New Delhi: After two days of police custody, a local court in Arunachal Pradesh ordered the release of human rights lawyer and activist Ebo Mili and graffiti artist Neelim Mahanta on bail on Tuesday afternoon.
Both were arrested on March 27 on the charge of defacing a mural depicting a mega dam on the boundary wall of the state secretariat as part of a state sponsored project, Wall of Harmony, to showcase the journey of the state in the last fifty years. They drew a fist over the mural with the slogan ‘No More Dams’. The Wire reported on their arrest on Monday.
Also Read: Arunachal Activist, Assam Graffiti Artist Arrested for Protest Artwork on Govt Buildings
As per the latest reports from the northeastern state, the duo was granted bail by a court in Yupia in the Papum Pare district after they were produced by the state police.
According to the bail order, the lawyer for Mahanta and Mili argued that Section 3 of the Prevention of Damage to Public Property (PDPP) Act did not apply to the present case, as Mahanta had merely painted the graffiti on the wall because he was hired to do so by an NGO.
Arunachal lawyer and rights activist Ebo Mili (left) and Assamese graffiti artisit Nilim Mahanta (right). Photos: Facebook.
The public prosecutor agreed that the section does not appear to be applicable.
Judicial magistrate (first class) Tenzin Metho noted that both the persons were prima facie involved in the defacement. He noted that whether or not Section 3 of the PDPP Act would be applicable could be considered during the trial.
The magistrate noted that the fundamental right to freedom of speech and expression comes with
“certain reasonable restrictions”. He added, “Even if both the accused wanted to convey their protest regarding the issue of construction of Dams, there are several other modes of conveying their message but such defacement upon a carefully curated painting at the State’s expense was certainly not the right forum.”
Since the police had produced both the accused in court before their remand expired, the magistrate said he saw no point in their continued detention.
Metho however directed Mahanta and Mili to repaint the portion of the wall which was defaced to return it to its original state within 10 days from the date of the order. The relief was granted on furnishing a bail bond of Rs 3,000 each.
Earlier in the day, the Arunachal government, in a press statement, said, “While the government of Arunachal Pradesh has no issues with the ‘intent’ of the two individuals, it can’t be lenient to any act that borders around ‘crime’ that also goes against the popular sentiments of its people.”
State government spokesperson Bamang Felix, further added in the press statement, “As far as this case goes, the matter is before the honourable court and the state government will abide by its decision.”
The government broke the silence on March 29 after their arrest drew attention from social media users and the national media. A large number of people on social media also reflected the public opposition to the construction of the dam in the state.
The government’s statement called the reactions on social media and national media ‘misinformation’. Felix stated that the state government “seeks to put on record that the arrests made do not pertain to any kind of anti-dam or any protest. We firmly believe in ‘Freedom of Expression’ and the right to dissent and protest by any citizen according to their rightful conscience within thd drawing of the law.”
The arrest of the duo triggered considerable outrage both in Assam and Arunachal Pradesh. While Assam based students body Asom Jatiotabadi Yuva Acharya Parishad threatened to road blockage if Mahanta was not released immediately, Raijor Dal activists burned the effigy of Arunachal chief minister Pema Khandu for his arrest.
Popular Assamese singer Zubin Garg, in a Facebook upload, demanded his immediate release.