for intentionally mouthing insults which could cause a breach of public peace, a person can get up to two years imprisonment or fine or both. As for an offence of criminal intimidation with threat to life under 506(2) applied to the bodyguards, the maximum possible sentence is seven years in jail.
The complaint notwithstanding, the jibe by itself merits no attention said other lawyers. “No person with ordinary sense or temper should even complain. No notice should be taken of it. This is patriotism perverted,” remarked former union law minister Ram Jethmalani. He said the body guards should never have been arrested.