Justice Sanjay Kumar Singh, Allahabad High Court
Anti-National Ideology Cannot Be Ignored: Allahabad High Court Denies Bail To Man Accused Of Facebook Post Glorifying Pakistan
|The accused allegedly shared inflammatory Facebook posts depicting PM Modi in derogatory ways and glorifying Pakistan.
The Allahabad High Court refused to grant bail to an individual accused of sharing provocative and derogatory content on Facebook, which allegedly targeted Prime Minister Narendra Modi and glorified Pakistan, thereby promoting sentiments contrary to the sovereignty and integrity of India.
A Bench of Justice Sanjay Kumar Singh held, "The said contents appears to be aimed at ridiculing the Indian leadership and promoting a narrative contrary to the interest of national sovereignty, unity and integrity. This Court is also of the view that said material shared by the applicant through his Facebook account is provocative, objectionable and capable of inciting communal disharmony and disturbing public peace and order. The themes and language used in the post indicate inclination towards glorification of anti-national ideology, which cannot be ignored."
Advocate Rajesh Chandra Jaiswal appeared for the Applicant and Advocate Prashant Kumar Singh appeared for the Respondent.
Background
The accused had been booked under various provisions of the Bharatiya Nyaya Sanhita (BNS), specifically Sections 152, 352, 197(1)(c), and 353(1)(C), for allegedly disseminating inflammatory visuals and text via Facebook.
According to the prosecution, his posts included disturbing images, such as Prime Minister Narendra Modi depicted touching the feet of former Pakistan Prime Minister Imran Khan, Images showing Modi tied with a rope and being dragged by Imran Khan, alongside captions like “Modi Maafi Maangta Hai”, and Urdu text allegedly praising or glorifying Pakistan.
The Additional Government Advocate (AGA) submitted that the posts were not only objectionable and disrespectful, but were also designed to provoke communal unrest and disturb public peace and order.
Finding
The Court held that the alleged posts were capable of inciting communal disharmony and posed a
After reviewing the submissions from both sides and the material on record, the Court concluded that there existed serious and incriminating allegations against the accused. In view of the nature of the content, the potential impact on public order, and the inconsistencies in the defense’s position, the Court ruled that it was not a fit case for granting bail.
Accordingly, the bail plea was rejected.
Cause Title: Tahir Mewati v. State of U.P., [2025:AHC:124956]
Appearance:
Petitioner: Advocates Rajesh Chandra Jaiswal, Sachchida Nand Ojha, Vikas Srivastava
Respondent: GA, Prashant Kumar Singh