PRAYAGRAJ The Allahabad High Court has refused to quash criminal proceedings against an Aligarh resident, accused of posting an ‘objectionable’ comment against Lord Shiva on his Facebook account. The court observed that offences of the kind, which could promote hatred between classes of people or communities, have to be ‘put down with a heavy hand’.
Dismissing the petition filed by accused Asif, Justice JJ Munir observed, “Offences of the kind that promote hatred between classes of people or communities have to be put down with a heavy hand. These offences cannot be permitted to flourish in society by adopting a soft-pedalling approach at the cost of widespread damage to the community.”
According to the case, the language of the post has ‘hurt religious sentiments’ of the Hindu community. After investigation, police submitted a charge-sheet against Asif. Thereafter, the judicial magistrate of Aligarh took cognisance of the offence and issued summons to the applicant on January 3, 2023. Aggrieved over the legal action, the applicant challenged the summoning order and also the resultant proceedings through the present application filed under section 482 (inherent powers of high court) of the Criminal Procedure Code (CrPC).
During the court proceedings, the counsel for the applicant took the plea that the comments posted on the applicant’s Facebook were forwarded by another person. The post is not the applicant’s authorship. However, the court, while rejecting the plea, said, “If there is a comment which has the tendency to promote enmity between different groups on the ground of religion, then posting it on one’s Facebook account would certainly constitute an offence.”
{{/usCountry}}During the court proceedings, the counsel for the applicant took the plea that the comments posted on the applicant’s Facebook were forwarded by another person. The post is not the applicant’s authorship. However, the court, while rejecting the plea, said, “If there is a comment which has the tendency to promote enmity between different groups on the ground of religion, then posting it on one’s Facebook account would certainly constitute an offence.”
{{/usCountry}}It added, “The words employed in the post are used with deliberate and malicious intention of outraging the religious feelings of a particular section of the community or a class of citizens of the country. Even if the said comments have been endorsed by the applicant by posting them on his Facebook account, it does not matter whether he is the author or the exponent of the comments.”
In its order dated April 6, the court said, “There is absolutely no good ground to quash the proceedings in exercise of powers under section 482 of CrPC. Hence, this application is accordingly dismissed.”