HC denies bail to man for posts against PM, armed forces
The high court observed that the freedom of speech guaranteed under the Constitution does not extend to such acts which disrespect high dignitaries and incite disharmony among citizens.
Rejecting the bail application of Ashraf Khan alias Nisrat, justice Arun Kumar Singh Deshwal said it has become a 'fashion among certain groups of people' to misuse social media under the guise of freedom of expression by making unfounded allegations against national leaders and circulating content that spreads hatred and division.
The accused was booked under sections 152 (acts that endanger the sovereignty, unity, and integrity of India) and 197 (imputations and assertions prejudicial to national integration) of the Bharatiya Nyaya Sanhita (BNS) at the Sasni police station of Hathras district. It was alleged that the accused uploaded edited videos to his Facebook account during the recent India-Pakistan military face-off.
According to the prosecution, one video allegedly depicted Prime Minister Narendra Modi walking alongside a donkey pulling a cart fitted with an aircraft, and later portrayed him as apologising to Pakistan. Another portion of the post allegedly showed Wing Commander Vyomika Singh of the Indian Air Force seated beside the Pakistan Army chief, with captions suggesting that the PM was running to save himself from a Pakistani missile.
Additional posts allegedly included slogans such as 'Pakistan Air Force Zindabad' and visuals of Indian aircraft being destroyed by Pakistani jets. Other objectionable content targeting defence minister Rajnath Singh and the PM was also found, according to the prosecution.
During the hearing, the applicant's counsel argued that Khan was innocent and had not forwarded the objectionable posts himself, though they were found on his mobile phone. In contrast, the state counsel opposed the bail plea, arguing that the posts created social disharmony and insulted the Indian military establishment.
In its order dated July 2 (Wednesday), the court concluded that the nature of the posts reflected disrespect not only towards the Prime Minister but also towards the Indian Armed Forces and its officers.
'Though our Constitution grants the right to freedom of speech and expression to every citizen, that freedom does not extend to posting videos and content that insult the Prime Minister, the Indian Military and its officers. Such actions not only cause social disharmony but also promote separatist sentiment and pose a threat to the sovereignty, unity, and integrity of India,' the court observed. Accordingly, the bail application was rejected.
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