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Time of India
03-07-2025
- Politics
- Time of India
HC rejects bail of man for postagainst PM, Army
Prayagraj: While rejecting the bail application of a man, who is accused of posting objectionable content on social media against the Prime Minister of India and Indian Armed forces, the Allahabad high court observed that the freedom of speech guaranteed under the Constitution does not extend to such acts which disrespect high dignitaries and create disharmony among citizens. Rejecting the bail application of Asharaf Khan alias Nusrat, Justice Arun Kumar Singh Deshwal on Wednesday said that it has become a "fashion among certain groups of people" to misuse social media in the garb of freedom of speech and expression by making unfounded allegations against high dignitaries, posting such material which creates disharmony and hatred among the people. Accused Ashraf Khan, booked under sections 152 (acts that endanger the sovereignty, unity, and integrity of India) and 197 (imputations and assertions prejudicial to national integration) of BNS at Sasni police station of Hathras. It is alleged that the accused allegedly uploaded edited videos on his Facebook during the recent India-Pakistan military face-off. According to the prosecution, the accused allegedly posted objectionable content targeting PM Modi, defence minister Rajnath Singh, Army chief and other Army officials, in a bid to defame them. The counsel for the applicant submitted that the applicant is innocent and that the objectionable post had not been forwarded by the applicant, even though it was found on his mobile. On the other hand, the state's counsel argued that the alleged posts on social media created disharmony among people of India and also showed disrespect to Indian Military and Indian Air Force. The court observed, "Though our Constitution gives right to freedom of speech and expression to every citizen, but that freedom does not stretch to permit a person posting videos and other posts disrespecting to the Prime Minister of India, Indian Military and its officers, which on the one hand, causes disharmony among the people of India, and on the other hand, comes within the purview of encouraging the separatism and endangers the sovereignty, unity and integrity of India. "
News18
03-07-2025
- Politics
- News18
Freedom Of Speech Doesn't Extend To Insulting The Prime Minister: Allahabad High Court
Last Updated: Justice Arun Kumar Singh Deshwal, while dismissing the bail plea of Asharaf Khan alias Nisrat, observed that such posts go beyond criticism. The Allahabad High Court recently denied bail to a man accused of sharing edited social media posts that mocked and disrespected Prime Minister Narendra Modi, stating that the constitutional right to free speech does not include the liberty to insult the nation's Prime Minister. Justice Arun Kumar Singh Deshwal, while dismissing the bail plea of Asharaf Khan alias Nisrat, observed that such posts go beyond criticism and amount to a threat to national harmony and dignity. 'Freedom of speech and expression does not stretch to permit a person posting videos and other posts disrespecting the Prime Minister of India," the court ruled. According to the prosecution, Asharaf Khan had posted heavily edited and objectionable videos on Facebook during the recent India-Pakistan conflict. One of the videos allegedly portrayed Prime Minister Narendra Modi walking beside a donkey pulling an aircraft cart. Another showed the Prime Minister seeking forgiveness from Pakistan. The posts were accompanied by captions mocking India's military position and praising Pakistan's armed forces. It was further shown that the Wing Commander of Indian Air Force, Ms. Vyomika Singh was sitting with Pakistan's Army Chief. The material, authorities claimed, also included disparaging references to Defence Minister Rajnath Singh. The state opposed the bail plea on the grounds that such content not only dishonored the country's leadership and armed forces but also had the potential to sow discord among communities. 'Such kind of post on social media creates disharmony among people of India and shows disrespect to the Indian Military," the state argued. In defense, Asharaf's lawyers contended that the posts were not authored or circulated by him. They argued that the material was found on his mobile phone but had originally been sent by someone named Shahrukh, who had asked others to share it further. The defense maintained that Asharaf was not involved in creating or forwarding the content and had been wrongly implicated. He has been in custody since May 13, 2025. The court, however, was not convinced. It warned of the increasing trend of misusing social media under the pretext of free speech to attack high constitutional functionaries. 'It has become a fashion among certain groups of people to misuse social media in the garb of freedom of speech and expression by making unfounded allegations against high dignitaries," the court observed. Stressing the seriousness of targeting the Prime Minister in such a derogatory manner, the judge held that posts of this nature not only undermine the respect for constitutional offices but also encourage the separatism and endangers the sovereignty, unity and integrity of India. Thus, rejecting the bail plea, the court concluded that the objectionable content posted by the applicant did not warrant any leniency. 'This Court does not find a fit case to enlarge the applicant on bail, at this stage," the order stated.
