Anti-National Acts Becoming Routine As Courts Remain Liberal: Allahabad HC Denies Bail In Alleged Pro-Pakistan FB Post Case

A bench of Justice Siddharth passed the order while hearing the bail plea of one Ansar Ahmad Siddique, booked under Sections 197 and 152 BNS for allegedly sharing a post on Facebook wherein an appeal was made for propagating Zihad, saying Pakistan Zindabad and appealing to support Pakistani brothers.

The prosecution contended that the post not only hurt national sentiments but the same also militated against India's sovereignty and integrity and had hurt the national sentiments of the Indians as the alleged post was made right after the Pahalgam Terror attack.

Seeking bail in the case, the accused's counsel contended that his client had only shared a video on Facebook on 3rd May, 2025 and that he is an old man, aged about 62 years and undergoing medical treatment and thus, could be granted bail.

Court's Observations

At the outset, the bench referred to Article 51-A of the Constitution, which provides that every citizen of India must abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem, and uphold and protect the sovereignty, unity and integrity of India.

Seeing the alleged act in this light, the bench noted thus:

"Clearly the act of the applicant is disrespectful to the Constitution and its ideals and also his act amounts to challenging the sovereignty of India and adversely affecting unity and integrity to India by sharing anti social and anti Indian post.”

The Court noted that although the applicant is a senior citizen born in independent India, his 'irresponsible' and 'anti-national' conduct does not entitle him to seek protection under Article 21.

In scathing remarks, the bench stated:

"Commission of such offences is becoming routine affair in this country because the courts are liberal and tolerant towards such acts of people with anti national bent of mind."

Thus, the court rejected his bail plea.