The Allahabad High Court (HC) on Friday refused to quash a case against a Muslim man accused of posting derogatory remarks along with photos of a Shivalinga on social media platforms, calling his actions “a deliberate attempt to inflict harm and offend the religious sensibilities of others”.
A bench of Justice Prashant Kumar said, “Such actions cannot be excused as mere expressions of opinion, but must be recognised for what they are: deliberate acts of religious vilification…as a deliberate attempt to insult and hurt the sentiments of a particular community.”
In June 2022, a First Information Report (FIR) was registered under Sections 153-A, 295-A of the IPC and Section 6 of the Information Technology (Amendment) Act at Chharra police station in Aligarh, Uttar Pradesh. The trial court took cognisance of the posts and derogatory remarks and issued summons to the man in January 2023. He moved a plea under Section 482 of the Criminal Procedure Code (CrPC) before the high court, seeking quashing the order as well as proceedings.
INNOCUOUS STATEMENT, SAYS DEFENCE; OUTRAGEOUS, SAYS GOVT
His counsel argued that he was falsely implicated as his social media account was hacked. Moreover, the counsel contended that even if it were assumed that the comment had been posted, it still did not constitute any offence. “The comment is rather an innocuous statement made without intending to hurt religious feelings of any community,” his counsel argued.
The government opposed the plea, stating the comment was outrageous and had hurt the religious sentiments of Hindu community. The high court held that the claim of hacking of his account related to the disputed question of fact, which could not be adjudicated in an application under Section 482, CrPC.
Regarding the defence of freedom of speech taken by the man, the court said that in India, freedom of speech is not absolute, rather it comes with responsibilities, foremost among them being the obligation to respect the sentiments and beliefs of others. The court said that his actions, which demonstrated a blatant disregard for religious sentiments, could not be viewed as mere inadvertence but a deliberate affront to the cherished values of country’s pluralistic society.
“By making a mockery of a community’s beliefs and comparing them to mundane objects, the accused has displayed a callous disregard for the deeply held beliefs and sentiments of millions,” the high court held.
FREEDOM NOT ABSOLUTE, NOT A CASE OF HYPERSENSITIVITY, SAYS HC
The court asserted that it is for the judiciary to send a clear message that such conduct will not be tolerated and will be met with appropriate legal consequences.
Further, the court outlined Article 51A of the Indian Constitution, which states fundamental duties of every citizen. This article underscores the obligation of citizens to foster an environment of mutual understanding and respect for diverse religious beliefs and identities, the HC said.
The court held that his actions of promoting enmity between different groups on the basis of religion and causing disharmony within society, contravened the spirit of this constitutional provision. Concluding the matter, the court held that this matter was not a case of hypersensitivity, rather “a matter concerning the sanctity and reverence attached to religious symbols by individuals who hold them divine”.
The court opined that it could not be said in the present matter that prima facie, no offence was made out against the man. It also did not fell under the guidelines laid down by the Supreme Court under which the inherent powers granted under Section 482 CrPC could be exercised.
Hence, the court dismissed the man’s petition, clarifying that any observation made in the order would not come in the way of the trial and the trial court would proceed purely on merits.
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