Not Free Speech: Allahabad HC Denies Bail Over Alleged Posts Showing PM Apologising To Pakistan, Indian Jets Being Shot Down

A bench of Justice Arun Kumar Singh Deshwal 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.

The single judge also remarked 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.

Briefly put, the accused (Asharaf Khan Alais Nisrat), booked under Sections 152 and 197 BNS, had allegedly uploaded edited videos on his Facebook ID during the recent India-Pakistan military face-off.

As per the prosecution case, the applicant-accused allegedly posted content showing that the Prime Minister Narendra Modi was moving adjacent to a donkey running a cart having an Aircraft and thereafter also showing him seeking an apology from Pakistan.

In the alleged post, it was further shown that Wing Commander Vyomika Singh (of the Indian Air Force) was sitting with Pakistan's Army Chief, and it was also mentioned in the post that the PM Modi was running to save himself from the Pakistani missile.

Another post stated Pakistan Air Force Zindabad and also showed Indian Aircraft being destroyed by Pakistani Aircraft. Certain other 'objectionable' posts against the Defence Minister Rajnath Singh and PM Modi were also posted by the applicant.

Though his counsel 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; the State argued that the alleged posts on social media creates disharmony among people of India and also showing disrespect to Indian Military and Indian Air Force, and therefore, his bail plea was opposed.

Against the backdrop of these submissions, the Court, while refusing to enlarge the applicant on bail, made the following strong observations:

"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".

Further, concluding that the nature of the objectionable post on social media by the applicant showed disrespect not only against the PM but also against the Indian Military and its officers, the Court refused to grant him bail.

Accordingly, the bail application was rejected.