HC refuses to quash jail proceedings in opposition to man for objectionable comment in opposition to Lord Shiva

Express News Service

LUCKNOW: The Allahabad High Court has refused to quash jail proceedings in opposition to an individual accused of posting an objectionable contact upon social media web site Facebook in opposition to Lord Shiva, observing that such offences which had an inclination to promote hatred between classes of people or communities must be put down with an iron fist.

Dismissing a petition filed by Asif of Aligarh district, Justice JJ Munir observed: “Offences of the kind that have a tendency to 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.”

The allegation in opposition to the applicant was that he had posted objectionable suggestions on his Facebook account regarding Lord Shiva, by using objectionable language which had hurt religious sentiments of the Hindu group. There have been extra suggestions fomenting communal hatred by the other co-accused inside the suggestions a part of the FB account.

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After investigation, the police had submitted a charge-sheet in opposition to the applicant on the thought of cloth collected. Thereafter, the Judicial Magistrate-II, Aligarh took cognizance of the offence and issued summons to the applicant on January 3, 2023. However, the applicant challenged the summons and likewise the resultant proceedings by approach of the present software program filed beneath Section 482 (inherent powers of High Court) of Criminal Procedure Code (CrPC).

During the courtroom proceedings, the counsel for the applicant took the plea that the suggestions posted on the applicant’s Facebook had been merely forwards by one different specific individual and that they weren’t the applicant’s authorship.

Rejecting the plea, the courtroom acknowledged, “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 would certainly constitute an offence. The words employed in the post clearly are ones made 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, it does not matter whether he is the author or the exponent of the comments.”

Dismissing the making use of, the courtroom in its order dated April 6, acknowledged, “In the opinion of this court, 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.”

LUCKNOW: The Allahabad High Court has refused to quash jail proceedings in opposition to an individual accused of posting an objectionable contact upon social media web site Facebook in opposition to Lord Shiva, observing that such offences which had an inclination to promote hatred between classes of people or communities must be put down with an iron fist.

Dismissing a petition filed by Asif of Aligarh district, Justice JJ Munir observed: “Offences of the kind that have a tendency to 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.”

The allegation in opposition to the applicant was that he had posted objectionable suggestions on his Facebook account regarding Lord Shiva, by using objectionable language which had hurt religious sentiments of the Hindu group. There have been extra suggestions fomenting communal hatred by the other co-accused inside the suggestions a part of the FB account.googletag.cmd.push(carry out() googletag.present(‘div-gpt-ad-8052921-2’); );

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After investigation, the police had submitted a charge-sheet in opposition to the applicant on the thought of cloth collected. Thereafter, the Judicial Magistrate-II, Aligarh took cognizance of the offence and issued summons to the applicant on January 3, 2023. However, the applicant challenged the summons and likewise the resultant proceedings by approach of the present software program filed beneath Section 482 (inherent powers of High Court) of Criminal Procedure Code (CrPC).

During the courtroom proceedings, the counsel for the applicant took the plea that the suggestions posted on the applicant’s Facebook had been merely forwards by one different specific individual and that they weren’t the applicant’s authorship.

Rejecting the plea, the courtroom acknowledged, “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 would certainly constitute an offence. The words employed in the post clearly are ones made 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, it does not matter whether he is the author or the exponent of the comments.”

Dismissing the making use of, the courtroom in its order dated April 6, acknowledged, “In the opinion of this court, 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.”